In a new report, the Government Accountability Office (GAO) is suggesting that EPA should, with Congressional approval, begin to regulate drilling wastes, which are currently exempt under the Resource Conservation & Recovery Act (RCRA), under a “wastestream by wastestream” approach. In its October 9 report on EPA’s authority to oversee hydraulic fracturing, “Unconventional Oil and Gas Development: Key Environmental and Public Health Requirements,” the GAO says EPA could address environmental groups’ concerns about the increasing toxicity and volumes of drilling wastes by revisiting its 1988 finding that these wastes need not be regulated. The report says that if EPA were to repeal or narrow the current RCRA exemption for drilling wastes as environmentalists are seeking, it would not subject all drilling wastes to blanket hazardous waste regulation under RCRA subtitle C, but the agency would have to determine on a case-by-case basis which byproducts meet the characteristics of hazardous waste, such as ignitability, corrosivity, reactivity, and toxicity.
“Should the exemption be lifted, not all exploration and production wastes would necessarily be hazardous,” GAO says. “Rather, whether particular exploration and production wastes would be hazardous and subject to regulation would depend on whether those particular wastes meet the regulatory definition of hazardous (i.e., are a listed waste or exhibit a characteristic of hazardous waste),” the report says.
However, GAO warned that “under the key RCRA provision, the regulations would not become effective until authorized by Congressional action.”
New Restrictions on Ingredients in Consumer Products Take Effect on December 31 in California
The requirements include volatile organic compound (VOC) and Global Warming Potential (GWP) standards, and alkylphenol ethoxylate surfactants and toxic compound prohibitions. These requirements are likely to affect manufacturers of air fresheners, general purpose cleaners, general purpose degreasers, glass cleaners, metal polish or cleansers, sealant or caulking compounds, spot removers, oven or grill cleaners, and lubricants. The specific regulatory requirements are contained in the Regulation for
Reducing Emissions from Consumer Products (Consumer Products Regulation), sections 94507–94517, title 17, California Code of Regulations.
Background: ARB monitors the progress of manufacturers in meeting upcoming requirements to ensure companies are on track to comply with the requirements before they become effective.ARB’s consumer products regulations have resulted in projected emission reductions of nearly 50 percent since 1990, but more needs to be done to meet health-based air quality standards.
Cleanup of Most Challenging US Contaminated Groundwater Sites Unlikely for Many Decades
At least 126,000 sites across the US have contaminated groundwater that requires remediation, and about 10% of these sites are considered complex, meaning restoration is unlikely to be achieved in the next 50 to 100 years due to technological limitations, says a new report from the National Research Council. The report adds that the estimated cost of complete cleanup at these sites ranges from $110 billion to $127 billion, but the figures for both the number of sites and costs are likely underestimates.
Several national and state groundwater cleanup programs developed over the last three decades under various federal and state agencies aim to mitigate the human health and ecological risks posed by underground contamination. These programs include cleanup at Superfund sites; facilities that treat, store, and dispose of hazardous wastes; leaking underground storage tanks; and federal facilities, such as military installations. The US Department of Defense has already spent approximately $30 billion in hazardous waste remediation to address past legacies of its industrial operations. DOD sites represent approximately 3.4% of the total active remediation sites, but many of these sites present the greatest technical challenges to restoration with very high costs. Therefore, the agency asked the National Research Council to examine the future of groundwater remediation efforts and the challenges facing the US Army and other responsible agencies as they pursue site closures.
“The complete removal of contaminants from groundwater at possibly thousands of complex sites in the US is unlikely, and no technology innovations appear in the near time horizon that could overcome the challenges of restoring contaminated groundwater to drinking water standards,” said Michael Kavanaugh, chair of the committee that wrote the report and a principal with Geosyntec Consultants, Inc., in Oakland, California. “At many of these complex sites, a point of diminishing returns will often occur as contaminants in groundwater remain stalled at levels above drinking water standards despite continued active remedial efforts. We are recommending a formal evaluation be made at the appropriate time in the life cycle of a site to decide whether to transition the sites to active or passive long-term management.”
The estimated range of remediation costs do not account for technical barriers to complete cleanup at complex sites or the costs of cleanup at future sites where groundwater may become contaminated, the committee said. A substantial portion of the costs will come from public sources as some of complex sites are orphan sites and many other complex sites are the responsibility of federal or state agencies.
The committee said that the nomenclature for the phases of site cleanup and cleanup progress are inconsistent among public and private sector organizations, which could confuse the public and other stakeholders about the concept of site closure. For example, many sites thought of as “closed” and considered successes still have contamination and will require continued oversight and funding over extended timeframes in order to maintain protectiveness, including 50% of the contaminated groundwater sites evaluated by the committee that have been deleted from the Superfund list. More consistent and transparent terminology that simply and clearly explains the different stages of cleanup and progress would improve communication with the public.
“The central theme of this report is how the nation should deal with those sites where residual contamination will remain above levels needed to achieve restoration,” Kavanaugh stated. “In the opinion of the committee, this finding needs to inform decision making at these complex sites, including a more comprehensive use of risk assessment methods, and support for a national research and development program that leads to innovative tools to ensure protectiveness where residual contamination persists. In all cases, the final end state of these sites has to be protective of human health and the environment consistent with the existing legal framework, but a more rapid transition will reduce life-cycle costs. Some residual contamination will persist at these sites and future national strategies need to account for this fact.”
The committee said that if a remedy at a site reaches a point where continuing expenditures bring little or no reduction of risk prior to attaining drinking water standards, a reevaluation of the future approach to cleaning up the site, called a transition assessment, should occur. The committee concluded that cost savings are anticipated from timelier implementation of the transition assessment process but funding will still be needed to maintain long-term management at these complex sites.
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German Shipping Companies Convicted in Texas and Alaska for Environmental Crimes
Two German shipping companies pleaded guilty in federal court in Houston to criminal charges that they concealed the illegal dumping of oil at sea from US Coast Guard inspectors.
Nimmrich & Prahm Bereederung and Nimmrich & Prahm Reedrei, the operator and owner of the commercial cargo vessel M/V Susan K, will pay a $1.2 million dollar criminal penalty, $200,000 of which will go to the National Marine Sanctuaries Fund as a community service payment for projects aimed at preserving and restoring the Flower Garden Banks National Marine Sanctuary located off the Texas coast. As a condition of probation, all vessels owned or operated by the defendants will be prohibited from entering US ports or waters for five years.
Federal and international law requires that cargo vessels like the M/V Susan K dispose of oily bilge waste water by using an oil water separator (OWS) or disposing of the waste water at shore facilities. The law also requires that the crew record the disposal of oily waste water in an oil record book that is presented to the Coast Guard during a port inspection.
According to the plea agreement, the chief engineer and other crew members on board the vessel repeatedly discharged oily bilge waste water from the vessel into the ocean from before August 1, 2011, to March 4, 2012, by using a hose that bypassed the vessel’s OWS. The chief engineer then falsified the vessel’s oil record book to conceal the dumping from Coast Guard inspectors when the vessel entered the US ports in Alaska on January 24, 2012, and then in Houston on March 4, 2012.
“Illegal discharges of oil at sea by commercial shippers is an all too common practice, and today’s sentence shows that there are serious consequences for it,” said Ignacia S. Moreno, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division. “The defendants will pay a significant penalty and be barred from US waters for deliberately concealing from US authorities their illegal dumping of oil from Alaska to the coast of Texas while at sea. Vessel companies that deliberately violate the laws enacted to protect the oceans will be pursued and prosecuted.”
“The outcomes of these cases demonstrate the commitment of the US Coast Guard and the Department of Justice to protecting our marine environment,” said Rear Admiral Roy A. Nash, Eighth Coast Guard District Commander. “We continue to ensure that companies and individuals who break the law and endanger our natural resources are held accountable.”
The community service payment to the National Marine Sanctuary Foundation will be used to conduct critical monitoring, research, and restoration projects in and around Flower Garden Banks National Marine Sanctuary in the Gulf of Mexico. These projects will include coral reef surveys, especially to collect data on coral spawning events and coral resilience. They will also include species monitoring projects, such as acoustic tagging of sensitive, threatened and endangered marine species including manta rays and tiger sharks, as well as commercially important species such as red snapper.
According to court documents, the Coast Guard boarded the vessel in Houston on April 6, 2012, after receiving a tip from a lower level crew member about the illegal dumping of oil and found the hose used to dump the oily waste overboard. During the inspection, the chief engineer lied to the Coast Guard about the hose and the oil dumping and instructed a crew member to lie to the Coast Guard about the use of the hose. The three whistle blowers on the vessel who assisted in the criminal investigation were each awarded $67,000 by the court.
Overall, the companies pleaded to two obstruction of justice charges and one violation of the Act to Prevent Pollution from Ships for the violations in the District of Alaska and Southern District of Texas; the single obstruction of justice charge in Alaska was transferred procedurally to Houston. On September 10, 2012, the chief engineer of the vessel pleaded guilty to one criminal charge in Texas and was fined $1,000 and sentenced to one year probation.
EPA Approves Additional Fuel Waivers for New Jersey, Pennsylvania, and New York
EPA has exercised its authority under the Clean Air Act to temporarily waive federal clean diesel fuel requirements in New Jersey, Pennsylvania, and in and around New York City to allow the use of home heating oil in highway vehicles, nonroad vehicles, and nonroad equipment designated by the States of New Jersey, Pennsylvania, and New York for emergency response. These waivers were granted by EPA in coordination with the Department of Energy (DOE).
EPA Administrator Lisa P. Jackson determined that, as a result of effects of Hurricane Sandy, extreme and unusual supply circumstances exist, which may result in a temporary shortage of diesel fuel compliant with federal regulations. The federal waivers will help ensure an adequate supply of fuel for emergency response in the impacted areas of New Jersey, New York City, and Pennsylvania.
These waivers temporarily allow the use of heating oil in highway vehicles, nonroad vehicles, and nonroad equipment types involved in disaster recovery efforts designated by the States of New Jersey, Pennsylvania, and New York, if ultra low-sulfur diesel fuel is not available. These waivers will not apply to a subset of newer products that could be damaged by the high sulfur fuel.
Los Angeles Water Board Approves Updated
The regulations, called an MS4 Permit Order, are a renewal of a permit last issued in 2006, covering municipalities in Los Angeles County, except for Long Beach, which has its own storm water permit.
Storm water runoff remains a major water quality problem in the Los Angeles region, posing a threat to human health and water ecosystems. Pollutants in runoff have caused beach closings, fish consumption warnings, reduced habitat for threatened and endangered species and unsightly accumulations of trash and debris in waters of the county.
“Clean water is vitally important for our health and for the environment,” said Regional Water Board Executive Officer Samuel Unger. “The new regulations are designed to give municipalities the flexibility to design a strategy that meets clean water goals in the most cost effective way.”
The MS4 Permit requires cities and towns in the county to develop a plan to reduce the pollutants in storm water, to monitor the results and take corrective action when goals are not met. Storm water discharge permit holders have a wide range of strategies available under the new permit to reduce pollution, from public education of residents for activities like car washing and pesticide use to low impact development regulations that require construction of retention basins and the use of permeable material for paving parking lots to allow water to seep back into the groundwater.
Washington Proposes Changes to State Environmental Protection Act
The Washington Department of Ecology is proposing to adopt amendments to the State Environmental Protection Act (SEPA) in order to increase the flexible thresholds that local governments may adopt to exempt minor new construction projects from SEPA review. It will also increase the threshold for SEPA review of electric facilities. The proposal includes added flexibility for all lead agencies to improve the efficiency of the environmental checklist.
Proposed changes include:
- Establishment of separate flexible exemption thresholds for local governments in counties fully planning under RCW 36.70A.040 and local governments in other counties
- Revisions to the process that local governments follow in adopting flexible SEPA exemption thresholds
- Revision and clarification to language related to the residential, parking lot and landfill & excavation categories of minor new construction
- An increase the threshold for SEPA review of electric facilities
- Improvements to the efficiency of the environmental checklist
- Allowing for electronic submittal of the environmental checklist, including electronic signature
Mississippi Laboratory Operator Charged with Falsifying Records on Industrial Wastewater
An owner and sole operator of an environmental laboratory has been charged in US District Court for the Southern District of Mississippi with falsification of records and obstructing a federal criminal investigation, announced US Attorney for the Southern District of Mississippi Gregory K. Davis and Assistant Attorney General Ignacia S. Moreno of the Justice Department’s Environment and Natural Resources Division.
Tennie White, owner, operator and manager of Mississippi Environmental Analytical Laboratories Inc. was charged in a three-count felony indictment with two false statements counts and one count of obstructing proceedings.
According to the indictment, White was hired to perform laboratory testing of a manufacturer’s industrial process waste water samples and then to use those results to complete monthly discharge monitoring reports for submission to the Mississippi Department of Environmental Quality (MDEQ). The indictment alleges that from February to August 2009 White created three discharge monitoring reports (DMRs) that falsely represented that laboratory testing had been performed on samples when, in fact, such testing had not been done. The indictment further alleges that White created a fictitious laboratory report and presented it to her client for use in preparing another DMR.
The indictment further alleges that White made false statements to a federal agent during a subsequent criminal investigation. An indictment is not a finding of guilt, and a defendant is presumed innocent unless and until proven guilty in a court of law.
The false statements charges carry a maximum sentence of five years in prison and a $250,000 fine per count. The obstructing proceedings charge carries a maximum sentence of 20 years in prison and a $250,000 fine.
Behlen Manufacturing Company to Pay $59,996 Civil Penalty for Hazardous Waste Violations
Behlen Manufacturing Company, an agricultural and industrial product manufacturer, has agreed to pay a $59,996 administrative civil penalty to settle a series of RCRA violations in Columbus, Nebraska.
In addition to paying the civil penalty, the company will spend a minimum of $75,578 to install pollution reducing equipment as part of a supplemental environmental project.
According to an administrative consent agreement filed by EPA Region 7 in Kansas City, Kansas, EPA representatives conducted a compliance evaluation inspection at the company’s Columbus facility in October 2009, and noted several RCRA violations. RCRA regulates the storage, handling, and labeling of hazardous waste.
“Behlen Manufacturing was cooperative throughout the negotiation process,” EPA Region 7 Administrator Karl Brooks said. “The innovative environmental project that Behlen will complete will turn wastes into a useful product and is an example of environmental stewardship for similar companies to follow.”
The violations at Behlen Manufacturing included failure to perform a hazardous waste determination, operating a hazardous waste storage facility without a RCRA permit, and failure to comply with universal waste requirements.
EPA Honors Adobe for Eliminating Waste at Corporate HQ
EPA honored Adobe with its 2012 Zero Waste Advocate award for the company’s waste management program that diverts 100% of solid waste from its San Jose, California headquarters facility from landfills.
“Office waste is a significant part of the Bay Area’s trash and landfills across the country,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest region. “EPA commends Adobe for its outstanding work as an industry leader in reducing waste, setting an example for other companies to follow suit.”
The award was presented to Mike Bangs, Adobe’s Director of Global Facilities, at a ceremony in the company’s headquarters.
The company began its zero waste efforts in 2003 when it volunteered for a pilot composting and recycling program run by the City of San Jose. In addition to taking measures such as removing all trash bins and equipping its meeting and dining rooms with recycling and composting bins, Adobe supplied its cafeterias, a significant source of solid waste, with compostable dining ware.
Other measures, such as removing bottled water, installing filtered water dispensers as a bottled water alternative, and establishing a training program for Adobe employees and janitorial staff, were put into place to ensure waste was thoroughly diverted.
Adobe is one of 12 environmental award winners for the EPA Pacific Southwest region in 2012.
Johnstown Wire Settles Violations of Chemical Reporting
EPA announced that Johnstown Wire Technologies, Inc., (Johnstown Wire) has agreed to pay a $14,000 penalty to settle alleged violations of hazardous chemical reporting requirements at its manufacturing facility in Johnstown, Pennsylvania.
Johnstown Wire violated two federal laws protecting the public and environment from toxic chemical releases, according to EPA. Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, also known as the Superfund law), facilities must immediately report significant releases of hazardous substances to the National Response Center, the national point of contact for reporting oil and hazardous chemical spills. The Emergency Planning and Community Right-to-Know Act (EPCRA) also mandates that facilities notify state and local emergency officials of such releases, and provide follow-up reports on response actions and any public health effects.
According to EPA, the company did not immediately notify federal, state and local emergency response officials after the facility released an estimated 16,000 lb of hydrochloric acid, in the period between 11:30 a.m. and 2:15 p.m. February 8, 2010. EPA alleged that the company knew or should have known of this release by 3:30 a.m., but did not notify the National Response Center until 4:27 p.m., and did not notify the local emergency responders (Cambria County Emergency Response Agency) until 4:45 p.m., an hour and fifteen minutes later. The company failed to notify the Pennsylvania Emergency Response Agency.
The settlement penalty reflects the company’s good faith and cooperation with EPA in resolving this matter. In the settlement, Johnstown Wire did not admit liability for the alleged violations.
Los Angeles Companies Agree to Pay $140,000 for Clean Air Act Violations
Two Los Angeles companies have agreed to pay a combined total of $140,000 for violating the Clean Air Act by importing electric generators and recreational vehicles into the Port of Long Beach without proper emission controls. All Power America, LLC, (All-Power) located in Chino, California will pay $60,000 and Maxtrade, LLC, (Maxtrade) located in South El Monte, California will pay $80,000. In addition to the penalties, the companies were required to export the non-compliant generators and recreational vehicles out of the country. EPA discovered the violations during inspections conducted at the Port of Long Beach between 2009 and 2012.
“Without the right emissions controls, gas-powered ATVs, motorcycles, and generators can add harmful pollutants to the air we breathe,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “These enforcement actions are part of an ongoing effort by EPA to ensure that all imported vehicles and equipment meet the federal standards.”
In 2011, All Power imported 80 generators into the Port of Long Beach with the intention to sell. EPA inspectors found that the generators lacked the required catalytic converters. During 2009 and 2012, Maxtrade imported a combined total of 2,481 off-highway motorcycles and ATVs into the Port of Long Beach with the intention to sell. EPA inspectors found that the vehicles violated federal law by using improper carburetors and catalytic converters.
Catalytic converters are designed to reduce emissions of carbon monoxide, nitrogen oxides, and volatile organic compounds (VOCs). Equipment or vehicles that operate without proper emissions controls can emit excess hydrocarbons and nitrogen oxides, which can contribute to ambient concentrations of ozone, which is associated with a wide range of health effects such as chronic bronchitis, and aggravation of asthma.
These enforcement actions are part of an ongoing effort by EPA to ensure that imported vehicles and equipment comply with the Clean Air Act’s requirements. The Clean Air Act prohibits the importation or sale of any new engines or vehicles unless they are certified by EPA to meet federal emissions standards.
DARN Properties Assessed $28,372 Penalty for Asbestos Violations
The Massachusetts Department of Environmental Protection (MassDEP) assessed a $28,372.50 penalty on DARN Properties, LLC, of Milford for violations of state asbestos regulations that occurred during a Milford rental property renovation project in September 2011.
During an inspection of the property, MassDEP determined that the company had allowed asbestos-containing floor tiles to be improperly removed during the renovation and then disposed of in an open-top dumpster at the property. Upon discovery, MassDEP required the company to immediately retain the services of a Massachusetts Department of Labor Standards licensed asbestos contractor to properly handle, package, and dispose of all the asbestos waste, and to decontaminate the dumpster and all affected areas of the property.
The company was penalized for failing to notify MassDEP of a demolition/renovation operation involving asbestos-containing materials; and for the improper removal, handling, packaging, labeling, and storage of asbestos-containing waste materials. State regulations require notification to MassDEP in advance of an asbestos removal project. Proper removal, handling, packaging, and storage of asbestos-containing materials are critical measures that prevent the release of and potential exposure to asbestos fibers, and warn of the health hazards associated with that type of waste material.
Under the consent order reached between MassDEP and DARN Properties, the company must pay $8,500 of the assessed penalty. The remaining $19,872.50 fine will be suspended provided that the company has no further violations for one year.
DEP Fines Beaver County Man $137,800 for Wetlands Violations
The Department of Environmental Protection announced that Francois Bitz of Baden, Beaver County, will pay $137,000 in civil penalties as part of a consent order and agreement for violating the Pennsylvania Clean Streams Law and the Dam Safety and Encroachments Act. Bitz will also pay cost-recovery and oversight costs to DEP and the Allegheny County Conservation District.
“Our regulations exist to protect the quality and vitality of our streams and wetlands,” DEP Southwest Regional Director Susan Malone said. “The department’s permitting process allows for responsible development, but the regulations must be respected and enforced.”
From 2009 to 2010, without the necessary permits, Bitz excavated approximately two acres of wetlands and impacted about 1,100 feet of stream while constructing a recreational pond on his property in Marshall Township, Allegheny County.
DEP issued Bitz two compliance orders in July 2010 after inspections of the Marshall Township property revealed he had excavated portions of a stream channel of an unnamed tributary to Big Sewickley Creek, which is classified as a trout-stocked fishery. Bitz also disturbed significant portions of earth in the surrounding wetlands without developing or implementing an erosion and sediment control plan. Such plans outline how construction activity will take place responsibly by preventing sediment runoff to pollute streams and wetlands.
The compliance orders outline Bitz’s failure to comply with regulations that protect wetlands and mitigate erosion during construction activity. As a condition of the consent order and agreement, Bitz must submit a revised permit application for remediation and restoration of the impacted stream and wetlands. The agreement also stipulates that the restoration must begin within two months and be completed within six months of the permit being issued.
Springfield Chemical Manufacturer Fined $23,250 for Air Quality Violations
MassDEP has levied a $23,250 penalty against Styrolution America, LLC, for violating the terms and conditions of its state air quality permit. The violations were discovered during an inspection of the facility, located on Worcester Street in Springfield.
MassDEP conducted an inspection of the facilities on April 20, 2012, and reviewed required submittals from the company. As a result of the review and the inspection, MassDEP determined that Styrolution failed to perform quarterly sampling, monitor the hourly feed rate, limit the feed rate to that established through stack testing, and submit quarterly reports of the amount of monomer combusted in its boiler.
Styrolution fully cooperated with MassDEP and has entered into a settlement agreement. In addition to paying the penalty, Styrolution has agreed to correct the violations and has submitted a new Air Quality Approval application to MassDEP.
“This facility’s failure to properly sample, monitor and report operational parameters, seriously undermined our ability to ensure that the facility is in compliance with its air quality permit and approvals,” said Michael Gorski, director of MassDEP’s Western Regional Office in Springfield.
Bag Manufacturer Penalized $6,052 for Industrial Wastewater Violations
MassDEP penalized Laddawn, Inc., of Sterling $6,052.50 and required the company to perform a supplemental environmental project (SEP) after the firm violated numerous state Hazardous Waste Management regulations and violated the Title 5 Subsurface Disposal requirement.
Laddawn, formerly known as the Northeast Poly Bag Company, is a manufacturer of custom bags, as well as film and tubing sheets that are converted into bags using polyethylene resins at its 2 Northeast Boulevard facility.
During a MassDEP inspection conducted last February, it was determined that the company discharged low-strength industrial wastewater to its on-site Title 5 Sanitary Wastewater Disposal System. Laddawn also failed to comply with numerous Hazardous Waste Management requirements, such as not properly labeling waste containers, collecting more wastes than allowed under the permit, and allowing an unregistered contractor to remove the hazardous wastes from the premises.
In a consent order, the company agreed to maintain compliance with applicable regulations, and to pay $3,022.50 of the assessed penalty; the remainder will be suspended pending completion of the settlement requirements. The company must also spend an additional $3,030 to fund a SEP where the company will purchase a mobile data terminal for the Town of Sterling Fire Department that will be installed in its Rescue Truck 1.
“Once informed of the violations, the company acted very quickly to comply,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester. “The mobile data terminal will greatly enhance the fire department’s ability to access information during emergencies.”
MassDEP Fines Owner of Residential Housing Complex for Failure to Clean-up Oil Contamination
MassDEP fined Hampton Housing Associates $5,000 for their failure to comply with a consent order requiring the remediation of contamination at their housing complex site, located at 30 Hampton Avenue in Northampton.
Following the discovery of petroleum constituents in soil and groundwater at the site, MassDEP issued a Notice of Responsibility in June of 2002 to Hampton Housing Associates informing them of their responsibilities and liabilities as the owner of a confirmed oil release site. Hampton Housing was notified numerous times that further investigations were needed to address the contamination on this property. Hampton Housing failed to comply with these MassDEP notices.
In August 2006, Hampton Housing agreed to resolve outstanding noncompliance by entering into a consent order with MassDEP. In the agreement, MassDEP required Hampton Housing to complete comprehensive response actions and formulate a plan to clean up the oil contamination on-site. Hampton Housing failed to comply with the order and agreement, resulting in MassDEP penalizing Hampton Housing $5,000.
“Hampton Housing’s failure to comply with our legally binding agreement is very disappointing,” said Michael Gorski, director of MassDEP’s Western Regional Office in Springfield. “MassDEP will continue to push for cleanup of the remaining contamination at this site.”
Birchwood Laboratories Pays $500,000 Settlement for Violating Air Quality Rules
The Air Resources Board announced recently that Birchwood Laboratories, a North American distributor of gun care products, agreed to pay $500,000 for violating consumer product rules that protect air quality.
Birchwood sold Casey Gun Scrubber Solvent/ Degreaser in California. The product exceeded the state’s limits for chemicals known as VOCs which contribute to the formation of smog. The product also contained trichloroethylene, a toxic air contaminant that is strictly prohibited from use in ‘General Purpose Degreasers.’
“ARB is vigilant about ensuring that products sold to consumers in California meet the standards for smog-causing chemicals,” said ARB Enforcement Chief Jim Ryden. “It is equally important that the General Purpose Degreasers do not contain toxic chemicals.”
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Trivia Question of the Week
After a flood, which of the following can cause contamination of drinking water?
a. Septic systems
b. Household chemicals
c. Oil refineries
d. All of the above
