DOT Revises Hazardous Materials Regulations

October 15, 2012

The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule, such as correcting the spelling of “labelled” to “labeled” are non-substantive changes and do not impose new requirements.

Comment Period Reopens for Emissions Standards for Reciprocating Internal Combustion Engines and Stationary Internal Combustion Engines

 

San Diego, CA RCRA and DOT Training

 

Williamsburg, VA RCRA and DOT Training

 

Orlando, FL RCRA and DOT Training

 

How to Prepare for OSHA’s Globally Harmonized Hazard Communication Standard (GHS)

 

 

Upgrade Your Career: Environmental and Safety Consultant/Trainers

Environmental Resource Center has positions open for environmental and safety consultants at our office in Cary, North Carolina. You must have excellent writing and speaking skills. We currently have openings for a top-notch environmental and safety consultants with expertise in:

  • RCRA hazardous waste regulations
  • DOT/IATA/IMO hazardous material transportation regulations
  • Environmental and safety audits
  • SARA Title III
  • Clean Air and Clean Water Acts
  • OSHA general industry standards
  • Online computer-based training instructional design and implementation

You must have at least 2 years of experience in government or industry environmental and/or compliance and be able to immediately train the subject matter to both novices and experts. Strong consideration will be given to applicants who have experience presenting training on more than three of the topics listed above.

In addition to instructing seminars and on-site training programs, the position includes maintenance of training materials (books, PowerPoints, computer based training), consulting projects, business development, development of future classes, and keeping our customers satisfied.

 

Environmental Resource Center offers a competitive salary based on experience, a 401(k), profit sharing, medical and dental insurance, and other great benefits.

EPA Approves the Texas Air Permitting Program

 The changes, submitted by the Texas Commission on Environmental Quality (TCEQ), increase regulatory certainty and efficiency while ensuring public health and the environment are protected.

The revised plan provides industry with operating flexibility by establishing site-wide emission caps known as Plant-wide Applicability Limits, or PALS, for existing sources. These PALS require continuous monitoring for each of the units included in the cap.

This final action is the result of many months of work by TCEQ and EPA. The final approval of the State’s revised plan not only enhances the clarity and enforceability of State issued permits but also provides industry with flexibility to meet CAA requirements, while ensuring environmental protection. These rules are fully consistent with federal requirements and consistent with NSR reform rules approved by EPA for other States in the country.

Congress established NSR permitting program as part of the 1977 CAA Amendments. NSR is a preconstruction permitting program that protects air quality while allowing for industrial growth. In Texas, NSR permits are legal documents issued by the TCEQ that facility owners/operators must abide by. The permit specifies what construction is allowed, what emission limits must be met, and often how the emissions source must be operated.

Louisiana Field Guide to Environmental Compliance, Innovation Lead to Industry Improvements

With this business sector growing, environmental regulations changing and environmental technology expanding, the field guide is an attempt to help industry officials better understand the complexity of environmental regulations and create a better understanding of what regulations are applicable for certain business practices.

The field guide is just one part of the Environmental Results Program that was implemented in 2008 by the Louisiana Department of Environmental Quality (DEQ) in conjunction with the EPA and the Department of Natural Resources (DNR). The goals for the program included in-depth inspections to create a baseline for compliance with environmental regulations, implementing innovative compliance assistance programs and a streamlined, web-based permitting process.

DEQ began conducting baseline inspections of oil and gas facilities in 2009. The 2011 follow-up inspections showed a 16.9% compliance rate increase with air quality regulations and a 22.8% increase in facilities having the required permit as opposed to operating without a permit. Compliance with water regulations increased 11.7%, while those operating with the necessary permits increased 10%.

The DEQ final report on the program states: “Increased industry compliance rates after application of the compliance assistance tools developed within the ERP indicate that the approach was successful. However, it cannot be determined with certainty whether any one tool was more significant than another in achieving program goals. It is probable that no one tool alone can be credited, but rather the entire program of outreach, face-to-face workshops, the Field Guide development process, and web-based air and water permit applications is responsible.”

AVX Corp. to Pay $366 Million in Settlement, Accelerating Cleanup of New Bedford Harbor Contamination in Massachusetts

 

The settlement paves the way for expedited implementation of the cleanup of the New Bedford Harbor Site at full capacity, providing more rapid protection of public health and the environment in addressing polychlorinated biphenyl (PCB) contaminated sediment in the harbor. PCBs are mixtures of up to 209 individual synthetic chlorinated compounds that are chemically stable, attach onto sediment particles readily and are resistant to biodegradation. PCBs are characterized as a probable carcinogen in humans.

The settlement follows an April 18, 2012, enforcement order issued by EPA to AVX to implement the ongoing cleanup work at the Harbor Site.

The cash-out settlement will be paid to the US and the commonwealth jointly, and retained by EPA for use at the Harbor Site. The settlement provides the US and the commonwealth with funding from AVX Corp., to continue to take action to remediate contamination. This includes dredging PCB-contaminated sediment and disposing the dredged sediment at an appropriately licensed off-site facility, in a confined aquatic disposal cell in the Lower Harbor, and in confined disposal facilities to be built along the shoreline. AVX’s payment resolves its remaining liabilities to pay for the costs of cleanup at the site. If approved by the court, this will be the largest single-site cash settlement in the history of the Superfund program.

The settlement with AVX will provide the bulk of the estimated funding needed to allow EPA to complete the cleanup remedy for the New Bedford Harbor Superfund Site in approximately five to seven years, in contrast to the estimated 40 or more years it would take to complete the remedy under current funding of $15 million per year from the Superfund and payment of $1.5 million per year by the commonwealth.

From the 1940s to the 1970s, AVX’s corporate predecessor, Aerovox Corp., owned and operated what was known as the Aerovox facility, an electrical capacitor manufacturing facility located on the western shore of New Bedford Harbor. The US and the commonwealth have determined that Aerovox discharged hazardous substances, including PCBs, into the harbor, and that Aerovox’s facility was the primary source of PCBs released into the harbor.

In 1983, the New Bedford Site was listed on the EPA’s Superfund National Priorities list, and the US and the commonwealth of Massachusetts filed suit against AVX and other companies for injury to natural resources at the site from releases of PCBs. In 1984, the civil action was amended to include claims on behalf of EPA for recovery of response costs. AVX previously paid $66 million, plus interest, for past and future response costs and natural resource damages at the Harbor Site as a result of a 1992 settlement with the US and the commonwealth. The governments reserved certain rights in that settlement through reopener provisions, which were exercised to bring about this current settlement. In addition, in 2010 AVX entered into a settlement with the US to demolish the Aerovox facility, which was accomplished in 2011, and AVX entered into a separate settlement with the commonwealth to address the remaining contamination at the Aerovox facility.

Under the supplemental consent decree supplementing and modifying the 1992 consent decree, AVX agrees to pay $366.25 million plus interest to settle its remaining liabilities for cleanup at the harbor site.

Sinclair Wyoming Refining Company to Pay $378,000 Penalty, Address Accident Prevention and Preparedness at Refinery

 

Hazardous substances of concern used at the Sinclair refinery include large quantities of propane, butane, and flammable hydrocarbon mixtures. Under the CAA, facilities that utilize hazardous and flammable substances above specified thresholds must develop and submit a risk management plan to assist with emergency preparedness, chemical release prevention, and minimization of releases that occur. In June 2010, EPA Inspectors found that the facility had not adequately implemented those regulations.

Adhesive Manufacturer Settles Clean Air Violations

Westech Aerosol Inc., of Port Orchard, Washington will pay a penalty for risk management violations of the federal CAA, according to a consent agreement with the EPA.

Westech makes adhesives using propane/isobutane, a potentially dangerous, flammable chemical. Few problems happen when propane/isobutane is handled properly and process equipment is maintained; but most accidents occur due to uncontrolled or accidental releases.

Westech uses more than 10,000lb of propane/isobutane. Since January 2007, Westech failed to submit a required Risk Management Plan to EPA, in violation of the CAA Risk Management Program.

Local Emergency Preparedness Committees need access to the most current Risk Management Plan information on the type and quantity of toxic and/or flammable chemicals at facilities and their emergency response capabilities to respond to an accidental release.

Westech has corrected the violations and agreed to pay a $30,000 penalty to EPA.

EPA’s Risk Management Program helps to protect public health and the environment from accidental releases of toxic or flammable chemicals.

Stratton Metals Cited for UST Violations

Stratton Metals has settled alleged violations of underground fuel storage tank regulations, the EPA has announced.

 

EPA cited Stratton Metals for failing to maintain records of release detection testing from October 4, 2009, to March 22, 2012, on two USTs: a 6,000 gallon tank containing diesel fuel and a 2,000-gallon tank containing gasoline. Prior to the inspection, the company indicated that regular testing was conducted but no testing records were available.

As part of the settlement, the company neither admitted nor denied liability for the alleged violations, but certified its compliance with applicable UST regulations. The settlement reflects the company’s cooperation with EPA’s investigation, and good faith compliance efforts.

With millions of gallons of gasoline, oil, and other petroleum products stored in USTs throughout the US, leaking tanks are a major source of soil and groundwater contamination. EPA and state UST regulations are designed to reduce the risk of underground leaks and to promptly detect and properly address leaks which do occur, thus minimizing environmental harm and avoiding the costs of major cleanups.

Environmental News Links

 

Trivia Question of the Week

According to 2012 EPA data, how many coal ash dumps exist in the US?

a. 261
b. 761
c. 1161
d. 2061