DOT to Revise Hazardous Materials Regulations

 Special permits allow a company or individual to package or ship a hazardous material in a manner that varies from the regulations provided an equivalent level of safety is maintained. An approval is a written consent (document) required under an international standard (i.e., International Maritime Dangerous Goods (IMDG) Code, International Civil Aviation Organization (ICAO)), or is specifically provided for in the HMR, and is issued by the Associate Administrator for Hazardous Materials Safety. These proposed revisions are intended to provide wider access to the regulatory flexibility offered in special permits and approvals and eliminate the need for numerous renewal requests, reducing paperwork burdens and facilitating commerce while maintaining an appropriate level of safety.

The special permits affected by the proposed rule represent variances from current regulations for:

• Limited quantities of liquids and solids containing ethyl alcohol
• Transportation of solid coal tar pitch compounds
• Transportation of certain ammonia solutions in UN1H1 and UN6HA1 drums
• Transportation of spent bleaching earth
• Requalification of non-DOT specification cylinders in life-saving appliances
• Use of regulated medical waste containers displaying alternative markings
• Incorporation of Oxygen Generator special permits to harmonize with FAA Modernization and Reform Act of 2012

This rulemaking will also address three petitions for rulemaking regarding the continued use of renewal applications for long standing special permits.

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Upgrade Your Career: Environmental and Safety Consultant/Trainers

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

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

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

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Interior Department Hits Goal for Renewable Energy on Public Lands

The US Department of the Interior (DOI) on October 10 announced that the Department has reached the President's goal of authorizing 10,000 megawatts of renewable power on public lands. DOI hit the milestone with its finding that the Chokecherry and Sierra Madre Wind Energy Project site in southeastern Wyoming is suitable for wind energy development. The project is a proposed complex that could generate up to 3,000 megawatts of power. Developers expect the proposal to create an estimated 1,000 construction, operation, and maintenance jobs at peak construction, employ 114 permanent workers, and generate enough energy to power nearly 1 million homes.

The decision authorizes the Bureau of Land Management to proceed with site-specific environmental analyses for the Sierra Madre and Chokecherry wind farms and infrastructures. Additional environmental reviews will be needed for the turbine layouts. The proposed project would consist of two sites encompassing up to 1,000 wind turbines on approximately 219,707 acres of land about 10 miles south of Rawlins. It will be developed in phases and operated by Power Company of Wyoming, LLC. When constructed, the wind complex is expected to have a footprint of less than 2,000 acres.

Since 2009, DOI has authorized 33 renewable energy projects, including 18 utility-scale solar facilities, seven wind farms, and eight geothermal plants, with associated transmission corridors and infrastructures that will enable the projects to connect to established power grids. When built, these projects will provide more than 10,000 megawatts of power, or enough electricity to power more than 3.5 million homes. They would also support an estimated 13,000 construction and operations jobs, according to project developers.

Patuxent River Naval Air Station Fined for Hazardous Waste Violations

The US Navy has agreed to pay a $38,500 penalty to settle alleged hazardous waste violations at the Naval Air Station Patuxent River, located at 22268 Cedar Point Road in Patuxent River, Maryland.

This settlement resolves alleged violations alleged by EPA of the Resource Conservation and Recovery Act (RCRA), the federal law governing the treatment, storage, and disposal of hazardous waste. RCRA is designed to protect public health and the environment, and avoid costly cleanups, by requiring the safe, environmentally sound storage and disposal of hazardous waste.

Following an EPA inspection, the US Navy was cited for allegedly failing to determine whether waste was hazardous, failing to maintain aisle space to allow for the movement of personnel and fire protection equipment, failing to conduct weekly inspections of waste containers for leaks and deterioration, failing to mark each container with a date and whether it contained hazardous waste, failing to keep hazardous waste containers closed during storage, and failing to properly maintain leak detection and spill prevention equipment on underground storage tanks.

The violations were found in 11 buildings including: the public works transportation, the hazmat warehouse, the Webster field annex, hangar, fleet readiness center, and the materials lab.

The $38,500 settlement penalty reflects the Navy's cooperation in resolving this matter. The Navy has certified its compliance with applicable hazardous waste requirements.

Marsen Fined for TRI Reporting Violations

EPA announced that Mersen USA St. Mary’s-Pennsylvania Corp. (Mersen) will pay a $79,000 penalty to settle alleged violations of toxic chemical reporting requirements. According to EPA, the company failed to timely submit required reports on toxic chemicals at its manufacturing plant in St. Mary’s, Pennsylvania.

EPA cited the company for violating the Emergency Planning and Community Right-to-Know Act (EPCRA). This federal law requires companies that process, manufacture or use more than a threshold amount of regulated toxic chemicals to report annually their releases and transfers of these chemicals. The reports are filed with the EPA and state, and the data are made available to the public through the Toxics Release Inventory (TRI) data system. The TRI includes information on disposal and releases of more than 650 toxic chemicals at thousands of US facilities. The TRI also provides information on how facilities manage those chemicals through recycling, energy recovery, and treatment.

The EPCRA law also requires facilities to report on their hazardous chemicals to state and local emergency response agencies. This information helps communities and first responders to prepare for chemical emergencies.

According to EPA, Mersen did not submit timely annual reports for four EPCRA-regulated chemicals (lead compounds, polycyclic aromatic compounds, copper, and benzo(g,h,i)perylene). This case involved alleged reporting violations, and not unlawful releases of these chemicals.

EPA Orders FMC to Stop Sale of Unregistered Pesticides

The EPA issued a Stop Sale, Use or Removal Order to FMC Corp., requiring the Philadelphia-based company to immediately stop the sale and distribution of three pesticide products: Microbemax™ Volumetric Drain Foam, Microbemax™ Continuous Cleaning System, and Microbemax™ Starter Kit.

EPA cited FMC for violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), a federal law requiring the registration of pesticide products and pesticide-production facilities, and the proper labeling of pesticides. FIFRA's requirements protect public health and the environment by ensuring the safe production, handling and application of pesticides; and by preventing false, misleading, or unverifiable product claims. FIFRA also prohibits the marketing of misbranded, improperly labeled, or adulterated pesticides.

EPA alleged that FMC made pesticidal claims for these products, and violated FIFRA registration and labeling requirements. EPA’s order requires the company to immediately stop the sale, use, removal, or distribution of these unregistered products. 

EPA Takes Legal Action Against Western New York Gas Stations to Protect Ground Water

EPA has issued a legal complaint to the owner and operator of seventeen underground storage tanks at six gasoline stations in Western New York for violating federal regulations. The complaint, which seeks $42,295 in penalties, was issued to United Refining Company for violations at its Kwik Fill stations in Dunkirk, Westfield, Jamestown, Fredonia and Rochester, New York. In addition to paying penalties, the complaint requires the facilities to come into full compliance with the environmental regulations.

“When underground tanks are not properly maintained, ground water can be contaminated, putting people’s health and the environment at risk," said EPA Regional Administrator Judith A. Enck. "Gas station owners have a legal obligation to maintain underground tanks so pollution does not damage the community.”

Ground water is the source of drinking water for nearly half of all Americans. When petroleum or other hazardous substances leak from underground tanks, the leaks are difficult and expensive to clean up, particularly if they involve a public source of drinking water.

The complaint alleges the company failed to:

• Upgrade piping at one service station
• Keep adequate records of corrosion protection at one service station
• Ensure equipment was running properly at one service station
• Keep adequate records of release detection monitoring at three service stations

The law authorizes the EPA to seek between $11,000 and $16,000 per tank for each day a violation exists.

EPA Reaches Agreement with the County of Maui for Air Pollution Issues at Landfill

EPA announced that the County of Maui has agreed to a settlement to resolve alleged violations of air pollution laws at Central Maui Landfill in Puunene.

The settlement requires the County to implement enhanced gas monitoring to help reduce the threat of underground fires at the landfill and to follow fire response procedures in the event of a fire. Additionally, the County will be building a renewable energy wind farm to reduce fossil fuel power plant emissions near the landfill. The County will also pay a civil penalty of $380,000.

“Today’s settlement is good news for the families living in Kahului,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest.” Achieving compliance with the Clean Air Act and reducing emissions at a landfill and the power plant, while supporting renewable energy, is a win-win."

The County estimates that it has spent about $4.5 million to design and construct a gas collection and control system required by the Clean Air Act at the landfill. Federal law requires large landfills to install and operate systems to collect gases generated by decomposing refuse, such as air toxics, organic compounds, and methane, a potent greenhouse gas. Effective gas controls at the landfill reduces the release of these gases, preventing them from escaping into the atmosphere.

Maui will also benefit by the reduction of power plant emissions as a result of the wind turbine project. The County is responsible for the installation of at least eight wind turbines collectively capable of generating approximately 55,000 kilowatt hours per year which could supply up to 38% of the Landfill’s power needs. The wind turbines and installation are estimated to cost at least $250,000. In addition to reducing emissions from power generated by fossil fuels, the project is aligned with sustainability goals of the County and the State of Hawaii.

Sunoco Settles Hazardous Waste Violations at its Former Philadelphia Facility

Sunoco, Inc., (R&M) has agreed to pay a $117,000 penalty to settle alleged violations of hazardous waste regulations at its former facility located at 4701 Margaret St., Philadelphia, Pennsylvania, the EPA announced.

EPA cited Sunoco for violating the Resource Conservation and Recovery Act (RCRA). According to EPA, Sunoco violated RCRA requirements involving hazardous waste storage. The alleged violations related to storage of a hazardous waste (phenol sludge) without a RCRA hazardous waste permit; storage of a leaking spent lead-acid battery; and failure to keep universal waste lamps in a closed container.

The violations were discovered in an EPA inspection in September 2010. Sunoco subsequently sold this facility in July 2011. The settlement penalty reflects the company's compliance efforts, and its cooperation with EPA in the resolution of this matter. As part of the settlement, Sunoco has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA requirements.

EPA Recognizes Boeing for Leadership in Revitalization

EPA Region 7 will recognize Boeing for its leadership to help revitalize the Chemical Commodities, Inc., (CCI) Superfund Site. The award will be presented at a CCI Celebration Event, 320 S. Blake St. in Olathe, Kansas. EPA will highlight Boeing’s efforts to work with the Olathe community to install a pollinator habitat and educational trail for monarch butterflies during their pollination season throughout the Midwest. The site is designed to educate the public about pollination.

Boeing will be presented with the Leading Environmentalism and Forwarding Sustainability Award (LEAFS), the first time this award has been presented in Region 7. Representatives from Haley and Aldrich, Monarch Watch, Pollinator Partnership, and the CCI Community Advisory Group also will be recognized.

Boeing’s support to redevelop this site extends beyond the EPA requirement to clean up hazardous waste in communities. The EPA Reuse Initiative has been successful in facilitating the redevelopment of Superfund sites across the nation. This award recognizes Boeing for working with the community to enhance the site and to bring change to the area by giving back to the community a productive and useful property.

EPA Region 7 established the LEAFS award to recognize those who have supported the Superfund Redevelopment Initiative through innovative thinking, sustainable practices and environmental stewardship. Region 7 is a rural region with green space, which makes prioritizing reuse of Superfund sites a challenge. Sites that are successfully reused can benefit developers, site owners, local governments and communities. Such sites can be redeveloped in a way that can enhance the remedial actions taken and/or minimize EPA’s investment for long-term care and maintenance of the remedy.

Dirtman Convicted For Operating Illegal New York Landfill

New York Attorney General Eric T. Schneiderman recently announced that Anthony Adinolfi (aka Dirtman) pleaded guilty to operating a large unpermitted construction and demolition debris landfill within the New York City Watershed, which provides drinking water to nearly one-half of the population of New York State every day. Adinolfi admitted to the top felony charge lodged against him and faces four months behind bars and five years probation at a future sentencing hearing.

From approximately January 2010 through December 2010, the defendant created an illegal landfill by dumping debris at a residential property located at 737 Croton Falls Road in the Town of Carmel, Putnam County. The fill included construction and demolition debris containing waste materials, including coal ash and slag, in violation of numerous environmental statutes. Some of the fill material eroded and was discharged into nearby New York State waters, including the Croton Falls Reservoir. Coal ash and slag typically contain hazardous substances, some of which are classified as carcinogens.

“Jeopardizing New Yorkers’ drinking water by dumping contaminated waste into illegal landfills is deplorable. There is no excuse for this kind of misconduct and this individual is going to jail for committing these crimes,” Attorney General Schneiderman said. “Our office will continue to prosecute environmental criminals who put the health and safety of New Yorkers at risk to make a profit.”

Environmental Conservation Law Article 27 and the underlying regulations provide that no person may construct or operate a solid waste management facility without first obtaining a permit from the New York State Department of Environmental Conservation (DEC). Solid waste management facilities are also subject to strict operational and closure requirements to avoid the adverse impacts to public health and the environment associated with solid waste.

According to the felony complaint, filed November 29, 2011 in Carmel Town Court, Adinolfi, 52, of Mahopac, New York, agreed with private owners of two watershed properties that he would arrange for fill to be dumped on their property to fill in and grade steeply-sloped areas. Through 2010 and 2011, the defendant arranged for hundreds of truck-loads of fill to be dumped on these two properties—sometimes as much as 10-15 truck loads per day.

Waste composition analysis of multiple samples taken from the dumped debris at the fill site show that the samples contained coal ash and slag. Absent a permit, New York State environmental laws and regulations prohibit charging fees for dumping this type of debris. Adinolfi charged truck drivers $75 per truck load for dumping privileges. Bank records show that, in 2010 and 2011, Adinolfi, through his company Dirtman Enterprises Inc., earned over $300,000 from operating these unpermitted landfills.

A grand jury charged Adinolfi with several felony counts for violations of the New York State Environmental Conservation Law (ECL), including ECL § 71-2703(2) (for operating an unpermitted solid waste management facility, a class E Felony) and ECL ? 71-1933(4)(a)(ii) (for causing storm water discharges without a permit, a class E Felony).

Adinolfi pleaded guilty to the top charge—operating an unpermitted solid waste management facility—in Putnam County before State Supreme Court Justice Judge Robert A. Neary. In addition to four months in jail and five years probation, as part of his sentence, he will be required to pay a $7,500 fine.

The Attorney General’s Office thanks the New York State Department of Environmental Conservation for its participation in this case.

Adinolfi is also the defendant in a civil lawsuit filed in Supreme Court, Putnam County, by the Attorney General's Office in October 2010 concerning his illegal operation of the landfill at 737 Croton Falls Road. The State obtained a preliminary injunction against Adinolfi and others, prohibiting them from unlawfully polluting the City of New York’s Croton Falls Reservoir. The lawsuit seeks to require Adinolfi and others to clean up the debris and waste, remediate the site, and pay civil penalties.

EPA Postpones NESHAP for Chemical Manufacturing Area Sources

On January 30, 2012, the EPA published in the Federal Register a proposed rule reconsidering certain provisions in the final National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources (CMAS) that was promulgated on October 29, 2009. The compliance date for the final CMAS rule is October 29, 2012. However, the EPA is still in the process of finalizing the reconsideration action based on a petition from the American Chemistry Council and the Society of Chemical Manufacturers, who sought reconsideration of certain provisions in the final rule.. For this reason, EPA stated that a short stay of the final CMAS rule pending completion of the reconsideration action is warranted.

EPA to Sponsor Free CNMI Workshop on Toxics Release Inventory Reporting

EPA is sponsoring a free Toxics Release Inventory (TRI) technical assistance workshop on Wednesday, October 31, 8:30 am—Noon in Saipan, Commonwealth of the Northern Mariana Islands (CNMI), explain reporting requirements for certain facilities that manufacture, process, or otherwise use toxic chemicals.

The TRI gives the public nationwide information about the amounts of chemicals that certain facilities release into the water, air, and land. Facility owners and environmental consultants are strongly encouraged to attend so they can learn about these important mandatory reporting requirements.

TRI helps the public understand chemical pollution and its potential effects on the community, and industry plays a critical role in making this information available. The goal of TRI is to support informed decision-making by industry, government, nongovernmental organizations, and the public.

EPA’s contractor will be in CNMI the week of October 29 working with facilities on-site to improve the quality of their TRI reporting. To reserve a spot in the TRI Workshop, contact John Wilhelmi at John.Wilhelmi@erg.com or 671-929-3144.

The workshop will be at the Azucena I Room of the Fiesta Resort Hotel, Coral Three Avenue, Micro Beach, Garapan, 8:30 am - Noon. You can also attend an identical workshop in Guam on Friday, October 26, 8:30 am – Noon, at the Guam Power Authority’s Harmon Main Office, 1911 Rte 16, Harmon.

Hurricane Could Trigger Release Reporting Requirements

Any regulated facility either with a permit or subject to statutes or rules may be required in certain circumstances to make notification to their state environmental agency and the National Response Center. Knowing if or when you might be required to call demands familiarity with the permits your facility holds and the rules that apply to your operations. Review of rules and permits is the best way to ensure you know your obligations.

The following does not constitute a complete list of possible notification requirements, but is intended to provide relevant examples of notification requirements for common facilities in New Jersey. Other states have similar reporting requirements

Hurricane Sandy, currently moving northward in the Atlantic Ocean, is a natural reminder of risks to operations. These and other situations can lead to disruptions, upsets, failures, shutdowns, exceeding permit limits and other problems that may require you to notify the your state environmental agency.

Required notifications are important in their ability to inform the agency, as well as other local, state and national agencies about the safety of, and potential impacts to citizens. Complete information on all situations that rise to a required notification level improves the understanding of the scale of problems and improves coordinated efforts by government, especially in large scale emergency situations.

However, as important as this information is during emergencies, required notifications are expected at all times when triggered by circumstances, whether or not a general emergency exists.

What Should You Do?

If you own, operate or have responsibility for a regulated facility of any type, make time to review your environmental obligations and especially any requirement to call your state environmental agency and the National Response Center. Ensure that all personnel who may have responsibility at different times are aware of the situations that would trigger any notification requirements. Keep your state environmental agency’s reporting number and the number for the National Response Center (800-424-8802) readily accessible.

1. Review your regulatory obligations periodically.

2. Identify the situations that would trigger notification.

3. Share with everyone who has responsibility at the facility.

The NJDEP advised NJPDES permittees to:

1. Update their emergency contact lists for internal and external communications;

2. Test remote access and communication systems and ensure they are in good working order;

3. Place operating/emergency response personnel on call and review emergency procedures;

4. Provide the NJ State Police with 24-hour contact information for your organization (operation center) in the event a travel restriction is imposed;

5. Provide an emergency response personnel list to the operator on 24-hour call;

6. Ensure that all supplies, including water treatment chemicals and fuels, are fully stocked and secured to the maximum extent possible;

7. Test auxiliary power sources and generators to ensure they are in good working order;

8. If applicable, arrange for portable generators for key pumping stations;

9. Inspect infrastructure and back-ups to ensure they are functioning properly;

10. Inspect Combined Sewer Systems and ensure that the regulators, screening facilities, netting and tide gates are functioning properly;

11. Clear all road storm drains and storm inlets prior to the storm event; and

12. Inspect/assess critical infrastructure for damage after the storm, when you can do so safely.

Any non-compliance with permit limitations, anticipated or unanticipated bypass, or violation as outlined in N.J.A.C. 7:14A-6.10, must be reported to the DEP Hotline (1-800-WARN DEP) within 2 hours of the event or knowledge of the event, or 24 hours depending on the nature of the violation (see N.J.A.C. 7:14A-6.10). The Department also urged any facility experiencing non-compliance or anticipating such non-compliance to contact downstream drinking water purveyors and their local department of health.

Solid Waste Facilities of their Obligation to Plan for Transportation Emergencies

The New Jersey DEP recently reminded all solid waste facilities that emergency planning is not only prudent, but required as part of a facility’s Operations and Maintenance (O&M) Manual (N.J.A.C. 7:26- 2.10(b)). Solid Waste facilities should have alternate transportation contracts in place in the event of weather emergencies, labor unrest, or other disruptions to their primary means of moving waste from their facilities.

These facilities were reminded to:

• Review their O&M manuals to ensure that they have fully addressed off-site transportation and other emergency solid waste issues.
• Contract for and confirm availability of emergency transport equipment.
• Keep current on transportation issues that may affect their ability to transport waste or residuals off-site

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Trivia Question of the Week

Which of the following is not true of the Safe Drinking Water Act?

a. Authorizes EPA to set enforceable health standards for contaminants in drinking water
b. Does not protect underground sources of drinking water
c. Establishes a federal-state partnership for regulation enforcement
d. Requires disinfection of surface water supplies, except those with pristine, protected sources