The DOT recently issued an Emergency Order requiring all shippers to test product from the Bakken region to ensure the proper classification of crude oil before it is transported by rail, while also prohibiting the transportation of crude oil in the lowest-strength packing group.
“Today we are raising the bar for shipping crude oil on behalf of the families and communities along rail lines nationwide—if you intend to move crude oil by rail, then you must test and classify the material appropriately,” said DOT Secretary Anthony Foxx. “And when you do ship it, you must follow the requirements for the two strongest safety packing groups. From emergency orders to voluntary agreements, we are using every tool at our disposal to ensure the safe transportation of crude.”
Emergency orders are issued to protect the public and environment from the likelihood of substantial harm created by an imminent hazard. The recent Emergency Order, the fourth from DOT in less than a year, was issued in response to recent derailments involving trains carrying crude oil from the Bakken region and out of concerns over proper classification that are currently under investigation as part of Operation Classification, also known as the Bakken Blitz.
Effective immediately, those who offer crude oil for transportation by rail must ensure that the product is properly tested and classified in accordance with federal safety regulations. The Emergency Order also requires that all Class III crude oil shipments be designated as Packing Group I or II, thereby requiring the use of a more robust tank car. Packing Group III, a lower risk designation, will not be accepted, until further notice.
Shippers are required to use nine hazard classes as a guide to properly classify their hazardous materials. Proper classification will ensure that the material is placed in the proper package and that the risk is accurately communicated to emergency responders. Shipping crude oil—or any hazardous material—without proper testing and classification could result in material being shipped in containers that are not designed to safely store it, or could lead first responders to follow the wrong protocol when responding to a spill.
Rail safety is a national priority, and DOT continues to work aggressively across multiple fronts to enforce its requirements and reduce risks regarding the safe transport of all materials. PHMSA and the Federal Railroad Administration have issued several safety advisories related to the safe transport of crude oil by rail, including the recent January 2 Safety Alert and is currently engaged in the ongoing rulemaking to improve the design of the DOT 111 tank car. In August 2013, PHMSA and FRA launched Operation Classification in the Bakken Shale region to verify that crude oil was being properly classified and announced the first proposed fines associated with that ongoing investigation last month. Additional activities include unannounced spot inspections, data collection, and sampling at strategic locations that service crude oil.
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?
Charleston RCRA, DOT, and IATA/IMO Training
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How to Implement OSHA’s Globally Harmonized Hazard Communication Standard
OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, material safety data sheet (now called “safety data sheet” or SDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on SDSs.
New Pesticide Registration Website
Pulling from existing material, the new pesticide registration area is designed to help users find what they need easily and quickly. Under clearly defined topic headings, visitors to this new Web area will have easy access to information on: pesticide registration, fees and fee waivers, how to register a pesticide, types of registrations under pesticide laws, types of pesticides that can be registered, and registration forms and guidance documents.
Where Should You Plant That Tree?
When you plant trees near your home or workplace, do you know the optimum locations that will save energy and reduce carbon emissions? If there are existing trees in your landscape, what are the optimum locations for new trees? It will help you learn about opportunities to conserve landscape water use, reduce stormwater runoff, save energy, store carbon, and reduce fire risk to your property based on existing and planned landscape design.
New Michigan DEQ Permit Reduces Red Tape for County Drains
The DEQ announced a new general permit category that will help county drain operators make routine local decisions while saving time and cost.
This new permit category—developed by the DEQ in partnership with the Michigan Association of County Drain Commissioners and approved by the EPA—will allow county drain commissioners, drainage boards or intercounty drain boards to conduct routine activities like the placement of bridges, culverts, riprap to prevent erosion, and certain structures in drains that improve stability and habitat.
General permits are developed for a class of activities which have been determined to be similar in nature and are expected to cause no more than minimal environmental impacts. Because these activities have been evaluated by the DEQ, and the public notice prior to the general permit category being issued, authorizations for each project that meet the qualifications of the category do not need extensive DEQ review or individual public noticing.
“I appreciate the partnership and hard work of DEQ staff, the MACDC and the EPA in developing this permit category,” DEQ Director Dan Wyant said. “During the passage of Public Act 98, we committed to the MACDC that we would work with them to address their permitting needs, and I’m pleased that we could all work together to accomplish this goal.”
Michigan is one of only two states that have the EPA’s authorization to administer Section 404 of the Federal Clean Water Act; however, under federal law, the EPA must approve all new general permits to ensure compliance with federal statute.
“While the discussion process was exhausting, in the end it proved fruitful,” MACDC President and Midland County Drain Commissioner Doug Enos said. “The relationships developed during discussions will be helpful as we continue to work together in the future.”
The general permit category was issued under the authority of Part 301, Inland Lakes and Streams, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended.
House Chemicals Bill Would Undermine Health and Safety
A House bill to overhaul federal oversight of the chemical industry would do more harm than good, according to the Natural Resources Defense Council. The bill, introduced late yesterday by Rep. John Shimkus (R-IL), chair of the House Environment and Economy Subcommittee, would overhaul the Toxic Substances Control Act (TSCA), a 1976 law that is widely viewed as a failure.
Daniel Rosenberg, senior attorney with the Health and Environment Program at NRDC, made the following statement:
“The bill is a gross disappointment. It purports to reform TSCA but would do more harm than good. For months, the House has heard testimony detailing the fatal flaws of current law and of the bill introduced in the Senate. Yet the House Republicans now have released a draft bill that mirrors and even builds on those deficiencies. The bill has no deadlines, weakens EPA’s ability to protect the public from harmful chemicals in several ways, and limits EPA’s ability to get health and safety information from chemical manufacturers. At the same time, it pre-empts state protection efforts. This pro-industry laundry list is particularly remarkable coming in the wake of the West Virginia chemical spill.
“We remain willing to discuss serious chemical safety reform. But this bill has more in common with the House Republicans’ efforts this week to tear apart the whole system for creating public safeguards than it does with any legitimate attempt to protect the public.”
EPA Orders US Magnesium to Address Acid Spill Near Utah Facility
Recently the EPA and US Magnesium, LLC, (USM) voluntarily entered into an Administrative Order on Consent (AOC). The AOC provides that USM address a release of acidic liquid waste from the magnesium production facility onto its own and adjacent US Bureau of Land Management (BLM) property.
On January 23, 2014, USM reported to the EPA National Response Center a release of acidic liquid onto federal property. The release consisted of approximately 8,000 lb of hydrochloric acid into an unlined retention pond, and a portion was spilled over to adjacent USM and BLM land. EPA staff traveled to the site to assess the situation. BLM staff verbally notified area land users, including those with cattle grazing permits on the BLM land.
The spill area is remote. However, people who hunt or recreate in the area, as well as wildlife, and livestock in the area could be at risk. Contacting, inhaling, or ingesting acidic water or vapor can cause moderate to severe harm. The AOC provides for actions necessary to protect human health and the environment at the spill site.
The AOC details a three-phased action plan to address the spill. In summary, the first phase is to immediately fence the portion of the spill on BLM land. The fencing will be posted with warning signs every 150 feet. The second phase requires USM to describe how they plan to control access to the portion of the spill area on their property and what measures they plan to address the cause of the release. The third phase requires USM to address the acidic water release, and if necessary, the soils impacted underneath. The company will also be required to prepare a contingency plan applicable to any such future release.
The USM facility produces magnesium using an anhydrous electrolytic production process. In addition to magnesium metal and alloys, the facility produces chlorine, ferric and ferrous chloride, and calcium chloride, and is producing or has produced other materials as well. The main raw material is concentrated brine form the Great Salt Lake.
TravelCenters of America Fined $4.8 Million for Underground Storage Tank Violations
TA operates and franchises 243 travel centers located in 41 US states and the province of Ontario, Canada under the TravelCenters of America, TA, and Petro brand names. TA facilities include diesel and gasoline fueling stations, restaurants, truck repair and maintenance service centers, and convenience stores.
Investigators from the State Water Board and Certified Unified Program Agencies (CUPA) in Merced and Kern counties documented alleged UST monitoring, testing, and construction violations at TA facilities. These alleged violations included failure to perform timely secondary containment and annual monitoring certification tests; failure to install or repair line leak detectors; and failure of the primary or secondary containment to store a hazardous substance.
Under the terms of the judgment, which resulted from a settlement, TA will pay $1 million in civil penalties to the State Water Board. TA will also pay $800,000 to the State Water Board, Kern County Environmental Health Division (EHD), Merced County EHD, and the Western States Project for reimbursement of investigation and enforcement costs.
TA will receive up to $2 million in credit for environmental improvements that enhance compliance at its facilities. These enhancements must exceed existing requirements, and include developing and implementing an Enhanced Environmental Compliance Program for 13 TA facilities in Kern, Merced, Riverside, San Bernardino, Shasta, and Tehama counties. The judgment also suspends $1 million in penalties for a period of five years, provided that TA does not violate any of the UST leak prevention regulations detailed in the judgment.
“This case demonstrates the State Water Board’s continued commitment to upholding the UST laws, which protect our state’s groundwater from contamination associated with leaking tanks,” said Cris Carrigan, Director of the State Water Board’s Office of Enforcement. “We are pleased with the outcome of this case and believe that cases such as this are a critical element to protecting water quality in California.”
The State Water Board was represented by the California Attorney General’s Office in this enforcement case.
Tracy Heifer Ranch Fined $310,775 for Water Quality Violations
California’s Central Valley Regional Water Quality Control Board has imposed a penalty of $310,775 against the Reeve Road Heifer Ranch, located in Tracy, San Joaquin County, for water code violations found during a closure inspection.
The ranch operator, Henry J. Tosta, owns the nearby Henry Tosta Dairy, which was the subject of a $685,000 penalty imposed by the Central Valley Water Board in July 2013 for the discharge of manure to groundwater and the failure to comply with a separate CAO.
“Henry Tosta has a history of operating his facilities with complete disregard for the protection of groundwater and surface water,” said Central Valley Water Board Executive Officer Pamela Creedon. “This operator has demonstrated a blatant refusal to comply with the law, the Dairy General Order, and the Cleanup and Abatement Order directing him to fix the problems at his heifer ranch.”
A May 2012 inspection identified numerous violations at the heifer ranch and, in June 2012, the Regional Water Board issued a CAO.
Inspectors found two dead cows in a groundwater-filled excavation in heifer ranch cropland. According to Tosta, the dead cows were from the Henry Tosta Dairy. Cow bones were strewn across the 30-acre field. Photos showing burials in progress were provided to the Central Valley Water Board by an informant after the CAO was issued. In addition, cows had been buried in manure south of the heifer ranch lagoon, and additional bones were found in manure removed from the lagoon. Groundwater is five to six feet below the surface.
The penalties were assessed for the burial of cows, causing the pollution of groundwater, failure to remove manure mixed with animal remains to a landfill, and late submittal of reports to document the removal of the buried cows and provide a plan to remediate the groundwater.
The Dairy General Order (Order), adopted by the Central Valley Water Board in 2007 and updated in 2013, requires dairies to manage their waste to reduce impacts to surface water and groundwater. The Order contains a number of requirements, including standards for manure storage, prohibitions against the on-site burial of dead animals, and the prohibition of the collection, treatment, storage, discharge, or disposal of waste that results in contamination or pollution of surface water or groundwater.
Central Valley Water Board inspectors found that the heifer ranch contributed to the pollution of groundwater. Additionally, despite repeated inspections and reminders, Tosta failed to comply with directives of the CAO, including requirements to remove the pile of manure and animal remains and haul it to a landfill.
Due to continued violations, the Central Valley Water Board’s executive officer issued an Administrative Civil Liability Complaint in November 2013 proposing the fine of $310,775, which was adopted by the Central Valley Water Board members on February 6, 2014.
Kern County Oil Firm Fined for Illegal Discharge of Hydraulic Fracturing Fluid
The Central Valley Water Board prosecution team’s investigation determined that Vintage periodically discharged hydraulic fracturing fluid to the pit over a period of 12 days in September and October of 2012. The pit was next to a new oil well that Vintage drilled near Shafter in Kern County.
The prosecution team concluded that the discharge posed a threat to groundwater quality, and that Vintage violated the California Water Code for unpermitted discharge of wastewater to land. The penalty is the result of a settlement agreement between Vintage and the Central Valley Water Board. The settlement also requires Vintage to assess the leaching potential of the solidified material in the pit and whether groundwater has been impacted.
The investigation began after a YouTube video was brought to the prosecution team’s attention. An investigative order was issued requiring Vintage to provide a technical report with specific details about the operation of the well and the discharges to the sump.
Central Valley Water Board Executive Officer Pamela Creedon said, “The discharge of high-salinity water to unlined pits in areas with good groundwater quality, such as at the Vintage site near Shafter, is not consistent with the Tulare Lake Basin Plan. We are concerned that similar discharges have occurred elsewhere in the Central Valley and are working to ensure that discharges of oilfield derived wastes are in compliance with the basin plan and protective of water quality.”
In addition to the Vintage investigation, Creedon issued investigative orders to 78 other oil and gas operators that require them to report back to the Central Valley Water Board with detailed information about their discharges of fluids to pits, for the period from January 1, 2012 to November 15, 2013.
The information that will be generated by the additional investigative orders is required to identify the characteristics and volumes of waste discharged to unlined pits, and to evaluate the possible impacts to water quality posed by the discharge of these fluids. In addition, how the operators close pits may cause impacts or threatened impacts to water quality.
Review of the submitted information could result in Central Valley Water Board staff taking appropriate actions, including issuing enforcement orders, to protect water quality.
Allied Tube & Conduit to Pay $130,000 Penalty to Resolve Hazardous Waste Violations
Arizona Department of Environmental Quality (ADEQ) officials announced recently that Allied Tube & Conduit Corp. will pay a $130,000 penalty as part of a consent judgment entered in Maricopa County Superior Court for hazardous waste violations at its Phoenix facility.
Allied Tube and Conduit, located at 2525 N. 27th Ave., was cited for a total of 15 violations, including nine different violations of storing hazardous waste without a permit. ADEQ inspectors found standing liquid and yellowish-brown staining on the concrete beneath the hexavalent chromium plating tank and broken fluorescent lamps on the ground in the hazardous materials area.
Allied manufactures fence and mechanical tubing, sprinkler pipe, metal building studs, and metal engineered trusses.
“Their unlawful management of hazardous waste put employees and the environment at risk but they were very cooperative with our staff in reaching a resolution in the case,” ADEQ Director Henry Darwin said.
The settlement with Allied brings to 13 the number of electroplating facilities in Arizona brought into compliance with hazardous waste rules through enforcement proceedings under ADEQ’s “Plating Initiative.”
ADEQ launched the plating initiative in 2008 after facility inspections beginning in 2004 determined that many facilities were not in compliance with the Arizona Hazardous Waste Act, which regulates hazardous waste in the state.
Dunlap Towing Fined for Oil Spill in Seattle
The Washington Department of Ecology (Ecology) recently issued Dunlap Towing Co., (Dunlap) of Everett a $13,750 penalty for an oil spill to Seattle’s Elliott Bay last year.
The Dunlap tugboat, Taurus, spilled 24 gallons of diesel fuel to the bay while refueling at the north end of Harbor Island on May 9, 2013. The company promptly reported the spill and organized a cleanup response that recovered all but 1.5 gallons of diesel.
“We appreciate the company’s prompt response to the spill and their cooperation during the investigation,” said Dale Jensen, program manager. “But we all have an obligation to protect the environment, and this spill was avoidable by the twist of a valve.”
Ecology strives to protect, preserve, and enhance Washington’s environment and promote wise management for current and future generations. When someone pollutes Washington’s air, land, or waters, Ecology enforces state and federal regulations in hopes of deterring future violations.
The agency considers several factors when deciding the amount of the penalty. In this instance, one of the factors included a $16,000 fine the company received for a similar incident in 2011. Penalties may be appealed to the Washington State Pollution Control Hearings Board.
In a statement, Dunlap Towing Company said it deeply regrets this incident and has implemented many of the recommendations of the Department of Ecology and is continuing its efforts to address the causes of human error that resulted in this incident.
Johnson Foods Fined for Wastewater Discharge Violations
Johnson Foods, Inc., has been fined $14,000 for a history of wastewater discharges that are excessively acidic and for other water quality violations at the food processing facilities the company operates in Sunnyside.
Johnson Foods processes fruits and vegetables and sends its wastewater to be treated at the Port of Sunnyside. Wastewater with a low pH (acidic) can interfere with the industrial treatment plant operations, infrastructure, and effectiveness. Acidic waste can increase odors and upset processing reactors and lagoons.
Since 2011, the Washington Department of Ecology has worked to help the company to come into compliance through an interim schedule to achieve effluent limits for pH and through a monitoring program spelled out in its waste discharge permit. Those interim limits for pH were to be achieved by March 15, 2013.
The company was cited for violations from March 2013 to November 2013, including not meeting pH limits and for not reporting its violations within 24 hours. The company also didn’t submit timely discharge monitoring reports as required to show its compliance record.
Ecology works with thousands of businesses and individuals to help them comply with state laws. Penalties are issued in cases where non-compliance continues after Ecology has provided technical assistance or warnings, or for particularly serious violations.
Johnson Foods has 30 days to pay the penalty or may file an appeal with the state’s Pollution Control Hearings Board.
Funds collected go to the state’s general fund or to dedicated pollution prevention accounts.
EPA Honors Corporate Leadership in Reducing Greenhouse Gas Emissions
Nineteen awards were given to 15 organizations and two individuals in the public and private sectors for their leadership in addressing climate change by reducing carbon pollution.
- Organizational Leadership Award: City of Chula Vista, Sprint, and University of California, Irvine
- Individual Leadership Award: Sam Brooks, Associate Director, D.C. Department of General Services, and Robert Taylor, Energy Manager, Washington Suburban Sanitary Commission
- Supply Chain Leadership Award: Sprint
- Excellence in Greenhouse Gas Management (Goal Achievement Award): The Boeing Company; Caesars Entertainment; Cisco Systems, Inc.; Ecolab; The Hartford; IBM; Johnson Controls; Kohl’s Department Stores; Mack Trucks; and Novelis
Excellence in Greenhouse Gas Management (Goal Setting Certificate): Fruit of the Loom, Inc.; Hasbro, Inc.; and Kohl’s Department Stores
“Our Climate Leadership Award winners have made great strides in reducing greenhouse gas emissions, and are providing leadership nationwide in many sectors of our economy,” said Janet McCabe, acting assistant administrator for EPA’s Office of Air and Radiation. “Their innovative approaches and commitment to reducing carbon pollution demonstrate that efforts to address climate change are repaid by saving money and energy, while supporting more livable and resilient communities, and a healthier, better protected environment now and for future generations.”
The national awards program recognizes and incentivizes exemplary corporate, organizational, and individual leadership in response to climate change. Award recipients represent a wide array of industries, including finance, manufacturing, retail, technology, higher education, and local government.
“The Association of Climate Change Officers is pleased to recognize another exceptional class of organizations and individuals who are demonstrating leadership in driving climate action into their organizational cultures,” said Daniel Kreeger, ACCO’s co-founder and executive director. “These award recipients are demonstrating critical devotion and leadership to managing and reducing greenhouse gas emissions and adapting to the risks and challenges posed by climate change. These recipients are role models for corporate, organizational, and individual leaders who can and should be responding proactively to climate change risks and opportunities.”
“Communities and businesses are already experiencing the impacts of climate change, and we need to act now to protect both our environment and our economy,” said C2ES President Eileen Claussen. “We join EPA in applauding the winners of the Climate Leadership Awards. These companies, organizations, and individuals demonstrate that we can save energy, reduce emissions, and take decisive steps toward a low-carbon future. We hope their accomplishments will serve as an example for others to follow.”
“The Climate Registry applauds this year’s Climate Leadership Award winners for demonstrating a meaningful, results-oriented response to climate change,” said David Rosenheim, executive director of TCR. “Exhibiting transparency, consistent metrics, and innovative mitigation measures, our deserving award recipients are building a stronger platform for policy, innovation, and business solutions to reducing carbon pollution.”
The President’s Climate Action Plan calls on the federal government to work with all stakeholders to take action to cut the harmful carbon pollution that fuels climate change. These organizations and individuals are working to do just that.
The EPA’s Center for Corporate Climate Leadership was launched in 2012 to establish norms of climate leadership by encouraging organizations with emerging climate objectives to identify and achieve cost-effective greenhouse gas (GHG) emission reductions, while helping more advanced organizations drive innovations in reducing their GHG impacts in their supply chains and beyond. The Center serves as a comprehensive resource to help organizations of all sizes measure and manage GHG emissions, providing technical tools, ground-tested guidance, educational resources, and opportunities for information sharing and peer exchange among organizations interested in reducing the environmental impacts associated with climate change.
Louisiana DEQ 2014 Environmental Leadership Awards
Recently DEQ hosted the Environmental Leadership Awards. DEQ Secretary Peggy Hatch was joined by Senator Mike Walsworth, chair, Senate Environmental Quality Committee and Representative Gordon Dove, chair, House Natural Resources and Environment Committee, to recognize environmental achievements. New and existing members of ELP were commended for their voluntary pollution prevention efforts and community environmental outreach initiatives. The ceremony highlighted projects that went above and beyond regulatory compliance to substantially improve the quality of the environment.
ELP Awards were presented to large, medium, and small businesses, municipalities, non-governmental organizations, and schools/universities. This year, DEQ presented 14 awards and recognized a total of 17 new members that joined in 2013–2014 in recognition of the following:
- Pollution Prevention – 299,783,059 lb of pollutants were removed including: Criteria pollutants, toxic air pollutants, biosolids, GHG emissions, etc.
- Reduction in Water Usage – 4,080,000 gallons of water/day
- Recycling of Materials – 78,000 lb/yr of Metals, and 1,995,757 gals/yr of Hydrocarbon contaminated water, soapy water, used oil, etc.
Two special recognition awards were also presented to:
- City of West Monroe – Sparta Re-Use Facility
- Lafayette Consolidated Government – Lafayette Utilities System and Public Works Department-Rain Barrel Program
“Since the Environmental Leadership Program recognizes voluntary pollution reductions by government, schools, businesses, and community groups it highlights effort to improve the environment in Louisiana,” said DEQ Secretary Peggy Hatch. “The winners have gone above and beyond regulation to combat pollution, spearhead community outreach efforts, or present educational programs that make a positive difference in the quality of Louisiana’s environment.”
The ELP began in 1995 as a cooperative effort between DEQ and participating companies in the state. Today, any company, federal entity, municipality, non-governmental organization, school or university committed to improving the quality of the state’s environment is eligible to join the program.
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Trivia Question of the Week
Scientists from Northwestern University have created new non-toxic antibacterial coating made out of:
a. Waste oil
b. Sewage from Evanston, IL, city wastewater treatment plant
c. Hemp
d. Pine needles
e. Green tea