According to PHMSA, these amendments are intended to promote safer transportation practices, eliminate unnecessary regulatory requirements, finalize outstanding petitions for rulemaking, facilitate international commerce, and simplify the regulations. PHMSA indicated in the rule that it anticipates that the amendments contained in this rule will generate economic benefits to the regulated community.
The following changes become effective on August 19, 2011, however voluntary compliance before that date is authorized by the rule:
- Update incorporations by reference of industry consensus standards issued by the Aluminum Association, the American Society for Testing and Materials, and the Institute of Makers of Explosives (see 49 CFR 173.63 and 177.835).
- Add a requirement for each applicant to a special permit under 49 CFR 107.105, 107.107, and 107.109 to identify their role as a shipper (offeror), carrier, or both.
- Revise the definition of “person” to include those who manufacture, test, repair, and recondition packages (see 49 CFR 171.8).
- Revise the Hazardous Materials Table (HMT) to harmonize certain entries with international standards (see 49 CFR 172.101) by adding and revising certain proper shipping names. Most significantly, a new entry, “Formaldehyde solutions (with not less than 10% and less than 25% formaldehyde)” was added to clarify requirements applicable to formaldehyde and formalin with less than 10% formaldehyde; revise the entry for “Environmentally hazardous substances, liquid, n.o.s.” to provide packaging exceptions for certain materials that are assigned to UN3082; and adding a new special provision 176 to 49 CFR 172.102 to clarify the differences between Class 3 and Class 9 formaldehyde solutions.
- Add a new italicized entry to the HMT for “Permeation devices” referencing a new 49 CFR 173.175 applicable to permeation devices to provide an exception for permeation devices containing hazardous materials. Permeation devices are used for calibrating air quality monitoring devices for consistency. This change would harmonize the HMR with the current exception in the international regulations for these devices.
- Update and clarify various hazard communication requirements including: Class 9 label specifications; placard size; IBC markings; and Division 6.2 labels.
- Authorize the use of an alternative bend test for DOT 3AA and DOT 3AAX steel cylinders.
- Revise 49 CFR 178.71 to authorize the use of either a proof pressure test or volumetric expansion test as described in the ISO 7866 and 9809 standards.
- Revise 49 CFR 171.14 transitional provisions to remove expired transitional provisions and incorporate certain transitional provisions into the specific sections of the HMR.
- Revise provisions in 49 CFR 173.56(j) to further clarify the use of the American Pyrotechnics Association (APA) standard for classifying and approving fireworks.
- Revise 49 CFR 172.404 to provide a labeling exception for consolidation bins used to transport hazardous materials by motor carrier.
- Revise 49 CFR 178.345.1 to allow vapors to escape through a vent or drain.
- Revise 49 CFR 178.320 cargo tank wall definition.
- Revise 49 CFR 178.347-1 to clarify that a cargo tank motor vehicle with a Maximum Allowable Working Pressure (MAWP) greater than 35 psig or designed to be loaded by vacuum must be constructed and certified in accordance with the ASME Code.
- Revise 49 CFR 178.347-4 to make a clear distinction between “designed to be loaded by vacuum” and “built to withstand full vacuum.”
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Increase in Particles High in Earth’s Atmosphere Has Offset Some Recent Climate Warming
A recent increase in the abundance of particles high in the atmosphere has offset about a third of the current climate warming influence of carbon dioxide (CO2) change during the past decade, according to a new study led by NOAA and published in the online edition of Science.
In the stratosphere, miles above Earth’s surface, small, airborne particles reflect sunlight back into space, which leads to a cooling influence at the ground. These particles are also called “aerosols,” and the new paper explores their recent climate effects—the reasons behind their increase remain the subject of ongoing research.
“Since the year 2000, stratospheric aerosols have caused a slower rate of climate warming than we would have seen without them,” says John Daniel, a physicist at the NOAA Earth System Research Laboratory (ESRL) in Boulder, Colorado, and an author of the new study.
The new study focused on the most recent decade, when the amount of aerosol in the stratosphere has been in something of a “background” state, lacking sharp upward spikes from very large volcanic eruptions. The authors analyzed measurements from several independent sources—satellites and several types of ground instruments—and found a definitive increase in stratospheric aerosol since 2000.
“Stratospheric aerosol increased surprisingly rapidly in that time, almost doubling during the decade,” Daniel said. “The increase in aerosols since 2000 implies a cooling effect of about 0.1 watts per square meter—enough to offset some of the 0.28 watts per square meter warming effect from the carbon dioxide increase during that same period.”
Sources of aerosols reach the stratosphere from above and below. Sulfur dioxide (SO2), carbonyl sulfide (OCS), and dimethyl sulfide (DMS) are the dominant surface emissions which contribute to aerosol formation.
The reasons for the 10-year increase in stratospheric aerosols are not fully understood and are the subject of ongoing research, says coauthor Ryan Neely, with the University of Colorado and the Cooperative Institute for Research in Environmental Sciences (CIRES). Likely suspects are natural sources—smaller volcanic eruptions—and/or human activities, which could have emitted the sulfur-containing gases, such as sulfur dioxide, that react in the atmosphere to form reflective aerosol particles.
Daniel and colleagues with NOAA, CIRES, the University of Colorado, NASA, and the University of Paris used a climate model to explore how changes in the stratosphere’s aerosol content could affect global climate change—both in the last decade, and projected into the future. The team concluded that models miss an important cooling factor if they don’t account for the influence of stratospheric aerosol, or don’t include recent changes in stratospheric aerosol levels.
Moreover, future global temperatures will depend on stratospheric aerosol. The warming from green house gases (GHGs) and aerosols calculated for the coming decade can vary by almost a factor of two—depending on whether aerosols continue to increase at the same rate as over the past decade, or if instead they decrease to very low levels, such as those experienced in 1960.
If stratospheric aerosol levels continue to increase, temperatures will not rise as quickly as they would otherwise, said Ellsworth Dutton, also with NOAA ESRL and a co-author on the paper. Conversely, if stratospheric aerosol levels decrease, temperatures would increase faster. Dutton and his colleagues use the term “persistently variable” to describe how the background levels of aerosol in Earth’s stratosphere can change from one decade to the next, even in the absence of major volcanic activity.
Ultimately, by incorporating the ups and downs of stratospheric aerosols, climate models will be able to give not only better estimates of future climate change, but also better explanations of past climate changes.
“The ‘background’ stratospheric aerosols are more of a player than we thought,” said Daniel. “The last decade has shown us that it doesn’t take an extremely large volcanic eruption for these aerosols to be important to climate.”
Authors of the paper are: Susan Solomon, University of Colorado; John Daniel, Chemical Sciences Division of NOAA’s Earth System Research Laboratory; Ryan Neely, CIRES-University of Colorado and NOAA-ESRL; J.P. Vernier, NASA-Langley Research Center and University of Paris; Ellsworth Dutton, Global Monitoring Division of NOAA-ESRL; and Larry Thomason, NASA-Langley.
DOE Preliminary Determination Regarding ANSI/ASHRAE/IESNA Standard 90.1-2010
Also, DOE has preliminarily determined that the quantitative analysis of the energy consumption of buildings built to Standard 90.1-2010 indicates national source energy savings of approximately 18.2% of commercial building energy consumption. Additionally, DOE has preliminarily determined site energy savings are estimated to be approximately 18.5%. If these determinations are finalized, States would be required to certify that they have reviewed the provisions of their commercial building code regarding energy efficiency, and as necessary, updated their code to meet or exceed the energy efficiency of Standard 90.1-2010.
Comments on the preliminary determination must be provided by August 19, 2011.
Supervisor for Texas Natural Gas and Oil Drilling Company Pleads Guilty in Oklahoma to Negligent Violation of Clean Water Act
Gabriel Henson, a supervisor for Integrated Production Services, Inc., a Houston-based natural gas and oil drilling contractor, pleaded guilty to a negligent violation of the Clean Water Act (CWA) in federal court in Muskogee, Oklahoma, the Department of Justice has announced.
Henson was a crew supervisor for Integrated Production Services (IPS), which was performing hydraulic fracturing (also known as fracking) at the Pettigrew 18-3H well site, located in Atoka County, Oklahoma. IPS’s fracking operations included using hydrochloric acid to penetrate though bedrock and thousands of feet of substrata.
On May 24, 2007, a tank had leaked an estimated 400-700 gallons of hydrochloric acid onto the earthen pad surface of the well site. The earthen pad was also flooded with water from recent heavy rainfall. In order to remove the rainwater from the well site, Henson drove a pickup truck owned by IPS through an earthen berm, causing the rainwater contaminated with hydrochloric acid to flow off the well pad and down into Dry Creek, a tributary of Boggy Creek, a water of the United States under the CWA. Environmental damage to the creek was minimized by spill response crews that responded to the site.
“There is no question that the lawful exploration and development of sources of domestic energy is vital to the national interest,” said Assistant Attorney General Ignacia S. Moreno of the Justice Department’s Environment and Natural Resources Division. “With the increased use of hydraulic fracturing across the country, it is essential that we vigorously enforce all laws intended to protect the environment, as shown by this prosecution involving the discharge of acid into a stream.”
“The defendant’s discharge of hydrochloric acid waste into a tributary of Boggy Creek threatened public health and the environment, and required a costly emergency response to minimize harm,” said Ivan Vikin, Special Agent in Charge of EPA’s criminal enforcement program in Oklahoma. “Today’s guilty plea demonstrates that those who negligently violate environmental laws will be held accountable for their actions.”
According to a plea agreement, Henson entered a plea of guilty to a negligent violation of the CWA. If his plea is accepted by the court, Henson faces a term of imprisonment up to one year and a criminal fine of $100,000. The case was investigated by EPA Criminal Investigation Division and Oklahoma Attorney General’s Office of the Inspector General. The case is a joint prosecution between U.S. Attorney’s Office for the Eastern District of Oklahoma and the Environmental Crimes Section of the U.S. Department of Justice, Environment and Natural Resources Division.
EPA Issues Guidance on Mountaintop Mining
The guidance, which replaces the interim-final guidance issued by EPA on April 1, 2010, is based on the best-available science and incorporates input and feedback from over 60,000 comments received from the public and key stakeholders. By providing EPA’s regional offices with the latest information on existing legal requirements, the guidance enables them to work together with states, the U.S. Army Corps of Engineers, mining companies, and the public towards a balanced approach that protects communities from harmful pollution associated with coal mining. EPA will apply the guidance flexibly, taking into account site-specific information and additional science to arrive at the best decisions on a case-by-case basis.
The science forming the basis for the interim-final guidance was also successfully applied in a number of mining decisions, including the Hobet 45 permit in West Virginia where EPA worked closely with a company to eliminate nearly 50% of their stream impacts, reduce contamination, and lower mining costs. Successful outcomes resulting from the Corps’ Coal Mac-Pine Creek permit decision also provide evidence that the practices in the interim guidance are both feasible and effective.
“Under this guidance, EPA will continue to work with other federal agencies, states, local communities, and companies to design mining operations that adequately protect our nation’s waters and people’s health,” said Nancy Stoner, acting assistant administrator for EPA’s Office of Water. “We have a responsibility under the law to protect water quality and this guidance allows EPA to work with companies to meet that goal, based on the best science.”
EPA’s final guidance reflects significantly enhanced science, extensive public comment and experience working with federal and state agencies and mining companies. It is based on improved, peer-reviewed science on impacts of mountaintop mining; extensive public and stakeholder input; and, lessons learned from the implementation of the interim guidance. The final guidance, like the interim guidance, is not a rule and is not binding legally or in practice.
EPA is committed to working with coal companies and stakeholders to reduce and prevent harm to water quality and human health and over the past two and a half years, EPA has built a strong foundation, working with federal and state agencies and mining companies to significantly reduce impacts to the environment.
- In January 2010, EPA worked with the Corps on the Hobet 45 permit in West Virginia to reduce stream impacts by almost 50% and minimize mine runoff into surface waters.
- In June 2010, EPA worked to ensure that the permit issued for the Pine Creek mine included an enforceable trigger for protecting downstream water quality and ensuring that the overall mining operation could protect water quality.
- In July 2011, EPA worked with Mid-Vol, Inc., and the West Virginia Department of Environmental Protection to develop a CWA Section 402 permit that includes limits on ionic pollution to protect water quality.
Mountaintop mining is a form of surface coal mining in which explosives are used to access coal seams, generating large volumes of waste that bury adjacent streams. The resulting waste that then fills valleys and streams can significantly compromise water quality, often causing permanent damage to ecosystems and rendering streams unfit for drinking, fishing, and swimming. It is estimated that almost 2,000 miles of Appalachian headwater streams have been buried by mountaintop coal mining.
PeaceHealth Fined for Hazardous Waste Violations
PeaceHealth Southwest Medical Center will pay the Washington Department of Ecology (Ecology) $13,340 as part of an agreement to settle violations of the dangerous-waste regulations.
Responding to a complaint filed with the agency, Ecology inspectors found seven violations at the Vancouver, Washington, hospital. The hospital previously operated as Southwest Washington Medical Center.
The most serious violations were failing to adequately identify dangerous wastes and failing to send those wastes to a facility permitted to dispose of them properly. Instead, chemicals were discharged to the sanitary sewer system and without notification to the local sewer utility.
After Ecology notified the hospital about the violations, PeaceHealth returned to compliance with dangerous-waste regulations.
Ecology originally recommended a $20,000 penalty, but the hospital accepted an expedited settlement with Ecology that reduces the overall amount by one-third and waives PeaceHealth’s right to appeal. Ecology is using this expedited settlement process in an effort to save the state, taxpayers, and PeaceHealth the expense of costly litigation.
“When dangerous chemicals are mishandled, chances increase that people and the environment will be exposed to a potentially hazardous situation,” said Ava Edmonson, Ecology’s regional manager for the Hazardous Waste and Toxic Reduction Program. “The hospital generates waste that needs to be identified and disposed of safely to protect workers in the hospital and those working on the receiving end at the wastewater treatment facility.”
Joe Ness, Senior Vice President for Operations at the hospital said, “PeaceHealth Southwest is committed to maintaining the appropriate standards around hazardous waste disposal, and the organization has worked closely with the Department of Ecology to address the system concerns that were noted by the Department during its recent inspection. We value the department’s role, and we are committed to following the appropriate practices to protect our caregivers, patients, and our environment.”
New Strategy to Promote Electronic Equipment Recycling The announcement included the first voluntary commitments made by Dell, Sprint, and Sony to EPA’s industry partnership aimed at promoting environmentally sound management of used electronics. The Administration’s strategy also commits the federal government to take specific actions that will encourage the more environmentally friendly design of electronic products, promote recycling of used or discarded electronics, and advance a domestic market for electronics recycling that will protect public health and create jobs.
Every year, Americans generate almost 2.5 million tons of used electronics, which are made from valuable resources such as precious metals and rare earth materials, as well as plastic and glass. From computers and cell phones, to portable communication and music devices—the US is, and will continue to be, a global leader in designing and developing new and improved electronic technologies. The responsible management of electronics provides an opportunity to create economic development and jobs by developing a strong domestic electronics recycling market while preventing pollution at home and abroad.
As outlined in the strategy report, the federal government will:
- Promote the development of more efficient and sustainable electronic products;
- Direct federal agencies to buy, use, reuse, and recycle their electronics responsibly;
- Support recycling options and systems for American consumers; and
- Strengthen America’s role in the international electronics stewardship arena.
Under the new strategy, GSA will remove products that do not comply with comprehensive and robust energy efficiency or environmental performance standards—from its information technology purchase contracts used by federal agencies, and will ensure that all electronics used by the Federal government are reused or recycled properly. Several federal agencies will work together to identify methods for tracking used electronics in Federal agencies to move toward reuse and recycling.
A key component of this strategy includes the use of certified recyclers and increasing safe and effective management and handling of used electronics in the US and working with industry in a collaborative manner to achieve that goal. As a first step in this effort, EPA Administrator Jackson signed a voluntary commitment with Dell Inc., CEO Michael Dell, and Sprint CEO Dan Hesse to promote a U.S. based electronics recycling market. Sony Electronics Inc., representatives were also present and also committed to improving the safe management of used electronics.
This collaboration with industry aims to encourage businesses and consumers to recycle their electronics with certified recyclers, and for electronic recyclers to become certified. There are two existing domestic third-party certification recycling entities, R2 and E-Stewards. The electronics recycling industry is increasingly embracing these certification programs. Certified recyclers are regularly audited by these certification entities to ensure that electronics are recycled in a manner that is safe for human health and the environment. As the next steps in this collaborative effort, EPA will continue to work with industry to encourage other companies to voluntarily commit to help grow the domestic recycling market, create the green jobs of the future in the US, and educate consumers.
“A robust electronics recycling industry in America would create new opportunities to efficiently and profitably address a growing pollution threat,” said EPA Administrator Lisa P. Jackson. “The participation of industry leaders like Dell, Sprint and Sony is absolutely essential to this effort, and will help ensure that the work of the federal government—the largest electronics consumer around—is protecting our people from pollution at the same time we support savings and job creation through e-cycling and re-use of valuable materials.”
“Through a strong federal partnership, and coordination with manufacturers, retailers, recyclers, State and local governments, and other stakeholders, the actions outlined here will help address the potential health and environmental problems caused by the mismanagement of discarded electronics,” said Nancy Sutley, Chair of the White House Council on Environmental Quality. “This strategy will encourage the recycling of these valuable resources and allow the U.S. to take advantage of the economic opportunities of remanufacturing and create jobs of the future here in America.”
“The Nation’s largest single consumer of electronics, the Federal Government, will now be the Nation’s most responsible user of electronics. The steps outlined in the report will ensure that government leads by example and that the billions of dollars in IT equipment the government cycles through annually will be either reused or recycled properly,” said GSA Administrator Martha Johnson.
“Our goal at Dell is to deliver the highest quality and most efficient products to our customers with the least environmental impact,” said Michael Dell, chairman and CEO, Dell Inc. “Last fiscal year, we diverted more than 150 million pounds of end-of-life electronics globally from landfills, and we are well on our way to meeting our goal of recycling 1 billion pounds by 2014. We encourage everyone in our industry to commit to easier, more responsible recycling as we all work to protect our planet.”
“To be recognized by the EPA for responsible e-waste recycling is an honor for Sprint and a chance to build on our industry-first Electronics Stewardship Policy,” said Sprint CEO Dan Hesse. “Our current policy and today’s commitment with the EPA highlights our goal to handle electronic waste holistically—from product design to disposal—and is another proof point to our broader commitment to sustainability innovation.”
“At Sony, any product we make and put our name on, we will take back and recycle in the most responsible manner,” said Mark Small, Vice President for Corporate Environment, Safety and Health. “‘We Make It, We Take It Back’ has been Sony’s policy since 1995. This partnership—in coordination with the EPA and other stakeholders—will help us reach our “Road to Zero” goal, Sony’s vision of zero waste and zero environmental impact throughout the complete life cycle of all our products and related activities.”
Carriers Alerted to Aggressive Marketing Attempts to Sell Supervisory Training for Drug and Alcohol Testing Requirements
In recent weeks, the Federal Motor Carrier Safety Administration received numerous inquiries regarding companies using aggressive marketing tactics to sell supervisor training to employers who may be subject to the Federal Motor Carrier Safety Administration’s drug and alcohol testing requirements.
49 CFR 382.603 requires supervisors of CDL drivers to take 60 minutes of training on the symptoms of alcohol abuse and another 60 minutes of training on the symptoms of controlled substances use. The purpose is to qualify supervisors for determining when reasonable suspicion testing is needed.
The FMCSA does not certify trainers or training companies, nor does it pre-approve the curriculum presented. Employers are responsible for meeting the training requirement of 49 CFR 382.603 including ensuring that any training company/entity that they purchase training from provides training in the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. It is up to the employer to select which training to attend, keeping in mind the aforementioned guidelines.
$717,324 Penalty for EPCRA Reporting Violations
Tenaris Global Services, (USA) Corp., a manufacturer and supplier of steel pipe products for the oil and energy industry, has agreed to pay $717,324 in civil penalties to settle violations of environmental regulations at seven facilities related to the public reporting of toxic chemicals at its facilities in Louisiana, Texas, and Arkansas.
“These laws are in place to protect workers, emergency responders and the community in the event of an accidental release or fire,” said Regional Administrator, Al Armendariz. “Without accurate information, local officials can’t make informed decisions and people don’t know what to do.”
The company failed to report quantities of chemicals on site that were manufactured, processed, or otherwise used at the facility during 2005-2008. The regulated chemicals included lead, manganese, nickel, nitrate compounds, xylene, chromium, nitric acid, glycol ethers, and zinc compounds.
Companies are required to report these chemicals each year.
The following facilities were levied fines:
- Hydril Company, McCarty Manufacturing Plant, Houston, Texas, $141,344
- Hydril Company, Westwego Manufacturing Plant, Westwego, Louisiana, $108,717
- Maverick Tube Corporation, Hickman Facility, Blytheville, Arkansas, $119,422
- Maverick Tube Corporation, Tenaris Conroe Facility, Conroe, Texas, $43,281
- Tenaris Coiled Tubes, Precision Tube Technology, Houston, Texas, $105,661
- Tenaris Coiled Tubes, Subsea Center, Houston, Texas, $34,171
- Maverick Tube Corporation, ARAI facility, Houston, Texas, $164,728
Submission of the annual toxic chemical reports is a requirement of the Emergency Planning and Community Right-to-Know Act (). Under EPCRA regulations, companies are required to submit annual reports to EPA and state authorities listing the amounts of regulated chemicals that are manufactured, processed, or otherwise used at the facility. The reports provide an important source of information to emergency planners and responders, and residents of surrounding communities.
EPCRA was enacted by Congress in 1986 for the protection of the public from chemical emergencies and dangers.
Tanner Industries Cited for Risk Management Violations
The company, based in Southhampton, Pennsylvania, also agreed to pay a $56,700 penalty to settle these claims. The regulations are meant to prevent chemical accidents.
Tanner Industries, which operates ammonia distribution facilities across the country, including one in East Providence, Rhode Island, and one in Inkster, Michigan, is subject to the Clean Air Act’s (CAA) risk management planning requirements because ammonia is an extremely hazardous substance. While Tanner did take some actions to address the risks of an accidental release of ammonia at its facility in Rhode Island, Tanner failed to address the risk associated with the fact that its facility is not staffed except when ammonia is being received or distributed there.
EPA also alleged that Tanner failed to coordinate adequate emergency response plans with local emergency response agencies to ensure that the public would be protected in the event of a release of ammonia.
The new ammonia leak detectors Tanner agreed to install and operate will alert residents in surrounding communities of accidental releases of ammonia. Alarm signals will also be sent to emergency response personnel so that they may address accidental ammonia releases.
The recent agreement involved two separate settlements with EPA regional offices. In a settlement with EPA New England, Tanner agreed to install and operate ammonia leak detection systems at six Tanner facilities: Butner, North Carolina; East Providence, Rhode Island; Tamaqua, Pennsylvania; Philadelphia, Pennsylvania; New Castle, Pennsylvania; and Natalbany, Louisiana. The company also agreed to a $28,350 penalty to settle claims of violating the Clear Air Act at its Rhode Island plant.
In a separate settlement with EPA’s Region 5 office in Chicago, the company agreed to install and operate detectors at eight other Tanner facilities: Lincoln, Alabama; Inkster, Michigan; Belvidere, Illinois; Council Bluffs, Iowa; Neosho, Missouri; Morgantown, West Virginia; Mount Hope, West Virginia; and Fayetteville, North Carolina. This settlement also requires Tanner to pay a penalty of $28,350 for violating the CAA at its Inkster, Michigan plant. Like the East Providence facility, the Inkster plant was only staffed at limited times and failed to coordinate adequate emergency response plans with local agencies to ensure that the public would be protected in the event of a release of ammonia.
Tanner’s East Providence, Rhode Island, facility is about a tenth of a mile from a residential neighborhood, and even closer to other public businesses. The way the facility was operating, according to EPA New England, if an ammonia leak occurred when the facility was un-staffed, a cloud of ammonia gas could have reached surrounding populated areas before emergency responders or neighbors detected it.
Exposure to anhydrous ammonia, which is toxic and corrosive, can result in chemical-type burns to skin, eyes, and lungs. These burns may be serious enough to cause permanent blindness, lung disease, or death.
$38,000 Fine for Filling Wetlands
Camp Clearwater Enterprises, Inc., will pay $38,000 for illegally filling wetlands on its property in White Lake, North Carolina, in violation of the federal CWA. The impacted wetlands are adjacent to Colly Creek, a tributary of the Black River in Bladen County.
“By taking this action, we are sending a strong message about the importance of protecting wetlands across the Southeast,” said Gwendolyn Keyes Fleming, EPA Region 4 Regional Administrator. “Wetlands are important, yet diminishing resources that serve as habitats for critical fish and wildlife and also help control floods, recharge groundwater and capture pollutants.”
From approximately March 2009 through May 2010, Camp Clearwater or those acting on its behalf, illegally discharged fill material into approximately 0.75 acre of wetlands while using earth moving machinery to clear a site for commercial development. Camp Clearwater did not obtain the required CWA Section 404 permit from the U.S. Army Corps of Engineers prior to performing this work.
Congress enacted the CWA in 1972 to protect the nation’s rivers, lakes, and streams, as well as some of the more fragile and vital wetland habitats. . Activities in waters of the United States regulated under this program include fill for development, water resource projects (such as dams and levees), infrastructure development (such as highways and airports) and mining projects. Section 404 requires a permit before dredged or fill material may be discharged into waters of the United States, unless the activity is exempt from Section 404 regulation (e.g., certain farming and forestry activities).
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Trivia Question of the Week
Treating lead-contaminated soil with what material renders the soil virtually harmless?
a. Coal ash
b. Sodium bicarbonate
c. Fish bones
d. Powdered coffee creamer