Enforcement Actions Led to $19 Billion in Pollution Controls and $168 Million in Civil Penalties

. EPA’s enforcement and compliance program enforces environmental laws that protect our nation’s air, land, and water by taking action to cut illegal pollution and protect people’s health and communities. In Fiscal Year 2011, EPA enforcement actions led to more than 1.8 billion lb in pollution reduced, an estimated $19 billion in required pollution controls, and approximately $168 million in civil penalties.

“Our annual results reflect the fact that a strong and effective enforcement program is good for responsible businesses, public health and communities across the country,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “As we continue our focus on the most serious pollution problems, we expect to see better environmental performance and greater public health benefits.”

In FY 2011, EPA enforcement resulted in commitments to:

• Install pollution controls for a cleaner tomorrow: $19 billion invested to improve environmental performance and compliance efforts, a record year, including $3 billion dollars to clean up hazardous waste in communities
• Protect people’s health from dangerous pollution: 1.8 billion lbs of harmful air, water, and chemical pollution reduced and 3.6 billion lbs of hazardous waste reduced, properly disposed, of or treated
• Deter illegal pollution through civil penalties: $168 million in civil penalties assessed ($152 million in federal penalties and $16 million in actions taken jointly by EPA and state and local governments)
• Fight environmental crime: $35 million in fines and restitution, $2 million in court ordered environmental projects, and 89.5 years of incarceration to deter future violations and hold violators accountable
• Invest additional resources in affected communities: $25 million committed by companies through enforcement settlements to conduct supplemental environmental projects in communities

Cases under EPA’s national enforcement initiatives, which focus enforcement and compliance resources and expertise on serious pollution problems affecting communities, produced the majority of commitments to install pollution controls and led to settling important cases, including the settlement with the Tennessee Valley Authority, which will lead to up to $27 billion in annual health benefits and provide $350 million for environmental projects to benefit communities.

Cary, North Carolina 24-Hr and 40-Hr HAZWOPER Courses

 

Personnel who are expected to stop, contain, and clean up on-site releases are required to have 24 hours of initial training. Personnel who are involved in cleanups at waste sites—including Superfund sites, RCRA corrective action sites, or even voluntary cleanups involving hazardous substances—must have 40 hours of initial classroom instruction.

Satisfy your training requirements by attending a comprehensive class that provides in-depth instruction on how to perform emergency response activities. Topics include hazard recognition, spill control and containment, worker protection, and waste site activities such as site characterization, waste handling, and decontamination. You will have the opportunity to apply your training during a hands-on simulated incident response.

 

Cleveland, Ohio RCRA and DOT Training

 

RCRA, DOT, IATA/IMO and SARA Title III Training Coming to the Raleigh, North Carolina Area

 

 

Safety Consultant/Trainer

Environmental Resource Center has a new opening for a safety consultant and auditor. We are looking for a former OSHA CSHO, OSHA trainer, or state inspector for this position in our Cary, North Carolina, office. Applicants should have excellent writing and speaking skills and be willing to travel 7–14 days per month. We are looking for an expert in all of the General Industry and Construction standards who is capable of performing audits of industrial facilities as well as conducting on-site training.

Strong consideration will be given to applicants who also have experience providing HAZWOPER, Hazcom, lockout/tagout, confined spaces, and machine guarding training.

The position includes maintenance of training materials (books and presentations), working on consulting projects, development of classes and computer-based training programs, and ensuring customer satisfaction.

 

How to Author GHS Safety Data Sheets

OSHA is adopting the new Globally Harmonized System (GHS) for the classification and labeling of hazardous chemicals. A cornerstone of GHS is the adoption of a completely revised Safety Data Sheet (SDS).

• December 15, 2011
• January 27, 2012
• February 29, 2012

How to Label Hazardous Chemicals Using OSHA’s New GHS Hazcom Standard

Workplace and supplier hazard communication labels are being reinvented as OSHA adopts the new Globally Harmonized System (GHS) for labeling hazardous chemicals.

• December 16, 2011
• February 3, 2012
• March 1, 2012

Sewage Treatment Plants may Contribute to Antibiotic Resistance Problem

Water discharged into lakes and rivers from municipal sewage treatment plants may contain significant concentrations of the genes that make bacteria antibiotic-resistant. 

Timothy M. LaPara and colleagues explain that antibiotic-resistant bacteria—a major problem in medicine today—are abundant in the sewage that enters municipal wastewater treatment plants. Treatment is intended to kill the bacteria, and it removes many of the bacterial genes that cause antibiotic resistance. However, genes or bacteria may be released in effluent from the plant. In an effort to determine the importance of municipal sewage treatment plants as sources of antibiotic resistance genes, the scientists studied releases of those genes at the Duluth facility.

Although the Duluth facility uses some of the most advanced technology for cleaning wastewater—so-called tertiary treatment—the study identified it as an important source of antibiotic resistance genes. Sampling of water at 13 locations detected three genes, for instance, that make bacteria resistant to the tetracycline group of antibiotics, which are used to treat conditions ranging from acne to sexually transmitted diseases to anthrax and bubonic plague. LaPara’s team says their research demonstrates that even the most high-tech sewage treatment plants may be significant sources of antibiotic resistance genes in waterways.

EPA Enforcement Cuts 200 Million Pounds of Pollution in Great Lakes Region

 

EPA Region 5 oversees enforcement efforts in the Great Lakes states of Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. A few of Region 5’s recent major cases include:

• Clean Water Settlement in Northeast Ohio: EPA and the Department of Justice settled a Clean Water Act (CWA) suit with the Northeast Ohio Regional Sewer District. The settlement will keep untreated sewage out of Cleveland-area waterways and Lake Erie.
• Clean Air Settlement to Protect Public Health by Reducing Emissions: EPA reached a Clean Air Act (CAA) settlement with Northern Indiana Public Service Co. (NIPSCO) in January 2011. NIPSCO is required to install state-of- the-art pollution control technology at four coal-fired power plants, which will reduce harmful air emissions by more than 68,000 tons per year.
• Illinois Company Pleads Guilty to Illegal Storage of Hazardous Waste: Honeywell International Inc., was sentenced in March 2011 to pay a criminal fine of $11.8 million for knowingly storing hazardous waste without a permit—a violation of the federal Resource Conservation and Recovery Act (RCRA).

Maine Department of Environmental Protection Announces Functional Reorganization

 

At the Maine State Chamber’s Environmental Issues Symposium in South Portland, Maine, DEP Commissioner Pattie Aho announced in a keynote address a plan to reorganize the agency around its functions starting in early 2012.

The DEP plans to retain three bureaus—currently Air Quality, Land & Water Quality, and Remediation and Waste Management—but instead of being structured around environmental media, they’ll be organized via the functions of resource protection, environmental assessment, and resource administration.

Already under Aho’s leadership, DEP staff within the existing bureaus who have done policy development or outreach and education have been centralized within the Unit of Policy Development & Implementation and the Unit of Communications & Education.

The restructuring of the 400-person DEP with its annual budget of $60 million—of which just 10% comes from the general fund—will improve both internal and external communication and promote a coordinated, cross-media approach to the agency’s work. No immediate layoffs are expected as a result of the restructuring, which proactively positions the agency for zero-based budgeting.

Some examples of where consistencies will be created by a functional structure include inspection frequency, permitting processes, billing and collections, initiation of enforcement, and compliance correspondence. Procedures for those services are currently specific to each bureau but under the new structure would apply across the agency, creating predictability for the regulated community.

“In many respects, we’ve been functioning as three agencies with three separate lines of services,” Aho explained. “The new structure takes a practical approach that is both more efficient for the regulated community and for our own internal operations by having one full-service team to handle each function, whether it be permitting, inspections, enforcement, monitoring or billing. Now instead of three different departments, there will be one unified Maine DEP.”

Maine’s environment will be the immediate beneficiary of the proposed changes, Commissioner Aho stressed in her announcement Wednesday. For example, environmental data that has been historically monitored by different bureaus would be received and reviewed by one section of staff who will be able to better protect Maine’s air, land and water with their more comprehensive analysis.

The regulated community can also expect more inclusive service. Currently, a Mainer can call one bureau’s media-specific licensing unit to seek a license to open or expand a facility and may never be notified that they need additional environmental licenses from other divisions within the same department. That’s just one example of why staff who do the same work—like licensing—should be grouped together no matter their media, Aho explained.

The restructuring will also allow the agency to be more agile as it deploys its resources to core programs and priorities, including improving predictability and timeliness of permit processing; consistent, decisive enforcement; the closure of long-term remediation sites so they are ready for redevelopment; reasonable, science-based rulemaking; and the establishment of department-wide assistance protocols that strengthen a culture of cooperation.

“Our commitment to providing environmental protections is stronger than ever,” added Aho. “But with diminishing financial resources and expanding expectations, it is time for our department to be modernized to most effectively and efficiently meet our mission after 40 years of largely serving in silos. It’s an important job we do here at DEP, and this structure will best support our work and the talented team of DEP employees who carry it out with great commitment each day.”

Ban on Disposing Rechargeable Batteries in New York Takes Effect

The new provision of the law gives consumers the opportunity to drop off rechargeable batteries at local retail stores. The law already requires battery manufacturers to provide for collection and recycling of rechargeable batteries in a statewide program at no cost to consumers.

“Since many rechargeable batteries contain toxic metals that can be released into the environment when managed improperly, this program is a good example of product stewardship among consumers, retailers and battery manufacturers,” DEC Commissioner Joe Martens said. “Valuable metals from rechargeable batteries can be recovered for reuse instead of ending up in the trash.”

Most retailers that sell rechargeable batteries are required to accept used ones from individuals during normal business hours. The law requires battery collection by both local retailers and direct sellers of rechargeable batteries (i.e., catalog, telephone, or internet sales). Retailers must also post signs alerting consumers about the disposal ban and the opportunities to return rechargeable batteries at their location.

Rechargeable batteries covered by this law include; nickel cadmium, sealed lead, lithium ion, nickel metal hydride, and any other dry cell rechargeable batteries weighing less than 25 lbs. This law does not cover vehicle batteries or non-rechargeable batteries such as common alkaline batteries. Rechargeable batteries from cordless power tools, laptops, telephones, cameras, and other electronic devices are among a growing list of products New Yorkers can return to retailers for recycling at the end of its useful life.

The NYS Rechargeable Battery Recycling Act was signed into law on December 10, 2010. DEC is anticipating cooperation among consumers, retailers, and manufacturers for a successful implementation of the law. However, any retailer who violates the law would be liable for a civil penalty of $200 for the first violation, $400 for a second violation within 12 months, and $500 for a third or subsequent violation within 12 months. Any battery manufacturer who violates the law would be liable for a civil penalty of $2,000 for the first violation, $4,000 for a second violation within a 12 month period, and $5,000 for a third or subsequent violation within 12 months.

New Studies Show Fine Particles Linked to Health Risks

Three new studies released by the California Air Resources Board (ARB) reveal that exposure to airborne fine-particulate matter significantly elevates the risk for premature deaths from heart disease in older adults and elevates incidence of strokes among post-menopausal women. Heart disease is the number one killer in California and is responsible for approximately 35% of annual deaths.

The California ARB commissioned the studies to further investigate the connection between fine particulate pollution and public health impacts in California. The two population studies were co-sponsored by the South Coast Air Quality Management District.

“We’ve long known particulate matter is a major component of California’s air pollution problem,” said ARB Chairman Mary D. Nichols. “These new studies underscore the need to eliminate the threat from California’s air.”

Particulate matter is a complex blend of substances ranging from dry solid fragments, solid-core fragments with liquid coatings, and small droplets of liquid. These particles vary in shape, size, and chemical composition, and can contain metals, soot, nitrates, sulfates, and very fine dust. One source of particulate matter, including PM2.5 or fine-particulate matter, is exhaust from vehicles, especially from diesel engines. PM 2.5 is particulate matter smaller than 2.5 microns in diameter—a human hair is about 60 microns in diameter.

“It is crucial that we better understand the health threat posed by fine particulates,” said South Coast Air Quality Management District’s Chairman William A. Burke, Ed.D. “This research will help us develop strategies for further reducing particulate pollution in Southern California and across the state.”

Michael Jerrett, Ph.D., of the University of California, Berkeley, found that exposure to fine particulate matter significantly elevated the risks for premature death from heart disease. The most frequent cause of death associated with PM2.5 in this study was ischemic heart disease, which can lead to heart attacks and heart failure.

The project tracked over 100,000 current and former female public school teachers and administrators in California. Like the University of California, Berkeley study, Dr. Lipsett found that exposure to PM2.5 elevated the risks for premature mortality from ischemic heart disease. In addition, this study found an increased risk of stroke among women who had never had one before, particularly among those who were post-menopausal.

These two studies demonstrate a relationship between long-term PM2.5 exposure and cardiovascular effects, such as heart attacks and strokes.

A common cause of heart attacks and strokes is development of clots in the blood stream. One suggested explanation is that PM2.5 exposure activates platelets, the key cells involved in blood clotting, so that they form clots and then trigger heart attacks and strokes. Drs. Tablin and Wilson examined the platelets of mice exposed to PM2.5 from the San Joaquin Valley Air Basin, and found that mice exposed to fine particulate matter showed platelet activation in both winter and summer, which could promote clotting and lead to stroke and heart attacks.

These new studies add to the existing scientific literature indicating that microscopic airborne particles pose a threat to public health. California ARB calculations of combined cardiovascular and respiratory (i.e., cardiopulmonary) deaths associated with PM2.5 exposure are based on the results of the national American Cancer Society study. Annually, 7,300 to 11,000 premature cardiopulmonary deaths in California are estimated to be associated with exposures to fine particulate matter. 

Furniture Refinisher Fined for Hazardous Waste Violations

 

Ecology fined Furniture Spa, LLC, $82,200 in April 2011 for failing to properly store and dispose of hazardous wastes. The company’s owner appealed the penalty to the Washington State Pollution Control Hearings Board. The negotiated settlement has received board approval.

Furniture Spa’s owner will pay the settlement in installments over 30 months. The company agrees to pay an additional $8,800 if it fails during that time to comply with safety and environmental practices outlined in the settlement agreement:

• Provide Ecology a list describing all wastes generated at the company’s furniture refinishing facilities, how they are generated, and the plans for their proper management.
• Inform Ecology of any contractor engaged to strip furniture.
• Allow Ecology to verify compliance with state and federal hazardous waste requirements through unannounced inspections.

“This settlement avoids expensive litigation and benefits Washington’s environment overall,” said K Seiler, who manages Ecology’s hazardous waste and toxics reduction program. “We’re pleased that Furniture Spa and its owners have committed to practices that protect public and worker safety and health, and the environment.”

Furniture Spa’s attorney Bradford Doll said, “Furniture Spa appreciates Ecology’s willingness to work with us to achieve this settlement.”

Oil Company Representatives Surrender to Authorities

T&F Oil Company’s Chief Executive Officer, Lobdell Percy Brown, III, and a Field Technician, Carr Brown, surrendered to Louisiana Department of Environmental Quality’s (DEQ) Criminal Investigation Division Investigators on violations of the Louisiana Pollutant Discharge Elimination System.

T&F Oil and the Browns, who are brothers, were indicted on October 21, by a Cameron Parish Grand Jury for two willful discharges of oil and chlorides into the waters of the state, along with five additional spills that went unreported from sites located in Little Chenier oilfield. Following the indictment, a warrant was issued for their arrest.

The indictments are the result of an ongoing investigation conducted by the Louisiana Department of Environmental Quality’s Criminal Investigation Division and the Louisiana Environmental Crimes Task Force.

“Any facility found to be conducting business in direct contravention environmental laws will be aggressively prosecuted,” said DEQ Secretary Peggy Hatch. “Blatant disregard for environmental and health regulations will not be tolerated. DEQ will continue to work with its partners to preserve and protect human health and the environment in which we live.”

The case is being prosecuted by the Louisiana Attorney General’s office. Violations can result in a fine of not less than $5,000, but no more than $50,000 per day of violation, or imprisonment for not more than three years, with or without hard labor, or both.

Groom Construction Co. Fined $39,150 for Using Unlicensed Asbestos Contractor

The Massachusetts Department of Environmental Protection (MassDEP) has penalized Groom Construction Co, Inc., of Salem, Massachusetts, $39,150 for hiring an unlicensed asbestos contractor, AEI Environmental LLC, of Lynnfield, to perform asbestos removal at two sites in 2010.

The first incident occurred at the Village Street School in Marblehead, where asbestos abatement work was done from January 2010 through March 2010, and again in April of 2010. The other incident occurred at the town of Bolton’s public safety building, at 15 Wattaquadock Hill Road, where asbestos abatement work was done in April 2010.

MassDEP determined during an investigation that AEI Environmental was not licensed in Massachusetts to perform asbestos abatement and that neither AEI nor Groom notified MassDEP of asbestos abatement on any of the three occasions when asbestos removal work was done at these sites as is required by law.

“Asbestos is a known carcinogen that can pose significant public health risks,” said Eric Worrall, deputy regional director of MassDEP’s Northeast Regional Office in Wilmington. “It is critical that any asbestos abatement work is done by properly-licensed contractors to ensure the protection of public health and the environment.”

As a result of the violations, Groom has paid $8,700, and $30,450 will be suspended for a period of 12 months. In addition, Groom will have four of its personnel attend 16 hours of asbestos training within the next 180 days. Groom will also have one staff person attend a 40-hour training course for an asbestos supervisor within 180 days.

Free Ski Passes for Purchasing a Tahoe License Plate

The Tahoe Fund announced two free Alpine or Nordic tickets to the resort of your choice will be given to those who purchase a Lake Tahoe license plate in California or Nevada. Tickets are valid for the 2011/2012 season while supplies last and have limited black-out dates.

The “Plate for Powder” program is running for plates purchased between December 12, 2011 and April 15, 2012.

The Nevada and California Lake Tahoe license plate programs provide funds for recreation, water quality, and restoration projects at Lake Tahoe in addition to education and research projects.

The Nevada plate fund, administered by the Nevada Division of State Lands, has provided, in the past 10 years, more than $5 million from private license plate purchases for environmental improvement projects and research grants in the Lake Tahoe Basin.

 

New York to Issue Draft Regulations to Protect New York’s Water Resources

e The comment period for the draft water withdrawal regulations concludes on January 22, 2012.

“These regulations will better preserve and protect New York’s water resources and implement the requirements of legislation Governor Cuomo signed into law earlier this year,” said DEC Commissioner Martens. “DEC’s proposed regulations will protect the environment while also fostering economic growth through enhanced water resource management for the benefit of New York’s residents, businesses and farmers.”

Before Governor Cuomo signed the legislation into law in August, significant water withdrawals for agricultural, commercial, and industrial activities were largely unregulated. DEC proposed the law to better manage the state’s water resources. The draft regulations require a permit for withdrawals that meet or exceed a threshold of 100,000 gallons per day. Existing withdrawals above the threshold must be properly registered or reported by February 15, 2012. Withdrawals below the threshold must still comply with water pollution control laws, New York State Department of Health regulations, and state environmental quality review (SEQR) requirements, as applicable.

In addition, the draft regulations enable DEC to comply with the Great Lakes-St. Lawrence River Basin Water Resources Compact requirements by regulating all significant water withdrawals occurring in the New York portion of the Great Lakes Basin.

There will be a formal presentation by DEC staff during the public information meetings with a question and answer period to follow. The public information meetings are currently scheduled to run from 2 p.m. to 5 p.m. on the following dates and locations:

December 6

NYSDEC Region 3 Office

21 South Putt Corners Road

New Paltz, NY 12561-1696

December 8

West Henrietta Fire Training Center (Station 6)

60 Erie Station Rd Extension

West Henrietta, NY 14586

December 12

NYSDEC Central Office

625 Broadway

Albany, NY 12233

Lautenberg, Rockefeller Introduce Bus & Truck Safety Bill Which Reauthorizes Federal Motor Carrier Safety Administration

US Senators Frank R. Lautenberg, Chairman of the Senate Commerce Subcommittee on Surface Transportation and John D. Rockfeller IV (D-WV), Chairman of the Senate Commerce Committee introduced the Commercial Motor Vehicle Safety Enhancement Act, a bill that reauthorizes the Federal Motor Carrier Safety Administration (FMCSA) and makes important improvements to federal truck and bus safety standards.

“We must do more to make sure large trucks and buses are not a threat on our roadways and are only operated by the most qualified drivers,” said Senator Lautenberg. ”While most drivers and companies put safety first, crashes still happen, and when they do, the consequences can be devastating. This bill will give the Department of Transportation the tools to kick unsafe drivers and carriers out of the industry and keep America’s roadways safe.”

“This bill will make significant safety improvements for drivers and passengers on our nation’s highways and roads,” Rockefeller said. “We need to make sure that only the safest people are allowed to operate large trucks and buses and give the Department of Transportation the tools it needs to improve its oversight of the industry. I look forward to working with my colleagues as we continue to work to get this important bill enacted into law.”

The Commercial Motor Vehicle Safety Enhancement Act takes critical steps to ensure only the safest motor carriers and drivers are able to enter the industry, improve the safety laws governing current carriers and drivers, and increase FMCSA’s enforcement tools to remove unsafe and unfit drivers and carriers from the industry. Specifically, the bill would:

• Require electronic on-board recorders be used on all trucks and buses used in interstate commerce in order to improve drivers’ compliance with hours of service rules. Compliance with these rules will improve safety by ensuring truck and bus drivers are obtaining adequate rest;
• Improve the Department of Transportation’s (DOT) registration process by requiring an applicant to pass a safety proficiency examination and submission of a safety management plan as a precondition for operating authority;
• Bolster FMCSA’s ability to crack down on “reincarnated carriers”—carriers that attempt to resume operations after being put out of service—by increasing the Administration’s ability to revoke carriers’ operating authority and by requiring new operators to disclose all relationships with other motor carriers over the past five years as a condition of receiving operating authority; and
• Directs DOT to support FMCSA’s implementation of its Compliance, Safety, and Accountability program, which will increase its oversight of the truck and bus industry and give it the authority to assess the safety fitness of drivers to further identify unsafe drivers.

DuPont Fined $725,000 for Hazardous Waste Violations

New Jersey DEP’s Commissioner Bob Martin announced the agency recently reached an agreement with E.I. DuPont De Nemours & Co., requiring the company to pay a fine of $725,000 and upgrade procedures for handling hazardous materials, and for routine and preventative maintenance at its Chambers Works facility in Salem County, New Jersey.

 

“Protection of our water, air and natural resources from pollution is of utmost importance to the Christie Administration,” Commissioner Martin said. “This agreement reached with DuPont will ensure the Chambers Works facility meets the high standard of environmental protection that the DEP and community expects.”

The Administrative Consent Order contains a compliance schedule requiring DuPont to:

• Perform an evaluation of the site-wide and area specific procedures relating to the proper storage, identification and accumulation of waste, and submit revised plans to address deficiencies;
• Provide a listing of actions and preventative measures to be undertaken to prevent spills and discharges of hazardous waste and hazardous substances from occurring throughout the plant, and submit revised plans to address deficiencies;
• Remove remaining hazardous waste from the wastewater holding tank;
• Perform various upgrades to the landfill and improve its maintenance and preventive measures plans;
• Characterize, remove, and dispose all waste rail cars from the siding area and upgrade rail car management and inventory controls; and
• Submit quarterly reports detailing compliance progress.

In 2006, DuPont agreed to upgrade equipment and pay $105,000 fine as a result of a DEP investigation that logged more than 220 incidents of spills and discharges at the plant.

Discharges varied in size and occurred as a result of faulty or inoperable pumps, leaking valves and gaskets, valves inadvertently left open, cracks in containment structures, and accidents.

The upgrades worked as intended but problems started arising again in mid-2008. The Administrative Consent Order addresses more than 60 violations resulting from subsequent DEP inspections of the facility, including:

• Failing to properly mark drums of hazardous substances;
• Failing to perform required inspections, failure to comply with time frames for shipping hazardous waste off-site;
• Failing to maintain correct leachate levels at the hazardous waste landfill and in leachate control equipment;
• Mishandling of drums, resulting in discharges of hazardous materials, including sulfuric acid;
• Shipping drums contain hazardous waste residues of benzyl chloride to be recycled without a shipping manifest;
• Failing to properly maintain impervious surfaces at a container storage area;
• Failing to provide a containment system at the rail-car area;
• Storing excessive hazardous waste sediments in a decommissioned tank at its wastewater treatment plant without obtaining permits or inspecting the tank;
• Discharging 47 lb of hazardous mixed phenylenediamines into the air due to a gasket failure; and
• Failing to determine whether solid waste being handled or in equipment was hazardous.

Chambers Works is located along the Delaware River on a site which traverses parts of Pennsville, Deepwater, and Carneys Point. Since operations began at the turn of the 20th century, more than 1,200 chemicals have been developed at the facility. DuPont also operates Secure Environmental Treatment, which treats wastewater generated by DuPont as well as outside hazardous waste generators.

“DuPont needs to apply its corporate vision of sustainability and environmental stewardship to its day-to-day operations at the Chambers Works facility, which means making the necessary investments in equipment and personnel that are critical to protection of the environment, public health and the health of workers,” said Wolf Skacel, Assistant Commissioner for Compliance and Enforcement.

US Fish and Wildlife Service and NOAA’s Fisheries Service Propose Policy to Improve Implementation of Endangered Species Act

A proposed new federal policy will help clarify which species or populations of species are eligible for protection under the Endangered Species Act (ESA) and will provide for earlier and more effective opportunities to conserve declining species.

The proposed policy will define the key phrase “significant portion of its range” in the ESA and provide consistency for how it should be applied, aiding the agencies in making decisions on whether to add or remove species from the federal list of threatened and endangered wildlife and plants. The phrase is not defined in the ESA, but appears in the statutory definitions of “endangered species” and “threatened species” in the ESA.

The policy would clarify that the US Fish and Wildlife Service (FWS) and NOAA Fisheries could list a species if it is endangered or threatened in a “significant portion of its range,” even if that species is not endangered or threatened throughout all its range. Under the proposed policy, a portion of the range of any given species would be defined as significant if its contribution to the viability of the species is so important that, without that portion, the species would be in danger of extinction.

While the services expect this circumstance to arise infrequently, this policy interpretation will allow ESA protections to help species in trouble before large-scale decline occurs throughout the species’ entire range.

“This proposed interpretation will provide consistency and clarity for the services and our partners, while making more effective use of our resources and improving our ability to protect and recover species before they are on the brink of extinction,” said FWS Director Dan Ashe. “By taking action to protect imperiled native fish, wildlife and plants, we can ensure a healthy future for our communities and protect treasured landscapes for future generations.”

“A clear and consistent policy will help our partners and improve the process of evaluating species status under the Endangered Species Act,” said Eric Schwaab, NOAA’s Assistant Administrator for Fisheries.

Uncertainty about the meaning of this important phrase has led to debate and litigation. A formal opinion developed by the Solicitor of the Department of the Interior (known as the “M-Opinion”) had been applied by the FWS since March 16, 2007. However, the M-Opinion was withdrawn on May 4, 2011 after two courts rejected key aspects of it. NOAA Fisheries has never applied the FWS interpretation, nor did it issue separate guidance, instead relying on a general understanding similar to the policy interpretation in this proposal.

The proposed policy differs substantially from the DOI’s M-Opinion interpretation. This proposal requires that if a species is found to be threatened or endangered in a significant portion of its range, the entire species must be listed and protections of the ESA applied throughout its range. However, if the significant portion of the range is the exact same area inhabited by a “distinct population segment” of the species, only the distinct population segment would be listed. A distinct population segment is a vertebrate animal population or group of populations that is discrete from other populations of the species and significant to the overall species.

In contrast, under the M-Opinion, only individuals of a species found within the “significant portion of its range” were protected under the ESA. This proposed policy also establishes a more specific and stringent standard to evaluate whether a portion of a species’ range would be considered “significant” than the standard applied under the M-Opinion interpretation. This higher bar will ensure that the species being evaluated for ESA protection on the basis of threats to only a significant portion of its range are truly in need of conservation.

Until the policy is final, FWS and NOAA Fisheries have an obligation to meet statutory timeframes and make determinations in response to petitions to list, reclassify, and delist species. During this interim period, FWS and NOAA Fisheries will consider the interpretations and principles in this proposed policy as nonbinding guidance in making individual listing determinations. As nonbinding guidance, FWS and NOAA Fisheries will apply these interpretations and principles only as the circumstances warrant, and the agencies will independently explain and justify any decision made in this interim period in light of the circumstances of the species under consideration.

Before finalizing the policy, FWS and NOAA are seeking public comments on the proposal for 60 days beginning on the date of the proposed rule’s publication in the Federal Register. All comments will be posted on http://www.regulations.gov. Follow the instructions for submitting comments to Docket No. [FWS–R9–ES–2011–0031].

In preparing a final policy, FWS and NOAA Fisheries will consider all comments and information received during the comment period on this proposed policy, as well as experience gained during the interim period.

$15,300 Penalty for Late Air Permit Renewal Application

Stein Inc., has agreed to pay Ohio EPA a $15,300 penalty as a settlement for violating Ohio’s air pollution permitting regulations at its slag material recycling operation located 2032 Campbell Road in Cleveland.

In October 2009 and June 2010, Ohio EPA notified the company that its application for an air permit renewal was due no later than September 24, 2010. The company submitted the renewal application on January 5, 2011, more than three months after the filing deadline. A valid permit is important because it contains the operating and monitoring requirements the company must follow to ensure its facility does not adversely impact air quality or public health.

Stein was cited for failing to submit a permit renewal application at least six months prior to the expiration of its existing permit and for operating the facility after its permit expired. The violations were documented by the Cleveland Division of Air Quality, Ohio EPA’s contractual representative for administering Ohio’s air pollution control laws in Cuyahoga County.

 

Fertilizer Company Agrees to Pay $1.8 Million Penalty to Resolve Hazardous Waste Violations

Violations include processing and disposing of hazardous wastewater without a permit and the improper routing of effluent from a scrubber through a cooling tower. The settlement will protect public health and the environment by reducing possible releases of hazardous wastewater into area waterways. Agrifos currently produces sulfuric acid and ammonium sulfate fertilizers.

“EPA is committed to protecting the public from releases of hazardous wastewater at phosphoric acid plants,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement will significantly reduce the amount of contaminated runoff flowing from the Agrifos facility into local waterways, including the Houston Ship Channel.”

Under the agreement, Agrifos will spend $600,000 to implement a supplemental environmental project. The project involves the construction of a stormwater collection and containment barrier around its fertilizer production unit to eliminate or minimize impact on the environment. The containment structure will contain all spills and leaks from the fertilizer production unit and collect contaminated stormwater runoff from wet weather events for reuse in the production process. Based on the average rainfall at the facility, the containment barrier is expected to capture more than one million gallons of contaminated stormwater annually for reuse.

“When a company fails to control pollution, the EPA will vigorously enforce our environmental laws,” said EPA Regional Administrator Al Armendariz. “This case not only brings about penalties but also requires corrective action to prevent reoccurrence that would threaten our state’s waterways.”

There have been four enforcement actions related to the Agrifos site in the last three years. In September 2010, Agrifos paid a $535,206 civil penalty to EPA for Emergency Planning and Community Right-to-Know (EPCRA), Superfund, and CAA violations at its facility. In November 2010, a settlement for $1.485 million was reached with Air Products, an adjacent chemical facility, to resolve violations which included the exchange of contaminated waste acid from Air Products to Agrifos. In September 2010, a settlement with ExxonMobil requires ExxonMobil to conduct extensive closure and cleanup work on the phosphogypsum stacks system at the Agrifos facility, which was previously owned by ExxonMobil. ExxonMobil also agreed to pay a $100,000 civil penalty. And, in September of 2008, RCRA and Superfund orders were issued to ExxonMobil and Agrifos to address the release of contaminated wastewater from the gypsum stacks at the Agrifos site into the Houston Ship Channel.

The settlement is part of EPA’s enforcement initiative to reduce pollution from mineral processing operations. EPA has focused on ensuring compliance in the phosphoric acid industry because of the high risk.

Senate Passes Udall-Schumer Buy American Solar Amendment for Defense Dept.

US Senators Tom Udall (D-N.M.) and Charles E. Schumer (D-N.Y.) announced the passage of an amendment they sponsored to close loopholes that put American manufacturers of solar technology at a disadvantage to foreign competitors. The Buy American Solar Amendment, which passed Thursday night as part of the 2012 National Defense Authorization Act, will ensure that “Buy American” requirements apply to all photovoltaic (solar) devices that supply power Department of Defense property or facilities. The amendment was also co-sponsored by Sens. Jeff Bingaman (D-N.M.), Sherrod Brown (D-Ohio), Tom Harkin (D-Iowa), Joe Manchin (D-W.V.), Bernie Sanders (I-Vt.), and Debbie Stabenow (D-Mich.).

The Department of Defense is required to comply with the Buy American Act and purchase American-made goods, including solar panels. In practice, however, the Buy American requirements often do not apply to solar projects at military facilities because third-party producers procure, install and maintain solar panels, financed by innovative long-term energy contracts with the department. Since the Department of Defense buys the power, and not necessarily the solar panels, a loophole in Buy American requirements has emerged where the military can purchase power from producers who do not use Buy American compliant panels.

The Buy American Solar Amendment will close this loophole and create a level playing field for US solar manufacturers.

“The Department of Defense is a leader on utilizing solar power-not only for environmental reasons, but for national security reasons by making its facilities less dependent on outside power sources,” said Udall. “We are closing this loophole so that the Department of Defense always buys American when it funds solar projects for its energy security. China does not use US solar panels at its military bases, so why should we use theirs at ours?”

“When it comes to charging up the American manufacturing sector and slashing our dependence on sources of foreign power, US defense facilities should be using American-made solar panels in their clean energy initiatives without exception,” said Schumer. “The ‘Buy American’ requirement could not have been clearer, and I’m thrilled that the Senate has closed the loophole that allows foreign solar panel manufacturers to unfairly compete their way into our defense facilities.”

The amendment is supported by the US Army and solar manufacturers with significant US operations, including Sharp Electronics, Schott North America, Sanyo North America, Solar World Industries America, Suniva, Konarka Technologies, Kyocera Solar, and United Solar Ovonic. Schott Solar North America operates a significant manufacturing facility in Albuquerque, New Mexico. Despite the tough economic climate, more than 20 new US solar manufacturing facilities have begun operations across America in 2010 and 2011. The US solar industry employs more than 100,000 Americans, and is one of the fastest growing sectors in the economy.

“New Mexico companies, like Schott Solar, will greatly benefit from this amendment. It is also an important investment in our country’s homegrown solar businesses,” Bingaman said.

It is also supported by the International Brotherhood of Electrical Workers and the Blue-Green Alliance. It maintains all existing provisions of the Buy American Act, which is consistent with international obligations of the US. Other nations that provide equal access to their government procurement markets qualify under Buy American, but large solar producers such as China and Malaysia do not qualify.

The Fiscal Year 2011 National Defense Authorization Act attempted to close this loophole, but Department of Defense procurement actions over the last year showed that the provision (Sec. 846 of P.L. 111-383) failed to meets its objective, since it still required the department to become the ultimate owner of the solar device and use it “exclusively” for the “full economic life” of the device. The Buy American Solar Amendment eliminates those loopholes to ensure that the Department of Defense solar project meets “buy American” requirements.

The House-passed National Defense Authorization Act, H.R. 1540, also includes a provision to finally close the loophole.

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Trivia Question of the Week

Americans throw away how much more trash between Thanksgiving and New Year’s Day than at any other time of the year:
a. 10%
b. 25%
c. 50%
d. 100%