DOT Releases 2005 Hazmat Incident Reports

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When are Hazardous Materials most hazardous? When they're released! The scene of an incident can be chaotic, so the right actions may not always be obvious. Whom should I inform if I'm involved in an incident where a release or a suspected release of a hazardous material has taken place in transportation? The regulations in 49 CFR 171.15 and 171.16 govern such situations. Two phases of incident reporting are required in the regulations. 49 CFR 171.15 covers immediate telephonic notification following an incident and 171.16 outlines written reporting procedures; both sections are available here to view or print. Also available are the Incident Report Form 5800.1, a guidance document for preparing incident reports, the 2004 Emergency Response Guidebook, and tabular summaries of hazardous materials incidents by mode, year, state, hazard class, etc.

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Watershed Handbook Released

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EPA's Office of Water has published a guide to watershed management as a tool in developing and implementing watershed plans. "This handbook will help anyone undertaking a watershed planning effort, but it should be particularly useful to persons working with impaired or threatened waters," said EPA Assistant Administrator for Water Benjamin H. Grumbles.The 414-page handbook is designed to take the user through each step of the watershed

• áááááááá planning process
• áááááááá watershed monitoring and assessment
• áááááááá community outreach
• áááááááá selection and application of available models
• áááááááá best management practices
• áááááááá effectiveness data bases
• áááááááá implementation
• áááááááá feedback
• áááááááá plan adjustment

The handbook is intended to supplement existing watershed planning guides that have been developed by agencies, universities, and other nonprofit organizations. This handbook is more specific than other guides about quantifying existing pollutant loads, developing estimates of the load reductions required to meet water-quality standards, developing effective management measures, and tracking progress once the plan is implemented.EPA is making this draft document widely available with the purpose of having it used and tested by a variety of watershed partnerships, whose advice will be considered in developing the final version. Comments should be addressed to watershedhandbook@epa.gov no later than June 30, 2006.

 

EPA Cites Dana Container for Hazardous Waste Violations

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EPA Region 5 has filed an administrative complaint against Dana Container Inc., Detroit, Mich., for alleged violations of federal hazardous waste regulations. A $381,730 penalty is proposed.Dana, with truck container and tank cleaning facilities located at 11430 Russell St. and 1551 Caniff St., was cited for violating the federal Resource Conservation and Recovery Act requirements for managing hazardous waste.At the 11430 Russell St. facility Dana failed to: make a hazardous waste determination, keep containers closed, provide and document annual hazardous waste training, institute portions of a contingency plan, install a device to summon emergency assistance from local authorities and obtain a license.At the 1551 Caniff St. facility the company failed to: conduct weekly inspections, meet design requirements, provide and document annual hazardous waste training, provide safety equipment and adequate aisle space for its use, maintain a contingency plan, mark a container storing used oil and obtain a license.
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Milwaukee to Pay $60,000 for UST Violations

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EPA Region 5 has reached an agreement with the city of Milwaukee on alleged violations of federal underground storage tank regulations. EPA alleges the city failed to install and monitor overfill prevention systems on underground storage tanks at 13 police, fire and garage facilities it owns and operates. It is now in compliance.Under the terms of the settlement, the City will perform a supplemental environmental project, or SEP, costing at least $51,855, and pay a penalty of $9,000. The SEP will be an environmental assessment of three tax- delinquent facilities in the city that are suspected of having petroleum contamination from leaking underground storage tanks. The properties are located at 4907 W. Fond du Lac Ave., 3105 N. Richards St., and 603 E. Locust St. The ultimate goal of this project is to clean up and redevelop the three properties. A SEP is an environmentally beneficial project that protects and enhances public health and the environment.
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Stone Quarries Ordered to Correct Air Violations, Pay $136,000 Civil Penalty

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The owner and operator of three Bucks County quarries was ordered to submit corrective action plans and pay $136,300 in civil penalties for air violations at its Chalfont, Rush Valley and Warrington quarries in Wrightstown and Warrington townships, Bucks County, Pennsylvania.
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In addition to the order and penalty assessment, the Department of Environmental Protection placed Eureka Stone Quarry Inc. on the compliance docket for its unwillingness to comply with environmental regulations.
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"Eureka left us no choice but to take this serious action, which will prevent the company from obtaining any air quality permits or approvals until they achieve full compliance," DEP Southeast Regional Director Joseph A. Feola said.
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Following a June 2004 assessment and penalty to Eureka of more than $41,000 for off-site dust violations at its Rush Valley and Chalfont quarries, DEP documented numerous dust and record-keeping violations at all three quarry locations. These ongoing violations have resulted in a total of 11 violation notices sent to Eureka since October 2004.
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Although the company added water sprays to their dust suppression systems when first advised of the violations, this did not achieve or meet compliance. Since that time, Eureka has ignored requests for additional corrective measures to address the ongoing dust problems.
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Rush Valley Quarry, 911 Swamp Rd. in Wrightstown, operates a stone-crushing plant and three asphalt plants. Chalfont Quarry, at the intersection of Lower State and Pickertown roads in Warrington, operates a stone-crushing plant along with one-batch asphalt plant. Warrington Quarry, at Route 611 and Bristol Pike in Warrington, operates a stone-crushing plant.
All three facilities are owned by Eureka Stone Quarry Inc. of Chalfont and hold DEP air quality operating permits in addition to their mining permits.
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In addition to paying the $136,300 penalty within 15 days, terms of the order issued require Eureka to submit a corrective action plan by Feb. 1 outlining how it will bring the three quarries into full compliance. The company also must submit an operation and maintenance plan by March 1 outlining how compliance at these facilities will be maintained.
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Eureka will be placed on DEP's compliance docket for exhibiting an unwillingness to comply with agency regulations. While a company is on the compliance docket, no air quality approvals or permits can be issued by DEP to company for any of its operations anywhere in the Commonwealth.
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Indiana Extends First Comment Period on Outdoor Wood Boiler Rules

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 The deadline for written public comment is March 3, 2006. The potential rule will not regulate wood-burning fireplaces, indoor stoves or pellet stoves.The EPA already regulates indoor stoves to control air emissions. No regulation currently exists for emissions from outdoor wood boilers. Complaints from citizens and a growing number of outdoor wood boilers sold in Indiana have prompted IDEM to explore the need for State regulations.The extension of the comment deadline is due to high interest and misunderstanding of the topic. The end of this comment period is not the final chance for citizens to weigh-in on the issue.Anyone who comments on the proposed rule will be placed on an "interested parties" list and will be notified about updates and upcoming comment periods. After the end of this comment period, there will be at least one more written comment period and two public hearings. The Air Pollution Control Board may vote on the proposed rule approximately twelve months from now.Options for outdoor wood boilers include no new restrictions, establishing minimum distance from residences or property lines, minimum smokestack height, restricting moisture content of the fuel used or restricting sales of new units.Outdoor wood boilers are free-standing, shed-sized units that provide heat and hot water to one or more structures. Typically the boilers burn wood to heat a reservoir of water, which underground pipes carry to water heater and furnace units inside the structure.The boilers slow wood combustion by burning it at low temperatures, which results in less overall efficiency and increased smoke, fine particulate matter (PM2.5) and volatile organic compounds. The U.S. EPA found that outdoor wood boilers average 50% efficiency compared to the 80% average of other modern furnaces.The public has until March 3, 2006 to mail, fax or hand deliver comments to Sean Gorman, IDEM Office of Air Quality, 100 North Senate Avenue, MC 61-50sg IGCN 1003, Indianapolis, IN 46204-2251; Fax: (317) 233-2342
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New Year's Resolution: Practice Fire Escape Plans at Home

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Nationwide, every year, nearly 40,000 children ages 14 and under are injured in residential fires, and more than 500 die. Approximately four out of five fire-related deaths and injuries occur in the home, yet only one family out of four has developed and practiced a fire escape plan. Safe Kids Kansas urges parents and caregivers to make a household New Year's resolution to hold fire drills at home until everyone knows how to get out safely in an emergency.
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"Fire is especially dangerous to young children - ages 5 and under. They don't recognize the danger and don't know how to react," says Jan Stegelman, Safe Kids Kansas coordinator. "Every year, dozens of children die while trying to escape from fires."
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"Plan and practice several different escape routes from each room, and identify a safe place to meet outside," says Stegelman. "Teach children never to go back into a burning building, and to call the fire department from a neighbor's home or a cell phone outside the home."
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Most fire-related fatalities are caused by smoke inhalation. "A working smoke alarm cuts your chances of dying in a fire by about 50 percent," says Stegelman. Install a smoke alarm on every level of your home and outside every sleeping area - and test them every month and change the batteries twice a year. (Smoke alarms are also available with 10-year lithium batteries.)
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"Make sure everyone knows what to do when the smoke alarm goes off," says Stegelman. "Never assume it's not a real fire." Teach kids to:

• áááááááá yell "fire" and get out immediately, not stopping to collect any belongings.
• áááááááá not open a closed door until they have made sure it is not hot to the touch and there is no smoke coming from behind it.
• áááááááá meet at a planned location outside.
• áááááááá "stop, drop and roll" if their clothing catches on fire.

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In 2003, U.S. fire departments responded to an estimated 402,000 residential fires, or one every 79 seconds. Home fires are most often caused by cooking equipment; however, more children die in fires caused by tobacco products or by children playing with matches or lighters.
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EPA Fines Tri Marine International $5,000 for Ocean Dumping Violations in American Samoa

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The EPA has recently fined Tri Marine International $5,000 for the improper disposal of a tuna skiff offshore of Pago Pago Harbor in American Samoa.The Marine Protection, Research and Sanctuaries Act and the EPA's ocean dumping rules authorize the transportation and ocean disposal of vessels with a proper permit and notification. In May 2003, the company scuttled the tuna skiff without a permit and failed to provide the required notifications."The ocean disposal regulations ensure a vessel is properly disposed of to protect the marine environment," said Alexis Strauss, director for the EPA's Water Division for the Pacific Southwest region. "Vessel owners need to understand a permit is needed and proper notifications completed before any ocean disposal can take place."The company failed to provide disposal information within the required time periods under the regulations. Tri Marine was required to submit information regarding the disposal to the EPA within 30 days and notify both the EPA and the U.S. Coast Guard within 10 days that the vessel has been cleaned and was ready for inspection.The regulations require a vessel to be disposed of farther than 12 nautical miles from land, but the tuna skiff was disposed of less than two nautical miles offshore of Pago Pago Harbor. Tri Marine has 30 days to pay the fine to the EPA.Tri Marine also failed to:

• ááááá provide disposal information within 48 hours to the EPA and the Coast Guard before the disposal took place;
• ááááá issue a vessel departure notice within 12 hours before the vessel was scheduled to leave the harbor;
• ááááá provide disposal data within one week of the disposal to NOAA with written notification of the exact coordinates of the disposal site.

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Portland ME College to Pay $60,000 for Violating Hazardous Waste Laws

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The Maine College of Art in Portland has agreed to pay $60,000 to settle claims that it violated numerous Maine hazardous waste regulations that can be enforced by EPA.According to the settlement, filed Dec. 16 by EPA's New England office, Maine College of Art failed to properly determine if wastes were hazardous, which lead to the improper handling of hazardous waste and put the school's staff and students at risk. "This settlement will help ensure that Maine College of Art complies with environmental laws meant to protect staff and students," said Robert W. Varney, regional administrator of EPA's New England office. "The violations found at the school may have unnecessarily exposed the campus population to hazardous waste, and allowed wastes to be improperly disposed of as non-regulated solid waste." EPA's complaint against the college, filed last June, alleged that waste glaze, floor sweepings, acid pickling solution and other wastes were improperly handled and disposed of, and that cans of old waste paint, paint thinners and other solvents were managed improperly. Also, the college, which has 400 students, improperly stored and labeled fluorescent bulbs and computer monitors.The Maine College of Art is now in compliance with hazardous waste regulations and has corrected all violations. In addition, the college has complied with Maine hazardous waste regulations related to "universal wastes," which includes the proper disposal of fluorescent bulbs and computer monitors. The school has submitted documents showing it is in compliance.The complaint stemmed from an inspection of the college in April 2004. . Launched in 1999, the initiative included inspections, extensive compliance assistance, including workshops geared for university environmental compliance personnel.
At a roundtable in 2003 at Yale University, EPA provided universities with information on an Audit Initiative, which allowed universities to self-disclose any violations and therefore get penalty reductions or low inspection priority. More than half of the 331 colleges and universities in New England participated in the initiative and more than a hundred self-disclosed violations were received from participating colleges and universities. Maine College of Art, however, chose not to participate in the initiative although it was invited to take part.
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The College and University Initiative was launched after EPA inspectors noticed generally poor compliance during their visits to universities, which typically have large numbers of laboratories and other operations handling a large array of toxic chemicals.

 

Lobster Co. May Pay Up to $255,000 for Violations

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EPA has proposed a fine of up to $255,000 against Little Bay Lobster Company for violations of the federal Clean Water Act and community right-to-know laws at the company's Piscataqua River facility.According to EPA's New England office, over the last five years the Little Bay Lobster Co. violated the terms of its permits to discharge wastewater and stormwater under the Clean Water Act, and also failed to file chemical inventory reports required under the federal Emergency Planning and Community Right to Know Act.The Little Bay Lobster Co. operates a lobster pound, a bait fish operation and maintains a fleet of fishing boats in Newington.EPA charged that the company:

• áááááááá failed to monitor one of its active outfall discharges for flow, solids, dissolved oxygen, oil and grease, and pH as required by its National Pollutant Discharge Elimination System permit during 11 quarterly monitoring periods
• áááááááá failed to take samples using EPA-approved methods in the instances it did monitor discharges from its outfalls
• áááááááá discharged pollutants such as ammonia and tributyltin without any permit authorization; failed to use best management practices as required by its Stormwater Pollution Prevention Plan in violation of its stormwater permit
• áááááááá failed to do routine inspections of the facility as required by its stormwater permit

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"These Clean Water Act violations prevented both regulators and the company from knowing the quantity of pollutants being discharged into the Piscataqua River," noted Robert W. Varney, regional administrator of EPA's New England office. "Furthermore, the unauthorized discharges of ammonia and tributyltin may well have harmed the river's ecosystem."In addition to the Clean Water violations, the lobster facility, which stores over 500 lbs. of ammonia on site, violated the federal Emergency Planning and Community Right to Know Act (EPCRA) by failing to file an emergency and hazardous chemical inventory form with the local and state emergency planning authorities."These right-to-know violations are significant," Varney remarked. "Federal, state and local authorities need the information on chemical reporting forms so they can properly prepare for accidents or a chemical release, and be able to quickly take action to protect public health and the environment.

 

EPA Seeks Nominations for Annual Environmental Merit Awards

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Notable environmental achievements in New England during the past year are eligible for recognition by EPA's New England Office. EPA is now accepting nominations for the 2006 Environmental Merit Awards, which seek to recognize environmental achievements during the past year. Award categories are available for individuals, businesses, state and local governments, and other organizations. Awards are also given under a lifetime achievement category."People throughout New England apply themselves to finding solutions to environmental challenges, often without recognition," said Robert W. Varney, regional administrator of EPA's New England office. "EPA New England's annual Environmental Merit Awards let us honor people who deserve to be recognized."The awards have been given out annually since EPA was created in 1970. Past recipients have included scientists, community activists, business representatives, public officials and other individuals committed to preserving the environment. The deadline for nominations is Feb. 3, 2006. Nominations can be submitted by anybody, and individuals or organizations are allowed to submit self-nominations.An independent EPA panel will select the winners based on the following criteria: long-term effects on the environment; ability to address an environmental problem or need; collaboration with others; ability of the program or accomplishments to be widely shared; clarity and effectiveness of the presentation; and promotion of innovative ideas or techniques.The awards are given in four categories: individual; business, industry, trade, and professional organization; local, state or federal government; and environmental, community or non-profit organization. Awards winners will be invited to a ceremony this spring in Boston.

EPA Cites Du-Kane Asphalt for Opacity Violations

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EPA Region 5 cited Du-Kane Asphalt Co. for alleged clean-air violations at the company's bituminous asphalt manufacturing plant at 600 S. Lombard Road, Addison, Ill.EPA alleges that Du-Kane failed to maintain and operate its pollution control equipment as required by EPA regulations. This caused the plant to exceed its 20% limit for opacity. Opacity means the amount of light obscured by visible particles such as smoke, ash and dust, and the Du-Kane plant emissions were found to be blocking 75-85 percent of the light.An EPA inspector discovered the excessive emissions during a test on Oct. 27, 2005. The test was done in response to a citizen complaint regarding visible emissions from the facility."EPA's mission is to protect public health and the environment," said Regional Administrator Thomas V. Skinner. "We will take whatever steps are needed to ensure compliance with the Clean Air Act."These are preliminary findings of violations. To resolve them, EPA may issue a compliance order, assess an administrative penalty or bring suit against the company. Du-Kane has 30 days from receipt of the notice to meet with EPA to discuss resolving the allegations.
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Arkansas to Change Water Quality Management Plan

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The Arkansas Department of Environmental Quality (ADEQ) is proposing to revise the state Water Quality Management Plan (208 Plan) by adding three new wastewater dischargers to the plan, and increasing the design flow and changing the effluent limits for one current wastewater discharger. The ADEQ will accept written public comments on the proposals until February 1, 2006.
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If no comments justifying a public hearing on the proposals are received during the comment period, the proposed revisions will be added to the Arkansas 208 Plan after final approval by the ADEQ Director and the Region 6 office of the EPA. If significant comments are received on any proposed change, that particular proposal will be withdrawn from consideration and either revised and resubmitted for written public comments, or a public hearing on the proposal may be scheduled.
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The 208 Plan, developed by the ADEQ under provisions of Section 208 of the federal Clean Water Act, is a comprehensive program to work toward achieving federal water goals in Arkansas. The initial 208 Plan, adopted in 1979, provides for annual updates, but can be revised more often if necessary.
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Proposed additions to the 208 Plan, their locations and streams which receive their wastewater discharges, include: Arkansas Water and Wastewater Management Co., doing business as Huntington Estates Subdivision, Faulkner County, Kaney Creek; Arkansas Water and Wastewater Management Co., doing business as Shadow Ridge Wastewater Treatment Facility, Faulkner County, East Fork of Cadron Creek; and Wattensaw Development, Lonoke County, Wattensaw Bayou.
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The facility with a proposed new design flow and new effluent limits is the City of Rogers in Benton County, which discharges to Osage Creek.
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Detailed copies and summaries of the proposals are available for public inspection at the ADEQ's Building D, 8101 Interstate 30, Little Rock. Summaries and related information on the proposals are available for public inspection at ADEQ information depositories located in public libraries in Arkadelphia Batesville, Blytheville, Camden, Clinton, Crossett, El Dorado, Fayetteville, Forrest City, Fort Smith, Harrison, Helena, Hope, Hot Springs, Jonesboro, Little Rock, Magnolia, Mena, Monticello, Mountain Home, Pocahontas, Russellville, Searcy, Stuttgart, Texarkana, and West Memphis; in campus libraries at the University of Arkansas at Pine Bluff and the University of Central Arkansas at Conway; and in the Arkansas State Library located on the State Capitol grounds at Little Rock.
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Written comments on the proposed changes will be considered if received no later than 4:30 p.m. February 1, 2006. Comments should be sent to Doug Szenher, public and media affairs manager, Arkansas Department of Environmental Quality, P.O. Box 8913, Little Rock, AR 72219-8913.
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Washington Issues Revised Injection-Well Rule

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á Injection wells are dug or drilled to put water or other fluids into the ground. In Washington state, most of these wells dispose of stormwater runoff or waste water. Examples include dry wells along roads and parking lots and septic systems that serve 20 or more people per day.
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State law requires Ecology to regulate these wells to prevent pollution or contamination of ground water. This is an important safeguard because fluids going into an injection well can travel to ground water (water located under the ground surface), and the majority of Washington's water used for drinking comes from ground water sources. Contamination of ground water can result if an injection well is not properly located, constructed, operated, and maintained.
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"Although the injection well rules apply to a small part of the regulated community, they are important because they help prevent pollution of water that can affect people and aquatic resources," said Dave Peeler, Ecology's water quality manager. "Maintaining this program at Ecology also helps us stretch limited public dollars more efficiently by coordinating this rule with other Ecology programs that regulate water quality.
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Ecology is revising the injection well regulations to meet EPA requirements. The primary changes in the injection well rule include:

• áááááááá Adding federal program modifications, including definitions and well types.
• áááááááá Allowing fluids from municipal, commercial, industrial and residential sources and storm water into injection wells if the requirements of the rule are met.
• áááááááá Requiring owners of existing injection wells to review their current uses and determine if they protect groundwater quality. This includes identifying high-risk stormwater wells and retrofitting them if necessary.
• áááááááá Explaining the requirements for closing an injection well and list what types of wells will automatically meet the groundwater protection requirement of the rule.

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Illinois Proposes Aggressive Mercury Emission Controls for Illinois Power Plants

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Governor Rod R. Blagojevich unveiled a proposal that would cut mercury emissions from power plants by 90% by June 30, 2009.á The state standards will reduce toxic mercury emissions faster and more thoroughly than new federal restrictions adopted last spring and will achieve the largest overall amount of mercury reduction of any state in the country.á The rule will be submitted to the Illinois Pollution Control Board in February.
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"Mercury emissions hurt the environment and can cause serious physical harm to children.á The new federal mercury regulations don't go far enough in protecting the public from what we know are very dangerous emissions.á That's why we are proposing much stronger regulations here in Illinois to make sure people can safely enjoy our air and water, and the fish from our rivers and lakes," said Gov. Blagojevich.
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Mercury can cause serious health problems to the human nervous system - pregnant women, women of childbearing age and children younger than 15 years of age are especially at risk. Developing fetuses can be exposed to mercury when a mother eats tainted fish and can suffer mental retardation, cerebral palsy, lower IQs, slow motor functions, deafness, blindness and other health problems.á Recent studies indicate that as many as 10 percent of babies born each year in the United States are exposed to excessive mercury levels in the womb.
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In the U.S., an estimated 43 percent of mercury emissions come from power plants, making them the largest man-made source of mercury emissions.á The Illinois Environmental Protection Agency (IEPA) estimates that the state's coal-fired power plants emit 3.5 tons of mercury into the air every year.á Mercury becomes toxic when it enters lakes and streams from the atmosphere through rain and snow. People can become exposed to dangerous levels of mercury by eating fish from contaminated lakes and waterways.á
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The Illinois Fish Containment Monitoring Program issued "fish advisories" warning Illinois residents to limit the amount of fish they eat from Lake Michigan and all of Illinois' inland lakes and waterways.
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Mercury contamination is a nationwide problem. The EPA issued the Clean Air Mercury Rule on March 10, 2005, that required coal-fired power plants to reduce mercury emissions by 47 percent by 2010, and 79 percent by 2018.á The proposed Illinois rules are significantly stronger, requiring a 90 percent emissions reduction by June 30, 2009, and prohibiting power plants from purchasing allowances, or trading emissions credits with other companies or states - practices that can lead to toxic "hot-spots" in areas where individual plants are able to get around emissions standards.
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"The federal rules just don't go far enough.á Illinois' approach is more stringent and effective in that it will require greater reductions, quicker reductions, and guarantee that the emissions are drastically reduced in Illinois," said Doug Scott, Director of the IEPA.
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"Under the Environmental Article of the Illinois Constitution, all of us have the duty to provide for a healthful environment for this and future generations," said Lt. Gov. Pat Quinn.á "[This] proposed rule to cut mercury emissions from power plants will dramatically improve Illinois' environment for this and future generations."
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Recognizing the varying age and condition of existing coal-fired power plants that produce energy in Illinois, the proposal would require that power plant operators must reduce emissions by an average of 90 percent across their entire fleet of plants by June 30, 2009.á Each individual plant must achieve at least a 75 percent reduction by 2009, and 90 percent reduction by December 31, 2012.á Illinois' fleet of coal burning power plants is the largest in the nation to be subject to such dramatic emission limits.
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"If enacted, this proposal will not only protect the health of Illinois children, it will also set an example for America to follow in addressing a major public health problem," said Jack Darin, Director of the Sierra Club, Illinois Chapter.á "Mothers and women hoping to have children shouldn't have to worry that by eating fish and feeding it to their kids that they could be doing permanent damage to a child's brain.á We hope Illinois power plants will heed Gov. Blagojevich's call to clean up their act and protect our children's health.á The technology to protect our kids is available, affordable, and it's time we put it on these smokestacks."
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The new emission standards are expected to provide economic benefits across the state.á Construction jobs will be created as companies invest in pollution control equipment and installation for their coal-fired power plants. And as mercury levels drop, the state's fishing industry may also see a boost because the fish will be safer to eat.
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Illinois joins half-a-dozen other states that have, or are in the process of, developing emissions standards stricter than the federal guidelines: Connecticut, New Jersey, Massachusetts, Minnesota, North Carolina and Wisconsin.áá
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Gordon Food Services to Pay $49,000 Fine for Deficiencies in Risk Management Plan

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Gordon Food Services has agreed to pay a fine and correct deficiencies in its risk management plan as part of a settlement with Ohio EPA.
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The company owns and operates a refrigeration warehouse facility at 4980 Gateway Blvd., Springfield. As part of the refrigeration process, GFS uses anhydrous ammonia.
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Because of the amount of anhydrous ammonia on the premises, the company must file a risk management plan with Ohio EPA outlining a program to prevent accidental releases, which includes staff training and handling procedures for working with the chemical as well as describing a worst case scenario for an anhydrous ammonia release.
Deficiencies include failure to:

• áááááááá provide supporting hazard assessment documentation;
• áááááááá supply complete documentation regarding process safety; and
• áááááááá provide complete operating procedures.

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The worst case scenario in the plan is useful in case of emergency releases. Companies often coordinate plan development with local fire departments and other emergency responders.
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Of the $49,800 penalty, $9,960 will go to Ohio EPA's fund for the Clean Diesel School Bus Fund. The remaining $39,840 will go toward administering the risk management program.
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TCEQ Names New Director of Air Programs for Houston

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The Texas Commission on Environmental Quality (TCEQ) announced the appointment of Rebecca Rentz as the new director of Air Programs for the Houston region effective January 9, 2006. As the TCEQ's top administrator for air issues in the region, Rentz will develop and oversee strategic planning, coordinate the agency's efforts on enforcement, ambient air monitoring, and toxicological data evaluation. Other key responsibilities include providing outreach and technical assistance to the general public, to the regulated community, the media and to other government officials.
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"Rebecca's extensive experience in environmental law and her knowledge of the people and the issues in the Houston region, make her an excellent choice for this unique position," said Glenn Shankle, TCEQ executive director.
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Rentz will coordinate with environmental and industry stakeholders and other state and local agencies to support and help implement the State Implementation Plan. The state of Texas files this plan with the federal government to show how areas that are not meeting air quality standards will do so.
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She will also provide technical assistance and will advise TCEQ staff members and stakeholders on new rules and regulations. Rentz comes to the agency from Bracewell & Giuliani, LLP. where she served as an environmental law attorney advising clients on ozone control requirements and representing clients on a broad range of air, water, waste, and regulatory compliance issues. She also served as policy director for environmental health issues and as legislative coordinator for Harris County Judge Robert Eckels. While she was legislative director for state Representative Peggy Hamric (R) Houston, Rentz researched and guided legislation sponsored by Hamric.
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Rentz is a graduate of the University of Houston Law Center and earned her undergraduate degree at the University of Texas at Austin.
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PA DEP Settles Ground Water Claims with Valero Refinery

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Pennsylvania Department of Environmental Protection (DEP) Commissioner Bradley M. Campbell announced an agreement with Valero Refining Company to preserve four properties in southern New Jersey totaling 615 acres as compensation to the public for ground water pollution at its oil refinery in Greenwich.
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"Preserving land parcels in South Jersey where ground water is replenished rapidly will help to keep our future water resources healthy," said Acting Governor Richard J. Codey. "Valero's voluntary settlement demonstrates that our enforcement message is being heard."
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Valero Refining Company will fund the acquisition of four properties located in Winslow Township, Camden County (359.5 acres); East Greenwich Township, Gloucester County (60.5 acres); Pennsville Township, Salem County (130 acres); and, Lawrence Township, Cumberland County (65 acres). Valero also will pay the Department's assessment costs.
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"New Jersey continues to secure restoration projects that provide long-term protection of its ground water resources," said Commissioner Campbell. "We remain vigilant in our efforts to not only clean up contamination from past industrial operations, but also vindicate the public's right to compensation for losses of our water resources."
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The "resource-to-resource" form of compensation developed by the state avoids costly litigation and instead focuses on restoration and land preservation projects. DEP uses this method for companies that voluntarily approach the state willing to settle natural resource damage liability. In the resource-to-resource compensation model, settling companies must protect an area of land with a good aquifer recharge rate that is similar to the acreage of ground water polluted.
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DEP's preferred voluntary settlement track has resulted in the settlement of natural resource damages at 1,200 hazardous sites. The total preserved wildlife habitat and aquifer recharge area is more than 5,200 acres.
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DEP is working with the company to remediate discharges of hazardous substances to ground water at its Greenwich site that was impacted by various spills and leaks during fuel processing activities. The proposed NRD settlement with Valero appeared in the January 3 issue of the New Jersey Register and is subject to a 30-day public comment period.
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Valero Refining Company is a Delaware corporation with principal offices at 800 Billingsport Road in Greenwich (Paulsboro mailing address). The natural resource injury covers 755 acres of petroleum/gasoline contamination.
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Dow Chemical Fined for Hazardous Waste Violations

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The Michigan Department of Environmental Quality has reached a settlement with The Dow Chemical Company resulting from violations of the Midland facility's hazardous waste operating license. The consent order signed by the two parties resolves Dow's use of a waste classification system that did not comply with Michigan's hazardous waste regulations or the operating license, and settles allegations that Dow failed to report environmental monitoring data to the DEQ related to the investigation of off-site contamination.
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"The consent order resolves this situation and allows DEQ and Dow to focus our joint efforts on the ongoing remedial efforts," said DEQ Director Steven E. Chester.
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Dow has agreed to pay $69,998 in civil fines to settle the allegations, $7,000 to the state for partial reimbursement of the costs of investigation and enforcement, and will submit a report detailing the steps taken to remedy the violations.
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EPA Applauds Progress in Recycling Electronic Waste

 

 EPA will recognize the collaborative and individual efforts of the Plug-In partners in 2005, at the annual International Consumer Electronics Show (CES) in Las Vegas."EPA is helping to make sure yesterday's high-tech gadgets are not becoming tomorrow's contaminated garbage," said EPA Administrator Stephen L. Johnson. "Plug-In To eCyling is spreading the word that reusing and recycling electronics is something everyone can do to protect our environment and the health of future generations of Americans."Through EPA's Plug-In program, manufacturers and retailers work together to raise public awareness on electronics reuse and recycling and to create more take back opportunities for consumers and businesses. Plug-In partners include: Best Buy; Cingular Wireless; Dell; eBay's Rethink Initiative; Hewlett Packard; Intel; JVC; Lexmark; NEC; Panasonic; Philips; Sharp; Sony; Samsung; and Staples. Americans discard approximately 2 million tons of used electronics, including computers and televisions each year. In addition, an estimated 128 million cell phones are retired from use annually.Through its various programs, EPA is working to foster environmentally friendly design; to increase purchasing and use of electronics products that are environmentally sustainable; and to increase the reuse and safe recycling of used electronics.

 

Cummins to Demonstrate Advanced Diesel Engine to Meet EPA 2010 Standard

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Cummins Inc. will participate in a public-private partnership led by the California South Coast Air Quality Management District (SCAQMD) to demonstrate advanced diesel engine emissions control systems meeting the EPA 2010 on-highway standard. Next-generation Cummins aftertreatment research and technology will be utilized on the ISL 9-liter engine to verify the emissions reduction capability of a combined system incorporating both a Diesel Particulate Filter and Nitrogen Oxides Adsorber.
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The project is focused on demonstrating very low emissions for waste collection vehicles operating in urban areas. Cummins ISL has proved to be a highly successful engine in these applications by offering heavy-duty levels of performance from a compact, low-weight 9-liter package. The engine technology employed must reduce Particulate Matter emissions to 0.01 gram per brake horsepower hour (g/bhp-hr) and Nitrogen Oxides to 0.2 g/bhp-hr. The program will require a durability evaluation to ensure the test engine final build meets the demanding duty cycle associated with a refuse collection vehicle.
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The SCAQMD's focus is to have the cleanest engines commercially available as early as possible in order to meet clean air deadlines. To this end, SCAQMD sponsors research and demonstration of both diesel and alternative fuel engines such as the Cummins Westport ISL natural gas engine to meet EPA 2010 standards.
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"We've already seen great strides made by natural gas engine manufacturers and announcements that these natural gas engines will meet very tough 2010 emissions standards by 2007," said Dr. Barry Wallerstein, SCAQMD Executive Officer. "This collaborative research will give added assurances that diesel technologies will make similar strides. Multiple fuel technologies meeting the 2010 standards as early as possible will provide fleet operators a variety of choices to meet their needs and help advance the state of knowledge on advanced engine control technologies.
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"Scheduled for release in 2007, ISL G shares the same platform as Cummins ISL diesel engine, offering the flexibility of mixed diesel and natural gas-powered fleets with a high degree of base engine commonality. Early introduction of these advanced engines will provide valuable information from fleet operators on performance to assure a smooth transition in 2010," Wallerstein added.
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Government to Release Findings on Dollar Value of Human Life

In mid-January 2006 (possibly Jan. 11), the National Academies' Institute of Medicine is scheduled to release its findings and recommendations regarding the value of human life that federal agencies must assign when conducting cost-effectiveness analyses. Such analyses have been required since 2003, in situations where federal regulations could significantly affect the economy. Agencies affected include many linked with the environment beat, such as EPA and FDA.
The study, about two years in the making, was commissioned by OMB's Office of Information and Regulatory Affairs, which mandated the cost-effectiveness analyses. Previous efforts to assign a dollar value to human life have raised huge controversies.

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Missouri Requests Hazardous Waste Generator Reporting Online

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The Missouri Department of Natural Resources offers businesses the opportunity to submit both the facility and generator summary reports on-line.á This includes the quarterly reporting required for Large Quantity Generators.á It is a fast, safe way to submit your reports.á  To fill out the summary report forms electronically you will need a personal identification number assigned to your business.á If you do not have one, contact David Green at 1-800-361-4827 or 573-751-3176.
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$160,000 Penalty for Unpermitted Paint Booth

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The Pennsylvania DEP has fined Conshohocken Steel Products more than $160,000 for air quality violations at its facility in Upper Dublin Township, Montgomery County.
"This company did not have a permit for its spray-painting operation, and it was using paint coating products that violate Pennsylvania's air quality regulations," DEP Southeast Regional Director Joseph Feola said.
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"Despite our continuous efforts to work with this company on its permits, materials and record-keeping, Conshohocken Steel took several years to come into full compliance with environmental regulations," Feola explained.
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DEP first visited the roll-off container manufacturing and repair facility in 2000 while responding to odor complaints. A notice of violation was issued to the company in December 2000 for failing to maintain records for the coatings and paint thinner used on site. In obtaining further information regarding the spray-painting operation, DEP determined that an air permit was required. This resulted in a second violation notice issued to the company in 2001.
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Follow-up inspections showed continuing record-keeping violations. In collecting samples of the various paint coatings used by the company in May 2002, the department learned that the coatings were all in excess of the volatile organic compound (VOC) limit of 6.67 lb per gallon. VOCs are a precursor to ground-level ozone, or smog.
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Samples collected in 2003 and 2004 showed a percentage of paint coatings continued to be over the VOC limit. It was not until May 2004 that DEP was able to confirm the facility's use of only compliant paint coatings.
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Conshohocken Steel submitted an air quality application for its spray-painting operation in January 2003, resulting in issuance of a DEP permit in May 2004. The company is to pay the $160,369 penalty within 15 days to the commonwealth's Clean Air Fund, which is used to pay for air quality improvements throughout the state.
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EPA Amends Boiler and Process Heater NESHAP

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 After publishing the final rule, EPA received petitions for reconsideration of certain provisions in the final rule. On July 27, 2005, EPA published a notice of reconsideration and requested public comment on certain aspects of the health-based compliance alternatives, as outlined in 40 CFR 63.7507 and appendix A to the final rule (40 CFR part 63, subpart DDDDD). After evaluating public comment on the notice of reconsideration, we are retaining the health-based compliance alternatives in the final rule in substantially the same form. However, we are making a limited number of amendments to 40 CFR 63.7507 and appendix A to the final rule to improve and clarify the process for demonstrating eligibility to comply with the health-based compliance alternatives contained in the final rule.

Environmental Trivia Question of the Week

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Many plastic products are marked with resin recycling codes so that they can be sorted before recycling.á The codes consist of a number inside a triangular chasing arrows symbol. Which of the following has the correct codes identified:
a.á 1 (HDPE), 2 (PETE), 3 (Vinyl), 4 (PP)
b.á 1 (Vinyl), 2 (LDPE), 3 (PS), 4 (Other)
c.á 1 (PETE), 2 (HDPE), 3 (Vinyl), 4 (LDPE)
d.á 1 (PS), 2 (PP), 3 (HDPE), 4 (Vinyl)
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