EPA announced its voluntary Audit Program to help companies with Flexible Permits obtain air quality permits that meet state and federal requirements and the protections of the Clean Air Act (CAA). The Texas Commission on Environmental Quality’s (TCEQ) Flexible Permits program was never approved by EPA into the state implementation plan (SIP).
“Our main objective is to get each and every permit holder a federally approved permit issued by the TCEQ,” said Regional Administrator Al Armendariz. “The program benefits companies by providing liability protection, and benefits communities by identifying clear enforceable pollution limits and developing projects to mitigate past environmental impacts. It’s a real win-win.”
The Audit Program will offer a covenant from civil enforcement by the federal government, for instances where companies with Flexible Permits operated outside of federal requirements provided that companies agree to and complete the proposed Audit Program. In addition, companies who enter the audit will no longer be subject to EPA’s use of Title V tools for permits issued that do not contain all CAA requirements.
The Audit Program is available for 90 days after publication in the Federal Register. Participants who sign up in the first 45 days can take advantage of a reduced penalty incentive for potential violations.
Under the program, a third-party auditor will conduct an independent review of operations, modifications, and permitting activities that occurred since the issuance of the flexible permit, so that the federally-applicable requirements can be identified for a new permit. These independent findings would be directly transmitted to the company and EPA and would be used to establish new limits in state-issued permits. EPA anticipates the audit process will take about one year.
The Audit Program requires participants to obtain federally-approved state permits from the TCEQ. A company would enter into a Consent Agreement and Final Order with EPA based on the findings of the third-party audit. This Audit Program and CAFO would resolve any New Source Review non-compliance issues that occurred while operating with the Flexible Permit provided that the companies complete the Audit Program.
The Audit Program encourages companies to sponsor local community projects that will bring environmental and public health benefits to the people impacted by their daily operations.
The federal Audit Program is one of two paths available currently for companies to transition their flexible permits to a permit that meets federal and state requirements. EPA is also inviting companies to contact the EPA Region 6 Compliance Assurance and Enforcement Division if they are interested in more direct negotiations with EPA that would result in federally-enforceable permits and resolution of non-compliance and Title V uncertainty.
EPA is also discussing with TCEQ the structure for a state-operated program, with EPA concurrence, which would transition flexible permits to permits that meet federal and state requirements. Discussions are ongoing, but the program is not yet available.
EPA proposed the Audit Program in June 2010. The program was published in the Federal Register for public comment which closed on July 2, 2010. The final program incorporates changes based on comments received.
The Audit Program will be published in the Federal Register within 10 days of EPA’s announcement. The Audit Program is available for 90 days after publication in the Federal Register.
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Greenhouse Gas Emission Targets Adopted in California
On September 22, the California Air Resources Board (ARB) adopted targets for reducing greenhouse gas (GHG) emissions in 2020 and 2035 associated with passenger vehicle travel in the state’s 18 Metropolitan Planning Organizations.
The law requires cities and counties to use the targets to help develop sustainable strategies for growth and development over the next 25 years.
Improved planning will offer a wider variety of transportation choices, including public transit and more walkable streets and cities. It will also guide future development decisions so people can live close to where they work and play. While the goal is to reduce GHGs from passenger vehicles, it also helps clean the air in the state by reducing the amount of pollution that creates smog.
“These targets are ambitious, achievable and very good news for California communities. Improved planning means cleaner air in our cities, less time stuck in your car, and healthier, more sustainable communities,” said ARB Chairman Mary D. Nichols. “Cities that choose to develop Sustainable Communities Plans that meet these targets have an advantage when it comes to attracting the kinds of vibrant, healthy development that people want.”
The targets were the result of intensive collaboration between ARB and the Metropolitan Planning Organizations, involving strong and consistent input from cities, municipalities, and the public.
The ARB adopted the following targets which call for a percent reduction in per-capita emissions by the years 2020 and 2035:
- The San Diego Area — 7% and 13%
- Sacramento Region — 7% and 16%
- Bay Area Region — 7% and 15%
- Southern California — 8% and 13%, with the 2035 target conditioned on discussions with the MPO
- San Joaquin Valley (includes eight planning organizations) — placeholder of 5% and 10%, to be revisited in 2012
- Targets for the remaining six Metropolitan Planning Organizations, the Monterey Bay, Butte, San Luis Obispo, Santa Barbara, Shasta and Tahoe Basin regions — generally match or improve upon their current plans for 2020 and 2035
In adopting these regional targets, the Board recognized and committed to help identify the funding and resources that are essential tools for regions to move forward successfully towards more sustainable communities.
With the targets now largely in place, the cities within each region will work together with their planning agency to begin developing a Sustainable Community Strategy. Each strategy, designed to accommodate the specific needs and requirements of each region, outlines where growth and development will occur, and how the transportation system can support that growth so that their region’s targets can be achieved. Cities are full partners in this process and retain full local decision making and zoning authority.
The adoption of the targets is a major milestone for the implementation of SB 375, the landmark bill Governor Schwarzenegger signed into law in September 2008. A 21-person advisory committee of experts issued a report in 2009 recommending that the targets be expressed as a percentage reduction of per capita GHG emissions produced from transportation, using 2005 as the baseline.
The targets include forecasts and computer modeling by the planning organizations that reflect a wide variety of strategies, including such things as: shifts towards multi-unit housing closer to a city’s center, increasing the number of workers who telecommute and carpool, adding carpool lanes, or increasing the number of people who take public transit.
Regions that meet the targets may receive incentives in the form of easier access to federal funding and streamlined environmental review for development projects.
Cap and Trade Hearings Begin in New Mexico
The hearing, which began on September 20, is scheduled to continue through September 30 at the old Public Employees Retirement Association (PERA) building, Apodaca Hall, 1120 Paseo de Peralta in Santa Fe. The hearing, which begins at 9 a.m. each day, includes a public comment period from 7 to 8 p.m. each day.
“New Mexico will not implement the program unless there are sufficient greenhouse gas emissions allowances within the region to make the trading program efficient and cost-effective,” said New Mexico Environment Department Deputy Secretary Sarah Cottrell. “Cap and trade makes sense by providing cost effective mechanisms to reduce emissions and giving industry considerable flexibility in deciding how to reduce emissions, New Mexico is vulnerable to higher temperatures, reduced snowpack, more severe droughts and increased forest fires as a result of climate change so it is imperative that we act now to control emissions.”
The proposed regulations will enable the state to participate in a regional GHG cap-and-trade program with other Western Climate Initiative jurisdictions. WCI consists of seven U.S. states and four Canadian provinces working together to address climate change. The proposal is consistent with existing legislative authority to regulate sources of air pollution in the state.
Economic data indicates that New Mexico and the surrounding region can reduce emissions with a modest positive impact to the economy. The program would apply to only the largest emitters in the state—approximately 63 sources including mostly electric generating units and oil and gas facilities would be part of the program. The program is scheduled to start in 2012 and would require sources to reduce emissions 2% annually through 2020 or purchase equivalent allowances.
The proposed rule includes language that sunsets the state regulation if the federal government implements an equally effective national cap-and-trade program.
California Commits to 33% Renewable Electricity by 2020
The regulation establishing the 33% renewable electricity standard was adopted unanimously by the California ARB. The standard will promote green jobs to construct and run renewable facilities in California, reduce hundreds of tons of harmful air pollution, insulate California’s economy from the shock of volatile natural gas prices and help establish the state as a global leader in the research, development and manufacturing of clean, renewable energy sources.
“The Renewable Electricity Standard means cleaner energy for California’s households and businesses. It will help clean our air and bring new solar and wind energy facilities to California with thousands of jobs in construction, operation and spin off industries,” said ARB Chairman Mary D. Nichols. “This standard is going to further diversify and secure our energy supply while also growing California’s leading green technology market, which will lead to cost savings for consumers.”
The regulation is the product of coordination and cooperation by ARB, California Public Utilities Commission, California Energy Commission, and California Independent System Operator. Work on the standard began immediately following the Governor’s Renewable Electricity Standard Executive Order, signed on September 15, 2009. The goal of 33% renewable electricity was also a major measure in the Scoping Plan, adopted by the Board in December 2008, toward fulfilling AB 32, the requirements of California’s climate change legislation.
The regulation ramps up the amount of electricity from wind, solar, geothermal, and other renewable sources of energy while preserving the existing authorities of the energy agencies and the grid operator. ARB oversight will ensure that the renewable standard delivers substantial reductions in GHG emissions and achieves clean air goals by reducing smog-forming pollution.
Important elements include:
- The regulation applies to all entities that deliver electricity, including investor owned utilities (IOUs) and publically owned utilities (POUs) including municipal utilities;
- The regulation creates a program that is consistent for all electrical entities;
- The phased-in approach provides for interim targets for renewable energy to include 20% for 2012–2014, 24% for 2015–2017, 28% for 2018–2019, and 33% for 2020 and beyond;
- The program employs the procedures and mechanisms already used by electrical entities; and
- The smallest electricity providers (sales of less than 200,000 megawatt-hours per year) are only subject to recordkeeping and reporting requirements.
The standard is expected to reduce GHG emissions by about the equivalent of 12 to 13 million metric tons of carbon dioxide per year in 2020. In addition to reducing GHG emissions, the regulation will result in hundreds of tons of statewide reductions in smog-forming and toxic air pollutants by displacing the use of dirtier fossil fueled generation, providing a range of health related benefits.
RES is one of many measures designed to reach the goals set out by AB 32, California’s law requiring the reduction of GHG emissions to 1990 levels by 2020. In 2020 the new regulation will eliminate the equivalent of 12 million metric tons of carbon dioxide, making it one of AB 32’s largest emission-reduction strategies.
New Online Water Permit Viewer for Facilities in Tennessee
“Adequately managing and tracking all water quality permits is a critical role that falls under the responsibility of the department’s Division of Water Pollution Control,” said Deputy Commissioner Paul Sloan. “With the new permits data viewer, the general public can easily access this information from the same consolidated database Environment and Conservation’s regulatory staff uses.”
The addition of the new Water Pollution Permits Data Viewer complements the department’s enforcement database, established in 2008, along with multiple public notice postings, publications and permit guidance. Additional online support includes TDEC’s Groundwater Protection Program services, the Division of Solid Waste Management’s Toxic Substance database, and Water Pollution Control’s interactive GIS mapping.
EPA Fines Metal Finishers for Hazardous Waste Violations
EPA is pursuing enforcement against nine California metal finishing companies for violations of federal hazardous waste laws. The violations were discovered during inspections conducted in Los Angeles, Rosemead, Sun Valley, Compton, Van Nuys, South El Monte, and Santa Clara during the current fiscal year.
As a result of these enforcement actions, all nine companies returned to compliance with federal law and paid fines ranging from $2,000 to $48,500. One company also agreed to attend Compliance School in which employees are trained in appropriate on-site hazardous waste management techniques.
“Hazardous wastes pose a danger to residents and can cause serious environmental damage,” said Jeff Scott, director of the EPA’s Waste Management Division for the Pacific Southwest region. “EPA is committed to aggressive enforcement of federal law to protect communities and workers from the potential impacts of improperly managed hazardous waste.”
Metal finishers typically generate hazardous wastes such as acids and sludges that contain heavy metals such as chromium, cadmium, and lead; spent plating solutions containing metals or cyanides; flammable liquids; and both alkaline and acidic corrosive liquids.
The federal Resource Conservation and Recovery Act (RCRA) requires companies to properly manage hazardous waste to prevent harm to human health and the environment. Throughout this year, EPA has targeted the metal finishing industry for inspections.
Significant violations found during the California inspections included:
- Failing to maintain the facility to minimize the possibility of a release of hazardous waste to air, soil, or surface water which could threaten human health or contaminate the environment;
- Failing to label containers of hazardous waste which increases the possibility of improper handling of the waste;
- Failing to properly characterize wastes, which led to hazardous waste being disposed of in the general trash;
- Failing to close containers of hazardous waste, which increases workers’ exposure to hazardous constituents, contributes to air pollution, and increases the likelihood of spills;
- Failing to prepare or meet the requirements of a contingency plan, which increases the possibility of improper response to emergencies;
- Failing to provide proper training, which increases workers’ risk of exposure and increases the possibility of improper management of the wastes;
- Failing to inspect hazardous waste storage areas, increasing the possibility that containers may leak; and
- Storage of hazardous waste for over 90 days without a permit.
The companies that have settled with the EPA are:
- Al’s Plating Company, Los Angeles—$2,800
- Hermetic Seal Corporation, Rosemead—$28,000
- Nu-Metal Finishing, Santa Clara—$5,200
- Photo Chem Etch Corp., Sun Valley—$2,000
- Bowman Plating Company, Compton—$48,500
- AAA Plating and Inspection, Compton—$19,800
- Highland Plating, Los Angeles—$7,500
- Vaga Industries, South El Monte—$35,000
- Bronzeway Plating Corp., Los Angeles—$7,000
Federal, state, and local regulatory agencies have formed an Enforcement Collaborative to focus resources over a multi-year effort to ensure that businesses and industries in this area are complying with environmental laws. EPA is joining forces with Cal/EPA, the California Department of Toxic Substances Control, the Los Angeles Regional Water Quality Control Board, and the California Air Resources Board in this Enforcement Collaborative, which is partnering with other local government and non-profit organizations to improve environmental and public health conditions in these communities.
EPA has indicated they will continue to devote resources to conducting inspections of generators of hazardous waste and pursuing appropriate enforcement in the next fiscal year of 2011.
Two Companies Fined $49,448 Each for Numerous Violations at Redevelopment Site
The Massachusetts Department of Environmental Protection (MassDEP) penalized two companies, Tremont Yard, LLC, and Soucy Industries, Inc., a total of $49,448 each for environmental violations that occurred during the redevelopment of 257 Father Morrissette Boulevard in Lowell, Massachusetts.
Tremont Yard had entered into a lease with the Commonwealth of Massachusetts to demolish existing structures and redevelop the property, while Soucy Industries was hired by Tremont Yard, LLC, to perform demolition, renovation, and construction activities at the property. William Soucy serves as registered agent and manager for Tremont Yard, and also as resident agent and president of Soucy Industries.
“Redevelopment of old industrial sites like this one play a key role in economic recovery, but environmental protection safeguards are essential,” said Richard Chalpin, director of MassDEP’s Northeast Regional Office in Wilmington. “Developers who push forward without the proper protections in place can jeopardize public health and safety.”
Tremont Yard, LLC, received an Environmental Notification Form certificate from the Executive Office of Energy and Environmental Affairs on March 12, 2008, prior to initiating the demolition work. Language in the certificate, issued pursuant to the Massachusetts Environmental Policy Act (MEPA), specifically reminded Tremont Yard, LLC, that any work at the site must comply with all applicable environmental regulations pertaining to solid waste, air quality, and waste site cleanup.
However, after receiving a complaint on July 6, 2008—concerning the visible presence of oil on the surface water of the Western Canal adjacent to the property—MassDEP inspected the site several times and found that actions taken at the site resulted in the following violation of state regulations:
- Surface Water Discharge — A pump was left unattended to dewater the lower foundation of the existing structure during demolition activities and this resulted in the discharge of fuel oil to the surface water of the Western Canal.
- Air Quality — Neither Tremont Yard nor Soucy Industries notified MassDEP prior to demolishing the old mill buildings, as is required. Asbestos-containing materials were also managed improperly during the demolition.
- Waste Site Cleanup — Neither Tremont Yard nor Soucy Industries reported a release of petroleum tar that occurred when several metal drums were crushed during the demolition work. Neither party took appropriate steps to expeditiously clean up the subsequent release of petroleum tar either.
Tremont Yard, LLC, the lease-holder, has agreed to pay $36,000 of the $49,448 penalty, and MassDEP has agreed to suspend $13,448 provided Tremont does not commit additional environmental violations or acts of non-compliance. Soucy Industries will have the entire $49,448 penalty suspended provided the contractor does not commit additional environmental violations or acts of non-compliance.
Palmer Paving Fined $27,400 for Environmental Violations
MassDEP fined Palmer Paving Corporation of Palmer, Massachusetts, $27,400, and required corrective action for violating state regulations governing air quality, hazardous waste, and groundwater discharges.
The violations were discovered during MassDEP’s inspections of the company’s Palmer and Springfield facilities in June and August of 2008, respectively, and through review of the company’s records and reports. The violations discovered were that Palmer Paving was not meeting numerous provisions of its MassDEP-issued air quality permits or meeting some of MassDEP’s hazardous waste management requirements. The company was also discharging industrial wastewater (i.e., truck wash water) to the ground.
Palmer Paving cooperated with MassDEP to address the noncompliance issues and has agreed to develop and implement an Environmental Management System (EMS) to prevent future noncompliance at its Palmer and Springfield facilities. The company will pay a penalty of $19,180 with MassDEP suspending an additional $8,220 pending the company’s compliance with the terms and conditions of the consent order.
“The implementation of a detailed Environmental Management System based upon the specific operations of a facility will help ensure compliance with MassDEP regulations,” said Michael Gorski, director of MassDEP’s Western Regional office in Springfield.
Missouri’s List of Impaired Waters
Section 303(d) of the federal Clean Water Act (CWA) requires each state to identify waters that are not meeting water quality standards and requirements are not yet in place to restore water quality. Water quality standards protect such beneficial uses of water as whole body contact such as swimming, maintaining fish and other aquatic life, and providing drinking water for people, livestock, and wildlife.
The commission approved the list, with the exception of two waterbodies, at its September 8 meeting in Jefferson City. The two waterbodies removed from the approved list of impaired waters are Wilsons Creek in Greene County and Cave Springs Branch in McDonald County. The Clean Water Commission voted to seek additional public comment on these waters before including them in the final list.
The Department of Natural Resources will hold a public comment period on Wilsons Creek and Cave Springs Branch from September 29 to October 28. The department is seeking comments on Cave Spring Branch, previously included on the list for an impairment due to nutrients, and more information on possible bacteria sources in Wilsons Creek. Wilsons Creek had previously been proposed as Point/Urban Nonpoint Sources and is now proposed to be listed as Urban/Rural Nonpoint Sources.
Maryland Green Registry Wins National Honor
The Maryland Green Registry has won a national award for preventing pollution by helping businesses and other organizations adopt environmentally sustainable practices.
The Registry, a Maryland Smart, Green, & Growing program, received a Most Valuable Pollution Prevention (MVP2) award. The National Pollution Prevention Roundtable presented the award at a ceremony in Washington, D.C. Maryland’s Governor Martin O’Malley created Smart, Green, & Growing in 2008 to foster a smarter, greener, more sustainable future for Maryland families. The Initiative brings together state agencies, local governments, businesses, and citizens to revitalize communities, improve transit, create green jobs, address climate change, conserve energy, preserve land, and restore the Chesapeake Bay.
The Roundtable’s awards recognize outstanding and innovative pollution prevention projects and programs that demonstrate measurable results and optimization of available project resources. They are presented to help mark National Pollution Prevention Week, which is September 20 to 26.
“The Maryland Green Registry owes its success to businesses that are adopting efficient, environmentally sound practices that benefit the bottom line,” said Laura Armstrong, coordinator of the Maryland Green Registry. “The annual cumulative results demonstrate the clear economic and environmental benefits of adopting even simple measures to improve efficiency and use resources wisely.”
The Maryland Green Registry was honored in the project/program category. The program promotes pollution prevention through waste reduction, energy and water conservation, transportation efficiency, and other best practices. It facilitates the adoption of these practices by providing information on pollution prevention resources, including free on-site technical assistance, and by allowing organizations to share their effective environmental practices with one another. The success stories bring recognition to member organizations and inspire others to take similar steps.
In June, on the first anniversary of the program, Maryland Green Registry members reported the following annual results: 1.6 million pounds of hazardous waste reduced, 4.7 million pounds of non-hazardous solid waste reduced, 2 billion pounds of non-hazardous solid waste recycled, 2.8 million gallons of wastewater reduced, 3.8 million gallons of fuel conserved, 1.6 million miles vehicle miles traveled reduced, 3.6 million MW electricity reduced, 53 million gallons of water conserved, 1.5 million metric tons carbon equivalent GHG emissions reduced (including 420 million pounds of carbon dioxide reductions), and $24 million saved. The program currently has 225 members.
In 2010, the first Maryland Green Registry Leadership Awards were presented to organizations that have shown a strong commitment to sustainable practices, measurable results, and continuous improvement. British American Auto Care, Inc., GM Baltimore Transmission, NASA/Goddard Space Flight Center, St. Mary’s College of Maryland, and the Union Hospital of Cecil County received the awards.
The registry includes checklists for best practices in the areas of environmental management and leadership, waste reduction, energy and water conservation, transportation, and green building design. The checklists offer examples of activities to be included in the organization’s profile as well as inspiration and ideas for future efforts.
Participating organizations may display the official Maryland Green Registry logo and share their profiles on-line to provide details of their environmental commitment.
Ship Serial Polluter Ordered to Pay $4 Million for Covering up the Deliberate Discharge of Oil and Plastics
U.S. District Judge J. Frederick Motz sentenced Irika Shipping S.A., a ship management corporation registered in Panama and doing business in Greece, to pay a $4 million penalty, which includes a $3 million criminal fine and $1 million in organizational community service payments that will fund various marine environmental projects. Judge Motz also sentenced Irika to serve the maximum of five years probation, subject to following a compliance program that includes audits by an independent firm and oversight by a court appointed monitor.
Judge Motz further ordered that four crew members that notified authorities about illegal discharges of oil and plastic from the M/V Iorana, a Greek flagged cargo ship, should be awarded $125,000 each under the Act to Prevent Pollution from Ships which provides that whistleblowers may receive an award of up to one-half of fines collected under that statute.
Irika Shipping pleaded guilty on July 8, 2010, as part of a multi-district plea agreement arising out of charges brought in the District of Maryland, Western District of Washington, and Eastern District of Louisiana, including felony violations of the Act to Prevent Pollution from Ships, related to port calls in Baltimore; Tacoma, Washington; and New Orleans by the M/V Iorana, and obstruction of justice charges based upon false statements to the Coast Guard, destruction of evidence, and other acts of concealment.
According to court documents, the investigation into the M/V Iorana was launched in January 2010 after a crew member passed a note to the Customs and Border Protection inspector upon the ship’s arrival in Baltimore alleging that the ship’s chief engineer had directed the dumping of waste oil overboard through a bypass hose that circumvented pollution prevention equipment required by law. The whistleblower’s note stated, “We are asking help to any authorities concerned about this, because we must protect our environment and our marine lives.”
“Deliberate pollution and obstruction of justice are serious crimes that will be vigorously prosecuted,” said Ignacia S. Moreno, Assistant Attorney General, Environment & Natural Resources, U.S. Department of Justice. “This company will now have significant oversight from outside auditors to make sure that it comes into full compliance.”
“Irika Shipping blatantly violated the law by dumping oil in the ocean and then lying to the Coast Guard about it, completely ignoring the terms of its agreement following a previous prosecution for the same conduct” said Rod J. Rosenstein, U.S. Attorney for the District of Maryland. “As part of the punishment for this crime, Irika Shipping will pay a fine of $4 million, including $750,000 to be used directly to help protect the Chesapeake Bay, and Irika will remain under court supervision for five years.”
During a Coast Guard inspection on January 8, 2010, the Coast Guard obtained photographs taken on the whistleblower crew member’s cell phone showing the use of a 103-foot long “magic hose” to bypass the ship’s oily water separator. The illicit bypass system used to discharge oily waste, including sludge, was routed through the ship’s boiler blow down system where any trace of oil could be expected to be steam cleaned away. The illegal discharges were concealed in a fraudulent oil record book—a required log in which all overboard discharges are to be recorded.
Irika Shipping admitted the following in a detailed joint factual statement:
- Approximately 23 cubic meters of oil contaminated sludge and bilge waste (approximately 6,000 gallons) were dumped overboard in December 2009 during the voyage from Gibraltar to Baltimore using the magic hose.
- The flanges where the bypass hose was connected were repainted before arriving in port in order to cover up tool marks caused when the bypass hose was connected and disconnected.
- The bypass was used at night and plastic bags filled with oil soaked rags were dumped overboard at night.
- Additional episodes of illegal discharges took place after the ship’s first voyage in June 2009 and continued through the middle of December 2009.
- Irika Shipping did not have a company budget, a budget for the vessel, or a waste management plan.
- Irika’s crew members received little training regarding the company’s environmental policies;
- Crew members were not informed by the company that it was to have been operating under a court-imposed Environmental Compliance Program.
- Irika obstructed justice in various ways including senior ship officers making false statements to the Coast Guard, crew members being told to lie to the Coast Guard, and destruction of evidence of illegal dumping.
Irika pleaded guilty in U.S. District Court in Baltimore to two counts of violating the Act to Prevent Pollution from Ships for failing to maintain an accurate oil record book and garbage record book, one count of obstruction of the Coast Guard’s inspection, three counts of concealing evidence, one count of making materially false statements, and one count of obstruction of justice. The maximum penalty for each of these felony offenses is $500,000 or up to twice the gross gain or loss from the offense.
In 2007, Irika Shipping was also the operator of the M/V Irika, a ship subject to a similar prosecution in Tacoma, Washington, where the ship’s owner, Irika Maritime S.A., and the ship’s chief engineer were convicted. As part of the sentence in that case, both Irika Maritime and Irika Shipping were required to develop and implement an Environmental Compliance Plan that would apply during a four year period of probation to the entire fleet of vessels managed by Irika Shipping, including the M/V Iorana.
In connection with its 2010 guilty plea, Irika admitted that it hired back the convicted chief engineer from the prior case who committed new violations on the M/V Iorana during the probationary period. A subsequent chief engineer, Triantafyllos Marmaras, was in charge at the time of the January 2010 inspection in Baltimore. Chief Engineer Marmaras pleaded guilty to obstruction of justice charges in a related case in June 2010, in U.S. District Court in Baltimore.
Sunoco to Pay $130,000 for 2009 Air Quality Violations at Pennsylvania Refinery
Under an agreement with the Pennsylvania Department of Environmental Protection, Sunoco Refining and Marketing will pay $130,000 in civil penalties for air quality violations that occurred over a period of nine months at its petroleum refinery located in Marcus Hook, Pennsylvania.
“Sunoco reported releases of carbon monoxide, sulfur dioxide, nitrogen oxide and particulate matter in excess of permitted limits, from January to September 2009,” Department of Environmental Protection Southeast Regional Director Joseph A. Feola said. “This penalty is a direct result of those emission violations.”
Feola noted that the equipment failures that caused many of the 2009 violations were addressed by this penalty and each was corrected by Sunoco. The equipment failure included boiler malfunctions, compressor and instrument failures, and a cooling system leak.
Boiler malfunctions in January and April resulted in a total of 21.8 tons of carbon monoxide and 0.28 tons of particulate matter being released into the air.
A compressor failure in March caused excess amounts of nitrogen oxide, carbon monoxide, sulfur dioxide, and volatile organic compounds to be released.
Additional emissions of these compounds and others, such as a butane, propane, and propylene mixture were the result of a cooling system leak, instrument failure, and flare pilot light problems.
The facility was fined $173,310 in December 2009 for air quality violations noted in 2008.
Elevated Nitrogen and Phosphorus Widespread in Much of the Nation’s Streams and Groundwater
Elevated concentrations of nitrogen and phosphorus, nutrients that can negatively impact aquatic ecosystems and human health, have remained the same or increased in many streams and aquifers across the Nation since the early 1990’s, according to a new national study by the U.S. Geological Survey (USGS).
“This USGS report provides the most comprehensive national-scale assessment to date of nitrogen and phosphorus in our streams and groundwater,” said Marcia McNutt, USGS Director. “For years we have known that these same nutrients in high concentrations have resulted in ‘dead zones’ when they reach our estuaries, such as during the spring at the mouth of the Mississippi, and now we have improved science-based explanations of when, where, and how elevated concentrations reach our streams and aquifers and affect aquatic life and the quality of our drinking water.”
“Despite major Federal, State and local efforts and expenditures to control sources and movement of nutrients within our Nation’s watersheds, national-scale progress was not evident in this assessment, which is based on thousands of measurements and hundreds of studies across the country from the 1990’s and early 2000’s,” said Matthew C. Larsen, USGS Associate Director for Water.
According to the EPA, nutrient pollution has consistently ranked as one of the top three causes of degradation in U.S. streams and rivers for decades. USGS findings show that widespread concentrations of nitrogen and phosphorus remain two to ten times greater than levels recommended by the EPA to protect aquatic life. Most often, these elevated levels were found in agricultural and urban streams. These findings show that continued reductions in nutrient sources and implementation of land-management strategies for reducing nutrient delivery to streams are needed to meet EPA recommended levels in most regions.
Nutrients occur naturally in water and are needed for plant growth and productive aquatic ecosystems, however, in high concentrations nutrients often result in the growth of large amounts of algae and other nuisance plants in streams, lakes, and estuaries. The decay of these plants and algae can cause areas of low dissolved oxygen—known as hypoxic, or dead zones—that stress or kill aquatic life. Some forms of algae release toxins that can result in health concerns.
The study also found that nitrate is a continuing human-health concern in many shallow aquifers across the Nation that are sources of drinking water. In agricultural areas, more than one in five shallow, private wells contained nitrate at levels above the EPA drinking water standard. The quality and safety of water from private wells—which are a source of drinking water for about 40 million people—is not regulated by the Federal Safe Drinking Water Act and is the responsibility of the homeowner.
Because nitrate can persist in groundwater for years and even decades, nitrate concentrations are likely to increase in aquifers used for public drinking-water supplies during at least the next decade, as shallow groundwater with high nutrient concentrations moves downward into deeper aquifers.
“Strategies designed to reduce nutrient inputs on the land will improve the quality of water in near-surface parts of aquifers; however, decades may pass before quality improves in deeper parts of the aquifer, which serve as major sources for public-supply wells,” said Neil Dubrovsky, USGS hydrologist and lead scientist on this study. “Unfortunately, similar time delays for improvements are expected for streams that receive substantial inputs of groundwater.”
A variety of sources can contribute nutrients to surface and groundwater, such as wastewater and industrial discharges, fertilizer and manure applications to agricultural land, runoff from urban areas, and atmospheric sources. USGS findings show that nutrient sources and resulting concentrations vary across the Nation. For example, concentrations of nitrogen generally are highest in agricultural streams in the Northeast, Midwest, and the Northwest, which have some of the most intense applications of fertilizer and manure in the Nation.
Differences in concentrations across the Nation also are due to natural features and human activities. For example, concentrations of nitrogen in streams draining parts of the agricultural Midwest are increased by contributions from artificial subsurface tile drains that are used to promote rapid dewatering of poorly drained soils. Conversely, concentrations of nitrate in streams draining parts of the Southeast appear to dissipate faster as a result of enhanced natural removal processes in soils and streams.
“This nationwide assessment of sources and natural and human factors that control how nutrients enter our streams and groundwater helps decision-makers anticipate where watersheds are most vulnerable to contamination and set priorities and management actions in different geographic regions of the country,” said Dubrovsky.
For more than 125 years, the USGS has served as the Nation’s water monitoring agency, including flow and/or quality in selected streams and rivers across the U.S. The USGS continues to work closely with the EPA, U.S. Department of Agriculture, the States, and local watersheds to assure that USGS monitoring and assessments provide useful information for managing nutrients throughout the Nation.
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Trivia Question of the Week
Which of the following bills are currently being considered by the U.S. Congress?
a. Safe Dispersants Act
b. Heat Island and Smog Reduction Act
c. Better Use of Light Bulbs Act
d. All of the above