DOT Takes Emergency Action to Ensure Safety of Crude Oil Shipments

May 12, 2014

Recently, the US Department of Transportation issued an Emergency Order requiring all railroads operating trains containing large amounts of Bakken crude oil to notify State Emergency Response Commissions (SERCs) about the operation of these trains through their states.

Additionally, DOT’s Federal Railroad Administration (FRA) and Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Safety Advisory strongly urging those shipping or offering Bakken crude oil to use tank car designs with the highest level of integrity available in their fleets. In addition, PHMSA and FRA advise offerors and carriers to the extent possible to avoid the use of older legacy DOT Specification 111 or CTC 111 tank cars for the shipment of Bakken crude oil.

“The safety of our nation’s railroad system, and the people who live along rail corridors is of paramount concern,” said Transportation Secretary Anthony Foxx. “All options are on the table when it comes to improving the safe transportation of crude oil, and today’s actions, the latest in a series that make up an expansive strategy, will ensure that communities are more informed and that companies are using the strongest possible tank cars.”

 

The notification must include estimated volumes of Bakken crude oil being transported, frequencies of anticipated train traffic, and the route through which Bakken crude oil will be transported. The Emergency Order also requires the railroads provide contact information for at least one responsible party at the host railroads to the SERCs. The Emergency Order advises railroads to assist the SERCs as necessary to share the information with the appropriate emergency responders in affected communities.

 

The Department of Transportation continues to pursue a comprehensive, all-of-the-above approach in minimizing risk and ensuring the safe transport of crude oil. FRA and PHMSA have undertaken more than a dozen actions to enhance the safe transport of crude oil over the last ten months. This comprehensive approach includes immediate and long-term steps such as: launching “Operation Classification” in the Bakken region to verify that crude oil is being properly classified; issuing safety advisories, alerts, emergency orders, and regulatory updates; conducting special inspections; moving forward with a rulemaking to enhance tank car standards; and reaching agreement with railroad companies on a series of immediate voluntary actions they can take by reducing speeds, increasing inspections, using new brake technology, and investing in first responder training.

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?
  • Can the rule be applied to uniforms or spill absorbents?
  • How is the new rule impacted by current state regulations?

 

Hilton Head RCRA and DOT Training

 

Orlando RCRA and DOT Training

 

Baltimore RCRA, Transportation, and Hazard Communication Training

 

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.

 

May 13th Twitter Chat: Waters of the US Proposed Rule

Join experts from EPA for a Twitter chat on the proposed rule to clarify Clean Water Act protection for certain types of streams and wetlands. The chat will take place on Tuesday, May 13, 2014 from 1–2 p.m. 

Pre Con Inc. to Pay over $100,000 for Hazardous Waste Violations

 

By inspecting the storage areas weekly, and through monthly monitoring of equipment that comes in contact with volatiles, the company will prevent accidents that could release pollutants into soil, groundwater, surface water, and air.

Pre Con, Inc. has also agreed to pay a $101,375 penalty to settle the alleged violations at its Petersburg facility, which conducts research and development for the production of synthetic fabrics.

RCRA is designed to protect public health and the environment, and avoid costly cleanups, by requiring the safe, environmentally sound storage and disposal of hazardous waste.

The alleged violations included failure to mark, inspect and monitor equipment in contact with hazardous waste solvent, failure to prepare an adequate contingency plan, and improper recordkeeping.

The settlement penalty reflects the company's compliance efforts, and its cooperation with EPA in resolving this matter. As part of the settlement, the company has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA requirements.

EPA Releases EnviroAtlas Ecosystem Mapping Tool

EnviroAtlas is designed for people from all levels of government, professionals, researchers, educators, non-governmental organizations, and anyone interested in considering the benefits or impacts of a decision, such as siting a new road or city park.

“Our health and well-being, our economy and our security depend upon healthy ecosystems,” says Bob Perciasepe, Deputy Administrator of EPA, “By providing EnviroAtlas, which contains a wealth of information for the United States, EPA is helping to ensure that anyone making decisions that may impact ecosystems will have the best available knowledge to build prosperous communities while conserving our natural resources.”

EnviroAtlas can help people learn about ecosystems, and how they provide us with benefits such as clean air and water; opportunities for recreation; and protection from severe weather, such as hurricanes and floods. EnviroAtlas also highlights how ecosystems provide habitats for plants, fish, and wildlife as well as the materials people need to produce food, clothing, shelter, and pharmaceuticals, and provides maps on all of these topics.

EnviroAtlas integrates geospatial data from a variety of sources to allow users to visualize and analyze how decisions impact ecosystems and their ability to provide goods and services. Communities are often faced with difficult decisions, such as trade-offs between transportation, residential, or commercial development and maintaining local wetlands, urban greenspaces, or urban forests. EnviroAtlas helps communities better understand the potential benefits and drawbacks of their decisions by providing data, maps, information and tools to analyze relationships between nature, health and well-being, and the economy.

EnviroAtlas combines hundreds of data layers developed through collaboration between EPA; US Geological Survey; US Forest Service; other federal, state, and non-profit organizations; and several universities. Using powerful web application tools, it lets users generate customized maps and images that show the condition of their local community’s air, water, and landscape; as well as population density and other demographic data. Users can investigate land cover patterns, see how ecosystem services reduce pollution, and view closer to true scale data to compare them across selected communities.

EnviroAtlas is available to anybody with access to a computer and an internet connection. No special software is needed. It is currently not optimized for smartphone or tablet use, but a mobile-friendly version is planned for the future.

Using tools like EnviroAtlas to make informed decisions will help ensure that people can continue to enjoy economic, social, and environmental benefits of ecosystems now and in the future.

Ryder Truck Rental Settles Underground Storage Tank Violations

 

EPA cited the company for not complying with safeguards designed to prevent, detect, and control leaks of petroleum and other hazardous substances from USTs. The alleged violations involved two diesel fuel USTs, each with a 12,000 gallon capacity.

According to EPA, the company failed to conduct required leak detection measures for various periods totaling more than six months, and failed to respond in a timely manner to a suspected fuel leak in 2009. These alleged violations were documented in an EPA inspection in April 2012 as well as subsequent document requests.

As part of the settlement, the company did not admit liability for the alleged violations. The settlement penalty reflects the company’s cooperation with EPA in correcting the alleged non-compliance and resolving this matter.

With millions of gallons of petroleum products and hazardous substances 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 thus minimizing environmental harm and avoiding the costs of major cleanups.

Recent EPA Region 10 Environmental Violations

EPA Region 10 completed nearly 100 environmental compliance and enforcement actions in Alaska, Idaho, Oregon, and Washington from July 1, 2013 through December 31, 2013.

According to the Agency, violations of environmental laws can put public health and the environment at risk. EPA enforces federal environmental laws to protect communities and to keep our region’s air, land, and water clean and healthy. These compliance and enforcement efforts also level the playing field by deterring violators who might otherwise have an unfair business advantage over environmentally compliant facilities and businesses. From July 1, 2013 through December 31, 2013, EPA Region 10 completed the following environmental enforcement actions:

State

 

City

 

Name

 

Violation

 

Penalty

 

Date

 

AK

Anchorage

 

Violated air permits for Arctic oil, gas exploration and drilling (CAA)

$1.1 million

Sept. 2013

AK

Wrangell

 

Violated wastewater permit (CWA)

$45,500

Dec. 2013

AK

N/A

 

Violated wastewater permit (CWA)

$44,473

Dec. 2013

AK

N/A

 

Violated wastewater permit (CWA)

$136,072

Sept. 2013

AK

N/A

 

Violated wastewater permit (CWA)

$94,500

Sept. 2013

AK

Big Lake

Burkeshore Marina

Violated spill prevention and control rules (CWA)

$2,100

July 2013

AK

Elmendorf AFB

 

Violated hazardous waste management rules (RCRA)

$21,245

Sept. 2013

AK

Cantwell

Tsesyu Services

Violated underground storage tank rules (RCRA)

$840

Nov. 2013

AK

Delta Junction

Buffalo Service Center

Violated underground storage tank rules (RCRA)

$210

Oct. 2013

AK

Fairbanks

Tesoro #111

Violated underground storage tank rules (RCRA)

$210

July 2013

AK

Glennallen

Glennallen Fuel

Violated underground storage tank rules (RCRA)

$1,050

Aug. 2013

AK

Healy

McKinley RV Miners Market

Violated underground storage tank rules (RCRA)

$210

Sept. 2013

AK

Palmer

The Green Store

Violated underground storage tank rules (RCRA)

$410

Sept. 2013

AK

Sites across Alaska

 

Violated safe drinking water rules (SDWA)

$332,000

Sept. 2013

AK

Juneau

Alaska Commercial Contractors

Failed to disclose lead-based paint hazards (TSCA)

$32,130

Sept. 2013

AK

Juneau

Van Pool Painting

Failed to disclose lead-based paint hazards (TSCA)

$10,000

Sept. 2013

ID

Nampa

 

Violated hazardous chemical risk management rules (CAA)

$91,352

July 2013

ID

Winchester

 

Violated asbestos rules (CAA)

$21,000

Sept. 2013

ID

Jerome

Davisco Foods International, Jerome Cheese

Violated wastewater permit (CWA)

$304,000

July 2013

ID

Twin Falls

 

Violated wastewater permit (CWA)

$25,000

Nov. 2013

ID

Genesee

City of Genesee

Violated wastewater permit (CWA)

$17,700

Dec. 2013

ID

Rockland

City of Rockland

Violated wastewater permit (CWA)

Comp-liance Order by Consent

July 2013

ID

Rockland

City of Rockland

Violated wastewater permit (CWA)

$9,100

Sept. 2013

ID

Paul

 

Unauthorized discharge (CWA)

$7,500

July 2013

ID

Paul

Amalgamated Sugar company

Unauthorized discharge (CWA)

Comp-liance Order by Consent

July 2013

ID

Caldwell

JR Simplot Company

Unauthorized discharge (CWA)

Comp-liance Order by Consent

Aug. 2013

ID

St Maries

City of St Maries

Violated wastewater permit (CWA)

$8,100

Sept. 2013

ID

Caldwell

JR Simplot Company

Unauthorized discharge (CWA)

$10,000

Sept. 2013

ID

Marsing

Amvac Chemical Corporation

Sold mislabeled pesticides (FIFRA)