DOT Proposes to Harmonize Hazardous Materials Regulations with International Standards

 According to the Department, these revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air, the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations and subsequently address three petitions for rulemaking.

Among the changes are:

Hazardous materials table (HMT) revisions: DOT is proposing to add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, passenger and cargo aircraft maximum quantity limits. The proposed changes to the HMT mirror recent changes in the Dangerous Goods list of the 18th Revised Edition of the UN Model Regulations, the IMDG Code, and the ICAO TI.

Exceptions for Marine Pollutants: DOT is proposing an exception from the HMR for marine pollutants up to 5 l (1.3 gal) for liquids or 5 kg (11 lb) for solids when these materials are packaged in accordance with the general packaging requirements of 49 CFR 173.24 and 173.24a. The proposed amendment would exempt small packages of hazardous material from the HMR that are regulated only because of the presence of one or more marine pollutants.

Modification of the Marine Pollutant List: DOT is proposing to modify the list of marine pollutants in Appendix B to the hazardous materials table at 49 CFR 172.101. DOT uses the list as the basis for regulating substances toxic to the aquatic environment and the Department allows use of the criteria in the IMDG Code if a listed material does not meet the criteria for a marine pollutant.

Clarify Hazard Communication Size Requirements: DOT is proposing to add minimum sizes for the OVERPACK and SALVAGE markings. These markings would be characters at least 12 mm (0.47 inches) high. There is no minimum size for these marks currently in the HMR, and the information is not always readily visible. To offset any increased cost associated with the proposed size requirements, DOT will propose to permit a permanently marked salvage package or overpack to remain in service with its existing marks regardless of whether the identification number markings meet the minimum size requirements.

Revise Vessel Stowage Requirements: PHMSA is proposing to revise and add vessel stowage codes listed in column 10B of the HMT and segregation requirements in 49 CFR 176.83 consistent with the IMDG Code. These changes would harmonize the HMR with the IMDG Code and would provide additional guidance on the loading and stowage of various materials. Additionally, DOT is proposing to increase the required segregation distances between Division 4.3 dangerous when wet material (i.e. materials liable to give off a flammable or toxic gas in contact with water) and Class 3 flammable liquids and Division 2.1 flammable gases.

Addition of Entries for Adsorbed Gases in the Hazardous Materials Table: Consistent with amendments adopted into the UN Model Regulations, DOT is proposing to revise the HMT to include seventeen new entries for adsorbed gases. Additionally DOT is proposing to add into the HMR a definition for adsorbed gas, authorized packagings, and safety requirements including but not limited to quantity limitations and filling limits.

Harmonized Requirements for Lithium Batteries: DOT is proposing harmonization with the latest version of the ICAO Technical Instructions to ensure that the information currently authorized by the HMR to be provided by means of an alternative document be included on a shipping paper for batteries transported under the provisions of 49 CFR 173.185(c)(4)(v) —equivalent to Section IB of ICAO Packing Instructions 965 and 968. DOT is also proposing to harmonize with the latest version of the ICAO Technical Instructions by requiring a “CARGO AIRCRAFT ONLY” label on packages containing small lithium metal batteries not packed in or with equipment.

Definition of Non-Bulk Packaging: DOT is proposing to revise the HMR definition of non-bulk packaging by adding a new paragraph (4) to include bags and boxes conforming to the applicable requirements for specification packagings in of 49 CFR 178 subpart L, if they have a maximum net mass of 400 kg (882 lb) or less. The UN Model regulations were revised to remove the volumetric limit for certain packaging types considered in Part 6 of the UN Model Regulations that would be considered non-bulk packagings under the HMR. This change was based on recognition by the UN Transport of Dangerous Goods Sub-Committee that there are packagings suitable for the transportation of high volume, low mass materials (e.g., airbags).

The DOT is accepting comments on the proposed changes until October 24, 2014.

Training on New Rules for Lithium Battery Shipments

 These changes are designed to ensure that lithium cells and batteries are able to withstand normal transportation conditions and are packaged to reduce the possibility of damage that could lead to an unsafe situation.

 

• Enhance packaging and hazard communication requirements for lithium batteries transported by air
• Replace equivalent lithium content with Watt-hours for lithium ion cells and batteries
• Adopt separate shipping descriptions for lithium metal batteries and lithium ion batteries
• Revise provisions for the transport of small and medium lithium cells and batteries including cells and batteries packed with, or contained in, equipment
• Revise the exceptions for small cells and batteries in air transportation
• Revise the requirements for the transport of lithium batteries for disposal or recycling
• Harmonize the provisions for the transport of low production and prototype lithium cells and batteries with the ICAO Technical Instructions and the International Maritime Dangerous Goods Code
• Adopt new provisions for the transport of damaged, defective, and recalled lithium batteries

If you ship batteries by ground or air, you must comply with the latest DOT and IATA/ICAO regulations that specify how the batteries must be packaged, marked, labeled, and transported. The rules apply not only to batteries, but also to equipment or vehicles that contain batteries as well as batteries packed along with equipment. Virtually all types of batteries are regulated, including lithium, lead-acid, nickel cadmium, and metal hydride alkaline. According to 49 CFR 172.704, all personnel involved in the classification, packaging, marking, labeling, or shipment of batteries must receive initial and recurrent transportation training.

 

Pittsburgh RCRA and DOT Training

 

Columbus RCRA and DOT Training

 

San Antonio RCRA and DOT Training

 

EPA’s New Solvent Wipe, Shop Towel Rule Demystified

 

• 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?

 

EPA Releases Three Final Chemical Risk Assessments

 The risk assessment for Dichloromethane (DCM), which is widely used in paint stripping products, indicates health risks to both workers and consumers who use these products, and to bystanders in workplaces and residences where DCM is used. EPA estimates that more than 230,000 workers nationwide are directly exposed to DCM from DCM-containing paint strippers.

“While EPA continues to support much needed reform of this country’s chemicals management legislation, we are also using our current authorities as effectively as we can, which includes conducting risk assessments on chemicals to determine if they are safe for the public,” said Jim Jones, Assistant Administrator for EPA’s Office of Chemical Safety and Pollution Prevention. “Our review indicates that the use of DCM in paint strippers pose risks to human health, so EPA is beginning an effort to determine options for addressing the concern.”

Risk assessments for the other two chemicals did not show concerns. The other two looked at ecological risks of antimony trioxide (ATO) used as a synergist in halogenated flame retardants and 1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8,-hexamethylcyclopenta-[?]-2-benzopyran (HHCB) used as a fragrance ingredient in commercial and consumer products.

The risk assessments are based on the best available information and were finalized after careful consideration of comments from the public and experts during an independent, scientific peer review of the assessments.

For DCM, EPA is considering a range of possible voluntary and regulatory actions to address concerns and anticipates conducting a workshop in late fall to engage key stakeholders and the public on potential alternatives and risk reduction approaches.

In the meantime, EPA recommends that consumers check the label to determine if the product contains Dichloromethane or Methylene Chloride. If so, EPA recommends taking precautions that can reduce exposures, such as using the product outside or in an extremely well-ventilated area and wearing protective equipment.

EPA is also currently evaluating risks of another chemical in paint strippers called N-Methylpyrrolidone (NMP). EPA released a draft risk assessment for NMP which identified risks associated with use of NMP-containing paint strippers. EPA does not expect the final risk assessment to significantly change this conclusion, and therefore recommends that those using NMP-containing paint strippers also take measures to minimize exposure.

EPA Finalizes Sufficiently Sensitive Test Methods for NPDES Permit Applications and Reporting

. The rulemaking clarifies that NPDES applicants and permittees must use EPA-approved analytical methods capable of detecting and measuring pollutants at or below applicable water quality criteria or permit limits. The amendments in this rulemaking affect only chemical-specific methods; they do not apply to Whole Effluent Toxicity methods or their use.

Rubber Meets the Road with New ORNL Carbon, Battery Technologies

ORNL researchers’ goal is to scale up the recovery process and demonstrate applications as anodes for lithium-ion batteries in large-format pouch cells. ORNL researchers’ goal is to scale up the recovery process and demonstrate applications as anodes for lithium-ion batteries in large-format pouch cells.

Recycled tires could see new life in lithium-ion batteries that provide power to plug-in electric vehicles and store energy produced by wind and solar, say researchers at the Department of Energy’s Oak Ridge National Laboratory.

By modifying the microstructural characteristics of carbon black, a substance recovered from discarded tires, a team led by Parans Paranthaman and Amit Naskar is developing a better anode for lithium-ion batteries. An anode is a negatively charged electrode used as a host for storing lithium during charging.

The method, outlined in a paper published in the journal RSC Advances, has numerous advantages over conventional approaches to making anodes for lithium-ion batteries.

“Using waste tires for products such as energy storage is very attractive not only from the carbon materials recovery perspective but also for controlling environmental hazards caused by waste tire stock piles,” Paranthaman said.

The ORNL technique uses a proprietary pretreatment to recover pyrolytic carbon black material, which is similar to graphite but man-made. When used in anodes of lithium-ion batteries, researchers produced a small, laboratory-scale battery with a reversible capacity that is higher than what is possible with commercial graphite materials.

In fact, after 100 cycles the capacity measures nearly 390 milliamp hours per gram of carbon anode, which exceeds the best properties of commercial graphite. Researchers attribute this to the unique microstructure of the tire-derived carbon.

“This kind of performance is highly encouraging, especially in light of the fact that the global battery market for vehicles and military applications is approaching $78 billion and the materials market is expected to hit $11 billion in 2018,” Paranthaman said.

Anodes are one of the leading battery components, with 11 to 15% of the materials market share, according to Naskar, who noted that the new method could eliminate a number of hurdles.

“This technology addresses the need to develop an inexpensive, environmentally benign carbon composite anode material with high-surface area, higher-rate capability and long-term stability,” Naskar said.

 The solicitation (#ORNL-TT-2014-08) closes September 15. Other potential uses include water filtration, gas sorption, and storage.

 

Co-authors are Zhonghe Bi, Yunchao Li, Sam Akato, Dipendu Saha, Miaofang Chi, and Craig Bridges. They are working with David Wood and Jianlin Li on a pilot manufacturing process to scale up the recovery of material and demonstrate applications as anodes for lithium-ion batteries in large-format pouch cells. Researchers expect these batteries to be less expensive than those manufactured with commercial carbon powders.

The research on conversion of recycled tires to graphite powders was funded by the laboratory’s Technology Innovation Program while the research on battery fabrication and electrochemical testing was sponsored by DOE’s Office of Basic Energy Sciences, Materials Sciences and Engineering Division. Transmission electron microscopy research was supported by ORNL’s Center for Nanophase Materials Sciences, a DOE Office of Science user facility.

DOE’s Office of Science is the single largest supporter of basic research in the physical sciences in the United States, and is working to address some of the most pressing challenges of the time.

SeaCast, Inc. to Spend $230,000 in Hazardous Waste Reduction after Violations Found

SeaCast, Inc., a metal casting facility in Marysville, Washington, has agreed to pay EPA a penalty of $18,000 to settle alleged hazardous waste violations at the company, which is located within the boundaries of the Tulalip Indian reservation.

SeaCast also agreed to implement procedures to prevent future violations of hazardous waste management requirements.

According to Scott Downey, Manager of EPA’s hazardous waste inspection unit in Seattle, strict compliance with federal hazardous waste storage and management requirements protects people and the environment. “SeaCast has found a way to modify its production process and reduce its reliance on caustic cleaning solutions as a part of this settlement,” said Downey. “One of the central goals of the EPA’s hazardous waste program is to conserve resources and minimize the generation of hazardous wastes, so this project fits nicely.”

EPA alleged that SeaCast:

•  
• Stored hazardous wastes at the facility without obtaining a permit or complying with conditions applicable to hazardous waste generators
• Stored hazardous waste on site for longer than 90 days, failed to maintain adequate aisle space between containers of hazardous waste, and failed to conduct required weekly inspections of hazardous waste storage areas. 

EPA Fines SUNY Downstate Medical Center for Improper Storage and Handling of Hazardous Waste

 The hospital must come into compliance with hazardous waste requirements and faces fines up to $156,710 for the improper management and storage of hazardous wastes in two buildings in its Brooklyn, New York campus. EPA inspections revealed the hospital had generated and stored chemical wastes in corroded and leaking containers, many of which were not properly labeled.

“Hospitals and research facilities should take steps to reduce the generation of hazardous waste, and ensure wastes are properly stored and handled,” said EPA Regional Administrator Judith A. Enck. “When not properly handled, hazardous wastes can pose a danger to employees and those living in the surrounding community.”

Under federal hazardous waste law, hazardous wastes must be stored, handled, and disposed of properly to safeguard public health and the environment. Facilities must also have properly trained staff, as improperly stored hazardous waste can spill and pose a risk to people and the environment.

In June 2013, the EPA conducted inspections of SUNY Downstate Medical Center’s campus. Among the violations of federal hazardous waste law discovered during these inspections were:

• The failure to determine which substances should be considered hazardous waste to ensure that they are managed properly
• The storage of hazardous waste without a permit. Owners or operators of facilities used for the treatment, storage or disposal of hazardous waste must first obtain a permit or qualify for interim status, unless they meet certain conditions for short term storage of waste without a permit.
• The failure to maintain and operate its facilities in a manner that minimized the possibility of a fire, explosion, or accidental release of chemicals
• The failure to ship hazardous waste to an authorized facility
• The failure to use hazardous waste manifests for the transportation of hazardous wastes from its facility. Generators of hazardous waste must prepare a manifest before shipping hazardous waste for transport off-site.

TDEC Leads Investigation to Convict Memphis Business Owner for Illegal Dumping

The Tennessee Department of Environment and Conservation (TDEC), along with the City of Memphis and Shelby County recently prosecuted a Memphis business owner for illegal dumping.

TDEC investigators worked closely with leaders from the City of Memphis and the Shelby County District Attorney to prosecute and obtain a conviction of Thomas Bolton, an excavation-company owner, for three counts of vandalism, three counts of theft of property, operating an illegal landfill and illegal transportation, processing or disposing of solid waste.

“We take these situations very seriously. Not only was the dumping illegal, but the environmental factors that play a role in situations like this can be significant. The purpose of licensed landfills is for waste disposal,” said TDEC Commissioner Bob Martineau. “A special thanks to the City of Memphis and Shelby County for partnering with us in these efforts.”

Bolton’s company, B&W Excavating Company, contracted with the city to bulldoze hundreds of condemned houses. Instead of disposing of materials legally, he saved himself hundreds of thousands of dollars in disposal fees by dumping drywall, roof shingles, carpets, concrete, boards, and other household trash on privately owned land in Southwest Memphis.

Judge L.T. Lafferty sentenced Thomas Bolton to eight months in prison with no parole for illegally dumping construction materials. Lafferty ordered Bolton to make restitution of $1.56 million to the three landowners and to perform 100 hours of community service annually while on probation for 15 years. The judge also ordered Bolton to clean and restore the victims’ properties and to notify TDEC of any other projects if he continues in the excavation business.

“This case should serve as a warning to others that such criminal behavior will not be tolerated in Shelby County,” said Dist. Atty. Gen. Amy Weirich. “People must understand that illegal dumping is a serious crime and that we will continue to work with our state, county and city partners to identify offenders and bring them to justice.”

Montana Proposing Rule Changes to Streamline Meth Cleanup Contractor Licensing

The Montana Department of Environmental Quality will hold a public hearing on September 11 to consider amending the Administrative Rules of Montana to streamline methamphetamine cleanup contractor certification and make other technical changes. The hearing will begin at 1:30 in Rooms 136/137 of the Metcalf Building at 1520 East 6th Ave. in Helena, Montana.

Since the legislature enacted cleanup standards for methamphetamine manufacturing sites or “labs” in 2005, the DEQ has been responsible for certifying that cleanup contractors have the training necessary to do a safe and complete job. The DEQ also maintains a list of meth contaminated properties on its website.

The proposed rules combine the two certifications of “worker” and “supervisor” into a single “certified contractor.” They also streamline the renewal process, clarify training provider certification requirements, establish a single decontamination standard, remove unnecessary definitions, and repeal several outdated sections. 

Anyone wishing to comment on the rules may attend the hearing or submit their comment in writing to Eloise Johnson, DEQ, PO Box 200901, Helena MT, 59620 -0901. 

The DEQ will make reasonable accommodations for persons with disabilities who wish to participate in this hearing. If you require an accommodation, contact Elois Johnson at 406-444-2630.

$6,790 Penalty for Hazardous Waste Violations

Micron Products, Inc., a manufacturer of knee joints and EKG buttons at its plant located on Sawyer Passway in Fitchburg, Massachusetts, has been assessed a $6,790 penalty by the Massachusetts Department of Environmental Protection (MassDEP) for violating Hazardous Waste Management and Toxics Use Reduction Act regulations.

During an inspection conducted at the Micron facility in February, MassDEP found that the company had accumulated hazardous waste for longer than allowed under its generator status, failed to comply with other hazardous waste accumulation standards and did not have the certification statement on its last toxics use reduction plan update signed by a senior management official.

In a consent order, the company agreed to comply with applicable regulations and pay the penalty. The agreement includes a Supplemental Environmental Project, which allows up to $4,075 of the penalty to be used toward the purchase of equipment and software to detect various gases, which will be given to the City of Fitchburg’s Fire Department.

“The company acted very quickly to come into compliance with applicable regulations once they were notified of the violations,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester. “The Supplemental Environmental Project will provide the Fire Department a much-needed piece of safety equipment.”

$3,000 Penalty for Hazardous Waste, Industrial Wastewater Violations

The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $3,000 penalty to Henry C. Kocot & Sons, Inc., for violations of the hazardous waste and industrial wastewater regulations that occurred at its South Deerfield facility. Kocot & Sons is a trucking, excavation and transporter business that utilizes its garage area for business vehicle maintenance operations.

During a routine inspection of the facility in April of 2013, MassDEP observed violations of Massachusetts Hazardous Waste and Industrial Wastewater regulations, including failures to maintain waste oil records for oil generated and burned in an on-site space heater, register as a very small quantity generator of hazardous waste, register an industrial wastewater holding tank and prevent discharge of industrial wastewater from the washing of trucks to an adjacent stream.

The company cooperated with MassDEP and immediately addressed many of the violations. As part of a settlement, Kocot & Sons has agreed to pay a penalty of $1,000 and complete the necessary steps to bring the company into full compliance. MassDEP will suspend the remaining $2,000 pending compliance with the terms of the agreement.

“MassDEP regulations require proper management of hazardous waste and industrial wastewater to ensure the protection of public health and the environment,” said Michael Gorski, director of MassDEP’s Western Regional Office in Springfield. “We are pleased with the environmental protection that will result from the immediate actions taken and the commitment to compliance.”

Excel Recycling Assessed $15,100 Penalty for Failing to Report, Cleanup Oil Spill

Excel Recycling, LLC, of South Dartmouth has been penalized $15,100 by the Massachusetts Department of Environmental Protection (MassDEP) to resolve the company’s failure to notify MassDEP and conduct timely cleanup actions for a waste oil spill at its Charlton facility.

The USTs had been brought to the facility to be recycled and should have been empty, however two of them contained an estimated 150 gallons of waste oil.

MassDEP responded to the site, met with the facility operator and Fire Department and determined that a cleanup was necessary. Upon further investigation, MassDEP determined that Excel Recycling discovered the spill on March 4, 2013, but did not take action or report it to MassDEP until the Fire Department discovered the release two days later.

MassDEP oversaw the work of Excel Recycling and its contractor to ensure that the spill was contained and the cleanup completed. The company has revised its facility spill plan, conducted employee training to minimize the potential for accepting contaminated scrap in the future and agreed to the $15,100 penalty.

The company paid $3,250 of the fine to the Commonwealth, $9,750 of the penalty was directed toward purchasing spill response equipment for the Charlton Fire Department as a part of a Supplemental Environmental Project (SEP) and the remaining $2,100 has been suspended pending finalization of the SEP and no further environmental violations for a year.

“Timely notification of sudden oil releases enables MassDEP to ensure that cleanup response is started as quickly as possible,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester. “The good work done by the Charlton Fire Department made it possible for this release to be addressed as soon as it was, despite Excel’s failure to notify us.”

Oil Companies Ordered to Take Corrective Actions and Pay $250,000 in Civil Penalties

The Department of Environmental Protection (DEP) recently announced a Consent Order and Agreement with William C. Henderson, Titusville Oil & Gas Associates, Inc., Eagle Line Corporation, and Olympia Oil Services, Inc., which includes $250,000 in civil penalties.

The civil penalties stem from various violations of the Clean Stream Law, Solid Waste Management Act, and Oil and Gas Act, including failure to obtain Erosion and Sediment Control general permits during earthmoving, unauthorized discharge of production fluids, failure to report such unauthorized discharges, failure to plug abandoned wells, and other violations. The violations were discovered during inspections of various properties owned and operated by Henderson and his companies between March 2010 and June 2014.

Further investigations by DEP also concluded that Henderson and Titusville Oil had disturbed more than five acres and disturbed wetlands without permits, along with several other on-going issues.

In addition to the penalties, Henderson and his three companies must take all actions necessary to attain compliance with the state’s laws and regulations, including the cease and desist of all unauthorized well activity, restoration of all illegally disturbed areas, and submission of outstanding reports, among other requirements.

Henderson is the president and operator of the three companies, and is subject to the requirements of the Consent Order and Agreement. Henderson and his companies are required to pay the civil penalty in payments, with an immediate $25,000 payment and equal payments of $56,250 over the next 12 months.

EPA Region 10 Completed Over 50 Enforcement Actions in the Second Quarter

EPA, Region 10, completed over 50 environmental compliance and enforcement actions in Alaska, Idaho, Oregon, and Washington from April 1, 2014 through June 30, 2014.

Violations of environmental laws put public health and the environment at risk. EPA enforces federal environmental laws to protect communities and to keep the region’s air, land, and water healthy. These compliance and enforcement efforts also level the playing field by deterring violators who might otherwise have an unfair business advantage over environmentally compliant facilities and businesses.

 

US Settles with DuPont to Resolve Clean Air Act Violations and Protect Communities

EPA and the Department of Justice recently announced a settlement with E.I. du Pont de Nemours and Company (DuPont) at its Belle, West Virginia, facility for eight alleged releases of harmful levels of hazardous substances between May 2006 and January 2010. Several of the releases posed significant risk to people or the Kanawha River. One DuPont worker died after exposure to phosgene, a toxic gas released due to DuPont’s failure to comply with industry accident prevention procedures.

 

“Producing toxic and hazardous substances can be dangerous, and requires complying with environmental and safety laws,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement with DuPont will ensure that the proper practices are in place to protect communities and nearby water bodies.”

“Failing to follow laws meant to prevent accidents can have fatal consequences—as was tragically the case here,” said Sam Hirsch, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Today’s settlement holds DuPont accountable for its failure to prevent hazardous releases and requires improvements to its risk management operations and emergency response systems that could prevent future tragedies and damage to the environment.”

Through this settlement, DuPont will implement enhanced risk management operating procedures to improve its process of responding to alarms triggered by releases of hazardous substances.

DuPont will also develop an enhanced operating procedure to improve its management of change process, which is a best practice used to ensure that safety, health and environmental risks are controlled when a company makes changes to their processes.

In addition, DuPont will improve procedures so federal, state, and local responders are notified of emergency releases, and will conduct training exercises to prepare employees to make such notifications.

DuPont estimates that it will spend approximately $2,276,000 to complete the required improvements to its safety and emergency response processes.

Previously, on March 18, 2010 the EPA issued an administrative order to DuPont to undertake corrective measures related to the releases. DuPont estimates that it has spent approximately $6,828,750 to comply with the administrative order.

On January 22, 2010, at DuPont’s chemical manufacturing plant in Belle, West Virginia, operators discovered that more than 2,000 lb of methyl chloride had leaked into the atmosphere and employees failed to respond to alarms triggered by the release. On the morning of January 23, workers discovered a leak in a pipe containing the toxic gas oleum. Later that day, a hose containing phosgene, a highly toxic gas, ruptured resulting in the fatality of a worker exposed to phosgene.

The alleged risk management violations on January 22 and 23 include failing to:

• Identify hazards that may result from accidental releases
• Design and maintain a safe facility
• Minimize consequences of accidental releases that do occur
• Follow recognized industry safety practices
• Train its employees on how to respond to potential risks
• Frequently inspect and test equipment consistent with good engineering practices and manufacturer recommendations.
• Follow the company’s own procedures for responding to alarms indicating potential problems and implementing safety protocol for the phosgene process.

 

In these incidents, EPA alleged the company released harmful quantities of hazardous substances and then did not report the releases to the National Response Center, State Emergency Response Commission and Local Emergency Planning Committee in a timely manner. The largest of these was the release of 80 tons of methanol into the Kanawha River on September 21, 2010.

The consent decree, lodged in the US District Court for the Southern District of West Virginia, is subject to a 30-day public comment period and approval by the federal court.

Ozone-Depleting Compound Persists, New Research Shows

New research shows Earth’s atmosphere contains an unexpectedly large amount of an ozone-depleting compound from an unknown source decades after the compound was banned worldwide.

Carbon tetrachloride (CCl₄), which was once used in applications such as dry cleaning and as a fire-extinguishing agent, was regulated in 1987 under the Montreal Protocol along with other chlorofluorocarbons that destroy ozone and contribute to the ozone hole over Antarctica. Parties to the Montreal Protocol reported zero new CCl₄ emissions between 2007-2012.

However, the new research shows worldwide emissions of CCl₄ average 39 kilotons (about 43,000 US tons) per year, approximately 30% of peak emissions prior to the international treaty going into effect.

“We are not supposed to be seeing this at all,” said Qing Liang, an atmospheric scientist at NASA’s Goddard Space Flight Center in Greenbelt, Maryland, and lead author of the study published online in the August 18 issue of Geophysical Research Letters, a journal of the American Geophysical Union. “It is now apparent there are either unidentified industrial leakages, large emissions from contaminated sites, or unknown CCl₄ sources.”

As of 2008, CCl₄ accounted for about 11% of chlorine available for ozone depletion, which is not enough to alter the decreasing trend of ozone-depleting substances. Still, scientists and regulators want to know the source of the unexplained emissions. For almost a decade, scientists have debated why the observed levels of CCl₄ in the atmosphere have declined slower than expectations, which are based on what is known about how the compound is destroyed by solar radiation and other natural processes.

“Is there a physical CCl₄ loss process we don’t understand, or are there emission sources that go unreported or are not identified?” Liang said. With zero CCl₄ emissions reported between 2007-2012, atmospheric concentrations of the compound should have declined at an expected rate of 4% per year. Observations from the ground showed atmospheric concentrations were only declining by 1% per year.

To investigate the discrepancy, Liang and colleagues used NASA’s 3-D GEOS Chemistry Climate Model and data from global networks of ground-based observations. The CCl₄ measurements used in the study were made by scientists at the National Oceanic and Atmospheric Administration’s (NOAA’s) Earth System Research Laboratory and NOAA’s Cooperative Institute for Research in Environmental Sciences at the University of Colorado, Boulder.

Model simulations of global atmospheric chemistry and the losses of CCl₄ due to interactions with soil and the oceans pointed to an unidentified ongoing current source of CCl₄. The results produced the first quantitative estimate of average global CCl₄ emissions from 2000-2012.

In addition to unexplained sources of CCl₄, the model results showed the chemical stays in the atmosphere 40% longer than previously thought.

“People believe the emissions of ozone-depleting substances have stopped because of the Montreal Protocol,” said Paul Newman, chief scientist for atmospheres at NASA’s Goddard Space Flight Center, and a co-author of the study. “Unfortunately, there is still a major source of CCl₄ out in the world.”

Unlawful Application of Pesticides Occurs at Georgia Nursing Homes

Steven A. Murray, 54, of Pelham, Alabama, and his company, Bio-Tech Management, Inc., were sentenced in federal court in Macon, Georgia, after pleading guilty to charges of conspiracy, unlawful use of pesticides, false statements, and mail fraud in connection with the misapplication of pesticides in Georgia nursing homes, announced Acting Assistant Attorney General Sam Hirsch of the Justice Department’s Environment and Natural Resources Division and US Attorney Michael J. Moore for the Middle District of Georgia.

Murray was sentenced by District Judge Marc T. Treadwell to two years in prison, one year of supervised release and to pay a fine of $7,500. Bio-Tech was sentenced to three years of probation and to pay a fine of $50,000.

From October 2005 to June 2009, Murray and Bio-Tech provided monthly pest control services to hundreds of nursing homes in several southern states including Georgia, South Carolina, North Carolina, and Alabama by spraying pesticides in and around their clients’ facilities. Bio-Tech employees routinely applied the pesticide Termidor indoors, contrary to the manufacturer’s label instructions, and then created false service reports to conceal that illegal use. After the Georgia Department of Agriculture made inquiries regarding Bio-Tech’s illegal use of Termidor and other pesticides, Murray directed several of his Bio-Tech employees to alter company service reports with the intent to obstruct the investigation.

“Today’s sentence is fair and just punishment for Murray and his company’s abuse of pesticides in nursing homes, their fraud against their clients, and their concealment of crimes from state and federal investigators,” said Acting Assistant Attorney General Hirsch. “Companies must abide by the laws that protect the public from the harmful effects of improperly applied pesticides.”

“This case is particularly disturbing because of the defendants’ intentional disregard for the wellbeing of a vulnerable group of victims whose safety was entirely in the defendants’ hands,” said US Attorney Moore. “This sentence is a just punishment for them and a stern warning to others who might be similarly tempted in the future.”

“Today’s sentence highlights the importance of using pesticides in a safe and legal manner, especially around vulnerable populations,” said Maureen O’Mara, Special Agent in Charge of EPA’s criminal enforcement program in Georgia. “The defendant exposed patients to harmful pesticides which jeopardizing their health and safety and tried to cover it up by submitting false reports. EPA and its partner agencies are committed to holding these kinds of dangerous actions accountable to the law.”

Clean Air Settlement with Rhode Island Chemical Manufacturer will Minimize Emissions

An EPA settlement will require that a Rhode Island chemical manufacturing company take multiple actions designed to minimize air emissions and protect air quality near the facility and in the surrounding community.

The company, Mereco Technologies Group, Inc., has agreed to settle EPA claims that the company neither complied with the National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources, nor applied for a necessary Rhode Island Clean Air Act permit. In addition to a $60,000 penalty, the settlement requires that the company apply for an air permit and take steps to reduce emissions and ensure compliance with air pollution regulations.

Mereco Technologies Group operates a specialty chemical manufacturing facility at 1505 Main Street in West Warwick, R.I. Mereco or its subsidiary Metachem Resins Corporation have operated at the location since 1978.

Chemical manufacturing operations are regulated to avoid excess emissions of hazardous air pollutants, which are a class of pollutants that are known or suspected to cause cancer or other serious health effects. These health effects can include damage to the immune system, as well as neurological, reproductive, developmental, respiratory and other health problems.

 

The enforcement action grew out of a joint EPA and RIDEM inspection and a thorough review of facility records. In February 2014, EPA notified Mereco of EPA’s allegations of potential violations. Since being notified, Mereco has worked cooperatively with EPA to address the alleged violations and reach a settlement.

DBI Beverage Inc. Fails to Monitor Fleet, Violates Air Regulations

The Air Resources Board has fined DBI Beverage, Inc., $116,400 for failure to comply with California air quality regulations.

A routine investigation by ARB’s Enforcement Division documented that DBI Beverage, Inc., failed to properly self-inspect its diesel trucks in 2011 and 2012 as required by ARB’s Periodic Smoke Inspection Program to insure they met state smoke emission standards.

In addition, the company failed to properly affix Emission Control Labels on the engines of their fleet vehicles, and to report all required information for all vehicles in the fleet as required by the Statewide Truck and Bus Regulation for fleets electing to utilize the “phase-in” option to clean up their vehicles.

“While DBI Beverage, Inc., did violate California’s air quality regulations, the company does not have a history of past violations, and its representatives were fully cooperative,” said ARB Enforcement Chief Jim Ryden. “It benefits all of us who live and work in California when air pollution rules are observed and enforced. DBI Beverage Inc. accepted responsibility for its actions and will be taking the necessary steps to ensure that its fleet complies with the state’s air quality regulations.”

The Tennessee-based company is a beverage distributor operating 185 heavy-duty diesel trucks, and is the corporate parent of companies operating eight distributorships in California.

DBI Beverage, Inc., paid $87,300.00 to the California Air Pollution Control Fund, which provides funding for projects and research to improve California’s air quality, and $29,100.00 to the Peralta Colleges Foundation to fund diesel education classes conducted by participating California community colleges under the California Council for Diesel Education and Technology Program.

Diesel exhaust contains a variety of harmful gases and more than 40 other known cancer-causing compounds. In 1998, California identified diesel particulate matter as a toxic air contaminant based on its potential to cause cancer, premature death, and other health problems.

Los Angeles County Department of Public Works Fined $256,000 for Violating Air Pollution Laws

A routine investigation by ARB’s Enforcement Division documented that LADPW failed to:

• Properly self-inspect its diesel trucks to insure they met state smoke emission standards
• Properly affix Emission Control Labels on the engines of their fleet vehicles
• Follow requirements of the Transit Fleet Vehicle and Public Agency and Utility Rules

“This significant fine reflects the serious nature of LADPW’s violations,” said ARB Enforcement Chief Jim Ryden. “We hold public agencies accountable for their mistakes the same as we do private businesses. We hope that this fine sends a message to public and private fleet managers that they must follow the law and maintain their vehicles and records properly.”

LADPW provides regional bus service for Los Angeles County residents and also operates a public works fleet to maintain roads and county infrastructure. Following ARB’s investigation, LADPW realized that the transit and public works fleet required more hands-on management and its staff have since worked with ARB to ensure that both fleets are in compliance.

As outlined in the settlement agreement, the LADPW paid $192,281.00 to the California Air Pollution Control Fund, which provides funding for projects and research to improve California’s air quality, and $64,094.00 to the Peralta Colleges Foundation to fund diesel education classes conducted by Los Angeles Trade Tech College under the California Council for Diesel Education and Technology (CCDET) Program.

As part of the settlement, LADPW must also comply with the following:

• Ensure that staff responsible for compliance with diesel truck maintenance attend CCDET diesel education courses;
• Instruct vehicle operators to comply with California idling regulations;
• Ensure that trucks have the most recent low-NOx software installed;
• Provide documentation to ARB that smoke opacity inspections are being conducted for the next three years; and
• Ensure that all 1974 and newer diesel-powered vehicles are up to federal emissions standards for the vehicle model year and are properly labeled with an Emission Control Label.

Diesel exhaust contains a variety of harmful gases and more than 40 other known cancer-causing compounds. In 1998, California identified diesel particulate matter as a toxic air contaminant based on its potential to cause cancer, premature death, and other health problems.

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Trivia Question of the Week

According to the World Health Organization, which nation has the worst air pollution?

a) Pakistan

b) India

c) China

d) United States