In order to preserve the effectiveness of these arrangements for providing accurate and timely emergency response information, DOT’s Pipeline and Hazardous Material Safety Administration is proposing to require that basic identifying information (offeror name or contract number) be included in shipping papers. This information will enable the service provider to identify the shipper on whose behalf it is accepting responsibility for providing emergency response information in the event of a hazardous materials incident.
Tough New Idling Regulations
Citing dangerous diesel exhaust from trucks and buses as a dire public health threat, New Jersey Department of Environmental Protection Commissioner (DEP) Lisa P. Jackson announced tougher regulations to curb vehicle idling and a statewide education campaign to raise New Jerseyans’ awareness that “idling stinks.”
“Unnecessary idling not only wastes fuel, but it also contributes to a number of health problems including asthma and heart disease," Commissioner Jackson said. "These rules will significantly reduce the amount of harmful soot in the air we breathe." The DEP’s newly revised idling regulations, which became effective July 2, eliminate most of the exemptions that allowed diesel vehicles to idle for longer than three minutes. The rules are expected to decrease diesel emissions by 100 tons per year.
Also, diesel vehicle drivers can no longer idle for 30 minutes at their place of business at the beginning of the day, nor can they idle for 15 minutes following a three-hour engine shutdown except in very cold temperatures. However, the new regulations provide some special exemptions for in-service emergency vehicles such as police, fire, and military vehicles.
Violators are subject to a penalty of $250 to $1,000 per day for each vehicle. After April 30, 2010, truck operators are prohibited from idling their vehicles overnight. New technologies such as truck-stop electrification and alternate power units provide heating, cooling, and other amenities without a running engine.
To educate all New Jersey drivers about the need to reduce vehicle idling, the DEP launched a statewide public education campaign in June. Featuring the theme “Idling Stinks,” the campaign includes billboards, newspaper inserts, and bus and rail advertisements, all of which inform and educate the public that curbing idling improves air quality, saves lives and conserves energy.
The DEP's revised anti-idling rules and public-education campaign are part of larger effort aimed at reducing the public's exposure to harmful diesel fumes. In September 2005, New Jersey became first in the nation to require emissions controls on all public and privately owned transit buses and garbage trucks. The landmark program funds the installation of air pollution controls on these vehicles with revenue generated from the state's Corporate Business Tax.
Diesel emissions are a likely carcinogen and include fine particles commonly called soot. Research has shown that fine particles are harmful because they bypass the body's natural defense mechanisms and penetrate deep into the lungs. These pollutants are linked to asthma, bronchitis, lung cancer, heart disease, and premature death.
To help further reduce diesel pollution, the DEP is partnering with the New Jersey Motor Truck Association to provide grants to truck owners to install technologies proven to reduce idling and save fuel. These technologies include alternate power units, bunk heaters, and tailpipe retrofits. Interested truck owners can contact the NJMTA at 732-254-5000 for more information on these grants.
EPA Fines Safeway $675,000 for Selling Unregistered Pesticides
EPA recently fined Safeway, Inc. $675,000 for allegedly selling unregistered household cleaning products at its Hawaii and California stores with labels claiming the products disinfect and remove mold and mildew, a violation of federal law.
Disinfectants and products that control mold are considered pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act. Both products make pesticidal claims which would require registration as pesticides with the EPA. Neither product was registered.
“Our pesticide registration rules require products claiming to disinfect, kill, or control germs and pests such as mold, be registered as a pesticide,” said Katherine Taylor, associate director of the EPA’s Communities and Ecosystems Division of EPA Southwest Regional Office “Proper registration of pesticides ensures that labels include use directions and safety precautions designed to limit risks to human health and the environment.”
In 2005, a Hawaii Department of Agriculture inspector found Safeway Heavy Duty Toilet Bowl Cleaner being sold at a Safeway store on Kauai, Hawaii, claiming it ‘disinfects.’ The EPA alleges that Safeway sold this product in its stores throughout Northern California and Hawaii.
In 2006, a California Department of Pesticide Regulations inspector found a second product, Safeway Liquid Cleanser with Bleach, being sold at a Vons store in Grover Beach, CA, claiming it ‘removes mold and mildew’. The Vons Companies, Inc. is a subsidiary of Safeway.
The Federal Insecticide, Fungicide, and Rodenticide Act regulates the sale, distribution, and use of pesticides within the United States. Before selling or distributing any pesticide in the United States, companies are required to register the pesticide with the EPA and ensure that the registered pesticide is properly labeled.
Companies must provide additional data before a legal claim can be made that a product protects public health. The label of all EPA registered products must bear the EPA registration number, along with directions for use and safety precautions.
Elk Grove Milling, Inc. Pays $12,500 to Settle Pesticide Violations
EPA reached a $12,500 settlement with Elk Grove Milling, Inc., a pesticide production facility, to resolve alleged production and distribution of an unregistered, mislabeled horse feed containing Rabon, an organophosphate used to control flies in horse feces.
The agency also alleged that the company sold Stable Mix Plus with Fly Control despite the fact that the pesticide was both unregistered and mislabeled.
Few animal feeds are also registered pesticides. Both the product’s contents and claims on its label are considered when determining the need for pesticide product registration. Federal law requires pesticide products to be registered. During registration, labeling language is reviewed by the EPA to ensure directions-for-use and safety concerns are adequately addressed.
Federal law further requires companies producing pesticides to report production and distribution annually. These requirements protect public health and the environment by ensuring safe and effective handling, application, and disposal of pesticides, and by preventing false, misleading, or unverifiable product claims.
Pesticide producing facilities are responsible for ensuring the products produced are registered. There are a number of free on-line databases where registration status of EPA registration numbers can be checked.
New Law Makes it Easier to Recycle Plastic Bags
Starting July 1, California consumers will find it easier than ever to do the right thing with all those plastic grocery bags. New legislation now requires that most grocers and pharmacies provide bins for the collection and recycling of plastic bags brought back by customers to generate greater markets for the use of recycled plastic bags as well as eliminate the havoc caused by plastic bag litter.
"Plastic grocery bags have long been a source of litter and debris that has plagued California," said Margo Reid Brown, chair for the California Integrated Waste Management Board (CIWMB). "The California Integrated Waste Management Board applauds the efforts of industry and retailers to promote the recycling of plastic grocery bags and promote increase usage of reusable bags."
The new California law, AB 2449, sponsored by Assemblyman Lloyd Levine (D–Van Nuys) requires certain grocery stores and retail pharmacies with more than 10,000 square feet of retail space to provide at-store recycling programs for plastic carryout bags. In addition, the Plastic Bag Recycling Act of 2006 requires that certain grocers and pharmacies provide bins for the collection of plastic bags brought back by customers for recycling. Grocery stores and retail pharmacies are responsible for the collection, transportation, and recycling of plastic carryout bags returned to their stores.
Levine said, "Despite the huge advances that we have made in keeping recyclables from our landfills, California still lacks the infrastructure necessary to collect and recycle the 19 billion plastic bags it uses. Right now our plastic bags end up in landfills or destroying the ecosystem of our oceans. With AB 2449 in place, it will make it easier for the consumer to help create a recycling market in California. However, this program only works if everyone helps to educate the public that their bags need to return to the stores."
The effort is being hailed by plastic bag manufacturers, who say the recycling effort is reducing a glut of bags and providing a reservoir of plastic to remanufacture into other products. For example, recycled bags are melded with wood shavings to make weather-resistant lumber products.
"The bag manufacturing industry is partnering with the retail community to develop practical solutions for recycling in California communities and around the nation," said Isaac Bazbaz, chairman of the Progressive Bag Alliance. "California has set the stage with landmark legislation that we believe could be an example for voluntary programs in other states and the public will have a golden opportunity to make this plastic bag recycling program the standard for the nation."
Consumers in California use an estimated 19 billion plastic retail carryout bags annually. However, these bags now constitute an environmental waste challenge of ever-expanding proportions. Every year, 294 million pounds of plastic bags are disposed of —enough bags to encircle the Earth 250 times. Cutting this waste in half would reduce oil consumption by more than 2,000 barrels a day and keep out 73,000 tons of rubbish out of landfills.
While many grocers and retailers have already begun voluntary programs and have provided reusable bags, this new requirement will ensure consumers have an easy and convenient way to do the right thing with their plastic bags and provide them reusable bags to purchase within the store, a preferred choice of the Integrated Waste Management Board's mission in reducing waste by reusing where possible.
The California Integrated Waste Management Board is the state's leading authority on recycling and waste reduction. It promotes reducing waste whenever possible, managing all materials to their highest and best use and protecting public health and safety and the environment.
EPA's New “Go Green!” Newsletter Helps Consumers Make a Difference
America is shifting to a "green culture" in which its citizens are embracing the fact that environmental responsibility is everyone's responsibility. EPA is launching this monthly, email newsletter to provide "what you can do" information on activities and events that everyone can use to make a difference just about anywhere – in homes, workplaces, schools, and communities.
The newsletter will include information on such issues as how to calculate individual energy use, upcoming environmental activities and observances, and recent news reports from EPA.
Coal Fired Power Plant to Pay $750 Million Fine and Agrees to Spend another $650 Million
East Kentucky Power Cooperative, a coal-fired electric utility based in Winchester, Ky., will spend approximately $650 million on pollution controls and pay a $750,000 penalty to resolve violations of the Clean Air Act at its three plants, the Department of Justice and the EPA announced last week.
. Since 1999, the EPA and DOJ have reached settlements with 12 coal-fired power plants. The combined effect of these settlements will reduce emissions of air pollutants that cause smog, acid rain and haze by more than one million tons each year.
“This agreement will reduce harmful air pollutants by more than 60,000 tons per year,” said Granta Nakayama, EPA assistant administrator for the Office of Enforcement and Compliance Assurance. “Sulfur dioxide and nitrogen oxides can cause serious respiratory problems and exacerbate asthma conditions. This settlement will improve air quality and protect public health for the residents of eastern Kentucky and surrounding areas.”
The utility will install state-of-the-art pollution control equipment to reduce emissions of pollutants by more than 60,000 tons per year. These actions will reduce annual emissions of smog-forming nitrogen oxides by approximately 8,000 tons and sulfur dioxide by more than 54,000 tons per year from its Spurlock, Dale, and Cooper plants when the controls are fully implemented. By installing these pollution control measures, the plants will emit 50% less nitrogen oxides and 75% less sulfur dioxide as compared to 2005 operations. In addition, the utility will construct and demonstrate new technology to significantly reduce sulfuric acid mist emissions, a known public health threat.
“The emissions reductions from this settlement are substantial, and we are pleased that East Kentucky finally agreed to resolve this litigation on acceptable terms and bring its facilities into compliance with important provisions of the Clean Air Act.” As part of the settlement, the utility will also improve its control of particulate matter from each of the three plants.
“One of the most important things in our nation is having a healthy environment in which our children can grow,” Amul R. Thapar, U.S. attorney for the Eastern District of Kentucky said. “Companies must be held responsible for the well-being of the whole community they serve, including the health of the citizens and the environment.”
In 2004, the EPA and DOJ filed a lawsuit against the utility for illegally modifying and increasing air pollution at two of its coal-fired power plants. Specifically, the government cited the utility for constructing modifications at its plants without first obtaining necessary pre-construction permits and installing required pollution control equipment. Without the required permits or pollution control equipment, the modifications allowed the facilities to increase their electricity and steam production rates and therefore emit more pollutants.
Coal-fired power plants contribute some of the most severe environmental problems facing the nation today. Coal-fired plants release sulfur dioxides and nitrogen oxides, which cause severe respiratory problems, contribute to childhood asthma, and contribute to acid rain, smog, and haze. Emissions from power plants can drift significant distances downwind and degrade air quality in nearby areas.
This proposed agreement, lodged in the U.S. District Court for the Eastern District of Kentucky, is subject to a 30-day public comment period and final court approval.
Box and Crating Company Assessed $6,750 In Penalties for Hazardous Waste and Industrial Wastewater Violations
Atlas Box and Crating Company, Inc., which operates a custom box manufacturing operation in Sutton, Mass., has been assessed a $6,750 penalty by the Massachusetts Department of Environmental Protection (MassDEP) for violating Hazardous Waste Management and Industrial Wastewater regulations.
During inspections conducted by MassDEP personnel in March 2006, the company was found to be discharging industrial wastewater to the ground without the proper permit and operating a wastewater treatment system without having a licensed wastewater treatment operator. In addition, the company was generating waste oil in excess of its registered status and failed to properly label its waste oil containers.
In a recently finalized consent order, the company will comply with all applicable regulations, pay a $1,716 penalty, and complete a supplemental environmental project (SEP) valued at $5,034. The SEP requires the company to purchase various pieces of equipment for the Sutton Fire Department.
"Companies are responsible for the proper disposal of their industrial wastewater, and industrial wastewater pretreatment must be done under the control of a licensed operator," said Martin Suuberg, director of MassDEP's Central Regional Office in Worcester. "I am pleased that Atlas Box and Crating has not only corrected its compliance issues, but also agreed to provide the Sutton Fire Department with needed equipment."
$75,000 Penalty for Improper Disposal of Railroad Ties
The Massachusetts Department of Environmental Protection (MassDEP) has fined Boston & Maine Corporation (B&M), one of the entities that operate under the name of Pan Am Railways, Inc., $74,746.50 for violations of state solid waste management regulations. The violations have occurred along several sections of railroad track in Massachusetts.
The primary portion of the penalty assessed ($59,746.50) was levied to address the continued disposal practices of railroad ties by B&M in various communities. Fire officials in Deerfield informed MassDEP that brush fire incidents along the rail tracks had spread to piles of abandoned railroad ties. The ties increased the difficulty of extinguishing the fires, contributed to conditions of air pollution, and exposed first responders to increased health and safety risks from chemicals used to treat the ties.
Similar piles of abandoned railroad ties have been identified in Charlemont on the upper banks of the Deerfield River. MassDEP also confirmed the presence of thousands of railroad ties discarded along 7.5 miles of railroad tracks in the watershed of the Wachusett Reservoir.
"We have received numerous complaints from various communities regarding B&M's disposal practices," said Michael Gorski, director of MassDEP's Western Regional Office in Springfield. "We have attempted to address this issue with the company, but so far, B&M has not been responsive to our request to adhere to the solid waste regulations, which are designed to protect public health and the environment."
The remaining portion of the penalty ($15,000) stems from continued noncompliance with a previously negotiated settlement with B&M. The previous settlement, executed in 2002, addressed a former railroad tie dumping ground in Northfield. This dumping ground has since been cleaned up, however, a portion of the agreement covering this project required B&M to put in place a comprehensive environmental management system (EMS) to help ensure all of its operations in the commonwealth were environmentally protective and complied with applicable regulations. To date, B&M has not completed their EMS obligations.
Transporter Fined for Hazardous Waste Violations
Uni-Trans Transportation, LLC, owner of a trucking operation in Uxbridge, Mass., has been assessed a $24,130 penalty by the Massachusetts Department of Environmental Protection (MassDEP) for Hazardous Waste Management and Industrial Waste Water violations that occurred at its 177 River Road location. The company has since relocated to 183 River Road.
During an inspection in May 2005, inspectors from MassDEP's Environmental Strike Force determined the company failed to register as a small quantity generator of waste oil; provided waste oil to an unlicensed, unregistered party; failed to properly mark and label its waste oil containers; failed to maintain hazardous waste storage containers in good condition; failed to label its hazardous waste accumulation areas; and failed to comply with numerous other Hazardous Waste Management regulations.
In addition, the company was cited for discharging industrial wastewater to the ground surface without a groundwater discharge permit.
"Companies must recognize their regulatory responsibilities to properly manage the hazardous wastes that they generate at their facilities," said Martin Suuberg, director of MassDEP's Central Regional Office in Worcester. "MassDEP has very specific requirements and standards to ensure that waste oil and other hazardous materials are handled, stored, managed, and disposed of properly and safely."
New Energy-Saving Regulations for Electronics Will Help Save Money and Energy
Californians will save money and electricity beginning July 1 when new regulations make consumer electronics, such as laptops and cell phones, more energy efficient. The regulations, approved by the California Energy Commission in December 2004, will limit the amount of electricity used while electronic devices are on "standby power," and are a significant step toward meeting the state's 20% renewable energy goal by 2010.
"California's standard for external power supplies is now the gold standard," said California Energy Commissioner Arthur Rosenfeld. "This kind of approach to conservation continues to make California the leader in energy efficiency. And, slaying 'energy vampires' at home is a very good start to reduce greenhouse gases and our collective carbon footprint."
The conservation standards, known as Title 20, target "standby power" and reduce the ever-increasing consumption of residential electricity. Standby power is defined as the power consumed by an appliance during the lowest possible electricity consuming mode. The new regulations mandate that external power supplies sold in California must draw only 1/2-watt of energy. Previously, such power supplies could produce as much as five watts of energy.
External power supplies are used to power laptop computers, cellular telephones, printers, scanners, personal digital assistants, and digital cameras. The average California household has 10 or more external power supplies adding 10-15% to monthly electric bills. This, coupled with other standby losses (e.g., televisions, garage door openers), may cost consumers as much as $75 annually in wasted electricity.
Maryland Issues Nine Waste Management Enforcement Actions
The Maryland Department of the Environment’s (MDE) Waste Management Administration issued the following enforcement actions between June 15 and June 30, 2007 with penalties more than $5,000:
Maurice S. and Georgan Kline, Baltimore City – 7 affected properties: On June 15, MDE signed a Settlement Agreement and Consent Order with Maurice S. and Georgan Kline that contained a penalty of $14,000 for violation of Maryland’s Lead Laws by failing to bring the affected properties into compliance with risk reduction standards. The first installment of $7,000 has been paid.
Ruth Mayo, Baltimore City – 12 affected properties: On June 20, MDE signed a modification to a Settlement Agreement and Consent Order with Ruth Mayo that increased the penalty amount from $6,000 to $7,500 and extended the deadline for the completion of required lead abatement work at the affected properties until December 31, 2007. The penalty has been paid.
George and Misty Minnick, Washington County – 1 affected property: On June 21, MDE issued an Administrative Complaint, Order, and Penalty equaling $17,000 to George and Misty Minnick for violation of Maryland’s Lead Laws by failing to register a property, and failure to bring the affected property into compliance with risk reduction standards.
Charles L. Wardell, Baltimore City – 3 affected properties: On June 21, MDE issued an Administrative Complaint, Order and Penalty equaling $11,000 to Charles L. Wardell for violating Maryland’s Lead Laws by failing to register properties, and failure bring the affected properties into compliance with risk reduction standards.
Paul J. and Rebecca A. Placek, Queen Anne’s County – 2 affected properties: On June 21, MDE issued an Administrative Complaint, Order and Penalty equaling $16,500 to Paul J. and Rebecca A. Placek for violating Maryland’s Lead Laws by failing register their properties, and failure to bring the affected property into compliance with risk reduction standards.
Mark E. and Margaret A. Callahan, Queen Anne’s County – 10 affected properties: On June 21, MDE signed a Settlement Agreement and Consent Order with Mark E. and Margaret A. Callahan that contained a penalty of $6,000 for prior violation of Maryland’s Lead Laws that have been rectified. The penalty has been paid.
Gasmart of Frederick, Frederick County – On June 19, MDE issued an Complaint, Order and Administrative Penalty equaling $9,200 to Gasmart of Frederick for violations of Maryland’s oil pollution laws by failing to document release detection, and failure to obtain financial pollution insurance.
Arrowhead Inc., Garrett County – On June 19, MDE issued a Complaint, Order and Administrative Penalty equaling $13,000 to Arrowhead Inc. for violations of Maryland’s oil pollution laws by failing to comply with several underground storage tank requirements.
Petroleum Equipment, Inc., Kent County – On June 19, MDE issued a Complaint, Order and Administrative Penalty equaling $29,700 to Petroleum Equipment, Inc. for violations of Maryland’s oil pollution laws by failing to comply with numerous underground storage tank requirements.
China Closes Ozone Depleting Chemical Plants
China, the world's largest producer of chlorofluorocarbons (CFC) and halon, has shut down five of its six remaining plants, putting the country two and a half years ahead of the Montreal Protocol's 2010 deadline for phase-out of the two ozone depleting chemicals.
The facilities were closed during a symbolic ceremony organized by Chinese authorities in recognition of chemical companies' efforts to stop manufacturing products that harm the ozone layer and as part of the global 'Remembering Our Future' initiative sponsored by the United Nations Environment Programme (UNEP).
Such chemicals contribute to weaken the ozone layer allowing for dangerous ultraviolet radiation producing skin cancer, eye cataracts, and suppression of human immune system. Without the Montreal Protocol, levels of ozone depleting substances in the atmosphere would have increased tenfold by 2050, which could have led to up to 20 million more cases of skin cancer and 130 million more cases of eye cataracts relative to 1980.
The shut down of the five facilities, in Chiangshou City, near Shanghai, will bring China's production of CFCs to just about 550 metric tons, down from 55,000 metric tons at its peak in 1998. The remaining production is being kept strictly to produce CFCs for metered-dose inhalers, used in the treatment of asthma and chronic obstructive pulmonary disease. The phase-out of the majority of CFC production marks the second major class of ozone depleting chemicals that China has ceased to produce. China has also recently ended the production of halon for emissive use, in other words, any use that will have the chemical eventually end up in the atmosphere.
China became the largest producer of ozone depleting chemicals following the shut down of plants producing these chemicals in developed countries in 1996. The closure of the Chinese plants now puts India and South Korea as leading producers of the two ozone depleting chemicals in Asia Pacific, with a remaining combined production level of about 15,000 m/tons.
Achim Steiner, UN under secretary-general and executive director of the United Nations Environment Programme (UNEP), said: "On the 20th Anniversary of the Montreal Protocol, with more than 95% of the ozone depleting substances being phased out, the Protocol is among the great success stories of recent years. This success underlines how, with political will, creative financing mechanisms, and the support for industry and NGOs, the international community can rise to the challenge of sustainable development."
"New research findings in 2007 also confirm that the phase outs are having other positive impacts, including on climate change. Scientists calculate that, over the period 1990 to 2010, the level of reductions will also equate in climate terms to the equivalent of eight Gigatonnes of carbon dioxide a year. This is one example of a virtuous circle, and I am convinced there are many others linked not only with ozone, but across a wide array of environmental treaties and agreements," Steiner said.
Katherine Sierra, vice president for sustainable development at the World Bank, said: "The closure of CFC production facilities in China is marking a significant milestone not only for the Montreal Protocol, but also for the cooperation between the Government of China and the industry in their efforts to restore the ozone layer. A depleted ozone layer would have both adverse health and economic impacts to all nations. Action taken by China today contributes significantly to the global efforts in averting the global catastrophe on human health and ecosystem." Added Sierra: "The Multilateral Fund has enabled China to contribute to the global efforts in protecting the ozone layer on an equal footing with all other nations without compromising its goal on sustainable development."
Chlorofluorocarbons are used in refrigerators and air conditioners, while halons are found in fire extinguishers. Thirty-one CFC/halon-producing factories have already been shut down earlier by Chinese authorities with support from the World Bank and the Montreal Protocol's Multilateral Fund. Closures were made possible because China has, over the years, developed ozone-friendly alternatives and adopted alternative technologies.
"The closure of these plants demonstrates China's continued commitment to meet its obligations under this treaty to phase out these chemicals. With the closing of these facilities, industry and consumers both here and in Asia Pacific must realize that there will soon be significant reductions in ozone depleting chemicals and that we should be prepared for the changes that are to come," said Zhang Lijun, vice minister, State Environmental Protection Administration (SEPA).
Under the Montreal Protocol, which went into force in 1987, ozone depleting chemicals are being successfully phased out worldwide with assistance from the Montreal Protocol's Multilateral Fund. Ozone chemicals like CFCs and halon have been phased out in developed countries by 1996 except for small essential uses. By 2010, production of ozone depleting substances will be banned in developing countries, including countries in Asia and the Pacific, a region that accounts for 70% of global consumption of CFC. To date, the Multilateral Fund has already financed activities to phase out of CFC consumption in more than 140 developing nations.
Trivia Question of the Week
The DOT is changing the definition of flammable liquids to be consistent with the international definition. Under the new definition, class 3 flammable liquids have a flash point of less than:
a. 100 F
b. 100 C
c. 140 F
d. 141 C
