EPA Announces New Actions to Curb Potent Greenhouse Gases

Building on the President’s Climate Action Plan, EPA Administrator Gina McCarthy joined private and public sector leaders at the White House recently to recognize progress and take new steps to curb emissions of hydrofluorocarbons (HFCs)—potent greenhouse gases (GHGs) used in refrigeration and air conditioning. Administrator McCarthy announced additional EPA actions to reduce HFC emissions and encouraged private sector investment in HFC-free technology.

“The good progress we are making on restoring the earth’s ozone layer would not have been possible without a strong public-private sector partnership,” said EPA Administrator Gina McCarthy. “I know by working together again we can tackle the challenges of climate change and meet the President’s goal to curb emissions of the most potent greenhouse gases.”

EPA announced three new actions that will help support a smooth transition to climate-friendly alternatives to HFCs, including:

• Listing additional fluorinated and non-fluorinated chemicals as acceptable alternatives in a variety of industry applications
• Identifying refrigerant management options to reduce HFC emissions from air conditioning and refrigeration equipment
• Organizing with stakeholder engagement a series of sector-specific workshops on seeking transitions away from high global warming potential HFCs

 If supermarkets nationwide reduced refrigerant leaks to the current GreenChill partner average of 12.4%, they could generate annual cost savings of over $100 million across the industry while preventing the annual emission of about 27 million metric tons of carbon dioxide equivalent (MMTCO₂eq), which is equal to emissions from the generation of electricity use by more than 3.7 million homes annually.

Target announced that it is expanding its use of HFC-free refrigeration systems, partnering with chemical producers to test the next generation of climate-friendly refrigerants, and working with a beverage cooler manufacturer to test HFC-free solutions this fall. Hillphoenix announced that it is commercializing a new, more energy efficient, HFC-free CO₂ booster system, and introducing an HFC-free hydrocarbon self-contained door case. Kroger and Port Townsend Food Co-op of Port Townsend, Washington, also announced that they joined EPA’s GreenChill partnership.

Other private sector efforts provide a strong foundation for future progress. EPA recently recognized 13 EPA GreenChill partners with the following environmental achievement awards:

• Best Corporate Emissions Rate: For the second consecutive year, Stater Bros. Markets earned the Partnership’s most prestigious award for lowering its already low refrigerants emissions rates across all their stores.
• Most Improved Emissions Rate: Buehler’s Fresh Foods was honored with the Most Improved Emissions Rate award for achieving the Partnership’s largest refrigerant leak rate reduction from 2012 to 2013.
• Superior Goal Achievement: The seven Superior Goal Achievement winners met challenging goals to reduce their refrigerant emissions. Winners include Brookshire Grocery Company, Buehler’s Fresh Foods, Food Lion, King Kullen, Meijer, Sweetbay, and Weis Markets. King Kullen earned an Exceptional Goal Achievement award for meeting a second, more ambitious corporate goal for reducing refrigerant emissions.
• Distinguished Partner: Raley’s was honored with the Distinguished Partner award for demonstrating extraordinary leadership and initiative during the year to further the GreenChill mission.

GreenChill’s Store Certification Program recognized stores for meeting strict performance criteria that demonstrate their refrigeration system has minimal impacts on the ozone layer and climate. GreenChill presented the following store certification awards:

• Best of the Best Award: The Whole Foods Market store in Brooklyn, New York, was honored for installing the most environmentally friendly refrigeration system of the 94 stores that earned GreenChill Certification over the last year. The Whole Foods store features an advanced centralized refrigeration system that uses only carbon dioxide as the refrigerant, which will lower the climate impact of refrigerant emissions by thousands of times compared with other common refrigerants used in supermarkets.
• Store Certification Excellence Award: Hillphoenix, Publix Super Markets, and Sprouts Farmer Market earned the award for achieving more GreenChill Store Certifications than their peers over the past year. The friendly store certification competition between Sprouts Farmer Market and Publix Super Markets resulted in 27 and 26 store certifications, respectively. Hillphoenix, as a leading refrigeration system manufacturer, was responsible for installing systems that met the stringent GreenChill certification criteria in 67 stores.
• Store Re-Certification Award: For five consecutive years the five supermarkets who received this award met GreenChill’s stringent certification criteria. Winners include a Weis Markets store in Hanover, Pennsylvania; a Food Lion store in Columbia, South Carolina; a Sprouts Farmers Market store in San Diego, California; and two Publix Super Markets stores, on in Winter Haven, Florida, and one in Suwanee, Georgia.

Training on New Rules for Lithium Battery Shipments

These changes are designed to ensure that lithium cells and batteries are able to withstand normal transportation conditions and are packaged to reduce the possibility of damage that could lead to an unsafe situation.

 

• Enhance packaging and hazard communication requirements for lithium batteries transported by air
• Replace equivalent lithium content with Watt-hours for lithium ion cells and batteries
• Adopt separate shipping descriptions for lithium metal batteries and lithium ion batteries
• Revise provisions for the transport of small and medium lithium cells and batteries including cells and batteries packed with, or contained in, equipment
• Revise the exceptions for small cells and batteries in air transportation
• Revise the requirements for the transport of lithium batteries for disposal or recycling
• Harmonize the provisions for the transport of low production and prototype lithium cells and batteries with the ICAO Technical Instructions and the International Maritime Dangerous Goods Code
• Adopt new provisions for the transport of damaged, defective, and recalled lithium batteries

If you ship batteries by ground or air, you must comply with the latest DOT and IATA/ICAO regulations that specify how the batteries must be packaged, marked, labeled, and transported. The rules apply not only to batteries, but also to equipment or vehicles that contain batteries as well as batteries packed along with equipment. Virtually all types of batteries are regulated, including lithium, lead-acid, nickel cadmium, and metal hydride alkaline. According to 49 CFR 172.704, all personnel involved in the classification, packaging, marking, labeling, or shipment of batteries must receive initial and recurrent transportation training.

. These webcasts are designed to meet the DOT’s for hazmat employee training of personnel responsible for the shipment of batteries. 

San Antonio RCRA and DOT Training

 

 

Cary HAZWOPER 8-Hour Refresher, RCRA, and DOT Training

 

 

Spartanburg RCRA and DOT Training

 

EPA’s New Solvent Wipe, Shop Towel Rule Demystified

 

• Does the rule apply to both cloth and paper wipes and rags?
• What solvents can be on the towels, and which are prohibited?
• Does the rule also apply to towels that contain characteristic hazardous waste?
• Can P or U-listed wastes be on the towels?
• How must the towels be stored on-site?
• Do they need to be tested for anything?
• How long can they be stored?
• How must the containers be marked or labeled?
• How must they be prepared for transportation?
• Where can you ship them and what are the disposal and recycling options?
• What are the documentation requirements?
• How is the new rule impacted by current state regulations?

 

New Air Conditioner Standards Would Rank as Biggest Energy Saver in US DOE History

 

“DOE’s new standards are a breath of cool air for businesses since air conditioners account for about 10 percent of a typical commercial building’s electricity cost,” said Steve Nadel, executive director of the American Council for an Energy-Efficient Economy. “The new standards will drive innovative, energy-efficient air conditioners into buildings across America, not only saving businesses money, but also reducing electricity demand and environmental emissions.”

“Commercial cooling is a big part of the electricity load in many parts of California,” said Vincent Davis, senior director of Energy Efficiency at Pacific Gas and Electric Company (PG&E). “Working through our efficiency programs, PG&E and the other California utilities have encouraged installation of high efficiency commercial cooling systems. These proposed new national standards will help further drive energy savings for customers.”

DOE estimates that over the lifetime of units sold over thirty years, the proposed standards would save businesses between $16 and $50 billion and reduce electricity consumption by about 1.3 trillion kilowatt-hours, or enough energy to cool all the commercial buildings in the US for 7 years. The new standards would net a typical building owner between $3,500 and $16,500 over the life of a single commercial rooftop air conditioner. Overall savings will often be higher since most buildings have multiple units. For example, a big-box store can have more than 20 rooftop air conditioners.

Rooftop air conditioners are commonly used in low-rise buildings such as schools, restaurants, big-box stores, and small office buildings. They cool about half of the total commercial floor space in the US—with most of the other half cooled by chilled water systems, residential-type central air conditioners, or individual air conditioners mounted in windows or external walls.

The current efficiency standards for rooftop air conditioners measure efficiency at full capacity despite the fact that air conditioners rarely operate at that level except on the hottest days. The new proposed standards are instead based on a metric called IEER (integrated energy efficiency ratio), which captures efficiency at 25, 50, 75, and 100% of full capacity and better reflects real-world performance. Typical new rooftop air conditioners that just meet the commercial building energy code have efficiency levels of about 9.5 to 11.5.  Equipment on the market today achieves IEER levels as high as 21. The proposed standards would set minimum efficiency levels of 12.3 to 14.8 depending on equipment type and capacity.

“Energy efficiency standards covering a range of products have been one of America’s most successful policies for meeting the nation’s energy needs,” said Andrew deLaski, executive director of the Appliance Standards Awareness Project. “Thanks to already existing standards, US electricity use will be about 14% lower in 2035. The new commercial AC standards along with other new standards completed this year will add to that record of achievement.”

DOE is now about 70% of the way towards the President’s goal. DOE is scheduled to publish a final rule for rooftop air conditioners by the end of 2015.

Yakima Fertilizer Manufacturer Fined $206,900 for Hazardous Waste Violations

The waste contained cadmium and lead, which can cause adverse health effects in people. The violation occurred in an area that had been previously contaminated and cleaned up under an order from the Washington Department of Ecology (Ecology).

“Facilities that neglect hazardous waste requirements required by law endanger the communities they operate in,” said Scott Downey, Manager of the Hazardous Waste Compliance Unit at the EPA Seattle office. “We want this settlement to result in better hazardous waste management at this facility.”

 

The facility has agreed to clean up contamination at the illegal disposal site and has submitted its plan to Ecology’s Hazardous Waste and Toxic Reduction Program. The state will provide oversight for implementation of the cleanup plan. The facility has also agreed to pay a penalty of $206,900.

Range Resources Fined $4.15 Million for Violating Environmental Regulations

Pennsylvania’s Department of Environmental Protection (DEP) has announced it has signed a consent order and agreement with Range Resources for violations at six of the company’s Washington County impoundments.

The consent order requires the company to pay a $4.15 million fine—the largest against an oil and gas operator in Pennsylvania’s shale drilling era, close five impoundments, and upgrade two other impoundments to meet heightened “next generation” standards currently under development at DEP.

“This action reaffirms the administration’s unwavering commitment to protecting Pennsylvania’s soil and water resources,” DEP Secretary E. Christopher Abruzzo said. “This landmark consent order establishes a new, higher benchmark for companies to meet when designing future impoundments, which is an environmental win for Pennsylvania.”

Violations at the impoundments include various releases of contaminants, such as leaking flowback that affected soil and groundwater. To date there has been no impact on drinking water from any of these impoundments.

Under the consent order, Range Resources will immediately begin the closure of the Hopewell Township 11 (Lowry), Cecil Township 23 (Worstell), and Kearns impoundments. Range Resources will also continue the closure of the Yeager impoundment. The company must close the Hopewell Township 12 (Bednarski) impoundment by April 1, 2015.

Additionally, the consent order also directs Range Resources to upgrade two other impoundments. The liner systems at the Chartiers Township 16 (Carol Baker) and Amwell Township 15 (Jon Day) impoundments will be completely redesigned and rebuilt to meet DEP’s forthcoming “next generation” standards.

When upgrading the two impoundments, Range Resources will install thicker liners than are currently required, an electrically conductive geomembrane that will allow better identification of potential leaks and a real-time leak detection system. Range will also fully investigate and remediate any groundwater contamination caused by the previous operation of the impoundments.

Another impoundment, Mount Pleasant Township 17 (Carter), will be limited to storing only fresh water for as long as it remains in service. Range will also install a groundwater monitoring well network at the impoundment now and will perform an environmental site assessment at this impoundment once it is permanently closed.

The company will be required to report to DEP quarterly on the progress of the shutdown and remediation of the sites.

The consent order also requires Range Resources to immediately begin soil and groundwater investigations at each of the closed impoundments to determine what, if any, impact there was from their operation of the impoundments. If contamination is found, the company is required to remediate the sites.

EPA Fines Sims Metal Management for Polluting San Francisco Bay

Since at least the early 1990s, Sims operated a conveyor belt without adequate pollution controls to prevent materials from falling off the conveyor and into the Bay.

“More than 40 years after Congress passed the Clean Water Act, it is appalling that companies continue to pollute San Francisco Bay,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Taking strong enforcement action against polluters like Sims Metal is needed if we are to once and for all end illegal dumping into the fragile Bay ecosystem.”

Sims processes and exports more than 300,000 tons of scrap metals from over 200,000 recycled vehicles and other equipment each year to China and other global destinations out of its Port of Redwood City facility.  At the time, Sims had no protective covering on the conveyor moving scrap metals from its shredder and onto ships, so the metal dust blew off the top and fell off the sides of the belt and into the Bay. EPA tested the shoreline near the conveyor and found high levels of toxic materials including mercury, lead, copper, zinc, and polychlorinated biphenyls (PCBs).

In 2011, EPA ordered Sims to clean up the shoreline, enclose its conveyor, and make other fixes to prevent future discharges to the Bay. In addition to paying a fine for those violations, the settlement requires Sims to investigate and clean up its pollution in the Bay, which will likely cost the company several hundred thousand dollars. Sims will conduct a sediment study to determine the extent of contamination in the Bay from its conveyor operations. If the study shows that its ship-loading operations polluted the Bay, Sims will have to clean up the contamination.

San Francisco Bay is the largest estuary on the Pacific coast hosting millions of migratory birds and supporting commerce and recreation for more than seven million Bay Area residents. The Bay is also heavily burdened by many sources of pollution that threaten the Bay’s marine life, including toxic metals and chemicals from industrial facilities.

Since 2008, the fund has invested over $32 million in grants to reduce polluted runoff to the Bay and restore Bay wetlands.

County of Hawaii Allows Wastewater to Endanger Public Health

EPA recently issued an order requiring the County of Hawaii to repair the Hilo Wastewater Treatment Plant’s ocean outfall pipe. The pipe is leaking treated wastewater close to shore, posing a potential risk to the marine environment and public health.

 The Hawaii Department of Health’s permit was issued on the condition that the treated wastewater would be discharged at the far end of the pipe.

“Hilo’s ocean environment and the public’s health depend on sound infrastructure to properly treat and convey wastewater,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Our action today means the County of Hawaii must make improvements to prevent wastewater from polluting Hilo’s coastal waters.”

Waves and currents moving across the floor of Hilo Bay have scoured and undercut the pipe bedding in several locations, leaving it vulnerable to further damage. The EPA order requires the county to repair and protect the pipe to fix the leaks and prevent further damage and possible catastrophic failure. The work on the outfall pipe will help ensure protection of corals and other marine life in Hilo Bay. Coral reefs are sensitive to increased nutrients in the water that can come from wastewater outfalls.

The county is required to complete its repairs within 90 days of receiving permits from the Department of Health and the US Army Corps of Engineers. Once the repairs are made, the county will need to test the integrity of the outfall pipe to confirm the leaks have been eliminated, and report the results to the EPA. The county must inspect the land-based sections of the pipe by December 31, 2014, and do any necessary repairs. In addition, the county is to assess and improve the wastewater treatment plant’s operations and maintenance by June 30, 2015.

Michigan Utility Fined $2.75 Million for Air Quality Violations

The US Department of Justice and EPA have announced that Consumers Energy, a subsidiary of CMS Energy Corporation, has agreed in a recent settlement to install pollution control technology, continue operating existing pollution controls, and comply with emission rates to reduce harmful air pollution from the company’s five coal-fired power plants located in West Olive, Essexville, Muskegon, and Luna Pier, Michigan. The settlement will resolve claims that the company violated the Clean Air Act (CAA) by modifying their facilities in a way that caused the release of excess sulfur dioxide and nitrogen oxide.

EPA expects the actions the settlement requires will reduce harmful emissions by over 46,500 tons per year, which includes approximately 38,400 tons per year of sulfur dioxide (SO₂) and 8,100 tons per year of nitrogen oxide (NOx). The company estimates that it will spend over $1 billion to implement the required measures. The pollution reductions will be achieved through the installation, upgrade, and operation of state-of-the-art pollution control devices designed to reduce emissions and protect public health. Consumers Energy will also take several coal-fired units offline and may repower additional coal-fired units with natural gas.

The settlement requires the company install to pollution control technology and implement other measures to reduce sulfur dioxide, and particulate matter emissions from its five coal-fired power plants, comprising 12 operating units. Among other requirements, the company must comply with declining system-wide limits for SO₂ and NOx and meet emission rates. In addition, the company must retire or refuel two units to natural gas and retire an additional five units.

SO₂ and NOx, two predominant pollutants emitted from power plants, have numerous adverse effects on human health and are significant contributors to acid rain, smog, and haze. These pollutants are converted in the air to particulate matter that can cause severe respiratory and cardiovascular impacts, and premature death.

The company will pay a civil penalty of $2.75 million to resolve CAA violations and spend at least $7.7 million on environmental projects to help mitigate the harmful effects of air pollution on the environment and benefit local communities—which will include paying $500,000 to the National Park Service for the restoration of land, watersheds, vegetation, and forests, or combating invasive species in the Cuyahoga Valley National Park and the Sleeping Bear Dunes National Lakeshore Park. The remaining $7.2 million will be spent on a series of mitigation projects—which may include efforts to reduce vehicle emissions; install renewable energy and energy efficiency projects; replace or retrofit wood burning appliances; and protect and restore ecologically significant lands in Michigan. Consumers Energy has five years to complete its selected projects.

The total combined SO₂ and NOx emission reductions secured from all these settlements will exceed 2 million tons each year once all the required pollution controls have been installed and implemented.

Consumers Energy is Michigan’s second-largest electric and natural gas utility, providing electric service to more than 6 million people in the Lower Peninsula of Michigan.

 

Vermont Ferry Company to Pay $100,000 Fine and Take Action to Minimize Air Emissions

Lake Champlain Transportation Company, which operates ship repair and painting facilities in Burlington and Shelburne, Vermont, will take actions to minimize air emissions and protect air quality. In addition, under the settlement, Lake Champlain Transportation Company will pay $100,000 in penalties to resolve EPA claims that the company violated both federal and state clean air regulations.

The company, which operates ferryboat services for passengers and vehicles between Vermont and New York, performs maintenance on its ferryboats at the facilities, including coating operations with the use of paint spray guns.

 

In addition, EPA alleged that Lake Champlain Transportation failed to apply for and obtain a CAA Title V operating permit.

To address the violations identified by EPA, Lake Champlain Transportation Co., will submit an implementation plan to EPA outlining how it will comply with the NESHAP. The company will also apply for permits from the Vermont Department of Environmental Conservation. Future compliance with clean air standards will help reduce health risks from the emission of these chemicals.

Many of the chemicals used by Lake Champlain Transportation Co., are both hazardous air pollutants and VOCs. Exposure to hazardous air pollutants and VOCs can cause a variety of health problems. VOCs contribute to the formation of ozone, exposure to which can damage lung tissue and reduce lung function. Children, the elderly, people with lung disease, and people with asthma are most susceptible.

Kemps LLC Fined $57,000 to Resolve Risk Management Violation

 

The agreement resolves the company’s alleged violation of the risk management provisions of the CAA, which requires facilities that store chemicals in amounts exceeding regulatory thresholds to develop and submit a risk management plan. These plans assist with emergency preparedness, chemical release prevention, and the minimization of any releases that do occur.

“Risk management plans protect communities by ensuring facilities have up-to-date procedures in place to prevent and respond to potential releases of the toxic chemicals they use,” said Suzanne Bohan, EPA’s enforcement program director in Denver. “Kemps has cooperated with EPA in resolving this matter and submitted a viable plan earlier this year.”

The Kemps dairy processing facility in Fargo is subject to the risk management provisions of the CAA due to its on-site quantity of anhydrous ammonia, a toxic chemical, which exceeds the regulatory threshold of 10,000 lb. The company has since corrected the violation by submitting a risk management plan for the facility.

The establishment of effective risk management plans helps companies, industries, and municipalities operate responsibly, assists emergency responders by providing vital information necessary to address accidents and other incidents, protects the environment by preventing and minimizing damage from accidental releases, and keeps communities safer.

California’s ARB Fines 24 Consumer Products Companies for Air Quality Violations

California’s Air Resources Board (ARB) recently announced it has settled 24 cases in the first half of 2014 involving air quality violations by companies manufacturing or selling chemically formulated consumer products. The latest cases were each less than $100,000.

Consumer products regulated by ARB are used in homes and businesses and include detergents, polishes, cosmetics, personal care products, home and garden products, disinfectants, and sanitizers. ARB regulates such products because they emit VOCs—which are gases that contribute to smog.

The violations from the products included in the latest settlements resulted in an estimated 26 tons of excess VOC emissions.

“Sometimes we don’t realize that the products we use every day can affect the air we breathe,” said ARB Enforcement Chief James Ryden. “Reducing VOC emissions from consumer products is an important component of the air quality improvement equation.”

Fines collected—a total of $406,625—go to the California Air Pollution Control Fund to support air quality projects and research to improve the state’s air quality.

The five largest fines were issued to:

• Big Lots (windshield washer fluids) — $81,000
• SalonQuest, LLC (hair styling products) — $50,750
• Advanced Healthcare Distributors, LLC (CVS) (hair styling products) — $45,000
• Renpure (hair styling products) — $33,000
• Ace Hardware Corp., and United Industries Corp. (joint settlement/crawling bug insecticide) — $26,600

 

Oil Company Charged with Felony Clean Water Act Violation

The US Attorney’s Office announced that XPLOR Energy SPV-1, Inc., (XPLOR), an Oklahoma corporation residing in Southlake, Texas, has been charged with knowingly violating the Clean Water Act, Title 33, United States Code, Section 1319(c)(2)(A), in connection with their oil and gas production activities in the Breton Sound Area of the Gulf of Mexico.

According to the bill of information, beginning on or about October 1, 2009, and continuing through November 18, 2011, in the navigable waters of the United States and within the Eastern District of Louisiana, XPLOR—by and through its agents and employees for the intended benefit of XPLOR—knowingly discharged a pollutant (i.e., produced water containing oil) from a point source (i.e., injection lines and disposal wells attached to the MP 35 Platform) into a water of the United States without a permit.

The case was investigated by EPA’s Criminal Investigation Division and the Criminal Investigation Division of the Louisiana Department of Environmental Quality. The case is being prosecuted by Matthew Coman.

MassDEP Penalizes Diesel Direct $27,320 for Failing to Report Diesel Fuel Spill

The Massachusetts Department of Environmental Protection (MassDEP) penalized Diesel Direct, Inc., of Stoughton, $27,320 for failure to notify MassDEP within two hours following the release of approximately 48 gallons of diesel in Brockton, Massachusetts, on April 24, 2013. MassDEP was notified by the Brockton Fire Department on April 30, 2013, after they were contacted, not by the company, but by an abutting business owner concerned about a diesel release to nearby wetlands.

MassDEP subsequently obtained videotape from a nearby surveillance camera and determined a Diesel Direct delivery driver walked away from the pump for 6 minutes and 30 seconds during delivery to a bakery establishment. The overflow impacted the loading dock and flowed into a catch basin.

“The evidence clearly shows this release could have been prevented by proper conduct and attention during the delivery, but the company representative then ignored the legal responsibility to report to MassDEP a large spill of diesel fuel,” said Phil Weinberg, director of MassDEP’s Southeast Regional Office in Lakeville. “Proper safety protocols were not followed and the company needs to prevent this type of incident from ever happening again.”

Video evidence also showed that an insufficient cleanup response was initiated after the spill when the company’s driver was joined by two other employees who attempted to apply absorbents to the spill area and sweep up the material.

In addition to paying the penalty, Diesel Direct has already taken responsibility for properly cleaning up the spill, including cleaning out an impacted retention basin.

DuPont to Pay $1,853,000 to Resolve Violations of Pesticide Laws

 DuPont will pay a penalty of $1,853,000 to resolve allegations that the company failed to submit reports to EPA about potential adverse effects of an herbicide product called Imprelis, and sold it with labeling that did not ensure its safe use. When customers applied the misbranded Imprelis product, it led to widespread death and damage to trees.

“EPA’s ability to protect the public from dangerous pesticides depends on companies complying with the legal obligation to disclose information on the harmful effects of chemicals,” said Cynthia Giles, EPA Assistant Administrator for Enforcement and Compliance Assurance. “This case sends the message that illegally withholding required information will be treated as a very serious violation.”

As part of the registration process for a pesticide or herbicide, FIFRA requires companies to submit to EPA reports on a product’s potential adverse impacts on plants or animals that it is not intended to control. During the registration process and after registration was approved for Imprelis—an herbicide product intended to control weeds like dandelions, clover, thistle, plantains and ground ivy—DuPont failed to submit 18 reports.

As a result, Imprelis—as it was registered and labeled—did not adequately protect against damage to certain tree species. DuPont made 320 shipments of Imprelis to distributors in 2010 and 2011. This failure to submit reports and the sale or distribution of a misbranded pesticide or herbicide are violations of FIFRA.

DuPont has submitted over 7,000 reports to EPA of damage or death of trees—primarily Norway spruce and white pine—related to the application of Imprelis. Test data from DuPont confirmed certain coniferous trees, including Norway spruce and balsam fir, as susceptible to being damaged or killed by the application of Imprelis. There is also evidence that non-coniferous trees such as maple, honey locusts, lilacs, sycamores, and alders are susceptible to damage from Imprelis.

Starting in June 2011, EPA began receiving complaints from state pesticide agencies regarding damage to trees related to the use of Imprelis when it was applied to control weeds. Cases of tree damage and death from Imprelis were widespread in the Midwest, especially Indiana, Illinois, Michigan, Minnesota, Ohio, and Wisconsin. Indiana investigated more than 400 cases of tree damage related to Imprelis in 2011.

In August 2011, EPA ordered DuPont to stop selling and distributing Imprelis without prior approval from EPA. In September 2011, the registration for Imprelis was amended to prohibit the sale, distribution, or marketing of Imprelis. The product registration for Imprelis expired on September 8th, 2014, and DuPont is no longer selling the product.

Imprelis was distributed and sold in 1 gallon, 2.5 gallon, and 4.5 ounce containers, primarily to pest control professionals servicing the lawn, golf, turf, and weed control sectors.

Imprelis was registered with EPA in 2010, and was marketed by DuPont for lawn and turf applications on residential and commercial lawns, golf courses, sod farms, schools, parks, and athletic fields.

 

Augusta Man Sentenced for Repackaging Pesticide

Zong Geng Chen, of Augusta, Georgia, has been sentenced by a US District Court Judge to 5 months in prison followed by 5 months of home confinement and 3 years of supervised release for illegally repackaging pesticides to distribute to restaurants across the country and for making a false statement to federal agents.

According to the evidence presented during the guilty plea and sentencing hearings, the EPA was referred to investigate Chen and his company, Chen and Friends Pest Solutions, later renamed C&Z Pest Solutions, after state investigators discovered repackaged pesticide inside a restaurant in Missouri that Chen had distributed. In December 2012, after an EPA investigation, Chen entered into a Consent Order and Final Agreement with the EPA where he agreed to cease repackaging pesticide and pay a fine of $9,433 for previous violations. In late 2013, investigators with the EPA received information that additional repackaged insecticide was recovered in restaurants in Indiana and Missouri. An investigation showed that these bottles of repackaged pesticide could be traced back to Chen and were distributed after Chen agreed to cease repackaging. As part of the labeling on his repackaged pesticide, Chen warned not to show the pesticide to the “health department.”

Thereafter, Special Agents with the EPA conducted a covert conversation with Chen, during which the agents posed as perspective customers and Chen stated that he was allowed to sell pesticide. A few days later, EPA Special Agents held another conversation where they identified themselves and questioned Chen about his repackaging pesticides and his compliance with the Consent Order and Final Agreement. At that time, Chen falsely assured agents that he was not repackaging pesticides again because he knew it was wrong.

“If pesticides are not handled safely and as directed there can be severe, even fatal, consequences,” said Maureen O’Mara, Special Agent in Charge of EPA’s criminal enforcement program in Georgia. “Last week’s sentencing demonstrates EPA’s commitment to implementing pesticide regulations to protect public health. EPA and its partner agencies will prosecute those who break the law in order to make a profit.”

United States Attorney Edward J. Tarver said, “In this case, the defendant was repacking and distributing pesticides to restaurants, thereby putting patrons in harm’s way. This Office will continue to assist its partner agencies in investigating and prosecuting those who put the safety of our communities at risk.”

EPA Finalizes Greenhouse Gas Permit for $500M CCI Petroleum Facilities

EPA has issued a final GHG Prevention of Significant Deterioration (PSD) construction permit to CCI Corpus Christi, LLC. The company plans to construct petroleum process facilities near Corpus Christi, Texas.

“Climate change contributes to many types of challenges, especially for coastal areas like Corpus Christi,” said Regional Administrator Ron Curry. “Helping businesses minimize their greenhouse gas emissions will help protect these communities from dangers such as increased flooding and storms.”

The permit authorizes CCI to construct a 100,000-barrel-a-day condensate splitter plant and a bulk petroleum terminal. The bulk terminal will include storage tanks and barge loading operations that can handle 500,000 barrels a day of crude condensate for export. In addition to exporting product, the company also plans to use the crude condensate to produce diesel, jet fuel, naphtha, and other petroleum products.

In June 2010, EPA finalized national GHG regulations, which specify that beginning on January 2, 2011, projects that increase GHG emissions substantially will require an air permit.

EPA believes states are best equipped to run GHG air-permitting programs. Texas is working to replace the federal implementation plan with its own state program, which will eliminate the need for businesses to seek air permits from EPA. This action will increase efficiency and allow industry to continue to grow in Texas.

 

Most recently, EPA released a Clean Power Plan for existing power plants to cut carbon pollution by 30% below 2005 levels.

Environmental News Links

 

Trivia Question of the Week

 

How much of the world’s fossil fuel carbon dioxide emissions are generated by urban areas?

a) 30%

b) 50%

c) 70%

d) 90%