DOT Temporarily Reduces Hazmat Registration Fees

The DOT is required to adjust the amount of the annual registration fee to account for any unexpended balance in the Hazardous Materials Emergency Preparedness (HMEP) Fund. Due to an unexpended balance that has accumulated in the Fund, the DOT’s Pipeline and Hazardous Material Safety Administration (PHMSA) is lowering the registration fees for registration year 2013-2014 for persons that transport or offer for transportation in commerce certain categories and quantities of hazardous materials.

For registration year 2013-2014 the fee for a small business or not-for-profit organization is revised to be $125 (plus a $25 processing fee), and for all other businesses the fee is $1300 (plus a $25 processing fee). After the 2013-2014 registration year, the registration fees will return to 2012-2013 registration year levels.

 

Hilton Head RCRA and DOT Training

 

Orlando RCRA and DOT Training

 

Baltimore RCRA, DOT, IATA/IMO, and GHS HazCom Training

 

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

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.

Environmental Resource Center is offering live online training for you to learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented. 

Job Opening: Waste Management Position at Pennsylvania Pharmaceutical Manufacturer

Provide support to the Director of Waste Management in the overall management, co-ordination, and control of waste management contract activity, across a contract, ensuring that their waste contracts are delivering services that are compliant, sustainable and financially viable. Assist in the oversight and guidance of the sites’ Health and Safety programs on a regional basis. Responsible for the evaluation and development of initiatives to improve waste activities focusing on sustainability to support client Sustainability goals.

Qualifications and requirements include a Bachelor’s Degree, one year of basic management experience, 2 years in waste and environmental operations management or a related field. 

EPA Announces Regional Administrator for Region 8 Office in Denver

EPA acting administrator Bob Perciasepe recently announced President Barack Obama’s selection of Shaun McGrath as regional administrator for EPA’s regional office in Denver. EPA Region 8 includes Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming, and 27 Tribal Nations.

“Shaun McGrath has a proven track record and broad experience leveraging environmental results in both the private and public sector,” said Perciasepe. “His leadership, expertise, and his ability to understand the issues facing state and local governments will be valuable assets as we move forward with our partners in the Mountains and Plains states.”

Shaun joins EPA from Wheelhouse Associates, where he co-led the policy, program, and technology integration company’s efforts to help governments advance clean energy and environmental goals. Prior to his current position, he served as the executive director of the American Solar Energy Society in Boulder.

Shaun’s private-sector success is complemented by considerable experience in all levels of government. Shaun began his career assisting Kansas companies interested in exporting their products and services to Europe as the trade manager for the Kansas Department of Commerce European Office. Later he served on the Boulder City Council for four years, and was elected mayor of Boulder in 2007. He spent more than a decade working with the Western Governors’ Association, serving as a program director on a number of environmental issues including climate adaptation, water and drought. Shaun has also worked on the federal level as deputy director of White House intergovernmental affairs, where he was the principal liaison and point of contact in the White House for the nation’s governors.

EPA regional administrators are responsible for managing the Agency’s regional activities under the direction of the EPA administrator. They promote state and local environmental protection efforts and serve as a liaison to government officials. Shaun is expected to begin his role as regional administrator in May.

USDA and EPA Release New Report on Honey Bee Health

The US Department of Agriculture (USDA) and EPA recently released a comprehensive scientific report on honey bee health. The report states that there are multiple factors playing a role in honey bee colony declines, including parasites and disease, genetics, poor nutrition, and pesticide exposure.

“There is an important link between the health of American agriculture and the health of our honeybees for our country’s long term agricultural productivity,” said Agriculture Deputy Secretary Kathleen Merrigan. “The forces impacting honeybee health are complex and USDA, our research partners, and key stakeholders will be engaged in addressing this challenge.”

“The decline in honey bee health is a complex problem caused by a combination of stressors, and at EPA we are committed to continuing our work with USDA, researchers, beekeepers, growers and the public to address this challenge,” said Acting EPA Administrator Bob Perciasepe. “The report we’ve released today is the product of unprecedented collaboration, and our work in concert must continue. As the report makes clear, we’ve made significant progress, but there is still much work to be done to protect the honey bee population.”

In October 2012, a National Stakeholders Conference on Honey Bee Health, led by federal researchers and managers, along with Pennsylvania State University, was convened to synthesize the current state of knowledge regarding the primary factors that scientists believe have the greatest impact on managed bee health.

Key findings include:

Parasites and Disease Present Risks to Honey Bees:

• The parasitic Varroa mite is recognized as the major factor underlying colony loss in the US and other countries. There is widespread resistance to the chemicals beekeepers use to control mites within the hive. New virus species have been found in the US and several of these have been associated with Colony Collapse Disorder (CCD).

Increased Genetic Diversity is Needed:

• US honeybee colonies need increased genetic diversity. Genetic variation improves bees thermoregulation (the ability to keep body temperature steady even if the surrounding environment is different), disease resistance and worker productivity.
• Honey bee breeding should emphasize traits such as hygienic behavior that confer improved resistance to Varroa mites and diseases (such as American foulbrood).

Poor Nutrition Among Honey Bee Colonies:

• Nutrition has a major impact on individual bee and colony longevity. A nutrition-poor diet can make bees more susceptible to harm from disease and parasites. Bees need better forage and a variety of plants to support colony health.
• Federal and state partners should consider actions affecting land management to maximize available nutritional forage to promote and enhance good bee health and to protect bees by keeping them away from pesticide-treated fields.

There is a Need for Improved Collaboration and Information Sharing:

• Best Management Practices associated with bees and pesticide use, exist, but are not widely or systematically followed by members of the crop-producing industry. There is a need for informed and coordinated communication between growers and beekeepers and effective collaboration between stakeholders on practices to protect bees from pesticides.
• Beekeepers emphasized the need for accurate and timely bee kill incident reporting, monitoring, and enforcement.

Additional Research is Needed to Determine Risks Presented by Pesticides:

• The most pressing pesticide research questions relate to determining actual pesticide exposures and effects of pesticides to bees in the field and the potential for impacts on bee health and productivity of whole honey bee colonies.

Those involved in developing the report include USDA’s Office of Pest Management Policy (OPMP), National Institute of Food and Agriculture (NIFA), Agricultural Research Services (ARS), Animal and Plant Health Inspection Service (APHIS), Natural Resource Conservation Service (NRCS) as well as the EPA and Pennsylvania State University. The report will provide important input to the Colony Collapse Disorder Steering Committee, led by the USDA, EPA and the National Agricultural Statistics Service (NASS).

An estimated one-third of all food and beverages are made possible by pollination, mainly by honey bees. In the United States, pollination contributes to crop production worth $20-30 billion in agricultural production annually. A decline in managed bee colonies puts great pressure on the sectors of agriculture reliant on commercial pollination services. This is evident from reports of shortages of bees available for the pollination of many crops.

The Colony Collapse Steering Committee was formed in response to a sudden and widespread disappearance of adult honey bees from beehives, which first occurred in 2006. The Committee will consider the report’s recommendations and update the CCD Action Plan which will outline major priorities to be addressed in the next 5-10 years and serve as a reference document for policy makers, legislators, and the public and will help coordinate the federal strategy in response to honey bee losses.

New Battery Design Could Help Solar and Wind Power the Grid

Researchers from the US Department of Energy’s (DOE) SLAC National Accelerator Laboratory and Stanford University have designed a low-cost, long-life “flow” battery that could enable solar and wind energy to become major suppliers to the electrical grid.

The research, led by Yi Cui, a Stanford associate professor and member of the Stanford Institute for Materials and Energy Sciences, is a product of the new Joint Center for Energy Storage Research (JCESR), a DOE Energy Innovation Hub. Led by Argonne National Laboratory, with SLAC as major partner, JCESR is one of five such Hubs created by the Department to accelerate energy research and was established last November.

“This important early result from JCESR points to the value of mobilizing top researchers in a concerted effort to tackle major energy challenges,” said Patricia M. Dehmer, Acting Director of DOE’s Office of Science, which supports JCESR. “It also shows the potential for significant progress in batteries and energy storage through transformative scientific research.”

While solar and wind make a substantial contribution to the nation’s energy supply, they also create significant power fluctuations, which can sometimes exceed the tolerances of the electrical grid. “Flow” batteries, such as developed by Cui’s group, can smooth those fluctuations.

Their new flow battery uses a simplified, less-expensive design than other batteries, which may improve its scalability and cost-effectiveness. In laboratory tests, it also demonstrated excellent energy-storage performance through the equivalent of more than 5 ½ years of daily charge and discharge cycles. The result was reported in the journal Energy & Environmental Science.

Going forward, Cui’s group plans to make a laboratory-scale system to optimize its energy storage process and identify potential engineering issues. It also plans to start discussions with potential hosts for a full-scale field-demonstration unit.

New York DEC Sewage Pollution Right-to-Know Act Goes into Effect

The first phase of the Sewage Pollution Right to Know Act, a New York State Department of Environmental Conservation system for collecting discharge reports of untreated and partially treated sewage from public wastewater systems, just went into effect. The law, signed by Governor Andrew Cuomo on August 9, 2012, changes the requirements for reporting untreated or partially treated sewage discharges, also known as bypasses, from publicly owned treatment works and imposes new reporting requirements for publicly owned sewer systems and combined sewer overflows.

“The Sewage Pollution Right to Know Act protects New Yorkers by making them aware when discharges to waterways affecting public health occur,” said DEC Commissioner Joe Martens. “This notice allows the general public to make informed decisions about fishing, swimming and recreating in affected waterways. Governor Cuomo’s support of this law further reinforces the Administration’s efforts to provide transparency while protecting residents from potentially coming into contact with polluted waters.”

“The new notification procedures will protect the public from exposure to pollution when a sewage discharge makes it unsafe to use public waters,” said Senator Mark Grisanti, chair, Senate Committee on Environmental Conservation. “Moreover, the reporting data will help us direct resources efficiently and effectively to improve wastewater infrastructure in the future. I would like to extend my thanks to the Governor’s office and the Department and to all the parties that helped make this important law possible.”

“The people of the State of New York have the right to know whether our natural resources are suitable for their enjoyment,” said Assemblyman Robert Sweeney, chair, Assembly Committee on Environmental Conservation. “As a sponsor of this legislation that successfully became law, it is imperative that critical information pertaining to water quality reaches those using our waterways, not just public officials. I thank my colleagues in government, Governor Cuomo and DEC for moving this forward.”

Previously, notification of a discharge by publicly owned treatment works was only provided to DEC and the Department of Health within two hours if the discharge was near a public drinking water in-take, a bathing beach or shellfish beds. All untreated or partially treated sewage discharges from publicly owned treatment works were required to be reported to DEC within 24 hours. Under the new law, notification is required within two hours for all discharges by publicly owned treatment works as well as publicly owned sewer systems. DEC will make the information available to the general public and neighboring municipalities on its website.

DEC is developing regulations for a second part of the law that requires publicly owned treatment works and publicly owned sewer systems to notify the public directly of discharges. DEC plans to release the draft regulations this fall for public comment.

DEC is working with the regulated community and environmental stakeholders to ensure they are aware of the new requirements and that compliance will be achieved. Over the past several months, DEC met with environmental groups and associations representing the wastewater operators to discuss the Sewage Right to Know program. DEC has already sent two mailings to the wastewater operators. This week, DEC will send wastewater operators more information about the law and how to submit a reporting form. DEC will continue to reach out to the regulated community, environmental groups and the public with more detailed information about the regulations, bypass reports and compliance as the regulatory process moves forward.

Operators with questions on reporting requirements can call DEC at 518-402-8177.

Based on this reported information, DEC will prepare an annual report of discharges. 

Ohio EPA Issues Draft Rule for Wetland Mitigation

Ohio EPA is seeking public comments on a draft rule affecting water quality standards for wetlands. Public comments on the draft rule are sought through May 17, 2013.

Water quality standards protect Ohio’s lakes, rivers, streams and other surface waters from pollution. This rulemaking addresses protections put in place for wetlands, setting up water quality criteria for the Director of Ohio EPA to consider when determining whether a lowering of water quality in wetlands would be allowed and what mitigations would be appropriate for water quality impacts.

The changes being considered would implement statutory requirements from Senate Bill 294. This bill allows a fee to be levied in lieu of requiring traditional permittee wetland mitigation or purchasing wetland mitigation bank credits for Section 401 water quality certifications and isolated wetland permits. The rule would set up a defined hierarchy of mitigation preferences when compensatory mitigation is required. The draft rule would require an applicant to use wetland mitigation banks first when available, but also would allow the permittee to pay a fee in lieu of constructing a wetlands mitigation project where wetland mitigation bank credits are not available.

 Ohio EPA will consider all comments before it formally proposes rule changes. When the rule is formally proposed, Ohio EPA will hold a public hearing and offer another public comment period before any changes are adopted.

Harvard University Recognizes EPA Renewable Energy Program as a Top Government Innovation

EPA RE-Powering America’s Land Initiative was recognized as one of the Top 25 Innovations in American Government by Harvard University. The initiative, started at EPA in 2008, encourages development of renewable energy on potentially contaminated lands, landfills and mining sites.

“We are honored that EPA and the RE-Powering Initiative have been recognized for its promotion of innovative land revitalization. The EPA saw an opportunity to return contaminated or potentially contaminated lands to productive reuse while supporting renewable energy development,” said Mathy Stanislaus, assistant administrator for the Office of Solid Waste and Emergency Response. “As President Obama has made clear, investments in American-made renewable energy are vital to our economic security and environmental health.”

The RE-Powering Initiative supports the transformation of liabilities into assets for surrounding communities. Since RE-Powering’s inception, more than 70 renewable energy projects have been installed on contaminated sites or landfills. These early projects represent over 215 MW of installed capacity, which could power approximately 35,000 homes, and provide a foundation for future development as demonstrations of the latest technologies in both renewable energy and remediation design.

The Harvard Innovations Award is funded by the Ford Foundation and administered by the Ash Center for Democratic Governance and Innovation at the John F. Kennedy School of Government at Harvard University. Over 400 government initiatives have been recognized since the Innovations program began in 1985.

“These Top 25 innovations in government offer real, tangible ways to protect our most disadvantaged citizens, educate the next-generation workforce, and utilize data analytics to enhance government performance,” said Stephen Goldsmith, director of the Innovations in Government program at the Ash Center. “Despite diminishing resources, these government programs have developed model innovations that other struggling agencies should be inspired to replicate and adapt to their own communities.”

In 2000, the EPA Brownfields program was recognized as the Innovations in American Government’s overall award winner. Final award selection for this year is anticipated later in 2013.

EPA Strengthens Conflict of Interest Review Process for Science Review Panels

EPA announced that it has improved its conflict of interest review process for contractor-managed peer reviews. EPA has put a new oversight process in place to ensure that contractors follow all existing conflicts of interest guidance and requirements. In addition, EPA will now ensure that the public has the opportunity to review and comment on a peer review panel’s composition when influential scientific documents are being considered

“We are committed to scientific integrity at EPA,” said EPA Acting Administrator Bob Perciasepe. “Improving the contract-managed peer review process and increasing transparency will lead to stronger science at the agency.”

This revised process will apply to all future technical documents designated as Influential Scientific Information or Highly Influential Scientific Assessments where independent peer reviews will be conducted by panels selected and managed by independent contractors. For future peer review panels, EPA will now publish the names, principal affiliations and resumes of candidates being considered for the panel. Members of the public will be able to provide comments on the candidates for a period of at least three weeks.

After selecting the final peer review panel, the contractor will consult with EPA to review whether the contractor followed existing conflicts of interest guidance and requirements, and identify and provide input on any issues. In addition, the names of the final peer review panel members will be posted publicly before the meeting takes place. This process will ensure that existing conflicts of interest guidance and requirements are applied correctly and where a potential conflict of interest is identified, allow EPA to determine whether the contractor’s plan to address the conflict is acceptable. The new process does not change EPA’s existing standards for determining conflicts of interest.

USGS Topo Data on the Go

Android and iPhone users can now use their mobile devices as digital topo maps, leveraging USGS maps together with the power of GPS to zoom in on their precise location while hiking, biking, running, or any other activity that benefits from precision navigation. The type of data that are available includes USGS imagery and topographic maps from The National Map, as well as road and contour layers.

 

These “mobile atlases” can be built over any area of interest at multiple scales, and when completed, the small file is moved to the phone. The “mobile atlases” enable GPS applications on both iPhone and Android mobile devices. By storing this small amount of data on the phone, these mobile atlases ensure the topographic data is available even when cell coverage is not.

Users of mobile devices can use USGS data on their GPS-enabled phones to track their adventure or workout. This capability is new, and promises to increase awareness and use of USGS data and services, as well as increase demand for US Topos.

To use TNM data on your Android device:

• Install either OruxMaps or AlpineQuest via Google Play App Store
• USGS TNM data is available through these two applications as a dynamic, online layer
• Switch map sources to view either TNM Topo or Satellite data through the application
•  
•  

To use TNM data on your iOS device:

•  
• Build offline map file(s) on MOBAC (instructions below)
• Move files to iPad or iPhone

To build map files that will allow an Android or iPhone to use USGS TNM data when data connectivity is not available:

• Download the MOBAC desktop application 
• Unzip the downloaded file, and activate the “Mobile Atlas Creator.exe” file
• Users can then indicate the mobile application they are using (Galileo, AlpineQuest, etc.), and highlight an area of interest to build an offline map file
• Select the appropriate scales
• Select “Create Atlas”, and move resulting folder (and map data) to the appropriate folder on the mobile phone
•  

The USGS National Geospatial Technical Operations Center (NGTOC) is continuing to work with mobile developers, to ensure topographic data are available to the public.

North Country Gas Station Owners to Install Equipment to Prevent Ground Water Pollution

The owners of nine gas stations in New York State’s North Country will spend a minimum of $112,000 to improve how their gas stations detect leaks as the result of an agreement with the EPA. Adirondack Energy Products, Inc., and its affiliated companies will also pay a $46,000 fine under the agreement, which addresses their failure to comply with federal laws regarding the proper maintenance and operation of underground petroleum storage tank systems. When not properly maintained, underground storage tanks can pose threats to soil, surface water and ground water.

“Gas station owners have a responsibility to regularly monitor their underground storage tanks to protect against potential leaks of petroleum,” said EPA Regional Administrator Judith A. Enck. “Leaking tanks can contaminate ground water, putting people and the environment at risk.”

In addition to paying penalties, the agreement requires all facilities owned by Adirondack Energy Products, Inc. and its affiliated companies to come into full compliance with the regulations. The companies own gas stations in Plattsburgh, Massena, Malone, Moira and Canton, New York.

Adirondack Energy Products, Inc. and its affiliated companies will remove conventional leak detection devices from the nine gas stations and replace them with more technologically-advanced leak detection equipment. This equipment will collect all leak detection data and then electronically transmit it to handheld mobile devices carried by the companies’ Environment, Health, and Safety Officer and Systems and Equipment Manager. Under the agreement, the companies will also hire a third-party contractor to conduct an environmental compliance audit at each of the nine gas stations, and hire a contractor to conduct a seminar to educate other owners and operators of underground storage tanks about federal regulations.

In a separate action, the EPA reached an agreement earlier this year with the United Refining Company to settle alleged violations involving seventeen underground storage tanks at six stations in Western New York. Under the terms of the agreement, United Refining will pay a fine of $24,000 and has agreed to operate its underground tanks in full compliance with the law.

Company Must Repay the EPA for Costs to Clean Up Asbestos

EPA recently announced a legal agreement with D.S.C. of Newark Enterprises, Inc., to obtain $1.6 million spent by the EPA to clean up the Friction Division Products site in Lawrenceville, New Jersey. The site was formerly home to Friction Division Products, Inc., and was abandoned by the company when it shut down the business. Friction Division Products filed for bankruptcy and D.S.C. of Newark Enterprises was the owner of the site. The property was littered with asbestos material, acids, flammable materials, waste oil, solvents, and metal compounds. In 2007, the EPA cleaned up the abandoned automotive brake pad manufacturing facility and the settlement announced recently repays the EPA for a large portion of that work.

“The Superfund program operates on the principle that polluters, not taxpayers should pay for the cleanups,” said EPA Regional Administrator Judith A. Enck. “The EPA works hard to recover taxpayer dollars spent on the cleanup of abandoned and polluted sites. In this instance, more than 90% of the costs will be repaid through the agreement.”

At the Friction Division Products site, the EPA removed up more than 800 drums and containers, including dozens of drums of unknown materials. The process included taking an inventory of the chemicals and categorizing them through sampling. They were then sorted for disposal at a licensed facility. Additionally, the EPA identified and disposed of approximately 70 tons of asbestos-containing material generated from the grinding of brake pads.

From the early 1960s to 1996, automotive brake parts were manufactured at the site by two companies, most recently Friction Division Products. In 2006, New Jersey Department of Environmental Protection requested the EPA’s assistance in addressing the threat posed by the abandoned chemicals. The EPA secured the site and began the cleanup after discussions with the company to carry out the work failed to result in a cleanup.

Superfund is the federal cleanup program established by Congress in 1980 to investigate and clean up the country’s most hazardous waste sites. When sites are addressed under the Superfund program, the EPA looks for parties responsible for the pollution and requires them to pay for the cleanups.

Rhode Island Boatyard to Reduce Air Emissions and Pay Penalty

 

In addition to paying the financial penalty, New England Boatworks, Inc., which repairs and paints vessels at its boatyard in Portsmouth, will obtain a Clean Air Act permit from the State of Rhode Island that caps the facility’s emissions of volatile organic compounds (VOCs) and requires use of paints and other coatings that meet low-VOC standards. New England Boatworks will also comply with applicable recordkeeping and certification requirements.

 

Under its permit, the company will use low-VOC solvents and paints that comply with regulatory limits for VOCs. In addition, the company will use paint spray guns with high transfer efficiencies, implement best work practices to minimize VOC emissions from painting and cleanup, and implement required recordkeeping and reporting requirements.

Virginia Co. to Pay Penalty, Improve Systems to Prevent Potential Oil Spills

English Construction Company has agreed to prepare and implement oil spill prevention plans and pay a $17,289 penalty to settle alleged violations of federal oil spill prevention regulations at its construction facility at 113 Main Street in Hurt, Virginia, the EPA announced recently.

Under the Clean Water Act, owners of facilities that store 1,320 gallons of oil or more must develop and implement a spill prevention, control, and countermeasure (SPCC) plan. 

During a compliance inspection at the Hurt facility, EPA inspectors found that the company failed to prepare an SPCC plan. In addition, EPA alleged that English Construction failed to conduct required testing and visual inspections of oil storage containers, failed to put in place facility drainage safeguards, or to adequately train personnel to operate and maintain equipment for preventing oil spills.

An accidental oil spill into sewers and waterways can pose threats to people’s health and the environment. English Construction’s SPCC plans will prevent potential oil spills into nearby Roanoke River.

Costs associated with spill prevention plans are often much less than costs for cleaning up spills that occur.

EPA’s penalty takes into account English Construction’s efforts in resolving the alleged violations, and that the company is now complying with applicable SPCC regulations.

EPA Takes Action Against Violators of the Lead Renovation, Repair, and Painting Rule

The RRP rule protects homeowners and tenants from dangerous lead dust that can be left behind after common renovation, repair, and painting work. It requires that contractors and subcontractors be properly trained and certified, and use lead-safe work practices to ensure that lead dust is minimized. Lead exposure can cause a range of health effects, from behavioral problems and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing.

“Using lead-safe work practices is good business and it’s the law,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “EPA is taking action to enforce lead rules to protect people from exposure to lead and to ensure a level playing field for contractors that follow the rules.”

The enforcement actions address serious violations of the RRP rule, including fourteen actions where the contractor failed to obtain certification prior to performing or offering to perform renovation activities on pre-1978 homes, where lead is more likely to be present. Other alleged violations included failure to follow the lead-safe work practices, which are critical to reducing exposure to lead-based paint hazards.

The 17 enforcement actions listed below include 14 administrative settlements assessing civil penalties of up to $23,000. These settlements also required the contractors to certify that they had come into compliance with the requirements of the RRP rule. Additionally, EPA filed three administrative complaints seeking civil penalties of up to the statutory maximum of $37,500 per violation. 

Enforcement actions:

• Groeller Painting, Inc. of St. Louis, Missouri
• Albracht Permasiding and Window, Co. of Omaha, Nebraska
• Midwest College Painters, LLC of Bloomfield Hills, Michigan
• ARK Property Investments, LLC of Richmond, Indiana
• Henderson & Associates Services of Largo, Florida
• Home Resources Management, LLC of Columbia, Tennessee
• Camaj Interiors & Exteriors of Jacksonville, Florida
• Cherokee Home Improvements, LLC of Church Creek, Maryland
• Window World of Harford located in Belair, Maryland
• EA Construction and General Contracting of West Chester, Pennsylvania
• Roman Builders of Morton, Pennsylvania
• Accolade Construction Group, Inc. of New York, New York
• PZ Painting of Springfield, New Jersey
• Creative Renovations of Brooklyn, New York
• Reeson Construction of Webster, New Hampshire
• New Hampshire Plate Glass Corporation of Portsmouth, New Hampshire
• CM Rogers Handyman of Manchester, New Hampshire

Rhode Island Company Pays $198,500 for Clean Air Violations

The Moore Company, based in Providence Rhode Island, will pay a civil penalty of $198,500 for Clean Air Act violations at its facility in Brattleboro, Vermont. The “Fulflex” facility manufactures and distributes natural and synthetic rubber and elastic tapes, threads, sheets, and rings for use in a broad range of products.

The facility violated various conditions of their federally enforceable air permit issued by the Vermont Department of Environmental Conservation (VTDEC), pertaining to the operation and maintenance of its emissions control system and record keeping, as well as an emission limitation established by the permit for particulate matter. Additionally, they violated federal regulations encouraging the recapture and recycling of listed refrigerants during the service, maintenance, and repair of covered appliances.

The violations resulted in a release of particulate matter above the permitted limit and made compliance monitoring difficult for VTDEC and EPA, regarding whether the facility properly serviced its refrigerant system and determine whether chlorofluorocarbons were released to the environment.

Central Valley Water Board Executive Officer Issues $63,000 in Complaints for Water Quality Violations

 

The Executive Officer of the Board has issued $63,000 in Administrative Civil Liability Complaints (ACLC) for assessment of mandatory minimum penalties (MMPs) for the facilities.

• The City of Colusa faces $3,000 in MMPs for two violations of the copper effluent limit. The violations occurred between January 2010 and December 2012. Treated municipal wastewater is discharged to Powell Slough, which is a tributary to the Colusa Trough, the Colusa Basin Drain, and the Sacramento River.
• The Olivehurst Public Utility District was assessed $6,000 for five violations of the coliform effluent limit, one violation of the nitrate limit, and one violation of the organochlorine limit. The violations occurred between December 2007 and December 2012. Treated municipal wastewater is discharged to the Western Pacific Interceptor Drainage Canal, which is a tributary to the Bear River.
• The River Highlands Community Services District and Yuba County were assessed $15,000 for eight violations of the turbidity, coliform, ammonia, and settleable solids effluent limits. These violations took place between January 2008 and December 2012. Treated wastewater is discharged to Sanford Creek, which is a tributary of the Yuba River.
• The TNC Holding Company was assessed $3,000 for two violations of the iron and nitrate effluent limits from its sturgeon farm. The violations took place between July 2010 and December 2012. Treated wastewater from the fish farm is discharged to the Cosumnes River.
• Yuba City was assessed $6,000 for two violations of its settleable solids and diazinon effluent limits. The violations took place between March 2011 and December 2012. Treated wastewater is discharged to the Feather River.
• The Town of Discovery Bay was assessed a penalty of $27,000 for 12 violations of the coliform effluent limit and two violations of the electrical conductivity limit. The violations took place between March 2011 and February 2013. Treated wastewater is discharged to Old River, which is a tributary to the Sacramento-San Joaquin River Delta.
• The Ironhouse Sanitary District in Contra Costa County was assessed $3,000 for failure to submit one monitoring report in a timely manner. The violation took place between June 2008 and November 2012. Treated wastewater is discharged to the San Joaquin River.

The Central Valley Regional Water Quality Control Board is a California state agency responsible for the preservation and enhancement of quality in water resources. The Board may consider the complaints at its regular public board meeting on July 26 or 27, 2013.

BP Reservoir Place Penalized $11,500 for Failure to Report a Large Release of Diesel Fuel

The Massachusetts Department of Environmental Protection (MassDEP) penalized BP Reservoir Place, LLC, of Waltham, $11,500 for failing to report an estimated 100-gallon diesel fuel spill on July 28, 2012, that occurred during the re-fueling of an emergency generator. A contractor working for the real estate investment trust located at 1601 Trapelo Road noted the spill. Workers then took steps to prevent the fuel from reaching the storm drain, but failed to report the spill to MassDEP within two hours, as required.

Three days later, on July 31, 2012, an anonymous report to the National Response Center (NRC), alerted MassDEP of the release. MassDEP inspected the site later that day, where the property manager indicated the release was initially believed to be approximately five gallons, but would ultimately be revised upwards to approximately 100 gallons, based on investigation of records and interviews with the cleanup workers.

“The failure to report this spill is inexcusable,” said Eric Worrall, director of MassDEP’s Northeast Regional Office in Wilmington. “The company that caused this spill had a clear responsibility to report these releases to ensure the protection of public health and safety, and that impacts to the environment were adequately addressed.”

BP Reservoir Place has agreed to submit to MassDEP within 45 days an oil-and-hazardous material release reporting and response plan that will subsequently be utilized by the company to train its employees on the reporting of spills, on conducting spill cleanup and on the need to document compliance.

MassDEP has agreed to suspend $6,500 of the penalty provided the company meets the requirements and has no further violations over the next year.

MassDEP is responsible for ensuring clean air and water, safe management and recycling of solid and hazardous wastes, timely cleanup of hazardous waste sites and spills, and the preservation of wetlands and coastal resources.

New Mexico Residents Alerted to Risks Associated with Dust Storms

The New Mexico Environment Department, in consultation with the National Weather Service, expects high wind conditions for portions of the state on Tuesday and especially Wednesday and Wednesday night as a strong late season cold front sweeps the state from north to south. The strong winds could cause dust storms, particularly in the northwestern region of the state as well as on the eastern plains. Strong east canyon winds along the middle and lower Rio Grande Valley Wednesday night into Thursday may result in dust impacts, as well. Dust storms result in elevated levels of airborne particulate matter 10 microns or less in size, which is about 1/7 the diameter of a human hair.

Due to the current drought and very dry soil conditions, there is more potential for blowing dust than usual for the entire state even in lower wind conditions.

The Environment Department realizes that although dust storms are common in New Mexico and are inherent to arid climates, inhaling dust can cause a number of serious health problems and can make some health problems worse. It can irritate the lungs and trigger allergic reactions, as well as asthma attacks. For people who already suffer from these conditions, dust can cause serious breathing problems. Dust can also cause coughing, wheezing and runny noses. Breathing large amounts of dust for prolonged periods can result in chronic breathing and lung problems.

Breathing too much dust can potentially harm anyone. However, the following groups run the highest risk of being adversely affected by a dust storm:

• Infants, children, and teens
• The elderly
• People with respiratory conditions like asthma, bronchitis, COPD and emphysema
• People with heart or lung disease
• Pregnant women

The best precaution to take during a dust storm is simply to avoid going outside. If you must go outside, spend as little time outside as possible, avoid hard exercise, and wear some type of covering over the nose and mouth to provide protection from larger dust particles.

Environmental News Links

Trivia Question of the Week

How many National Parks in the US restrict the sale of disposable water bottles?

a. 75%

b. 50%

c. 25%

d. 5%