According to the Center for Public Integrity, EPA has maintained lists of companies that the agency is keeping tabs on for compliance with the Clean Air Act (CAA), Clean Water Act (CWA), and the Resource Conservation and Recovery Act (RCRA).
The ERPs define when a violation of environmental laws and regulations becomes significant. In the CAA enforcement program, these violations are referred to as high priority violations. The data sheet also indicates that the watch list might not include facilities that should be listed—particularly if violation data has not been reported properly to EPA by the state.
Charlotte, North Carolina RCRA and DOT Training
Cary, North Carolina 40-Hour and 24-Hour HAZWOPER Training
Wilmington, Delaware RCRA and DOT Training
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
DOT Issues First Ever Order to Stop Companies from Transporting Cylinders Filled With Experimental Gas
The DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) has declared several California based companies an imminent hazard, and ordered the companies to immediately cease all transportation of the experimental gas known as TyLar. The investigation, conducted by PHMSA, found a pattern of severe explosions resulting in at least one fatality, serious property damage, and injuries associated with TyLar.
“The safety of the American people is my top priority,” said US Transportation Secretary Ray LaHood. “And when companies put the traveling public at risk by recklessly disregarding safety regulations, we will take action.”
This action prohibits Strategic Sciences Inc., Realm Industries, Rainbow of Hope, and Timothy A. Larson from filling any cylinder with TyLar gas and from transporting those cylinders. PHMSA used its authority, which was granted under the Hazardous Materials Transportation Safety and Security Act, because investigators determined this experimental gas posed an imminent hazard to the public, health, property, and the environment.
“The safety of our nation’s hazardous materials transportation system is a priority and the investigation into these incidents is ongoing,” said PHMSA Administrator Cynthia L. Quarterman. “It is our responsibility to ensure that hazardous materials are properly marked, packaged and shipped to U.S. households and businesses, and we take that responsibility very seriously.”
An explosion involving TyLar gas on August 9, in Sylmar, California, injured three people and resulted in substantial property damage to the production facility. An ongoing investigation, being conducted by PHMSA’s Western Field Operations Office and in collaboration with other law enforcement and safety agencies, indicates that an undeclared shipment of TyLar was placed into transportation in DOT approved 3AA cylinders as recently as August 8, the day before the catastrophic explosion.
Other explosions have also resulted from the transport of TyLar. On June 17, 2010, an explosion resulted in a fatality at a previous TyLar business location. On December 15, 2008, a TyLar facility suffered an explosion that caused property damage but no injuries. In addition, TyLar’s exact composition and properties have not been revealed.
States Call for Bipartisan Action on Federal Toxics Law
A group of state environmental leaders from California, Maryland, Michigan, Minnesota, Vermont, Washington, and the Environmental Council of the States (ECOS) praised Sen. Frank Lautenberg, D-New Jersey and Sen. James M. Inhofe, R-Oklahoma, for conducting a hearing to help advance legislation that updates the 35-year-old Toxic Substances Control Act (TSCA).
TSCA is the primary federal environmental law that regulates the safety of the tens of thousands of chemicals used every day in the US. Over the past several months leaders from industry, government and environmental groups have been working with the Senate to forge a major federal overhaul.
“I believe there has never been such broad agreement that TSCA needs to be fixed,” said Ted Sturdevant, Director of the Washington State Department of Ecology. “States urge Congress to establish a strong federal system that ensures the safety of chemicals in commerce.”
In the absence of an effective federal chemical safety law, states have stepped in to protect people and the environment. During the past eight years, 18 states have passed bipartisan supported legislation ranging from comprehensive chemical safety laws to bans on specific high-risk chemicals. For example, California recently joined 10 other states in banning Bisphenol A (BPA) from baby bottles and sippy cups.
“Federal leadership of chemical regulation policy is essential,” said Debbie Raphael, Director of California’s Department of Toxic Substances Control, part of the California Environmental Protection Agency. “While California is paving the way in terms of seeking alternatives for toxic chemicals in consumer products, we need a strong effort on a national scale, and we applaud this bipartisan effort.”
But most states do not have the capacity or expertise to set up individual chemical management programs to deal with the unintended consequences of problem chemicals in commerce. Of particular concern are the cleanup costs resulting from persistent bioaccumulative toxics, known as PBTs.
“Michigan strongly supports this legislative reform because states do not have the resources to develop 50 individual state chemical management plans across the country,” said Michigan Department of Environmental Quality Director Dan Wyant. “In Michigan, we are working to be leaders in green chemistry—creating new products and economic opportunities that make a difference in people’s lives.”
“The Environmental Council of the States supports TSCA reform and has articulated the points that the states believe need to be addressed in three resolutions adopted by the state environmental agencies’ leaders,” said Tom Burack, ECOS President and Commissioner of the New Hampshire Department of Environmental Services. “We are pleased to see bi-partisan interest in making improvements to this law, and look forward to working with Congress and others to achieve them.”
State legislatures have been active during the 2011 state legislative season. For example, New York is the first state to ban the use of “Chlorinated Tris” or tris(2-chloroethly) phosphate in children’s goods starting in 2013, and Connecticut is the nation’s first state to ban BPA from thermal paper in cash register receipts. State legislatures meeting in 2012 are expected to continue addressing toxic chemical concerns.
Arizona Withdraws from Western Climate Initiative, Joins Regional Plan Favoring Broader Energy, Jobs Push
Arizona has formally withdrawn from the emissions trading program known as the Western Climate Initiative (WCI) and joined a new initiative called North America 2050, which will spur energy innovation and create economic opportunities while reducing carbon emissions, Arizona Department of Environmental Quality Director Henry Darwin announced recently.
“Arizona believes there are more effective, responsible ways to realize the environmental and health benefits the WCI program seeks to achieve while avoiding the economic costs to industries that are subject to cap and trade,” Darwin said, adding that those costs are ultimately borne by the customers and ratepayers of the affected industries.
Instead, Darwin said Arizona has taken the lead with 13 other states and four Canadian provinces in the North America 2050 collaborative, which will spur economic growth while protecting the environment. Among the collaboration topics are exploring carbon capture and sequestration and the use of sustainably harvested biomass fuels to displace high carbon fuels, developing benchmark approaches to encourage industrial energy efficiency, and developing high quality offsets that may be used in emissions trading programs. Each of the states and provinces will participate in those areas that align with their priorities and interests.
“This new collaboration gives states and provinces the ability to lead and influence the evolving climate and energy policies in our respective countries. For Arizona, the emphasis is on finding ways to create jobs and stimulate the state economy through technological advancements in the clean energy sector,” Darwin said.
The WCI was composed of seven Western states and four Canadian provinces in a regional effort to reduce global carbon pollution. Governor Brewer signaled in a February 2010 executive order that Arizona would not participate in the trading program that seeks to cap carbon emissions while enabling businesses covered by the cap to trade allowances, or credits, in lieu of meeting their reduction goals.
On November 10, California and four provinces announced the formation of a non-profit organization to administer the WCI cap-and-trade program and service its technical needs. Arizona and other states formerly identified with WCI decided to clarify that they are no longer associated with the organization.
California Air Resources Board Issues Statement in Support of North America 2050
The new North America 2050 (NA 2050) initative facilitates state and provincial efforts to design, promote, and implement cost-effective policies that reduce greenhouse gas (GHG) emissions and create economic opportunities. The role of NA2050 was included in an announcement by the Western Climate Initiative of the formation WCI Inc., a new non-profit corporation formed to provide administrative and technical services to support the implementation of state and provincial GHG emissions trading programs.
California Air Resources Chairman Mary D. Nichols issued the following statement:
California, along with state and provincial representatives from the Regional Greenhouse Gas Initiative (RGGI), the Western Climate Initiative (WCI), and the Midwestern Greenhouse Gas Reduction Accord (Midwest Accord), is delighted to introduce North America 2050 (NA 2050), as the next phase of the 3-Regions Collaborative, which began in 2009.
We have high hopes that this effort will enable our state and provincial partners to join us in taking comprehensive action that reduces GHG emissions and creates economic opportunities. Whether through adopting California’s Advanced Clean Cars program, or implementing a Low Carbon Fuel Standard, or requiring energy efficiency audits for major industrial polluters, or requiring electrical utilities to serve their customers with renewable energy, there are many opportunities for states and provinces to take real, measurable steps to cut carbon emissions and reduce petroleum dependency.
California is continuing to work through the Western Climate Initiative (WCI) to put in place the most comprehensive cap-and-trade program designed to date. After several years of study and deliberation, the National Academy of Sciences recommended pricing carbon emissions to drive major investments in energy efficiency and low-carbon technologies as part of a comprehensive strategy.
Just this week, an independent study of the Regional Greenhouse Gas Initiative (RGGI) confirmed that recommendation, finding that the RGGI cap-and-trade program has increased economic growth and job creation in the participating states. We are confident that the successful track record and economic benefits of cap-and-trade programs will encourage additional states and provinces to join us in leading the clean energy economy.
Connecticut Joins Multi-State Effort to Compel EPA to Issue New Air Quality Standards
Connecticut and 11 other states notified the EPA of their intent to sue after 60 days over the agency’s failure to issue revised National Ambient Air Quality Standards for Particulate Matter, or soot, as required by the CAA.
Connecticut was among the 10 states that also filed a mandamus petition with the US Court of Appeals for the D.C. Circuit. It asks the court to order the EPA to issue a new standard—as required in the court’s decision in a successful 2009 challenge to the current standard for soot.
That lawsuit alleged that the current standard for fine particulates, first set in 1997 and affirmed in 2006, failed to prevent harm to vulnerable and at-risk populations, such as children and the elderly. EPA estimated that more than 10,000 deaths could result each year from exposure to fine particles permitted under the current standards. Exposure to fine particulates can cause serious breathing problems and heart disease.
“Connecticut citizens cannot afford to wait any longer for EPA to do what it is required to do by law and by court order,” Attorney General Jepsen said. “Unhealthy levels of air pollution are threatening people’s lives.”
The CAA requires EPA to set primary and secondary standards for any air pollutant that may reasonably be anticipated to endanger public health or welfare. It also requires those standards to be reviewed every five years and revised and updated as recommended by an independent committee.
The notice of intent to sue was triggered by EPA’s failure meet the timetable for review set by law. The mandamus petition was prompted by EPA’s failure to comply with the appellate court’s 2009 order to reconsider its primary annual standard for fine particulate matter.
The notice and the mandamus petition were filed by New York Attorney General Eric Schneiderman on behalf of the states. Other states participating in the notice to sue include: the California Air Resources Board, Delaware, Maryland, Massachusetts, New Hampshire, New Mexico, Oregon, Rhode Island, Vermont, and Washington.
Assistant Attorneys General Scott N. Koschwitz and Kimberly Massicotte are handling this matter for the Attorney General with Associate Attorney General Joseph Rubin.
California Facility Burned Hazardous Waste, Operated Without Any Permits
Two men and two women were fined $189,600 and ordered to clean up a site near Lake Elsinore, California, where they stored hazardous waste in 2 unpermitted tanks (2,000 and 3,000 gallons) and burned the waste, resulting in soil, groundwater, and air contamination. State officials found metals, volatile organics, Dioxins, and PAHs on the site.
California Announces Advanced Clean Car Rules
The package continues California’s leadership role in developing innovative and ground breaking standards for vehicles. It is designed to clean the air, fight climate change, deliver savings to consumers, and drive job development in California. Thanks to the rules, vehicles sold in 2025 will cut fuel costs at the pump by at least 40% along with a 50% reduction in the quantity of GHG emissions.
“California once again leads the nation in setting the toughest standards that will deliver the cleanest vehicles,” said ARB Chairman Mary D. Nichols. “This package assures the development of environmentally superior cars that will continue to deliver the performance, utility, and safety vehicle owners have come to expect.”
The Advanced Clean Cars program combines the control of smog- and soot causing pollutants and GHG emissions into a single coordinated package of requirements for model years 2015 through 2025. The package also includes a zero-emission vehicle mandate as the focused technology-forcing element, requiring manufacturers to produce increasing numbers of zero-emission vehicles and plug-in hybrid electric vehicles in the 2018-2025 model years.
“California’s groundbreaking requirement for steadily increasing numbers of zero-emission vehicles provides the underpinning we need for a rapid shift to cars that reduce our dependence on petroleum and toward cheaper and cleaner alternative domestic fuels like electricity and hydrogen.”
The Advanced Clean Cars package of regulations is designed to deliver:
- A 47% reduction of GHG emissions by 2025, compared to today’s levels;
- A further 75% reduction in smog-forming emissions by 2025;
- One in seven new cars sold in 2025 (15.4%) be a zero-emission or plug-in hybrid vehicle;
- A total of 1.4 million zero-emission and plug-in hybrid vehicles on the road in California by 2025;
- A reduction of 40 million tons of GHG in 2025, the equivalent of taking eight million cars off the road; and
- A savings of $5 Billion in operating costs in 2025 for California drivers. This will rise to $10 Billion in 2030 when more advanced cars are on the road.
The proposed Advanced Clean Car package has been in development over the past three years and is composed of four separate but related regulations:
GHG standard for cars and light trucks, model years 2017–2025
This regulation builds on California’s first-in-the-nation GHG standard that was later adopted by the federal government as part of a national program in 2009. The current proposal to strengthen the GHG standard was developed in tandem with the federal government over the past three years, toward accommodating manufacturers’ desire for a single national program within California’s separate motor vehicle emission control program. It is designed to parallel the national GHG and fuel economy standards rule the US EPA and the Department of Transportation are releasing under their coordinated rulemaking.
The proposed new standard drops GHG emissions to 166 grams per mile, a reduction of 47% from current levels. This will be achieved through existing technologies (such as hybrid cars), the use of stronger and lighter materials, and more efficient drivetrains and engines.
Reducing Smog-Forming Emissions
California will need to reduce smog-forming pollution by an additional 75% from 2016 levels to help meet more stringent federal air quality standards expected in the next few years. Since California continues to have the nation’s worst air quality, and has more than 26 million cars on the road, it is necessary to further reduce smog-forming pollution from cars. This regulation will drive the development of the cleanest cars yet that use today’s diesel, gasoline-powered, or typical gas-electric hybrid internal combustion engines.
Zero Emissions Vehicle Regulation
This regulation builds on the program in place since 1990 and is designed to rapidly increase Zero Emissions Vehicle (ZEV) production to early commercial volumes, establishing a sustainable and growing market for these advanced technology vehicles. This will place California on a path to reduce GHG emissions by 80% by 2050, a goal adopted by many nations and believed necessary to stabilize climate temperature.
ARB analysis demonstrates that the ZEV regulation is required to put 1.4 million ZEVs on the road by 2025 (15.4% of new vehicle sales in that year) in order to be on track to reach the 2050 GHG reduction goal. A transitional model—the plug-in hybrid car—will play a significant role over the next twenty years but by mid-century, 87% of cars on the road will need to be full zero-emission vehicles to achieve our climate goals.
Clean Fuel Outlets
This regulation is designed to address the pending commercialization of zero-emission hydrogen fuel cell vehicles by requiring the construction of hydrogen fueling stations. Construction of the new stations will provide a convenient fueling infrastructure, first within the major air basins but ultimately throughout the state.
Washington Proposes Modifications to WSDOT Stormwater Permit
The Washington Department of Ecology (Ecology) is seeking public comments on proposed modifications to the state Department of Transportation (WSDOT) stormwater permit.
The permit regulates polluted runoff from state highways and other transportation facilities in urbanized areas of the state. Among other provisions, the permit requires treatment of highway runoff from new pavement, and in some cases, existing pavement.
Ecology will hold a public workshop and hearing about the permit changes at 9:00 a.m., December 19, 2011, at Ecology headquarters at 300 Desmond Drive SE in Lacey, Washington. The purpose of the hearing is to provide an opportunity for people to give formal oral testimony and comments on the proposed permit.
Untreated runoff can degrade water quality and carry contaminants into downstream waters. It can contaminate fish and wildlife habitats and drinking water supplies. Pavement, which is pervasive in urban settings, prevents stormwater from soaking into the ground where it can be naturally treated before entering surface water and groundwater.
Water cleanup plans, also known as Total Maximum Daily Load studies, are overseen by Ecology and required by the federal CWA.
The modification is part of a settlement agreement resulting from an appeal of the permit by Puget Soundkeeper Alliance.
Ecology will accept written and oral comments on the proposed changes to the permit until 5:00 p.m. December 23, 2011.
Foroozan Labib
Washington Department of Ecology
P.O. Box 47600
Olympia, WA 98504-7600
After Ecology receives and considers all public comments it will make necessary changes and issue the permit. Ecology expects to issue the permit in January 2012.
Pennsylvania Defends States’ Ability to Regulate Hydraulic Fracturing
States where hydraulic fracturing is taking place are properly overseeing the activity and do not need federal interference, Pennsylvania Department of Environmental Protection Secretary Mike Krancer told members of Congress on November 16.
Krancer testified before the US House of Representatives’ Subcommittee on Water Resources and Environment, of which Reps. Bill Shuster (R-PA) and Jason Altmire (D-PA) are members. The group is part of the Transportation and Infrastructure Committee and called the hearing to focus on states’ wastewater handling and regulations.
Hydraulic fracturing, or fracking, is a process used in oil and natural gas drilling that injects a mixture of sand and water into the cracks of rock formations to create fissures that allow more oil and gas to be extracted.
“It is total fiction that sewage treatment plants are discharging these ‘terrible’ waste products into the waterways,” Krancer said. “The question here is whether the states are capable, and the states are doing a good job.”
Because each state has unique geography, topography, and geology, a federal “one-size-fits-all” approach to regulation would be “unwise, duplicative and unnecessary,” Krancer testified.
“We have to be guided by facts and science—not fiction and emotion,” Krancer said, adding that the latter guide much of the criticism of natural gas drilling.
He reminded the committee that there have been more than 1.2 million wells fracked across the nation over the last 60 years, and that neither the EPA nor state regulatory agencies have seen any documented cases of fracking causing contamination of drinking water supplies.
Krancer credited Pennsylvania’s aggressive, robust regulatory program and oversight of natural gas activities, including the administration’s April 2011 call to drillers to stop delivering shale gas production wastewater to exempted treatment facilities, with protecting Pennsylvania’s surface and groundwater.
“The shale gas here is abundant, available, domestic, clean and cheap, and is already transforming our economy by creating tens of thousands of jobs and lower energy prices,” Krancer said. “And that is just the beginning.”
MassDEP and Mass Food Association Announce Success in Plastic Bag Reduction Initiative
The Massachusetts Department of Environmental Protection (MassDEP) and the Massachusetts Food Association (MFA) announced that a joint initiative with the grocery and supermarket industry to reduce the number of disposable paper and plastic shopping bags distributed in Massachusetts has achieved excellent results during the first three years—a reduction of 33% since 2007.
“A 33% reduction in the use of disposable plastic and paper bags is impressive, and I applaud the public-private partnership that helped to make it possible,” Energy and Environmental Affairs Secretary Richard K. Sullivan Jr. said. “I want to thank the grocery stores and supermarkets for working with MassDEP to reduce disposable bag use, and the public for responding to their efforts.”
As part of the voluntary initiative, 12 supermarket chains, comprised of 384 stores representing more than two-thirds of the industry in Massachusetts, have been participating in the effort by tracking annual paper and plastic bag usage. Participating chains reported a 33% reduction in disposable bag distribution in Massachusetts since 2007. The goal of the initiative is a reduction of at least 33% by 2013.
“A key MassDEP priority is to minimize the waste stream, and reducing the use of disposable bags by 33% is a great step forward,” MassDEP Commissioner Kenneth L. Kimmell said. “Having met the initial goal two years early does not mean an end to the effort. Consumers are obviously adopting new behaviors and we hope to see continued reduction in the future.”
“On behalf our supermarket and grocery store members, MFA applauds the results of the joint initiative that the industry and MassDEP officially launched in March of 2009,” MFA President Christopher Flynn said. “By achieving a 33% reduction in the use of disposable paper and plastic bags by using an incentive-based, voluntary approach, we have shown that a balance between environmental stewardship and consumer choice can achieve significant results. We look forward to continuing our work with the state to build upon this success and further reduce the reliance on disposable bags in our stores.”
Each supermarket chain has implemented steps to encourage using less disposable bags, including training staff to reduce wasteful distribution of bags, offering reusable bags for sale, providing cash incentives for reusable bag use, accepting used plastic bags for recycling, and posting instructional signs reminding patrons not to forget to bring their reusable bags.
Participating grocery chains include: Big Y Supermarkets, Crosby’s, DeMoulas Market Basket, Donelan’s, Foodmaster, Hannaford Bros., Price Chopper, PriceRite, Roche Bros., Shaw’s Supermarkets, The Stop & Shop Supermarket Co., and Trucchi’s.
DOE and EPA Release 2012 Annual Fuel Economy Guide
While fuel efficient vehicles come in a variety of fuel types, classes, and sizes, many new advanced technology vehicles debut on this year’s annual list of top fuel economy performers. Fuel economy leaders within each vehicle category—from two-seaters to large SUVs—include widely available products such as conventional gasoline models and clean diesels.
These labels are actually required in model year 2013, but automakers may voluntarily adopt the new labels in model year 2012.
The estimate is calculated based on the vehicle’s miles per gallon (mpg) rating and national estimates for annual mileage and fuel prices. The online version of the guide allows you to input your local gasoline prices and typical driving habits to receive a personalized fuel cost estimate.
Printed editions of the guide are coming to dealer showrooms. EPA and DOE will provide online updates of fuel economy information as more 2012 vehicles become available. Bring the mobile version to the car dealership the next time you shop for a car: http://fueleconomy.gov/m.
Parker Plate LLC Fined $51,000 to Resolve Hazardous Waste Violations as Part of ADEQ’s Plating Initiative
The Arizona Department of Environmental Quality (ADEQ) and Arizona Attorney General’s Office announced that Parker Plate, LLC, will pay a $51,000 penalty as part of a consent judgment for hazardous waste violations at its former La Paz County plating facility.
The settlement with Parker Plate, which manufactured custom license plate frames, brings to 13 the number of electroplating facilities in Arizona brought into compliance with hazardous-waste rules under ADEQ’s “Plating Initiative.” ADEQ launched the initiative in 2008 after facility inspections beginning in 2004 determined that many facilities were not in compliance with the Arizona Hazardous Waste Management Act, which regulates hazardous waste in the state.
The company was cited for a number of violations following repeated ADEQ inspections from 2006 through 2009. The violations included treatment, storage and disposal of hazardous waste without a permit; failing to properly mark containers and tanks; improperly storing and characterizing hazardous waste; failure to comply with emergency preparedness requirements; not having a contingency plan; and failure to have personnel training requirements.
A total of 860,000 lb of soil was removed during environmental remediation because of chromium contamination at the site.
“Their inappropriate management of hazardous waste contaminated an area with close proximity to homes and other businesses,” said ADEQ Director Henry Darwin.
“Any company handling hazardous waste needs to rigorously comply with state standards to protect the health of our citizens and our environment,” Attorney General Tom Horne said. The consent judgment is subject to court approval.
DP&L Fined for Risk Management Violations
The Dayton Power and Light Company (DP&L) has worked with Ohio EPA to address violations of air pollution control requirements at its J.M. Stuart electric power generating station, located at 745 US Rt. 52 in Aberdeen, Ohio.
Ohio EPA regulates air pollution to protect public health and the environment. The Agency also establishes emission limits and other conditions for permits to ensure that facilities are operating in compliance with state and federal air pollution control standards, laws, and regulations.
Facilities with or above a certain quantity of a regulated substance are required to submit a risk management plan (RMP). The RMP contains detailed information on what DP&L will do should there be an accidental release of a toxic substance from the facility. J.M. Stuart facility stores 1.2 million lb of anhydrous ammonia, a regulated substance, onsite for use in its air pollution control equipment. DP&L has submitted RMPs to Ohio EPA.
During a RMP compliance inspection in February 2011, Ohio EPA discovered eight violations of the RMP regulations. Ohio EPA issued the company a notice of violation in March 2011, and DP&L corrected one of the violations by determining and documenting an appropriate response to the findings of a 2007 internal compliance audit.
The remaining violations include failure to: provide required operator training every three years; fully implement employee participation and contractor programs; create and implement a mechanical integrity program; complete recommendations derived from the process hazard analysis; annually certify operating procedures; and implement a pre-startup review. Two of these violations were the same ones that had been noted during a 2004 RMP compliance inspection. At that time, no penalty was assessed and DP&L corrected the two violations.
Columbus Steel Castings to Pay $825,000 for Violating CAA
Columbus Steel Castings Company, Inc., located on the south side of Columbus, Ohio, was sentenced to pay $825,000 and install additional devices to prevent air pollution after pleading guilty on July 28, 2011 to six counts of violating the CAA. The violations include failing to operate air pollution controls, failing to report violations, failing to perform required monitoring, and failing to conduct stack testing to demonstrate compliance with the CAA.
“EPA is committed to protecting communities from illegal air pollution that threatens people’s health,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s sentence will benefit the local community and shows that companies that fail to operate the necessary air pollution controls will be held accountable.”
“This sentence helps safeguard against further violations,” US Attorney Carter M. Stewart said. “It also provides for environmental education and health care services for residents who live near the plant.”
The company admitted that between 2004 and 2007 it failed to operate air pollution controls for four different emission sources at the plant for varying periods of time. The company also failed to report malfunctions of air pollution control equipment. Daily visual emission checks, designed to determine if the plant was emitting excess dust or smoke, were not conducted on weekends while the facility was operating. Stack tests, which are necessary to ensure compliance with the CAA, were not conducted as required by the company’s air permit. The company also failed to submit accurate annual compliance certifications.
The company was sentenced to pay a $660,000 fine and a total of $165,000 to two different Columbus charitable organizations, Grange Insurance Audubon Center and Physicians Free Clinic, which serve residents who live near the plant. One project will fund a program that provides environmental education to students. The other project will provide medical services, medications, and transportation services for residents of the south side of Columbus with ailments, including asthma, and treatments, including medications, related to respiratory illnesses.
The judge also ordered the company to install interlock devices designed to shut down emission sources when the associated air pollution control equipment is not in operation.
The case was investigated by the US EPA, the Ohio EPA, and the Ohio Attorney General’s Office. The US Attorney’s Office for the Southern District of Ohio and the US EPA prosecuted the case.
Ag Processing Inc. Fined $96,588 for Failure to Develop Facility Response Plan
Ag Processing Inc., (AGP), a farmer-owned cooperative involved in the acquisition, processing, and marketing of grain products, has agreed to pay a $96,588 civil penalty to the US for its failure to develop and implement a Facility Response Plan for its soybean processing facility in Mason City, Iowa.
According to an administrative consent agreement filed by EPA Region 7 in Kansas City, Kansas, the Agency inspected the Mason City facility in January 2009. The inspection found that although the facility has a documented storage capacity of more than 1 million gallons of soy oil and/or fuel oil (actually 5.6 million gallons of capacity) it had not submitted a Facility Response Plan to EPA, as required by the federal CWA. The facility also had not developed or implemented a facility response training program or a drill/exercise program, as required by the regulations.
The Mason City AGP facility is located within 300 feet of a perennial stream, Cheslea Creek, which flows through two small lakes, then into Willow Creek and the Winnebago River. Without a Facility Response Plan, the Mason City facility was not adequately prepared for a worst-case discharge to the nearby waters, including potential negative impacts to wetland habitat areas.
AGP’s settlement includes a schedule of steps that the company must take to submit to EPA a Facility Response Plan for the Mason City facility, and an agreement to conduct a revised evaluation of whether a Facility Response Plan is required for its facility in Emmetsburg, Iowa.
EPA’s civil enforcement action is part of the Agency’s efforts in Region 7 (Iowa, Kansas, Missouri, Nebraska, and nine tribal nations) to make certain that owners and operators of the largest oil storage facilities—with capacity of 1 million gallons or more—are prepared to respond to worst-case discharges, accidents and emergencies, and to protect sensitive environments that could be threatened by such incidents.
Consolidated Industries Inc. Fined for EPCRA and RMP Violations
Consolidated Industries Inc., a company that makes metal parts for the aerospace industry has agreed to pay a penalty of $105,240 to settle claims by EPA that the company violated federal CAA requirements meant to prevent chemical releases as well as federal community right-to-know laws.
These forms are required for the federal Toxics Release Inventory.
An accidental release of hydrofluoric acid could have severe consequences, due to its high toxicity and ability to travel significant distances downwind as a dense vapor. The complaint stemmed from an April 2010 inspection of the facility as well as follow-up letters seeking additional information.
Failure of a facility to file chemical inventory forms deprives the community of its right to know about potential releases and the presence of chemicals in the neighborhood that could affect the public’s health and the environment. In addition, the forms help ensure the validity of health studies based on the TRI data base and contribute to adequate comprehensive planning by federal, state, and local authorities in cleaning up industrial pollution.
Risk Management Plans required under the CAA help prevent accidental releases of substances that can cause serious harm to the public and the environment and can reduce the severity of releases that do occur. Risk Management Plans document a company’s compliance with several important accident prevention and response regulations, including requirements to assess risks posed by the chemical, develop safe operating procedures, train employees in how to manage dangerous chemicals, design and operate a safe facility, and develop a sound emergency response plan. A company that fails to comply with RMP requirements can leave the public and environment at risk from accidental releases.
The company cooperated with EPA throughout its investigation, and has since filed the required chemical reporting forms and certified that it is in compliance with community right-to-know reporting requirements. The facility also has reported to EPA that it stopped using hydrofluoric acid in concentrations that make it subject to the Risk Management Plan requirement.
Nevada Gold Mine Pays $105,000, Corrects Reporting Violations
EPA ordered Jipangu International, Inc., to pay a $105,000 fine and correct reporting violations after the facility failed to correctly report toxic chemical releases and waste management activities at its Florida Canyon Mine and Standard Gold Mine processing facility near Imlay, Nevada.
After a careful analysis of the mine’s records, EPA inspectors determined that Jipangu failed to submit timely, complete, and correct Toxic Release Inventory (TRI) reports in 2005, 2006, and 2007 for toxic chemicals, such as cyanide compounds, used to extract gold from the ore mined at the facility, and other toxic chemicals, such as lead and mercury compounds, produced during the extraction process.
“The chemicals used at the Florida Canyon Mine and Standard Gold Mine facility have the potential to pose a danger to employees, the surrounding community and the environment,” said Jared Blumenfeld, the EPA’s Regional Administrator for the Pacific Southwest. “The EPA has been collecting information from facilities nationwide for 25 years to arm citizens and local governments with information about toxics in their area.”
Metal ore mining accounts for 97% of total toxic inventory releases reported to EPA in Nevada. This action is part of an ongoing effort began in 2008 to ensure compliance among this sector and to ensure the public has accurate and complete information about facilities in their communities.
The Jipangu International Gold Mining facility produces 1.5 to 1.7 tons of gold annually. Within the next five years, the facility plans to increase production to 15.5 tons per year.
Under the settlement, Jipangu revised its TRI reports for 2005 through 2010 and complied with EPCRA. There is no evidence to suggest that the mine’s violations posed any immediate danger to nearby communities or workers at the facility.
The EPA requires reporting of toxic chemical releases under EPCRA, which requires certain facilities that manufacture, process, or otherwise use toxic chemicals over specified amounts to file annual reports estimating the amounts released to the environment, treated, or recycled on-site, or transferred off-site for waste management. These reports are submitted to the EPA and the State or Tribe having local jurisdiction over the facility. The EPA compiles this information into a national database called the Toxics Release Inventory and makes it available to the public.
Environmental News Links
Trivia Question of the Week
Which car has the highest fuel economy rating for 2012?
a. Chevy Volt
b. Nissan Leaf
c. Mitsubishi i-MiEV
d. GMC Savana 3500
