The US Department of Transportation recently released the details of its comprehensive rulemaking proposal to improve the safe transportation of large quantities of flammable materials by rail—particularly crude oil and ethanol—in the form of a Notice of Proposed Rulemaking (NPRM) and a companion Advanced Notice of Proposed Rulemaking ().
The NPRM proposes enhanced tank car standards, a classification and testing program for mined gases and liquids and new operational requirements for high-hazard flammable trains (HHFT) that include braking controls and speed restrictions. Specifically, within two years, it proposes the phase out of the use of older DOT 111 tank cars for the shipment of packing group I flammable liquids, including most Bakken crude oil, unless the tank cars are retrofitted to comply with new tank car design standards. The ANPRM seeks further information on expanding comprehensive oil spill response planning requirements for shipments of flammable materials. Given the urgency of the safety issues addressed in these proposals, PHMSA does not intend to extend the comment period.
“Safety is our top priority, which is why I’ve worked aggressively to improve the safe transport of crude oil and other hazardous materials since my first week in office,” said Secretary Foxx. “While we have made unprecedented progress through voluntary agreements and emergency orders, today’s proposal represents our most significant progress yet in developing and enforcing new rules to ensure that all flammable liquids, including Bakken crude and ethanol, are transported safely.”
PHMSA will concurrently publish an ANPRM on oil spill response plans, specifically current thresholds and their applicability to rail, in part in response to an NTSB recommendation issued in January 2014.
In addition to issuing the NPRM and ANPRM, PHMSA concurrently released a report summarizing the analysis of Bakken crude oil data gathered by PHMSA and FRA between August 2013 and May 2014. The data show that crude oil from the Bakken region in North Dakota tends to be more volatile and flammable than other crude oils. Collected as part of Operation Classification, a joint PHMSA and Federal Railroad Administration (FRA) effort, the data were initially gathered to verify that crude oil was being properly classified in accordance with federal regulations, and evolved to include more robust testing to better understand the characteristics of the product.
The safety risk presented by transporting Bakken crude oil by rail is magnified both by an increasing volume of Bakken being shipped by throughout the US and the large distances over which the product is shipped. In 2008, 9,500 rail-carloads of crude moved through the US compared to last year, when there were 415,000 rail-carloads. Moreover, on average Bakken crude oil shipments travel over 1,000 miles from point of origin to refineries on the coasts.
Patti Goldman, an attorney for EarthJustice issued the following statement regarding DOT’s proposal. “The Department of Transportation projections show extreme, unacceptable risk posed by an outdated and accident-prone type of rail car, the DOT-111. The Department’s proposal delays reducing this risk by keeping these outdated, accident prone cars on the rails for at least 3–6 more years. “It is estimated that 25 million Americans live in the dangerous blast zone along the nation’s rail lines. Last year alone, there were more accidents than in the total from the 37 years previous. We clearly can’t afford to accept this delay.”
Greensboro RCRA and DOT Training
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EPA’s New Solvent Wipe, Shop Towel Rule Demystified
- Does the rule apply to both cloth and paper wipes and rags?
- What solvents can be on the towels, and which are prohibited?
- Does the rule also apply to towels that contain characteristic hazardous waste?
- Can P or U-listed wastes be on the towels?
- How must the towels be stored on-site?
- Do they need to be tested for anything?
- How long can they be stored?
- How must the containers be marked or labeled?
- How must they be prepared for transportation?
- Where can you ship them and what are the disposal and recycling options?
- What are the documentation requirements?
- How is the new rule impacted by current state regulations?
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.
DOT Issues Safety Advisory on Gas Cylinders Certified by Always Safe Fire Extinguisher and Safety
Investigators from the DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) Office of Hazardous Materials Safety (OHMS) recently conducted a compliance inspection of Always Safe Fire Extinguisher and Safety, LLC (ASFES), 41 Lockwood Avenue, Yonkers, NY 10701. As a result of that inspection, PHMSA determined that ASFES marked an unknown number of high pressure compressed gas cylinders with unauthorized markings. In addition, ASFES did not have the requisite testing equipment and could not provide evidence to demonstrate that high pressure compressed gas cylinders were properly requalified in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
ASFES was never approved by PHMSA to either requalify or mark DOT-specification or special permit cylinders as being requalified. The evidence suggests that ASFES stamped the month (2 digits) and year (2 digits) separated by a star, on DOT high pressure gas cylinders. Only high pressure cylinders serviced by ASFES bearing these markings are affected.
If the requalification is not performed in accordance with the HMR, or in accordance with the applicable special permit, a cylinder with compromised structural integrity may not be detected and may be returned to service when it should be condemned. Extensive property damage, serious personal injury, or death could result from rupture of a cylinder.
If DOT-Specification or DOT-Special permit cylinders have been serviced from ASFES from calendar years 2008 to present day, and have the marking described above (i.e., 2-digit month—star—2-digit year), these cylinders may not have been properly tested as prescribed by the HMR or by the applicable special permit. These cylinders should be considered unsafe and not authorized for the filling of hazardous material unless the cylinder is first properly tested by an individual or company authorized to requalify DOT specification and special permit cylinders.
Cylinders described in this safety advisory that are filled with an atmospheric gas should be vented or otherwise safely discharged. Cylinders that are filled with a material other than an atmospheric gas should not be vented but instead should be safely discharged. If a cylinder contains a hazardous material other than an atmospheric gas and the testing facility does not have the capability of safely removing the hazardous material, the requalifier must return the cylinder to the origin for proper discharge of the gas. For toxic gases in Hazard Zone A or B, the cylinder must be cleaned in accordance with the procedure described in CGA pamphlet C-10. Prior to refilling or continued use, the cylinders must be taken to a DOT-authorized cylinder requalifier to ensure their suitability for continued service.
Recharging Air Conditioners with Wrong Refrigerant Poses Injury and Fire Risks
EPA is cautioning homeowners, manufacturers of propane-based refrigerants, home improvement contractors, and air conditioning technicians of the safety hazards related to the use of propane in existing motor vehicle and home air conditioning systems.
These refrigerants are being marketed to consumers seeking to recharge existing home and motor vehicle air conditioning systems that were not designed to use propane or other flammable refrigerants. These refrigerants have never been submitted to EPA for review of their health and environmental impacts and are not approved for use in existing air conditioning systems.
Using propane-based refrigerant in an air conditioner that is not designed for flammable refrigerants poses a threat to homeowners as well as service technicians because systems that are recharged with “22a” refrigerants can catch fire or explode resulting in injury and property damage. EPA is investigating instances where propane-based refrigerants have been marketed and used as a substitutes for HCFC-22 (R-22) and will take enforcement actions where appropriate.
EPA Seeks Comments on Potential Revisions to its Risk Management Program
“Chemical safety and security are a shared commitment among government, industry, public interest groups and communities,” said Mathy Stanislaus, assistant administrator for EPA’s Office of Solid Waste and Emergency Response. “We are reaching out to all these partners to ask for their suggestions and comments to help us improve the Risk Management Program, and in turn improve safety and security of chemical facilities.”
During the 90-day comment period, EPA asks for information and data on specific regulatory elements and process safety management approaches to enhance public health and safety, and aid local fire, police, and emergency response personnel to prepare for and respond to chemical emergencies. The information received will be used when reviewing chemical hazards covered by the RMP and to determine how this program should be expanded to improve chemical facility safety. The RFI does not commit the agency to rulemaking.
EPA’s RFI closely coordinates with the potential changes to OSHA’s PSM program for accident prevention measures.
The RFI addresses potentially updating the list of RMP regulated substances, and adjusting threshold quantities and toxic endpoints based on Acute Exposure Guideline Level (AEGL) toxicity values. The RFI seeks comment on strengthening or clarifying several existing process safety elements under the RMP including compliance audits, maintenance of safety critical equipment, managing organizational changes, emergency response capabilities, and incident investigation. It also seeks comment on adding additional risk management program elements, such as consideration of using inherently safer technology, process safety metrics, automated monitoring of releases, emergency drills, stop work authority, and addressing facility location (siting) risks. Some of the items under consideration were discussed at the public listening sessions held on the EO or in comments received on the January 2014 EO Section 6(a) options for policy, regulations, and standards modernization to improve chemical facility risk management.
Tackling Water, Energy, Environmental Issues on a Global Scale
Turning biomass and carbon dioxide into fuels far cleaner than traditional fossil fuels. Providing water almost everywhere in the world using nanotechnology. These are just two examples of the transformative work that will be presented during the plenary session of the 248th National Meeting & Exposition of the American Chemical Society (ACS), the world’s largest scientific society.
The plenary talks highlight the meeting theme of “Chemistry & Global Stewardship” and feature four of the nearly 12,000 presentations taking place in San Francisco from August 10 to 14. They include world leaders in this area who are providing innovative thinking in policy and science. The session will be held Sunday, Aug. 10, from 3 p.m. to 6:30 p.m. at the Moscone Center.
On the policy side is Heinz Leuenberger, Ph.D., director of the Environmental Management Branch of the United Nations Industrial Development Organization.
“The international chemicals community, from producers to consumers, and from policymakers to the private sector, must come together to ensure its own sustainability,” he says. The major challenge facing this lofty—but attainable—goal is that economic growth is currently intertwined with the use of dwindling natural resources and the considerable damage that humans are doing to the environment, he explains. “The chemicals industry has a historic opportunity to help address this issue through innovation and efficiency gains, as well as through existing and emerging multilateral conventions,” says Leuenberger.
Heading off the issue of unsustainable fossil fuel use, Walter Leitner, Ph.D., chair of Technical Chemistry and Petrochemistry at the Institut f?r Technische und Makromolekulare Chemie, RWTH Aachen University, is turning the search for new sources of carbon fuel on its head. Recently, biomass and carbon dioxide have garnered much attention as alternative sources of fuel, but the growing body of work on these possibilities has focused on taking available materials, such as wood waste or corn, and seeing what kind of fuel can be coaxed from them. In a large interdisciplinary research cluster at RWTH Aachen, Leitner’s group instead engages in a collaboration with combustion engineers to investigate what kind of molecules would make the best carbon fuel. Once they figure that out, they work backward to find the best, most environmentally friendly way to produce them. “Tailor-made fuels can be produced by selective chemical transformations from biomass that does not interfere with the food chain. In the engine, they can hit the emissions sweet spot,” Leitner says. “They burn efficiently with almost no nitrous oxide and no particulate emissions.”
Addressing the problem of how to get safe water to the hundreds of millions of people who currently don’t have access to it, Pedro Alvarez, Ph.D., chair of the Department of Civil and Environmental Engineering at Rice University, says that recent advances in nanoengineered materials have great potential.
Paul Anastas, Ph.D., founder and director of the Center for Green Chemistry & Green Engineering at Yale University, will discuss how molecular design can meet many sustainability challenges, including energy issues, water purification and reducing toxicity of potentially harmful substances.
Washington Air Quality Plan Open for Public Comment
The results of the review showed that Washington’s infrastructure is sufficient to maintain, enforce, and implement federal standards for nitrogen dioxide, ozone, and particle pollution, but the plan needs to be revised.
The proposed revision of the infrastructure plan would add Ecology’s existing requirement to pay permit fees prior to permits being issued. This update will provide citizens and the Environmental Protection Agency the ability to enforce the fee requirement.
EPA Settles Stormwater Case to Protect Richmond Water Quality
In a consent agreement with EPA, Richmond has agreed to pay a $12,000 penalty to settle the alleged violations related to its storm sewer system and notified EPA that the city is now in compliance with the applicable regulations.
Violations included failure to:
- Obtain required industrial stormwater permits for applicable city facilities
- Prevent soluble and erodible materials from exposure to precipitation
- Implement an employee training program to help prevent stormwater pollution
These permits include pollution-reducing best management practices such as spill prevention safeguards, material storage and coverage requirements, runoff reduction measures, and employee training.
As part of the settlement, the city did not admit liability for the alleged violations, but has stated that it is now in compliance with applicable Clean Water Act requirements.
Illinois Clean Water Initiative Adopted
Governor Pat Quinn has signed legislation to help combat flooding across the state and protect Illinois’ drinking water. The legislation makes stormwater management and treatment projects available for state financial assistance following last year’s record rainfall and severe flooding that affected communities across Illinois. At the bill signing in Oak Lawn, Governor Quinn also announced that the community will be taking advantage of $12.7 million in low-interest loans from the assistance program for their local water system improvements. The action is part of Governor Quinn’s agenda to drive the economy forward and protect the environment by modernizing Illinois’ water infrastructure.
“During last year’s record rainfall and flooding, we learned the hard lesson that flash flooding can have devastating effects,” Governor Quinn said. “The Illinois Clean Water Initiative will now be able to help communities be more prepared than ever before in managing stormwater while creating thousands of construction jobs. This legislation will help to prevent flooding and protect our drinking water from pollution.”
The Governor’s $2 billion Clean Water Initiative has helped communities across the state secure low interest loans for drinking and wastewater infrastructure improvements. This new law builds on the overwhelming success of the program. At the bill signing, Governor Quinn also announced that community of Oak Lawn will receive $12.7 million in low-interest loan assistance immediately as part of their nine-project Regional Water System Improvement program. The total $171 million Oak Lawn program will use Clean Water Initiative loans to help fund the majority of the work, with the five-year system improvements creating approximately 1,400 construction jobs.
“Expansion of the Governor’s Clean Water Initiative will provide local governments with the ability to secure low-interest loans for capital projects that will prevent flooding and remove pollutants from stormwater,” Illinois EPA Director Lisa Bonnett said. “Governor Quinn’s expanded $2 billion financing program is making significant improvements in water quality in our state, and has the added benefit of saving money for local residents and creating an additional 28,000 jobs for Illinois citizens.”
"Climate change is already bringing wild, violent swings to our weather that have exposed serious limitations to Illinois' water infrastructure,” Rob Moore of the Natural Resources Defense Council said. “We've seen flooding throughout the state in the last few weeks as heavy rains overwhelmed stormwater systems. It is going to take new ideas and new tools to meet the future challenges facing our drinking water, wastewater and stormwater systems. Thanks to the efforts of the General Assembly and the leadership of Governor Quinn the legislation signed into law emphasizes water efficiency, green infrastructure and other proven techniques that will make Illinois more resilient and prepared for the future."
Senate Bill 2780, sponsored by State Senator Dan Kotowski (D-Park Ridge) and State Representative Elaine Nekritz (D-Northbrook), expands the Governor’s Clean Water Initiative to include stormwater and green infrastructure projects. Expanding the projects eligible for financial assistance through the Clean Water Initiative will allow the IEPA to provide financial assistance to Illinois communities for storm sewers and stormwater-related activities, including green infrastructure. Governor Quinn first proposed the measure in his 2014 State of the State address. The new law takes effect immediately.
“This measure offers resources to cities, villages and towns that will prevent home flooding, improve water quality and create 28,000 local jobs,” Senator Kotowski said. “In light of recent floods throughout Illinois, it is especially critical that we fund projects to improve stormwater treatment.”
“This is an important step as we work in Springfield to embrace cleaner water and a greener Illinois,” Representative Nekritz said. “By treating stormwater more effectively, we improve the quality of life for our residents and work to limit the damage that flooding causes far too often here.”
Impervious surfaces like pavement and compacted terrain, which prevent rain and snowmelt from soaking into the ground, cover many urban and suburban areas and greatly increase the volume and velocity of stormwater runoff. The recent severe flooding events across Illinois demonstrate the need to fund stormwater treatment and storage projects.
In 2013, Governor Quinn signed Senate Bill 1869 which gives Illinois municipalities greater ability to build and invest in innovative stormwater management infrastructure to help mitigate damaging floods such as green roofs, rain gardens, bioswales, tree boxes, porous pavement, native plantings, constructed wetlands, and more. The law expanded an existing law to include these items among the measures a municipality can employ to help prevent flooding.
These projects ensure that facilities are being upgraded to protect our streams and rivers, drinking water supplies, and the environment as a whole. Due to the overwhelming success of the program, Governor Quinn announced in his 2014 State of the State address that he was doubling the available financing to $2 billion.
Seven New England Companies Take Action to Improve Oil Spill Prevention Measures
Seven companies in New England that store and distribute oil have all created or updated spill prevention plans and come into compliance with federal oil pollution prevention laws, thereby ensuring that the local environment in the communities in which they operate are better protected from the potential of a damaging oil spill.
Companies in Massachusetts, Maine, Connecticut, and Vermont have agreed to pay penalties ranging from $3,000 to $9,500 to settle EPA claims that they each violated federal laws meant to prevent oil spills. These settlements were reached under an expedited settlement program whereby EPA agreed to resolve these cases for reduced penalties with companies that were able to quickly correct violations of the Oil Pollution Prevention regulations, had certain minimum storage capacity, and which did not have an accompanying spill.
“Each of these companies stores oils in volumes that require proper contingency planning to prevent spills or minimize damages from spills,” said Curt Spalding, regional administrator of EPA’s New England office. “Companies that store oil have a responsibility to follow the rules designed to protect the public and the environment. Companies storing oil must prepare spill prevention plans in accordance with federal clean water regulations.”
The rules require specific facilities to prepare, amend, and implement SPCC Plans, which are part of the Oil Pollution Prevention regulation.
According to the settlements signed recently by EPA’s New England office, the following companies will pay the penalties listed below:
- Lakeside Oil Co., of Marlborough, Massachusetts, and Richards Oil Co., in Northborough, Massachusetts, paid a combined $4,000 penalty to settle EPA allegations that they did not have a required oil spill prevention plan. Lakeside is a bulk fuel oil storage and distribution facility and Richards Oil Co. has a service garage for oil tanker trucks. The companies are owned by the same individual. Both companies now have fully implemented spill prevention plans.
- LS Starrett of Athol, Massachusetts, paid a $5,400 penalty to settle EPA claims that it did not have a spill prevention plan. The company has now prepared and implemented a spill prevention plan.
- VIP Tour and Charter Bus Co. of Portland, Maine, paid a $4,800 penalty to settle EPA claims that it did not have a spill prevention plan. The company has now prepared and implemented a spill prevention plan.
- Brewer Pilots Point Marine in Westbrook, Maine, a saltwater marina with oil storage and distribution operations paid a $3,200 penalty to settle claims it did not have an adequate spill prevention plan. The company has now prepared and implemented a spill prevention plan.
- Superior Plus Energy Service of Seymour, Connecticut, paid a $9,500 penalty to settle EPA allegations that it did not have an adequate spill prevention plan. The company is now in compliance with spill plan prevention requirements.
- CV Oil of Pittsfield, Vermont, paid a $3,000 penalty to settle EPA claims that it did not have a spill prevention plan. The company prepared and implemented a spill prevention plan.
These cases arise out of a series of inspections over the past two years by EPA’s New England office. Under the federal Oil Pollution Prevention Regulations companies which store more oil than the federal threshold are required to prepare and implement a Spill Prevention, Control, and Countermeasure (SPCC) plan detailing their oil spill prevention, preparedness, and response measures to prevent the release of oil to our nation’s waterways.
Asarco to Pay $40,000 in Civil Penalties for Illegal Wastewater Discharges
The Arizona Department of Environmental Quality announced recently that Asarco, LLC, will pay $40,000 in civil penalties under a consent judgment for illegally discharging more than one million gallons of water mixed with mill tailings into the Gila River in separate incidents two years ago.
The first incident happened in June 2012 near Highway 177 in the Town of Kearny in Pinal County when a water line ruptured at the Asarco Ray Complex’s Belgravia Unit and spilled about 846,000 gallons. In the second incident, in August 2012, a water line ruptured about 50 feet away from the earlier site and about 373,000 gallons were spilled.
ADEQ issued Asarco Notices of Violation on September 6, 2012 and November 11, 2012 for discharging without a permit in violation of the federal Clean Water Act, which is administered by the state under the Arizona Pollutant Discharge Elimination System program. The incidents also caused violations of the state’s surface water quality standards that require the water to be free of oil, grease, and other pollutants that cause a deposit on a shoreline or aquatic vegetation or change the color of the surface water from natural background levels.
At the time of the violations, the Belgravia Unit stored residual mill tailings atop a water supply pipe. Two natural drainages flow through the unit and discharge to the Gila River.
In October 2013, ADEQ negotiated a Consent Order with ASARCO, LLC, which included a compliance schedule to address these incidents and other water quality violations. Activities to address the issues at the Belgravia Unit were completed in April 2014.
“These discharges should have been prevented,” said ADEQ Director Henry Darwin. “Since these incidents ASARCO has made improvements to the Belgravia Unit, which they finished earlier this year, by relocating the tailings and replacing the existing pipeline to prevent future releases.”
The settlement is subject to court approval.
$254,100 Fine for Greenhouse Gas Emissions
The California Air Resources Board recently announced a fine of $254,100 against THUMS Long Beach Company, an offshore oil and gas production operation, for sulfur hexafluoride (SF6) emissions. With a global warming potential of nearly 24,000 times that of carbon dioxide, SF6 is an extremely powerful greenhouse gas (GHG).
“It is imperative that industries conduct operations so that emissions remain within allowable limits,” said Jim Ryden, Chief of the Air Resources Board’s Enforcement Division. “These excess emissions will remain in the atmosphere for 3,200 years.”
SF6 is used in some electric power systems as an insulator and arc quencher for gas insulated switchgear (GIS). ARB’s SF6-GIS regulation establishes emission rate limits for SF6 and requires owners of SF6-GIS equipment to report their emissions each year.
THUMS violated the regulation by submitting an inaccurate report and by exceeding the 2011 SF6 emission rate limit. The company has since eliminated its SF6-GIS equipment, and has no further compliance obligations under the regulation.
Excess GHG emissions disrupt regional climates. There are many effects, which may include increased flooding, droughts and forest fires, altered crop and fish yields, and human health-related problems. To mitigate these changes the California Legislature passed AB32, the California Global Warming Solutions Act, which requires overall reduction of GHGs to 1990 levels by 2020.
$278,000 Penalty for Air Quality Violations Tied to Sales of Cleaning Wipes
The California Air Resources Board has fined international manufacturer and distributor of optical products Carl Zeiss Vision, Inc., $278,000 for selling general-purpose cleaning wipes that violated California’s air quality regulations.
An ARB investigation revealed that for more than three years Carl Zeiss Vision, which has its US headquarters in San Diego, sold cleaning wipes in California that exceeded a volatile organic compound content (VOC) limit of 0.5% for general purpose cleaners.
VOCs are regulated by the ARB because they react with other pollutants under sunlight to form ground-level ozone, a main ingredient in smog. In this case, it is estimated that close to 22 tons of excess VOCs were emitted as a result of sales to consumers.
“ARB is constantly working to ensure that products sold to consumers in California meet the standards for smog-causing chemicals,” said ARB Enforcement Chief Jim Ryden. “By working with manufacturers to reduce VOC emissions we have, to date, successfully reduced statewide emissions by about 230 tons per day compared to 1990 levels.”
Zeiss manufactured and sold a product for cleaning eye glasses called Lens Cleaning Wipes. Additional cleaning claims made on the product label placed it into a general-purpose cleaner category and, as a result, made it subject to the related air-quality regulations.
The case was settled in April 2014 for an initial payment of $240,000, with an additional $38,000 to be suspended for 18 months pending a reformulation attempt. The company has since relabeled packages for the wipes to indicate they are to be used solely on optical glass, a use that is exempted from the VOC limits. The additional payment would be triggered if the company is unsuccessful in reformulating the product.
All monies collected are paid to the California Air Pollution Control Fund, which provides funding for projects and research to improve California’s air quality.
Manufacturer of Indoor Air Purifiers Fined $120,000 for Violations of Air Quality Regulations
The California Air Resources Board has fined Envion, LLC, $120,000 for air quality violations relating to two indoor air cleaner models manufactured and sold by the company.
An investigation by the ARB showed that the Sherman Oaks-based company manufactured, sold, supplied and offered for sale in California indoor air cleaners that did not comply with the state’s “Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices.” These models—an air purifier for the home, Ionic Pro Turbo, and a vehicle air purifier, Ionic Pro Car Ionizer—were sold in California from October 2010 to November 2012.
Ozone is a well-documented air pollutant that can be harmful to public health and individual users. In addition, any indoor air cleaning device not certified by ARB that is advertised or sold via the Internet must display an advisory stating that the product “Does not meet California requirements; cannot be shipped to California.”
“When purchasing air cleaners in California, consumers can look for an ‘ARB certified’ label,” ARB Enforcement Chief Jim Ryden said. “This label informs consumers that the product meets California’s air quality requirements and can be sold in the state. Our underlying goal is to protect public health.”
The settlement agreement, signed by ARB and Envion this spring, indicates that Envion will pay $120,000 into the California Air Pollution Control Fund, which provides funding for projects and research to improve California’s air quality.
Envion cooperated fully with the investigation. Envion took the required steps to obtain certification and both models were certified. The company also has taken steps to ensure future compliance with California regulations.
Rhode Island Air National Guard Agrees to Minimize Air Emissions under EPA Settlement
The Rhode Island Air National Guard will tighten its emissions limits and comply with federal and state air pollution laws at its North Kingstown aircraft repair facility, thereby ensuring that air quality in nearby communities is better protected.
The Rhode Island Air National Guard, 143rd Airlift Wing, has agreed to pay a $39,400 penalty to settle EPA claims that it violated air pollution laws at this facility where it spray paints aircraft parts. As part of the settlement, Rhode Island Air National Guard also agreed to meet more stringent emissions limits for volatile organic compounds (VOCs), to use coating practices that minimize emissions, to cap its annual VOC emissions, and to apply for state air permit.
The Rhode Island Air National Guard conducts general aircraft maintenance, among other things, at this facility. As part of these operations, it has a paint spray booth and four spray guns used to apply coatings that contain VOCs to metal aircraft parts, such as wheels, steering mechanisms, and nose gear.
EPA alleged that the Rhode Island Air National Guard violated air pollution laws by failing to apply for a required New Source Review permit in 2001 before installing a paint spray booth and before buying four spray guns. EPA also alleged that it also violated air pollution laws for coating of metal parts and products by failing to comply with specific certification and recordkeeping requirements.
“Paint spraying operations are regulated to avoid excess emissions of VOCs, which contribute to ground level ozone,” said Curt Spalding, regional administrator of EPA’s New England office. “The actions being taken by the R.I. Air National Guard under this settlement will help protect the air Rhode Islanders breathe.”
Settlement to Help Ensure Safety of Communities Near TRANSFLO Facilities
The EPA and TRANSFLO Terminal Services, Inc., a company that transfers bulk commodities between railcars and trucks, have entered into an administrative agreement requiring TRANSFLO to evaluate if Risk Management Plans are required at any of its 13 facilities in Delaware, Maryland, Pennsylvania, Virginia, West Virginia, and the District of Columbia. Where required, the plans will be implemented at those facilities.
The agreement for TRANSFLO to evaluate if Risk Management Plans are required at 13 of its facilities resulted from alleged violations identified during an inspection by EPA at the TRANSFLO facility in Butler, Pa.
In Butler, TRANSFLO transloads propane, butane and propylene—flammable and hazardous substances. According to EPA, the alleged violations at Butler include failing to have: appropriate procedures to adequately safeguard its liquid propane gas (LPG) transfer equipment; not conducting training to maintain the integrity of the LPG transfer equipment; and not filing a risk management plan in a timely manner.
As part of the settlement, the company did not admit liability for the alleged violations.
TRANSFLO’s operations for potential inclusion in the Risk Management Program are located in:
- Delaware: Wilmington
- Maryland: Baltimore and Hagerstown
- Pennsylvania: Butler, Chester, Philadelphia, and Pittsburgh
- Virginia: Fredericksburg, Portsmouth and Richmond
- West Virginia: Clarksburg, Fairmont and South Charleston
EPA Fines DuPont Chemical Facility $440,000 for Clean Air Act Violations
Hazardous air pollutants may cause serious health effects, such as respiratory effects, birth defects, and cancer.
As a result of the agreement approved by the Court, DuPont will, among other actions, test the emissions from its smoke stack and pay a civil penalty to the federal government of $440,000. After EPA’s inspection, DuPont installed equipment to reduce its emissions of hazardous air pollutants at the facility.
“EPA continues to work to protect the health of people living and working in western New York,” said EPA Regional Administrator Judith A. Enck. “Hazardous air pollutants can damage people’s health and it is imperative that companies do everything possible to reduce this type of pollution.”
Among other violations, the complaint alleges that Tonawanda DuPont facility did not have the proper operating parameters for its pollution control equipment and failed to maintain a monitoring system for the equipment.
Under the finalized and approved agreement, DuPont will:
- Test and properly operate emission monitoring systems
- Conduct a test of emissions coming from its stack to demonstrate compliance with the Clean Air Act
- Enable proper operation of the air pollution monitoring systems
- Pay a penalty of $440,000
The facility has corrected its reporting requirement deficiencies.
The agreement, which was filed as a consent decree, was lodged in the US District Court for the Western District of New York.
Columbia Sportswear Mislabeled Clothes Containing Insect Repellent
Columbia Sportswear Company has reached a settlement with the EPA for distributing mislabeled clothing containing insect repellent and violating federal insecticide laws.
According to the settlement, the Portland, Oregon company distributed the clothes without the full label containing important information for consumers as required by federal law. While they were mislabeled, the clothes should not pose a risk to consumers.
“Clothes containing insect repellent must be treated with the same precautions as any other insecticide product,” said Kelly McFadden, manager of the EPA Pesticides Unit in Seattle. “Insecticide laws protect consumers and require that they have access to information on how to use insect repellents safely.”
Between 2010 and 2013, Columbia Sportswear distributed or sold hats and socks treated with the insecticide Insect Blocker. The company identified the error and voluntarily notified EPA of the violations. EPA fined Columbia Sportswear for similar violations in 2012.
The company has agreed to pay a $100,800 penalty for violations of the Federal Insecticide, Fungicide and Rodenticide Act.
EPA Requires Rancho LPG to Comply with Safety Measures for Community Protection
The EPA recently announced that Rancho LPG has resolved its noncompliance with risk management plan regulations. The violations were discovered during an EPA investigation of the San Pedro, California facility, which began in April 2010. The facility has addressed the violations and now adheres to risk management plan requirements—a regulation under the federal Clean Air Act. As part of the agreement, Rancho LPG will also pay a civil penalty of $260,000.
“When a company handling high-risk materials operates in close proximity to a neighboring community, it’s critical to take steps to safeguard the residents,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Since EPA began its enforcement action over a year ago, Rancho LPG has invested over $7 million in plant improvements to bring its facility into compliance with federal environmental laws and to provide additional safety measures.”
Rancho LPG, located at 2110 North Gaffey Street, primarily stores large amounts of butane and propane. EPA investigations found that the facility did not have complete safety information to evaluate potential seismic stresses at the site, failed to analyze the potential loss of its water supply in the event of an earthquake, and failed to properly inspect and test equipment, including tanks and drain systems used to contain accidental releases.
The company estimates it spent $7.2 million at the facility since EPA’s investigation began for new safety controls, tank inspections, seismic upgrades, and improved coordination with local emergency responders.
When properly implemented, risk management plans help prevent chemical releases and minimize their potential impacts at facilities that store large amounts of hazardous substances and flammable chemicals. Facilities are required to update and resubmit their risk management plan at least once every five years. The information is used by the EPA and state and local agencies to help assess chemical risks to surrounding communities and to prepare for emergency responses.
EPA is also seeking comment on adding additional risk management program elements, such as using inherently safer technology, automated monitoring of releases, emergency drills, and addressing facility location (siting) risks.
Tractor Business Ordered to Correct Environmental Violations
Lee J. Sackett, Inc., a tractor repair and restoration business in Steele and Mower counties, is correcting several environmental violations as part of a recent agreement with the Minnesota Pollution Control Agency (MPCA). State inspections in 2013 found several violations of rules designed to protect the quality of water, land, and air.
The business operates in both Waltham and rural Ellendale in southern Minnesota. According to the agreement, Sackett improperly stored and disposed of solid waste and hazardous waste such as paint thinner; operated without permits and licenses, including operating a paint booth without an air quality permit; and discharged wastewater from the Waltham facility’s floor drain to a county ditch without authorization. Environmental permits set the conditions for managing and disposing of waste and water, as well as pollutant limits for air emissions.
The MPCA has not issued a financial penalty to the business because of inability to pay. Should the business have the means to pay, the financial penalty would be $22,835. Sackett has taken several steps to comply with state rules with more to take, including a plan for appropriate management of industrial wastewater.
The conditions are part of stipulation agreement between Sackett and the MPCA. This type of agreement is one of the tools the agency uses to achieve compliance with environmental laws. When calculating penalties, the MPCA takes into account how seriously the violation affected the environment, whether it was a first-time or repeat violation, and how promptly the violation was reported to appropriate authorities. The agency also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner.
Maryland Man Sentenced to Community Service and Small Fine for Illegal Dumping and Burning
Attorney General Douglas F. Gansler recently announced a multi-count conviction in an air pollution trial related to a notorious illegal open dump and the illegal burning of toxic debris in Talbot County. Douglas W. Endzel, of Easton, was found guilty on five counts of illegal open burning, two counts of creating dangerous air pollution and two counts of operating an illegal open dump. Retired Talbot County Circuit Court Judge Broughton Earnest sentenced Endzel to 90 days incarceration, all of which was suspended. Endzel was placed on probation for one year, ordered to pay $5,545 in fines and costs, and required to complete 100 hours of community service.
"Illegal dumping and burning puts the health and welfare of anyone who lives nearby at serious risk," said Attorney General Gansler. "These laws and regulations are on the books to protect our health, our environment and our communities."
The charges arose from incidents at a property owned by the defendant's parents on Backtown Road in Trappe. Neighbors and other witnesses testified to ongoing problems with illegal dumping and burning, which started with the defendant's father and continued as the defendant began operating his business, Chesapeake Lawn and Garden Services, at the site.
On January 12, 2013, neighbors on both sides of the property noted a massive fire with flames estimated to be 40 feet high. Heavy smoke and the smell of burning plastic wafted into nearby homes to such an extent that one neighbor sent her asthmatic young daughter to stay at her grandmother's house. This happened on multiple occasions. The next day, witnesses say nickel-sized soot and ash coated everything in the neighborhood like a "blanket of snow." The fire smoldered for a week and on February 10, another very large fire was reported at the site, again creating unhealthy conditions for neighboring residents.
Inspectors from the Talbot County Department of Environmental Health and investigators from the Attorney General's Environmental Crimes Unit responded to the site numerous times. They found multiple burn piles described as 20 feet wide by 40 feet long and 12 feet high, consisting of timber, brush, construction debris, concrete rubble, large pieces of plastic, carpeting, paint cans, and other trash.
A former state trooper testified that he had a conversation in 2009 with Endzel during an investigation of Endzel's father. At that time, the officer told the younger Endzel that he and his father could not burn materials piled on the property and that any such burn would have to be permitted through the health department. Endzel acknowledged that he needed to have valid permits to burn or take prohibited materials to an approved landfill. Talbot County inspectors further stated that dumping and burning debris piles of this type on the property in question would not have been permitted.
During the investigation, Endzel repeatedly admitted being responsible for piling the debris on the site and setting a number of the fires.
Improper open burning of waste products releases toxic pollutants into the air, creating a risk of health problems for anyone in the area. Such pollutants can cause damage to lungs, the nervous system, kidneys and the liver, and can aggravate cancer, asthma, bronchitis, emphysema, and other diseases and conditions. Illegal open dumping also threatens surface and drinking water and provides a breeding ground for rats and mosquitoes, in addition to creating a general safety hazard.
All residents need to contact their local environmental health department and be aware of state laws and regulations prior to conducting any burning or accumulation of waste materials, whether they are natural or man-made.
The Attorney General's Environmental Crimes Unit handled the prosecution at the request of the Talbot County Department of Environmental Health. In making the announcement, Attorney General Gansler thanked Assistant Attorney General Michelle Barnes, Environmental Crimes Investigator Bill Schmidt, and Anne Morse and Dave Russ of the Talbot County Department of Environmental Health for their work on the case.
Contractor Busted for Sediment Violations Sentenced to Provide Training other Contractors
The Department of Environmental Protection (DEP) has reached an innovative settlement with Associated Builders and Contractors of Western Pennsylvania (ABC) and R. A. Glancy and Sons, Inc., (Glancy) regarding violations of the Pennsylvania Clean Streams Law.
Under the terms of the Consent Order and Agreement, ABC will develop a full-day classroom style training workshop which will be offered to the group’s members at no charge. Non-members may also attend but there may be a fee. The focus of the workshop will be educating builders and contractors on compliance with the state’s erosion and sediment regulations. The settlement stipulates that ABC provide the training for a minimum of 100 attendees.
The Consent Order also requires ABC to write and publish, in a trade newsletter or magazine, a series of four educational articles on erosion and sediment control at construction sites.
The action by DEP stemmed from violations that occurred during the construction of a headquarters office building for ABC on a two-acre site located on Venture Drive in Gibsonia. Glancy was hired by ABC to construct the building.
Seven inspections of the construction site conducted between January 24, 2012, and July 18, 2013, determined that soil at the site was not properly stabilized during construction. This created the potential for sediment pollution to Pine Creek.
As a part of the settlement, ABC will pay a civil penalty and the costs of investigations, totaling $5,769.
In addition, ABC and Glancy did not develop or implement a written erosion and sediment plan as required by the Clean Streams Law. They also failed to submit a post construction storm water management plan and preparedness, prevention and contingency plan to DEP for approval.
The Allegheny County Conservation District assisted DEP by conducting the inspections of the building site and documenting the violations of the state’s environmental statutes.
Feedlot Fined $24,000 for Air Quality Violations
A beef cattle feeding operation in Walla Walla County, Washington has been fined $24,000 for releasing particle pollution into the air. At high concentrations, small particles can cause respiratory problems for people. Simplot Feeders LLP violated air quality rules while grinding hay in March 2014, which released large amounts of dust into the air.
Inspectors from the Washington Department of Ecology observed particle pollution above limits allowed in the company’s air quality permit for the feedlot and outside the property boundary. Ecology also received complaints about dust from this facility’s operation.
Simplot’s permit requires the dust to be controlled by an air filter and remain within the feedlot property boundary.
Simplot had recently upgraded equipment but underestimated the dust that the new hay grinding would release into the air.
Ecology is working with Simplot to correctly estimate hay grinding emissions and update the permit. Simplot will be required to make modifications that may include installing additional pollution control equipment to meet air quality rules.
Grants Available for Green Lab Programs in Michigan
The Michigan DEQ announced $10,000 in grants available to help Michigan institutions develop sustainable, green laboratory practices and projects.
The funding is available through DEQ’s Michigan Green Labs Initiative, a collaborative grant effort to assist institutions and share best practices for minimizing the environmental impacts of their laboratory operations. The project is funded by the EPA and is supported by partner universities in Michigan.
Funding is available to non-profit organizations, including universities, and local and tribal governments. Total grant funds requested must be no more than $10,000, and the proposal must clearly indicate how the money will be spent.
Grantees must fund at least 50% of the total project cost. Requests for funding will be accepted through September 5.
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Trivia Question of the Week
The biggest use of energy in the typical US home is:
a) Home electronics
b) Water
