The DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) announced a proposed rule that would protect the public by improving the safe transfer of hazardous materials to and from rail cargo and highway cargo trucks. The proposed rule would require additional training for employees and new safety requirements for motor carriers and facilities that transfer hazardous materials to and from rail cargo and highway cargo trucks.
“Safety is our top priority, and this rule would help cut the safety risks to workers loading and unloading hazardous materials and to people living near those facilities,” said U.S. Transportation Secretary Ray LaHood.
PHMSA data show that the most dangerous part of transporting hazardous materials by highway cargo trucks and by rail occurs when the hazardous material is being transferred by hose or pipe between the holding facility and the rail or truck transporting it. More specifically, the data show that human error and equipment failure also cause the greatest number of incidents during loading and unloading operations, sometimes with tragic consequences.
The notice proposes to add requirements including:
- Practice drills and classroom training of truck drivers and other workers who unload or load hazardous material;
- Training on automatic valve shut down to ensure the systems are in place and that employees know how to use the systems; and
- Developing inspection and maintenance programs to ensure the safety of hoses, valves, and other equipment used in loading and unloading.
“Between October and December 2010, five of the six incidents involving death or major injury were related to the loading and unloading of hazardous materials. We believe these proposed changes will increase safety and ultimately reduce the likelihood of catastrophic hazardous material incidents during loading and unloading,” said PHMSA Administrator Cynthia Quarterman.
Over the past 10 years, fatal and serious accidents during the process of transferring hazardous materials between rail or trucks and holding tanks prompted two recommendations from the National Transportation Safety Board and one from the Chemical Safety Board. Those recommendations are discussed in detail in the Notice of Proposed Rulemaking and based on the following accidents:
- On July 14, 2001, in Riverview, Michigan, methyl mercaptan was released from a rail tank car during unloading. The material ignited, engulfing the tank car in flames. Three plant employees were killed, and 2,000 people living in the surrounding neighborhood were evacuated.
- On September 13, 2002, in Freeport, Texas, a tank car containing about 6,500 gallons of oleum—fuming sulfuric acid and sulfur trioxide—ruptured at a transfer station. Twenty-eight people received minor injuries, and residents living within one mile had to shelter-in-place for 5-1/2 hours. Two storage tanks near the transfer station were damaged, and they released 660 gallons of the hazardous material.
- On August 14, 2002, in Festus, Missouri, an unloading hose ruptured releasing approximately 24 tons of chlorine over three hours. The magnitude of the incident was exacerbated because the emergency shutdown system failed. Three residents were admitted to the hospital, and hundreds were evacuated or asked to shelter-in-place.
- On August 11, 2005, in Baton Rouge, Louisiana, a chlorine transfer hose ruptured, although the emergency shutdown system operated properly, and the release ended in under a minute.
The public comment period for this notice ends 60 days after the date of publication in the Federal Register. The final rule is scheduled for publication this month in the Federal Register.
How to Prepare for OSHA Adoption of the GHS for Classification and Labeling of Chemicals
This means that virtually every chemical label, MSDS (soon to be called “safety data sheet”), 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.
Theses dramatic changes will also impact other OSHA standards such as Flammable and Combustible Liquids, Process Safety Management (PSM), Hazardous Waste Operations and Emergency Response (HAZWOPER), Fire Prevention and Protection, Occupational Exposure to Hazardous Chemicals in Laboratories, and many of the chemical-specific OSHA standards such as the Lead Standard.
At this live webcast, you will learn:
- GHS standards OSHA is adopting
- How the new standards differ from current requirements
- How to implement the changes
- Expected timetable for GHS implementation
Cary, North Carolina 24-Hr and 40-Hr HAZWOPER Courses
Personnel who are expected to stop, contain, and clean up on-site releases are required to have 24 hours of initial training. Personnel who are involved in cleanups at waste sites—including Superfund sites, RCRA corrective action sites, or even voluntary cleanups involving hazardous substances—must have 40 hours of initial classroom instruction.
Satisfy your training requirements by attending a comprehensive class that provides in-depth instruction on how to perform emergency response activities. Topics include hazard recognition, spill control and containment, worker protection, and waste site activities such as site characterization, waste handling, and decontamination. You will have the opportunity to apply your training during a hands-on simulated incident response.
Advertising Opportunities Available
Environmental Resource Center is making a limited number of advertising positions available in the Environmental Tip of the Week™, the Safety Tip of the Week™, and the Reg of the Day™.
What Else Can Banana Peels Do?
To the surprisingly inventive uses for banana peels, which include polishing silverware, leather shoes, and the leaves of house plants, scientists have added purification of drinking water contaminated with potentially toxic metals.
Gustavo Castro and colleagues note that mining processes, runoff from farms, and industrial wastes can all put heavy metals, such as lead and copper, into waterways. Heavy metals can have adverse health and environmental effects. Current methods of removing heavy metals from water are expensive, and some substances used in the process are toxic themselves. Previous work has shown that some plant wastes, such as coconut fibers and peanut shells, can remove these potential toxins from water. In this report, the researchers wanted to find out whether minced banana peels could also act as water purifiers.
The researchers found that minced banana peel could quickly remove lead and copper from river water as well as, or better than, many other materials. A purification apparatus made of banana peels can be used up to 11 times without losing its metal-binding properties, they note. The team adds that banana peels are very attractive as water purifiers because of their low cost and because they don’t have to be chemically modified in order to work.
New Jersey Proposes Common Sense Waiver Rule
The New Jersey Department of Environmental Protection (DEP) has proposed a rule that the agency says will enable it to remove unreasonable impediments to economic growth while ensuring net environmental benefit for the state.
Developed through extensive consultation and meetings with environmental advocates, local government officials and the business community, the rule would permit the Department to waive strict compliance with regulations in certain limited circumstances that do not compromise protections for the environment or public health.
“This is an important tool that will benefit the environment and the State’s economy,’’ said DEP Commissioner Bob Martin. “One size doesn’t always fit all in government. This offers a practical flexibility in allowing us to deal with issues.’’
“We must understand that policies adopted in Trenton affect employers, job creators, local governments and families throughout the State,” added Commissioner Martin. “We have an opportunity to change how government operates in a positive way. We can cut through unnecessary red tape and provide real solutions to real-world problems, while maintaining our high protective standards.”
The DEP would consider a waiver application only if one or more of the following conditions exists:
- Conflicting rules – The requirement sought to be waived conflicts with another Department or other State or Federal agency rule
- Unduly burdensome – Strict application of a rule creates an exceptional and undue hardship (similar to criteria for local zoning variances), or where another method of compliance would have the same or better results but at a significantly lower cost
- Net environmental benefit – The environment would be enhanced by a project enabled by the waiver; mitigation would be allowed to be considered
- Public emergency – DEP must waive a rule to respond to an emergency
“This proposal would not allow waivers to be routinely or commonly granted,” said Commissioner Martin. “The application of any waiver must be site- and fact-specific. It cannot compromise protections for the environment or public health. In fact, most waivers will result in greater net environmental benefit for New Jersey.”
Under the rule, the DEP would consider whether a proposed waiver is consistent with the Department’s core mission; whether the waiver is consistent with the intent of any underlying statute; whether the site is a redevelopment or brownfield; and/or whether a net environmental benefit would be achieved by granting the waiver.
A waiver would not be granted in any case inconsistent with any State or Federal laws, regional air agreements, emissions trading programs, or health and safety standards. Permit fees also cannot be waived. The review process would be transparent: all applications to and approvals by DEP would be publicly noticed.
When promulgating its rules, the Department cannot anticipate every circumstance or personal hardship that may exist. The standards of each chapter are designed to capture nearly all situations that could come before the DEP. Strict compliance with a regulatory provision can, in some limited circumstances, lead to unreasonable, unfair and unintended results, which can adversely affect not only prospective applicants, but also the public and the environment.
A public hearing on the waiver proposal is scheduled for April 14 at 3:00pm, in the DEP’s public hearing room at 401 East State Street in Trenton. Written comments may be submitted through May 6 to: Gary J. Brower, Esq., ATTN: DEP Docket No. 03-11-02, NJDEP, Office of Legal Affairs, 4th Floor, PO Box 402, Trenton, NJ 08625-0402.
Supercomputer Helps Trucks Improve Mileage up to 12%
BMI Corporation, a company in South Carolina, in partnership with the Department of Energy’s Oak Ridge National Laboratory (ORNL) has successfully developed a technology that will make semi trucks more fuel efficient with the potential to save millions of gallons of fuel. Utilizing the nation’s most powerful computer, BMI Corp designed a SmartTruck UnderTray System, a set of integrated aerodynamic fairings that improve the aerodynamics of 18-wheeler (Class 8) long-haul trucks. If all 1.3 million Class 8 trucks in the U.S. were configured with these components, companies could achieve annual savings of 1.5 billion gallons of diesel fuel—approximately equal to $5 billion in costs—and reductions of CO2 by 16.4 million tons.
“The Department of Energy’s supercomputers provide an enormous competitive advantage for the United States,” said Secretary Steven Chu. “This is a great example of how investments in innovation can help lead the way to new jobs, new ways of cutting our carbon emissions, and new opportunities for America to succeed in the global marketplace.”
The work on ORNL’s Cray XT-5 “Jaguar” supercomputer shortened the computing turnaround time for BMI’s complex models from days to a few hours and eliminated the need for costly and time-consuming physical prototypes. In all, running simulations on Jaguar allowed BMI to go from concept to a design that could be turned over to a manufacturer in 18 months instead of the 3½ years they had anticipated.
With installation of BMI’s SmartTruck UnderTray System to improve the aerodynamics of Class 8 long-haul trucks, the typical big rig can achieve fuel savings of between 7 and 12%, easily meeting the new California Air Resources Board mandate that calls for a minimum mileage improvement of 5%.
The UnderTray’s aerodynamic components are manufactured in Georgia by Cellofoam while various metal brackets, bolts, and other hardware that attach the parts to the trailer are made by a number of companies in South Carolina. Several fleets, including Con-way Truckload and Frito-Lay, are already using the parts. The kit can be installed in the field by fleet owners and operators.
BMI’s work with the Department was made possible through ORNL’s Industrial High-Performance Computing Partnerships Program, supported by the Department’s Office of Science. Through this effort, BMI was able to access Jaguar, which has a theoretical peak computational capability of 2.3 petaflops (2.3 quadrillion mathematical operations per second) making it more than 100,000 times more powerful than a typical home laptop.
Trucker Pleads Guilty to Violating Hazardous Materials Regulations
On February 17, 2011, Thomas Watson and Cathy Watson, principal operators of the now dissolved TomCat Trucking, Inc., (TomCat Trucking), pled guilty to an information charging conspiracy to violate the Federal Motor Carrier Safety Administration’s (FMCSA) Hazardous Materials Regulations.
In January 2009, following an FMCSA safety compliance review, TomCat Trucking was issued an Out of Service Order which included the revocation of their certificate/registration to operate. The investigation revealed that between January and July 2009, the Watsons transported numerous loads of placardable quantities of hazardous materials including Ammonium Nitrate and Telone II, a flammable and toxic pesticide. According to U.S. Attorney Michael J. Moore, the Watsons directly placed the public in serious danger of potential exposure to dangerous substances being transported on the public roadways.
Thousands of Clean Air Act Violations Claimed at Coal-Fired Power Plant
Three groups notified the Lower Colorado River Authority (LCRA) of their intent to sue the electric power supplier for more than 10,000 violations of the federal Clean Air Act (CAA) at LCRA’s coal-fired power plant near LaGrange in Fayette County. The notice of intent was served today by the Environmental Integrity Project, Texas Campaign for the Environment, and Environment Texas.
Located midway between Austin and Houston, the coal-fired Fayette Power Project (FPP) has been operating under a Flexible Air Permit, granted to it by the Texas Commission on Environmental Quality (TCEQ). On June 30, 2010, the EPA informed the State of Texas that the state’s Flexible Air Permit rules illegally weaken CAA protections and would have to be overhauled. The violations at the Fayette Power Project help explain why EPA felt compelled to act.
The three groups (Texas Campaign for the Environment, Environmental Integrity, and Environment Texas) notice of intent to sue—which is required as a first step under the CAA—states that the coal-fired power plant violated one of the most important federal clean air protections, called New Source Review, by ramping up capacity and increasing levels of dangerous particle pollution without making required pollution control upgrades. Particulate matter (PM) air pollution is not always visible to the eye, and is linked to asthma and to heart and lung disease.
The notice alleges thousands of ongoing violations of air pollution limits found in the power plant’s air pollution permits. In addition, the groups claim that LCRA deprived the State of Texas more than $500,000 in annual air pollution fees that are used to pay for the cost of clean air programs, by underreporting particulate matter emissions in annual reports filed with the TCEQ.
The Lower Colorado River Authority’s Fayette Power Project facility consists of three coal-fired boilers, designated as Units 1, 2, and 3, and associated facilities and material handling. Units 1 and 2, jointly owned by LCRA and Austin Energy, each have an electric generation capacity of approximately 600-megawatts. Unit 3 is owned solely by LCRA and has an electric generation capacity of approximately 450 megawatts.
Bill to Ban the Drying Cleaning Solvent Perchlorothylene in Illinois
The Illinois Senate Environment Committee unanimously passed Senate Bill 1617, which phases out the use of perchloroethylene, or perc, by Illinois dry cleaners. The bill now moves to the entire Senate for their consideration.
The bill, sponsored by Sen. Heather Steans, (D-Chicago), provides for the gradual phase out of perc, a volatile organic compound that has been detected in groundwater and in community drinking water systems across the State.
“I want to commend IEPA and all of the representatives of the Clean Technology Task Force for Commercial Clothes Cleaning for developing a workable solution to phase out perc,” said Sen. Steans. “Keeping perc out of our soil and groundwater is critical to maintaining safe water systems in Illinois communities.”
The Illinois EPA has identified an increasing trend in the detection of perc and its equally harmful breakdown products in the wells of community water systems. This is the result of analysis of volatile organic compounds (VOCs) detected in community water system wells.
“Eliminating perc as a source of drinking water contamination will be a public health benefit, and help us with our mission of protecting Illinois’ environment,” said Illinois EPA Interim Director Lisa Bonnett.
According to the bill, drycleaners will have until January 1, 2030, to complete the transition to dry cleaning machines that use less harmful solutions. The bill also requires persons to be properly trained in drycleaning best management practices to be present at drycleaning facilities whenever any drycleaning machines are operated.
Illinois EPA will review and assess alternatives to perc drycleaning to determine whether they pose negative impacts to human health and the environment.
The bill is supported by various organizations, including the Illinois Professional Drycleaners and Launderers, Korean American Drycleaning Association of Chicago, Environmental Law and Policy Center, and Environment Illinois.
$11.8 Million Fine for Illegal Storage of Hazardous Waste
Honeywell International Inc., pleaded guilty in federal district court in Benton, Illinois, to one felony offense for knowingly storing hazardous waste without a permit in violation of the Resource Conservation and Recovery Act (RCRA). Honeywell was also sentenced to pay a criminal fine in the amount of $11.8 million.
“Today, Honeywell must account for its knowing violation of a federal law that protects the public from exposure to hazardous waste containing radioactive material,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “All companies who generate hazardous waste must have a permit to store the waste and, when granted a permit under RCRA, must fully comply with its requirements or they will be prosecuted.”
“The citizens of Southern Illinois should not and will not tolerate improper storage of hazardous wastes so near their homes and businesses,” said Stephen R. Wigginton, U.S. Attorney for the Southern District of Illinois. U.S. Attorney Wigginton noted that he will, “continue to seek out and prosecute environmental criminals on behalf of the residents of the Southern District of Illinois in order to insure the environmental safety of our communities.”
“The defendant’s illegal storage practices put employees at risk of exposure to radioactive and hazardous materials,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s plea agreement and sentencing shows that those who try to circumvent the law and place people’s health and the environment at risk will be vigorously prosecuted.”
Honeywell, a Delaware corporation with corporate headquarters in Morristown, New Jersey, owns and operates a uranium hexafluoride (UF6) conversion facility in Massac County, Illinois, near the city of Metropolis and the Ohio River. Honeywell is licensed by the U.S. Nuclear Regulatory Commission to possess and otherwise manage natural uranium, which it converts into UF6 for nuclear fuel. The Metropolis facility is the only facility in the United States to convert natural uranium into UF6.
At the Metropolis facility, air emissions from the UF6 conversion process are scrubbed with potassium hydroxide (KOH) prior to discharge. As a result of this process, KOH scrubbers and associated equipment accumulate uranium compounds that settle out of the liquid and are pumped as a slurry into 55-gallon drums. The drummed material, called “KOH mud” and consisting of uranium and KOH, has a pH greater than or equal to 12.5.
In November 2002, Honeywell shut down part of the wet reclamation process it used to reclaim the uranium from the KOH mud, knowing that previously accumulated drums of KOH mud and any additional drums of KOH mud generated thereafter would have to be stored onsite until such time as the wet reclamation process was restarted. Honeywell also knew that, because the pH of KOH mud generated at the facility was greater than or equal to 12.5, it is classified as corrosive hazardous waste under regulations issued pursuant to RCRA. Therefore, Honeywell needed, but did not have, a RCRA permit to store any drums of KOH mud at its facility longer than 90 days.
In July 2007, Honeywell requested a modification of its RCRA permit from the Illinois Environmental Protection Agency (IEPA) so that they could store drums of KOH mud. IEPA issued Honeywell a modified permit in July 2008, allowing Honeywell to store drums containing KOH mud only in a KOH container storage area designed to contain any spills, leaks, or precipitation that accumulates in the drum storage area. By September 2008, Honeywell had accumulated over 7,000 drums of KOH mud. In April 2009, EPA special agents conducted a search warrant and found nearly 7,500 illegally stored drums containing waste that was both radioactive and hazardous. Honeywell began storing the KOH mud drums in compliance with the terms of its RCRA permit in approximately March 2010.
In accordance with the terms of the criminal plea agreement, Honeywell will serve a five-year term of probation. As a condition of probation, Honeywell must comply with the terms of the interim consent order entered into with the Illinois Attorney General’s Office and the IEPA, filed on April 21, 2010, and any subsequent revisions, which imposes a schedule for the processing of KOH mud. As a further condition of probation, Honeywell must implement a community service project in the community surrounding the Metropolis facility, whereby Honeywell will develop, fund and implement a household hazardous waste collection program and arrange for proper treatment, transportation, and disposal of this waste collected during at least eight collection events over a two-year period, at a cost of approximately $200,000.
The case was investigated by the Environmental Protection Agency Criminal Investigation Division. It was prosecuted by Jennifer A. Whitfield and Susan L. Park of the Environmental Crimes Section of the Department of Justice Environment and Natural Resources Division and by William E. Coonan and Michael J. Quinley of the U.S. Attorney’s Office for the Southern District of Illinois.
Oxford Aviation Fined for Hazardous Waste Violations
Oxford Aviation, Inc., of Oxford, Maine, a company that refurbishes and refinishes airplanes, has resolved a case involving EPA allegations that the company violated hazardous waste requirements.
Following a September 2009, EPA inspection of the Oxford facility, EPA alleged that Oxford violated RCRA by failing to adequately determine the contents of hazardous waste containers.
Oxford was very responsive to EPA’s requirements once the issues were raised with them. The company has certified to EPA that it is now in compliance with the federal hazardous waste law and has agreed to the payment of a $5,000 penalty. Additionally, as a result of the enforcement action, Oxford has voluntarily eliminated at least two hazardous waste streams from its processes, including chromium (a heavy metal) and methylene chloride (a chemical solvent).
$4,800 in Penalties for Improper Asbestos Removal
The Massachusetts Department of Environmental Protection (MassDEP) has assessed $4,800 in penalties to Top Notch Abatement of Palmer for failing to follow asbestos removal procedures at worksites in Southbridge and Worcester. The company is a Thorndike, Massachusetts-based asbestos contractor, licensed by the Massachusetts Division of Occupational Safety.
During an inspection in August 2009, MassDEP inspectors observed that Top Notch Abatement personnel had failed to seal the work area leak-tight to prevent fugitive asbestos fiber emissions at a Southbridge property. MassDEP inspectors required the company to make immediate repairs at that location before continuing the abatement work.
Subsequently, during an October 2009 inspection, MassDEP inspectors observed that Top Notch personnel failed to properly wet asbestos waste materials and seal them into leak-tight labeled containers during work at a Worcester location, as required by the regulations. MassDEP personnel again required the company to take immediate corrective measures before continuing abatement work.
In addition to paying a $4,200 penalty for the 2009 violations, the terms of the settlement require that the company pay an additional $600 penalty that had previously been suspended under the terms of a 2008 consent order. That suspension had been contingent upon the company not having repeat violations for one year.
MassDEP regulations require that asbestos removal contractors seal work areas, utilize wet methods of removal and handling, and package any generated asbestos waste in leak-tight labeled containers to minimize the potential for asbestos fibers to become airborne. Properly following the prescribed asbestos removal work practices is critical to prevent exposure of asbestos fibers to workers and building occupants, and to preclude other parts of the building from becoming contaminated.
“Asbestos contractors must strictly follow removal, handling and packaging procedures required by the MassDEP Asbestos Regulations to protect their workers and the general public from exposure to this carcinogen,” said Martin Suuberg, director of MassDEP’s Central Regional Office in Worcester. “The cost of noncompliance includes the payment of penalties, as well as escalated cleanup, decontamination and monitoring costs.”
New Energy Star Requirements for Televisions and Cable/Satellite Boxes
Effective in September 2011, these products must be 40% more efficient than conventional models in order to qualify for the Energy Star label. The updates are the first of more than 20 revisions to product requirements the Energy Star program is expected to complete this year.
The new television requirements reflect an acceleration of pending changes made possible by a rapid market response to the current Energy Star requirements. Sustained consumer demand and strong retailer support for the program could lead to sales of the current Energy Star qualified televisions representing as much as 70% of the market this year. With more than 19 million large screen (greater than 40 inches) televisions expected to ship this year, this means substantial overall energy bill savings and carbon dioxide (CO2) emissions reductions. For example, under the new requirements, a 60-inch television must use less than 108 watts, compared to the average 282 watts used by a standard model that size.
The new Energy Star requirements for cable and satellite boxes specify that they enter a deep sleep mode while not in use, dropping their energy consumption from about 16 watts to 2 watts or less. The new requirements also encourage the deployment of multi-room thin client devices to transmit programming from one central DVR to other televisions in the home.
In order to earn the Energy Star label under these new requirements, product performance must be certified by an EPA-recognized third-party based on testing in an EPA-recognized lab. In addition, manufacturers of the products must participate in verification testing programs run by recognized Certification Bodies. If all televisions, cable, and satellite boxes in the U.S. were to meet the new Energy Star requirements, consumer energy cost savings would grow to more than $5 billion each year and reduce annual greenhouse gas (GHG) emissions equal to those of more than 7 million cars.
New Robot System to Test 10,000 Chemicals for Toxicity
Several federal agencies have unveiled a new high-speed robot screening system that will test 10,000 different chemicals for potential toxicity.
The robot system, which is located at the National Institutes of Health Chemical Genomics Center (NCGC), was purchased as part of the Tox21 collaboration established in 2008 between the EPA, the National Institute of Environmental Health Sciences National Toxicology Program, and NCGC, with the addition of the U.S. Food and Drug Administration (FDA) in 2010. Tox21 merges existing resources—research, funding and testing tools—to develop ways to more effectively predict how chemicals will affect human health and the environment.
“Understanding the molecular basis of hazard is fundamental to the protection of people’s health and the environment,” said Dr. Paul Anastas, assistant administrator of EPA’s Office of Research and Development, “Tox21 allows us to obtain deeper understanding and more powerful insights, faster than ever before.”
The 10,000 chemicals the robot system will screen include chemicals found in industrial and consumer products, food additives, and drugs. Testing results will provide information useful for evaluating if these chemicals have the potential to disrupt human body processes enough to lead to adverse health effects.
“Tox21 has used robots to screen chemicals since 2008, but this new robot system is dedicated to screening a much larger compound library,” said National Human Genomes Research Institute (NHGRI) Director Eric Green, M.D., Ph.D. The director of the NCGC at NHGRI, Christopher Austin, M.D., added “The Tox21 collaboration will transform our understanding of toxicology with the ability to test in a day what would take one year for a person to do by hand.”
“The addition of this new robot system will allow the National Toxicology Program to advance its mission of testing chemicals smarter, better, and faster,” said Linda Birnbaum, Ph.D., NIEHS and NTP director. “We will be able to more quickly provide information about potentially dangerous substances to health and regulatory decision makers, and others, so they can make informed decisions to protect public health.”
Tox21 has already screened more than 2,500 chemicals for potential toxicity using robots and other innovative chemical screening technologies. The Tox21 chemical screening technologies were used to screen the different types of oil spill dispersants for potential endocrine activity during the BP oil spill in the Gulf of Mexico last year.
“This partnership builds upon FDA’s commitment to developing new methods to evaluate the toxicity of the substances we regulate,” said Dr. Janet Woodcock, director of FDA’s Center for Drug Evaluation and Research.
EPA contributes to Tox21 through the ToxCast program and by providing chemicals and additional fast, automated tests. ToxCast currently includes 500 chemical screening tests that are assessing more than 1,000 chemicals.
Updated Database on Health and Environmental Impacts of Electricity Generation
EPA has updated its database that helps Americans understand the health and environmental impacts of electricity generation.
eGRID is a comprehensive database of emissions from almost all electric power generated in the United States. The data are widely used to show the impacts of electricity generation as well as the benefits from reduced electricity demand. eGRID contains emissions information for nitrogen oxides (NOx) and sulfur dioxide (SO2) which contribute to unhealthy air quality and acid rain in many parts of the country. eGRID also contains emissions information for carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O), which are GHGs that contribute to climate change.
Power Profiler is a user friendly online application that uses eGRID data to show air emissions information and the type of electricity generation, such as coal or nuclear, in various regions of the country. By simply entering a zip code and selecting a utility, users can learn more about where their electricity comes from and what impact it has on air quality and the environment.
$1.9 Million Fine for Ammonia Release
United States Attorney Karen L. Loeffler has announced that Unisea, a Seattle-based seafood processing company, whose principal processing operations are conducted in Alaska, has agreed to pay $1.9 million in penalties and will pay for any necessary clean-up costs to settle allegations it violated federal and state laws when discharging ammonia and other waste from its facility on Amaknak Island in Unalaska.
The factual summary contained in the consent decree, signed by the parties and filed in Federal District Court in Alaska, reveals that beginning in 2005, Unisea discharged ammonia and other pollutants from its facility in Unalaska into surrounding waters without a permit in violation of the Clean Water Act (CWA), and that it failed to timely notify authorities of two large releases of ammonia from its facility in December 2007, in violation of federal and state environmental reporting laws.
The proposed agreement requires Unisea to pay federal and state civil penalties of $1,909,375. The total penalty is allocated as follows: $133,250 is a civil penalty pursuant to Section 109 of CERCLA (a.k.a., Superfund), $975,000 is a civil penalty pursuant to Section 325 of EPCRA (Emergency Planning and Community Right-to-Know Act), $297,000 is a civil penalty pursuant to Section 309 of the CWA, and $504,125 is a civil assessment pursuant to Alaska state law. Unisea will also be required to perform a benthic survey and potential clean-up of the site’s fish waste pile, and to implement a comprehensive environmental compliance plan to insure that future violations do not occur.
Unisea operates its principal seafood processing facility on southeast Amaknak Island, in Unalaska, Alaska. Dutch Harbor, the official name of the city’s port, is the largest port in terms of fish landings in the United States. Unisea produces seafood products from Pollock, Pollock Roe, Pacific Cod, Black Cod, Snow Crab, King Crab, Halibut, Whitefish Meal, and Fish Oil. According to the underlying complaint filed with the settlement in federal court, Unisea released anhydrous ammonia, elevated pH, propylene glycol, unscreened seafood processing wastewater, crab waste, stick water, fishmeal, and foam from outfalls at its Dutch Harbor facility from July 2005, to February 2008, in violation of the terms of its NPDES permit issued by EPA in 2003. The complaint also alleges that Unisea failed to properly notify authorities of two large ammonia releases in December 2007, approximately 17,000 pounds, which exceeded the reportable quantity for ammonia in violation of CERCLA and EPCRA. Facilities must report releases of ammonia in excess of 100 pounds. The releases were not reported to the appropriate federal, state, or local authorities until the middle of January 2008.
In lieu of pursuing Unisea separately, the State of Alaska joins in the proposed complaint of the United States to allege that Unisea violated state law by failing to make timely notifications of releases of ammonia from its Dutch Harbor facility in December 2007, and releases of other pollutants from its facility from 2005 to 2008.
In a previous agreement with the State of Alaska, Unisea Maintenance Engineer Director Arthur K. Aliment pleaded guilty to a criminal charge of failing to report the release of a hazardous substance. Aliment was the Unisea employee responsible for reporting releases to the appropriate federal, state, and local authorities. Aliment failed this responsibility when Unisea suffered the two large ammonia releases in December 2007. On January 12, 2011, Aliment was sentenced to 45 days in jail with the time suspended, a $7,500 fine with $3,750 suspended, 60 hours of community service, and probation for a period of one year.
The investigation leading to the complaint and consent decree filed in this matter was conducted by EPA’s Criminal Investigation Division and the Alaska Department of Environmental Conservation.
Three Arizona Firms Fined for Hazardous Waste Violations
Three Phoenix area companies were fined for violating state and federal hazardous waste laws. In separate actions, the manufacturing and processing companies will pay penalties that total $131,000.
“We impose strict environmental controls to make sure hazardous waste is properly handled,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Worker safety and the health of nearby communities is our primary concern, but it’s also important to enforce against violators to prevent them from gaining an economic advantage over their competitors.”
EPA and Arizona Department of Environmental Quality (ADEQ) inspectors found numerous hazardous waste violations during inspections in 2008 and 2009 at Acme Aerospace, AZZ Galvanizing Services, and Hexcel Corporation.
During multiple inspections, EPA and ADEQ inspectors found the facilities violated hazardous waste laws in a variety of ways, including:
- Failing to maintain the facility to minimize the possibility of a release of hazardous waste to air, soil, or surface water which could threaten human health or contaminate the environment
- Failing to label containers of hazardous waste which increases the possibility of improper handling of the waste
- Failing to properly characterize wastes, which led to hazardous waste being disposed of in the general trash
- Failing to close containers of hazardous waste, which increases workers’ exposure to hazardous constituents, contributes to air pollution, and increases the likelihood of spills
- Storing hazardous waste for over 90 days without a permit
Tempe-based Acme Aerospace, currently under new management, designs and manufactures custom batteries and battery control electronic systems for military and commercial aircraft applications. Acme was fined $31,000. AZZ Galvanizing Services, the nation’s largest galvanizer, which hot-dips machinery to prevent corrosion at its Goodyear facility, was fined $79,700. Casa Grande-based Hexcel Corporation develops and manufactures composites for use in commercial aerospace, wind energy, and industrial applications. Hexcel Corporation was fined $20,000.
Chemical Manufacturer and Distributor Fined for Emergency Preparedness Violations
A chemical manufacturing and distribution plant in New Haven, Connecticut, has agreed to pay a $12,626 penalty and to spend about $40,000 to buy emergency response equipment for the City to settle claims by the EPA that it violated federal air, water, and right-to-know laws.
According to the settlement signed recently by EPA’s New England office, H. Krevit and Co., will spend at least $36,056 on emergency response equipment for the New Haven Fire Department, including fully encapsulated vapor protective suits, and detection, monitoring, and metering equipment that will enable the fire department to respond to emergencies involving chemical releases more safely and effectively.
Among the hazardous chemicals used in the H. Krevit processes are hydrochloric acid, chlorine, nitric acid, sulfuric acid, sodium hydroxide, and sodium hypochlorite.
EPA alleged that H. Krevit failed to:
- Develop and put in place a risk management plan (RMP), for the storage of concentrated hydrochloric acid, in violation of CAA Section 112(r) and the chemical release prevention requirements (RMP regulations);
- Submit emergency and hazardous chemical inventory forms to local and state emergency responders, in violation of the federal Emergency Planning and Community Right-to-Know Act; and
- Develop and implement a Spill Prevention Control and Countermeasure () Plan, as required by the CWA.
H. Krevit formulates, repackages, and resells packaged water treatment chemicals. The company, which sells mainly to the water treatment and metal finishing industries, will also investigate if it can further reduce risk from its operations to the environment.
Some of the lessons learned from those investigations (many of which are not applicable to H. Krevit & Company’s facility) include:
- It is important to ensure the adequate separation of incompatible materials;
- It is important to ensure that the buildings are structurally appropriate for flammable chemical storage and that they are equipped with the proper fire protections;
- Do not assume that the list of chemicals covered by OSHA Process Safety Management regulations is perfectly consistent with the list of chemicals covered by the RMP regulations;
- Companies violating the CAA often were also found to be violating EPCRA and/or hazardous waste regulations;
- Companies should ensure that secondary containment systems for chemicals (to contain spills or leaks) are in good repair, that drums are stored in a stable manner, and that there is adequate aisle space for emergency responders;
- Several companies were unaware that the CAA’s General Duty Clause can apply even when RMP regulations do not.
- Companies storing and distributing large quantities of chemicals must ensure that they have excellent coordination with local emergency responders; local fire departments had safety concerns about some facilities.
“Companies that handle or store hazardous chemicals have a responsibility to follow the regulations that are set up to protect the public and the environment,” said Curt Spalding, regional administrator of EPA’s New England office. “The fine should serve as a reminder to these companies of such obligations, and the equipment being purchased by H. Krevit will help ensure that the fire department is adequately prepared to address emergencies associated with chemical releases that pose a threat to the public.”
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Trivia Question of the Week
What can you do at home that can reduce the amount of smog caused equivalent to the amount produced by driving 10,000 miles per year?
a. Turn your thermostat down 1 degree in the winter and up 1 degree in the summer
b. Plant one deciduous tree that shades the north side of your house
c. Install smog-eating roof tiles
d. Unplug two cell phone chargers when they are not in use