The loophole allows any company that claims to recycle hazardous waste to opt out of safety and inspection requirements. Facilities with alarming records of environmental damage were quick to take advantage of this Bush-era exemption, and the communities most at risk have been predominantly low income and minority communities.
To settle a lawsuit brought by Earthjustice on behalf of the Sierra Club, EPA has agreed to undertake a new rulemaking process to address these concerns. In this settlement agreement the EPA agreed to take final action on the rulemaking no later than December 31, 2012.
“This is a great first step toward restoring safeguards that should always be in place at hazardous waste facilities,” said Earthjustice attorney Abigail Dillen. “This administration has promised to look out for the vulnerable communities where hazardous wastes often end up, and we expect EPA to deliver on that promise with protective new rules.”
During the Clinton administration, an executive order was handed down that required federal agencies to consider how their actions disproportionally impact low-income and minority communities. In July 2009, the EPA agreed to undertake a comprehensive environmental justice analysis—the first of its kind—to assess the threat posed to low-income and communities of color by deregulation of hazardous waste recycling.
“We are pleased that those most directly affected by exposure to these hazardous wastes are finally being heard,” said Vernice Miller-Travis, vice chair of the Maryland Commission on Environmental Justice and Sustainable Communities. “This settlement agreement is a clear reflection that this EPA is turning a new tide and listening directly to the communities who were ignored for far too long.”
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Majority of States Moving Full Speed Ahead with Greenhouse Gas Permitting
In the final Tailoring Rule, EPA asked states to send letters to the agency by August 2, 2010 with information regarding how the state intends to implement the Tailoring Rule. EPA asked each state to respond by indicating whether or not the state needs to undertake a regulatory or legislative process in order to incorporate the provisions of the Tailoring Rule, as well as the timeline for completing any such process. States were also asked to notify EPA if they do not have any authority to permit GHGs and, if not, to indicate whether or not they intend to revise their rules to include GHGs.
NACAA reviewed and briefly summarized letters from all applicable states, as well as those from a number of local and territorial air pollution control agencies. NACAA’s analysis shows that the vast majority of states are working quickly to prepare for GHG permitting and incorporate the provisions of the Tailoring Rule into applicable state and local rules and State Implementation Plans (SIPs) as soon as possible. Nearly 80% of states expect to have rules in place by January 2, 2011 or shortly thereafter. Of the minority of states that will not yet have rules in place by January 2, 2011 or shortly thereafter, most are working to incorporate the provisions of the Tailoring Rule, but will be delayed due to state legislative and/or regulatory requirements.
EPA Criminal Investigations Decrease
The number of EPA criminal investigators has fallen below Bush administration levels as the management of the criminal enforcement program continues to lack focus.
The EPA Criminal Investigation Division (CID) investigates the most serious environmental crimes. Its investigators are armed, badge-carrying special agents who probe corporate pollution offenses. From 205 special agents in 2003, there were only 173 agents in 2010, according to EPA statistics, but this number includes vacant slots, reducing the number of actual agents down to 160, according to a hand count of the latest agent directory.
The FY 2010 EPA budget summary states, “The program will increase the number of agents to complete its three-year hiring strategy of raising its special agent workforce to 200 criminal investigators.” Yet, CID is shrinking rather than growing.
The drop-off in special agents is also reflected in a decline in new criminal cases referred for federal prosecution, with only 339 such referrals in 2009, a nearly 40% decline from 1999 case production, according to Justice Department figures. Criminal prosecutions filed from EPA cases and convictions obtained are both down more than 25% from 1999 to 2009.
“It is simple—without pollution cops on the beat, polluters go free,” said Florida PEER Director Jerry Phillips, a former state enforcement attorney. “Besides staffing and resources, CID needs leadership that helps rather than hinders its special agents in making busts that stick.”
During the first Bush term, negative publicity about diversion of CID agents to Homeland Security-related assignments prompted a management review which recommended a series of reforms to restore the emphasis on environmental crimes. Unfortunately, the bulk of these reforms were not implemented.
Eastern States Sue Pennsylvania Power Plant
A federal trial has begun in a lawsuit filed by New Jersey and four other states to force coal-fired power plants in western Pennsylvania to take steps to clean up emissions of pollutants that degrade air quality in downwind states, including New Jersey.
“Governor Christie and I are committed to improving the state’s air quality, even when it means having to fight in federal court to hold power companies in other states accountable to the same high standards and pollution control technologies we require here in New Jersey,” said Department of Environmental Protection Commissioner Bob Martin.
“Air quality is a critical issue in New Jersey, and violations of the Clean Air Act that affect our air quality will not be tolerated,” said Attorney General Paula T. Dow. “We are committed to working with DEP to protect our residents from potentially harmful contaminants emitted by out-of-state energy plants. We are equally committed to using litigation where necessary to hold companies that operate those plants in violation of federal law accountable.”
The bench trial began this week in the U.S. District Court for Western Pennsylvania in Pittsburgh before Chief Judge Gary L. Lancaster.
New Jersey is joined by Connecticut, Maryland, New York, and Pennsylvania in a lawsuit seeking to require Greensburg, Pennsylvania-based Allegheny Energy Inc., and its subsidiaries to install pollution-control equipment, as required by the federal Clean Air Act and Pennsylvania law, to reduce emissions of sulfur dioxide and nitrogen oxide at three power plants. Prevailing wind carries pollutants from these plants to the east, causing ozone smog pollution and acid rain in the five states.
“Air pollution does not adhere to state boundaries,” Commissioner Martin said. “Even though Allegheny’s power plants are hundreds of miles away, they affect New Jersey’s ability to meet federal clean air standards. Our resolve to hold this company accountable to federal law is a strong example of our commitment to protecting New Jersey’s air quality from out-of-state sources of pollution.”
The three plants at issue in the litigation, the Armstrong, Hatfield’s Ferry, and Mitchell plants, consist of older, coal-fired generation units. The lawsuit asserts that Allegheny undertook many construction projects over the years to extend the operational lifespan of these plants without complying with federal standards requiring implementation of best available control technology standards or meeting the lowest achievable emission rate to reduce sulfur dioxide and nitrogen oxide emissions.
An analysis of emissions prepared in conjunction with the lawsuit shows that three plants emit nearly 200,000 tons of sulfur dioxide and nitrogen oxide annually.
Nitrogen oxide, in the presence of sunlight, reacts with other chemicals to form ozone smog, which contributes to health problems including chest pain, shortness of breath, coughing, and increased vulnerability to respiratory conditions such as asthma. Nitrogen oxide and sulfur dioxide emissions contribute to the formation of acid rain deposition. Acid rain inhibits the ability of fish to survive in ponds and lakes.
Both pollutants also contribute to excessive nutrient loading in coastal waters, affecting diversity of fish life, and leads to the creation of fine particles that can cause respiratory distress, cardiovascular disease, and premature death in people.
New Jersey and the other states are seeking injunctive relief to require Allegheny to reduce its harmful emissions by installing state-of-the-art pollution controls at each of the three plants. The state is also seeking civil monetary penalties and an order for Allegheny to take appropriate actions for the harm done to public health and the environment.
The Allegheny subsidiaries named as defendants are Allegheny Energy Service Corporation, Allegheny Energy Supply Company LLC, Monongahela Power Company, The Potomac Edison Company, and West Penn Power Company.
Chief Judge Lancaster is currently holding the liability phase of the trial. This will be followed by a remedy phase.
Closer to New Jersey, Governor Christie and Commissioner Martin have called on EPA to expedite action to reduce pollutants spewing from Portland Generating Station, coal-fired power plant operated by RRI Energy in Northampton County, Pennsylvania, directly across the Delaware River from Knowlton, in Warren County.
Texas Companies Fined $318,285 for Environmental Violations
The Texas Commission on Environmental Quality (TCEQ) has approved penalties totaling $716,608 against 65 regulated entities for violations of state environmental regulations.
Agreed orders were issued for the following enforcement categories: one agricultural, 11 air quality, two industrial hazardous waste, three licensed irrigator, five multi-media, three municipal solid waste, ten municipal waste discharge, 15 petroleum storage tank, three public water system, and one water quality.
There were three field citations. In addition, default orders were issued for one industrial hazardous waste, one multi-media, five petroleum storage tank—one of which was also shutdown, and one public water system case.
Included in the total are penalties of $318,285 against Southwast Shipyard, L.P. in Harris County for ten industrial hazardous waste violations as a result of a routine investigation conducted in September of 2009. Of the total fines, $159,142 will be used to fund a coastal tall grass management project at Armand Bayou Nature Center.
US Ecology Acquires Stablex
US Ecology, Inc,. announced that it has entered into a definitive share purchase agreement to acquire Stablex Canada, Inc., for $80 million Canadian dollars. The transaction is expected to close on October 31, 2010 and is subject to normal and customary closing conditions, including a purchase price adjustment based on working capital.
Stablex operates a permitted hazardous waste processing and disposal facility in Blainville, Quebec, about 30 miles northwest of Montreal, Canada. The rail-served facility has been in continuous operation since 1983 and utilizes proprietary technology to treat a wide range of hazardous waste. The Stablex facility principally serves the eastern Canadian and northeastern U.S. industrial markets and employs approximately 150 people. In 2009, Stablex had revenue of $38.5 million CAD.
“The addition of this superior facility to US Ecology’s family of permitted facilities provides us with a northeastern presence and an exceptional service platform to better serve key North American hazardous waste markets,” stated US Ecology’s Chief Executive Officer and President, Jim Baumgardner. “The Stablex facility will allow us to enhance our service offering, bid and win more event work, and increase penetration of key National Accounts,” added Baumgardner.
“This acquisition of Stablex, along with our pending acquisition of the Siemens facility in Vernon, California, is consistent with our business strategy to acquire facilities that increase our geographic footprint, augment services to existing customers, and attract new customers,” Baumgardner concluded.
New Jersey DEP Issues Advisory on Failure to Report Air Releases
The information below is the legal citation and procedure to help you avoid the most common transgressions.
- A person who causes a release of air contaminants in a quantity or concentration which poses a potential threat to public health, welfare, or the environment, or which might reasonably result in citizen complaints is required to immediately notify DEP.
- The facility representative or responsible person must immediately call DEP’s Hotline at 1-877-WARN DEP (1-877-927-6337) to report the release of air contaminants which pose a potential threat to the public health, welfare, or the environment, or which might result in citizen complaints.
- The facility representative or responsible person should communicate all pertinent incident information to the DEP Hotline Operator and obtain a case number for future reference.
- The legal obligation to notify DEP is not satisfied because local officials tell you that you do not have to call. It is the responsibility of the facility to notify the Department, not local police, fire, or emergency responders.
For answers to questions on reporting requirements, call the regional field office that corresponds with your geographic area:
- Northern Regional Office (Bergen, Essex, Hudson, Hunterdon, Morris, Passaic, Somerset, Sussex, Union, and Warren) 973-656-4444
- Central Regional Office (Burlington, Mercer, Middlesex, Monmouth, and Ocean) 609-292-3187
- Southern Regional Office (Atlantic, Camden, Cape May, Cumberland, Gloucester, and Salem) 856-614-3601
Notifications concerning air releases to the environment should be reported to DEP’s 24 Hour Toll-Free Environmental Hotline at 1-877 WARN DEP (1-877-927-6337).
California Releases Proposed Green Chemistry Rule
The California Department of Toxic Substances Control (DTSC) is releasing its official proposed regulation to make everyday consumer products less toxic. The regulation is a critical element of California’s Green Chemistry Initiative. DTSC’s adoption of the regulation is required by AB 1879 (Feuer, 2008) which was signed into law by Governor Arnold Schwarzenegger. The regulation establishes a process for the identification and prioritization of chemicals of concern and the performance of alternatives assessments.
“This regulation propels California to the forefront of the nation and the world with the most comprehensive Green Chemistry program and will lead to safer products for consumers,” said Linda Adams, Secretary of the California Environmental Protection Agency (Cal/EPA). “I salute our stakeholders and our Green Ribbon Science Panel who gave us their valuable ideas and comments.”
This proposed regulation reflects two years of feedback from stakeholders and the public. Adams, who called for the Green Chemistry Initiative, cited the extensive opportunities for public comment offered during the development of the proposed Regulation for Safer Consumer Products.
“Consumers all want to trust the safety of the products they buy,” she said. “DTSC’s transparency in this process is a significant step in creating a foundation for that trust,” Adams concluded.
DTSC has submitted the proposed regulation package to the Office of Administrative Law (OAL) for review. The proposed regulation includes changes to the June 23, 2010 draft that reflect feedback received from all stakeholders including practitioners of green chemistry. A formal 45-day public comment process will begin when OAL posts the public notice. A hearing will be held on November 1, 2010.
“This regulation will facilitate California’s transition from managing toxic chemicals at the end of their lifecycle to designing products and processes that are more environmentally benign,” said DTSC Acting Director Maziar Movassaghi. “It represents a landmark policy change that continues California’s environmental leadership and fosters a new era in the design of a new consumer products economy.”
The regulation is on schedule to meet the legal deadline of January 1, 2011, when it is expected to go into effect.
Washington Invites Comments on Revised Rule for Reporting of Greenhouse Gas Emissions
The Washington Department of Ecology (Ecology) is asking for comments on the state’s retooled rule for legally required reporting of greenhouse gas (GHG) emissions.
It also clarifies how and when emissions will be reported.
In 2008, the Washington Legislature directed Ecology to develop rules requiring the state’s largest sources of GHGs to report their emissions. This law is an important tool for understanding the state’s GHG emissions profile.
As Ecology developed the rules, the agency and stakeholders recognized that the reporting program could be streamlined. The changes ease reporting burdens and make the process less complicated, which makes it easier to get accurate, consistent data. They also make it easier and less costly for emitters to comply with reporting requirements in Washington and in other jurisdictions in which they operate.
Also, in September 2009, EPA adopted its own GHG reporting rules. In 2010, Governor Chris Gregoire and the Washington Legislature approved legislation that will align the state and EPA rules more closely.
Ecology invites comments from September 15 to October 14, 2010.
Key points of the proposed rule include:
- Reporting will begin in 2013 for 2012 emissions.
- The yearly reporting threshold is set at 10,000 metric tons of carbon dioxide equivalent for all sources.
- It adopts EPA calculation and reporting methods. This reduces reporter costs and increases Washington’s ability to compare data with other states.
- Facility-based reporting will be used instead of entity-wide reporting. This makes it easier for businesses to calculate their emissions and ensures that Ecology receives the same emissions data reported to EPA from those who will report to both.
- Fuel suppliers and importers will report emissions from transportation fuels. They will use the same information provided to the state Department of Licensing instead of reporting by individual vehicle fleets. This gives a much more complete measurement of the state’s transportation emissions, which account for nearly half of Washington’s total GHG emissions.
- Emitters are only required to report direct emissions from certain stationary source categories such as combustion, electricity generation, landfills, and various industrial operations.
- The list of GHGs to be reported includes gases added by Congress or included in EPA’s reporting regulation. If more GHGs are added, Ecology will review and update its rules as needed to stay current with federal regulations.
- Confidential business information is protected because a company could be placed at a competitive disadvantage if the information is made public. However, each reporter’s emissions will be available to the public and sufficient oversight will be in place to make sure reports are accurate.
- Organizations that are not required to report can voluntarily report their emissions.
EPA Ends Climate Leaders Program
Factoring into the agency’s plans for the program are the many new developments in regulatory and voluntary programs that address greenhouse gas (GHG) emissions, including the first-ever mandatory GHG reporting rule that took effect on January 1, 2010. In addition, several states and non-governmental organizations (NGOs) now offer climate programs that are now robust enough to serve companies in the Climate Leaders program.
As EPA phases down services the agency provides under the program—including technical assistance and setting GHG reduction goals—the agency will also take steps to assist the transition of the partners into non-federal programs that will allow them to go above and beyond mandatory reporting requirements to meet their goals. The agency will work with these programs to continue to stay involved in important initiatives related to corporate GHG accounting and to support companies’ actions to reduce their GHG emissions, in particular through other EPA programs such as Energy Star and the Green Power Partnership. The agency will also seek new ways to promote, support, and recognize climate leadership.
EPA indicated that it is confident that this transition will allow the agency to realign resources to better assist companies in learning from the emissions data collected under the GHG Reporting Program. This data will facilitate the exchange and application of best practices and innovative technologies across a wide range of industries. EPA’s other voluntary programs will remain in place and continue to work with partner organizations to reduce emissions and increase sustainability.
Climate Leaders was started in 2002 as a voluntary program for organizations to complete a corporate-wide GHG inventory, set a reduction goal and meet that goal.
Carbon Nanotubes Twice as Strong as Once Thought
Carbon nanotubes—those tiny particles poised to revolutionize electronics, medicine, and other areas—are much bigger in the strength department than anyone ever thought, scientists are reporting. New studies on the strength of these submicroscopic cylinders of carbon indicate that on an ounce-for-ounce basis they are at least 117 times stronger than steel and 30 times stronger than Kevlar, the material used in bulletproof vests and other products.
Stephen Cronin and colleagues point out that nanotubes—barely 1/50,000th the width of a human hair—have been renowned for exceptional strength, high electrical conductivity, and other properties. Nanotubes can stretch considerably like toffee before breaking. This makes them ideal for a variety of futuristic applications, even, if science fiction ever become reality, as cables in “space elevators” that lift objects from the Earth’s surface into orbit.
To resolve uncertainties about the actual strength of nanotubes, the scientists applied immense tension to individual carbon nanotubes of different lengths and widths. They found that nanotubes could be stretched up to 14% of their normal length without breaking, or more than twice that of previous reports by others. The finding establishes “a new lower limit for the ultimate strength of carbon nanotubes,” the article noted.
Ten States Mark Second Anniversary of Regional Program to Reduce GHG Emissions
The ten states participating in the recent Regional Greenhouse Gas Initiative (RGGI) announced the successful completion of the 9th regional auction of carbon dioxide (CO2) allowances. The auction marks two years since the debut of the RGGI auctions and highlights the successful implementation of the nation’s first market-based regulatory program to reduce GHG emissions.
The offering of current control period CO2 allowances (2009-2011) in last week’s auction yielded a total of $63,997,020 from the sale of 34,407,000 allowances. More than 75% of allowances offered for sale were sold. The auction clearing price was $1.86 per allowance, the reserve price for the auction. Electric generators and their corporate affiliates purchased 92% of the total number of current control period allowances sold.
States also offered a smaller number of CO2 allowances for a future control period (2012-2014). The offering of future control period CO2 allowances yielded a total of $2,440,320 from the sale of 1,312,000 allowances. More than 61% of future control period allowances offered for sale were sold. The auction clearing price was $1.86 per allowance. Electric generators and their corporate affiliates purchased 100% of the future control period allowances sold.
New York’s share of the total proceeds from this week’s auction is approximately $22 million.
Since September 2008, proceeds from RGGI auctions have totaled more than $729 million—more than 80% of which is being invested in strategic energy programs to benefit consumers and build a clean energy economy. New York’s share is approximately $265 million.
As they have for previous auctions, the participating states released the report of the independent market monitor, which contains aggregate auction results and a list of all qualified auction participants that submitted their intent to bid in the auction. According to the market monitor’s report for Auction 9, electric generators and their corporate affiliates have won 84% of all CO2 allowances sold in Auctions 1-9 and will hold 95% of CO2 allowances in circulation following the settlement of allowances sold in Auction 9.
The quarterly CO2 allowance auctions are just one component of a program that regulates CO2 emissions from 209 power plants across 10 states. The RGGI participating states have also built an interactive online emissions and allowance tracking system to track, record, and publicly report RGGI program data and market activity, including CO2 emissions from regulated power plants and CO2 allowance transactions among market participants.
The RGGI experience shows how a market-based program to reduce GHG emissions can help build a clean energy economy. Overall, RGGI participating states are investing 60% of proceeds from RGGI CO2 allowance auctions to improve energy efficiency; 10% to accelerate the deployment of renewable energy technologies; and an additional 10% to provide direct consumer benefits, including energy bill payment assistance to low-income rate payers.
“The RGGI states have now conducted nine successful auctions, delivering allowances to the power plants and returning millions of dollars to consumers through investments in energy savings and clean energy—while having little, if any, impact on power rates,” said State Environmental Conservation Commissioner Pete Grannis.
“New York State’s investment of RGGI proceeds is helping to reduce energy costs today while building a clean energy economy for the future,” said Francis J. Murray Jr., President and CEO of the New York State Energy Research and Development Authority. “These funds will help New York create new financing options to expand energy efficiency programs for households and small businesses, support workforce training, and create jobs in the clean energy sector. Through our Green Jobs\Green NY initiative, we are partnering with community-based organizations to encourage activities at the local level to reduce the emissions of GHGs, which will benefit our environment for years to come.”
Garry Brown, Chairman of the New York State Public Service Commission, said: “With the funds generated through this auction process, we can support critically needed energy efficiency and weatherization initiatives, enabling us to control our energy future and create a clean-energy economy.”
Link between Ozone Layer and Climate Change
International efforts to protect the ozone layer—the shield that protects life on Earth from harmful levels of ultraviolet rays—are a success and have stopped additional ozone losses and contributed to mitigating the greenhouse effect, according to a new report.
The report was written and reviewed by some 300 scientists and launched on the UN International Day for the Preservation of the Ozone Layer. It is the first comprehensive update in four years.
The report reaffirms that the Montreal Protocol is working. “It has protected the stratospheric ozone layer from much higher levels of depletion by phasing out production and consumption of ozone depleting substances.”
Given that many substances that deplete the ozone layer are also potent GHGs, the report says that the Montreal Protocol has “provided substantial co-benefits by reducing climate change.” In 2010, the reduction of ozone depleting substances as a result of the Montreal Protocol, expressed in CO2-equivalent emissions (about 10 Gigatonnes per year), were five times larger than those targeted by the first commitment period (2008-2012) of the Kyoto Protocol, the greenhouse emissions reduction treaty.
The report published by the World Meteorological Organization (WMO) and the United Nations Environment Programme (UNEP) says that an important remaining scientific challenge is to project future ozone abundance based on an understanding of the complex linkages between ozone and climate change.
Changes in climate are expected to have an increasing influence on stratospheric ozone in the coming decades, it says. “These changes derive principally from the emissions of long-lived GHGs, mainly carbon dioxide, associated with human activities.”
Key findings on the ozone layer:
- Over the past decade, global ozone and ozone in the Arctic and Antarctic regions is no longer decreasing but is not yet increasing.
- As a result of the phase-out of ozone depleting substances under the Montreal Protocol, the ozone layer outside the Polar regions is projected to recover to its pre-1980 levels some time before the middle of this century. The recovery might be speeded up by GHG-induced cooling of the upper stratosphere.
- In contrast, the springtime ozone hole over the Antarctic is expected to recover much later.
- The impact of the Antarctic ozone hole on surface climate is becoming evident, leading to important changes in surface temperature and wind patterns.
- It is reaffirmed that at mid-latitudes, surface UV radiation has been about constant over the last decade.
- In Antarctica large UV levels continue to be seen when the springtime ozone hole is large.
Many ozone depleting chemicals, such as CFCs (chlorofluorocarbons), once present in products such as refrigerators and spray cans, have been phased out. Demand for replacement substances called HCFCs (hydrochlorofluorocarbons) and HFCs (hydrofluorocarbons) has increased. Many of these are powerful GHGs.
- Total emissions of HCFCs are projected to begin to decline in the coming decade due to measures agreed under the Montreal Protocol in 2007. But they are currently increasing faster than four years ago. The most abundant one, HCFC-22, increased more than 50% faster in 2007-2008 than in 2003-2004.
- Abundances and emissions of HFCs are increasing at about 8% per year. HFC-23 is a byproduct of HCFC-22 production. Although it has no impact on the ozone layer it is more than 14,000 times more powerful as a GHG than CO2.
Achim Steiner, UN Under-Secretary General and UNEP Executive Director said: “This represents a further potential area for action within the overall climate change challenge. An international group of modellers working with UNEP recently concluded that current commitments and pledges linked with the Copenhagen Accord are unlikely to keep a global temperature rise to under 2?C by 2050. The gap between scientific reality and ambition is estimated to average around 4.7 Gigatonnes of CO2 equivalent per year-a gap that needs to be urgently bridged over the next decade or so if the 2?C target is to be met.”
The Scientific Assessment Panel will present the Executive Summary of the new report at the next annual Meeting of the Parties to the Montreal Protocol, to be held in Kampala, Uganda, from November 8–12, 2010. The full body of the report will be available in early 2011.
EPA Levies Nation’s Largest Pesticide Fine on 99 Cents Only Stores
The case concerned the sale of three cleaning and pest control products. Out of a total of 166 violations, 164 involved the sale of a household cleaner called “Bref Limpieza y Disinfecci?n Total con Densicloro.” [Bref Complete Cleaning and Disinfection with Densicloro], which was not registered with EPA, despite pesticidal claims on the label. The product was imported from Mexico and made statements in Spanish that it disinfects or sanitizes surfaces.
The other two products involved were “Farmer’s Secret Berry & Produce Cleaner,” an unregistered pesticide, and “PiC BORIC ACID Roach Killer III,” which was misbranded because EPA-approved labels were upside-down or inside out, making them hard to read.
The fine is the largest contested penalty ever ordered by an EPA administrative law judge against a product retailer under the Federal Insecticide, Fungicide, and Rodenticide Act.
“All pesticide distributors—discounters and high-end retailers alike—must comply with the law. This company’s disregard for state and federal law in its business practices has led to a penalty that reflects the seriousness of the violations,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest.
Before selling a pesticide in the United States, companies must register it with the EPA. Each producer, seller, and distributor must also ensure that the registered pesticide is labeled according to agency requirements.
“Consumers who bring cleaning products into their homes expect them to be safe and effective, with clear labeling that gives them the facts,” said Kathy Taylor, Associate Director of the Communities and Ecosystems Division in the EPA’s regional office. “This penalty should send a deterrent message to retailers that they must comply with the law regulating pesticides.”
99 Cents Only Stores illegally sold at least 658 bottles of the “Bref” product at stores in California, Arizona, and Nevada. The violations were discovered during multiple inspections by the California Department of Pesticide Regulation and the Nevada Department of Agriculture from 2004 to 2008.
In the decision assessing the penalty, the Judge concluded, “It is the opinion of this Tribunal that such penalty appropriately reflects the gravity of the violations, including the harm to the FIFRA regulatory program caused thereby, and will serve as a deterrent to [99¢] and other companies committing similar violations in the future.”
The 99 Cents Only Stores retail chain is headquartered in City of Commerce, California, and includes 273 stores: 204 in California, 32 in Texas, 25 in Arizona, and 12 in Nevada.
External Power Adapters Will No Longer Be Available for EPA’s Energy Star Label
Energy Star saves Americans money and helps fight climate change.
External power adapters are sold with products like digital cameras, cordless phones, and cell phones. EPA estimates there are approximately nine external power adapters for every person in the United States—as many as 2.7 billion in total. External power adapters were originally added to the Energy Star program in 2005 as a way to address energy waste across the broad array of diverse products powered by them. At the same time, EPA specified the use of Energy Star qualified adapters for relevant product categories that were covered by the program.
Within 3 years, approximately 50% of all external power adapters sold in the United States were Energy Star qualified, saving 5 billion kilowatt hours (kWh) per year and reducing GHGs by 1 million metric tons of carbon annually. In 2008, a federal minimum efficiency standard went into effect for adapters, mandating the Energy Star performance level. EPA strengthened the Energy Star requirements further and by 2009, estimates indicated that the market share of external power adapters meeting the new Energy Star specification was greater than 50%. Energy use associated with external power adapters nationally is estimated to be 12 billion kWh less per year than it would have been had their energy performance stayed where it was in 2005.
$107,000 Fine for Failure to Report Ammonia Release
In addition to the penalty, Tree Top will update its computer hardware and an install an advanced ammonia detection system that will make future releases less likely.
On July 10, 2009, Tree Top had an estimated 1,000 lb ammonia release at their fruit processing center, according to the EPA settlement. Tree Top, Inc., uses large quantities of anhydrous ammonia at the plant as a refrigerant.
“When toxic gases like ammonia get released, every second counts,” said Edward Kowalski, Director of EPA’s Office of Compliance and Enforcement in Seattle. “Immediate reporting protects workers, emergency responders and the community.”
According to case documents, EPA alleges that Tree Top, Inc., failed to immediately notify emergency response authorities after the ammonia release occurred and also failed to submit the required reporting documents.
The leak occurred when a high pressure relief valve tripped and failed to reseat properly. While no injuries were reported at the time of the accident, ammonia is a pungent, toxic gas that attacks skin, eyes, throat, and lungs, and can cause serious injury and death.
EPA’s Emergency Planning and Community Right to Know Act () requires that all releases of hazardous substances (above certain thresholds) be immediately reported to federal, state, and local emergency responders.
Century Plating Fined Over $39,000 for Hazardous Waste Violations
EPA Region 5 has settled with Century Plating Inc., in Cleveland, Ohio, for alleged violations of federal hazardous waste regulations. A $39,916 penalty has been set.
The company, a large quantity generator of hazardous waste located at 18006 S. Waterloo Road, failed to have a storage permit; submit an annual report; make a waste determination; comply with its contingency plan; document and keep employee training records; maintain and test emergency equipment; make and document agreements with emergency services; and mark, close, and perform weekly inspections of containers of hazardous plating waste.
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Trivia Question of the Week
The average American home is currently storing about how much hazardous waste?
a. 10 lb
b. 100 lb
c. 250 lb
d. 500 lb