On December 8, the EPA filed court papers stating that it wants another six months to decide whether to strengthen clean air standards for ozone, the main component of urban smog. This delay would be in addition to four months of delay to the rule this year, making the total delay ten months. The agency originally told a federal court the decision would be finalized by August, and later said it was “committed” to finish by December of this year.
EPA’s proposed delay of the ozone standard follows only days after the agency asked another federal court to put off, by more than a year, a deadline to set limits on toxic emissions from industrial boilers.
Ozone air pollution has been reported to cause premature death, asthma attacks, and other breathing problems. Ozone can send people to emergency rooms and hospitals due to lung distress. Children, people with asthma, and senior citizens are at special risk. According to EPA estimates, stronger ozone standards could save up to 12,000 lives annually, prevent tens of thousands of asthma attacks and hospital visits, and prevent hundreds of thousands of lost school and work days.
David Baron, an attorney for the environmental advocacy group Earthjustice, said, “Delaying this important air rule is deplorable. The nation’s leading medical experts and EPA’s own science advisors say we need stronger standards. This evidence has been available for years. EPA does not need another six months to do its job: It must protect our lungs and those of our children now. Earthjustice is talking with its clients about legal options for putting an end to further delays on these urgently needed protections.”
The Natural Resources Defense Council’s Executive Director Peter Lehner said, “This delay will sicken many Americans. Ozone pollution aggravates wheezing and coughing caused by asthma and other respiratory ills. It sends children and seniors to the hospital.”
“We are confident, however, that additional scientific analysis will support the need for a fully protective standard. We must let EPA follow the science and not let polluters convince Congress to weaken the safeguards we need. The EPA must set the bar where it belongs. We’ll all breathe easier once that’s done.”
The current ozone standards, adopted by the Bush administration in 2008, were significantly weaker than recommended by lung doctors and EPA’s science advisors. Earthjustice sued to challenge these standards on behalf of the American Lung Association, Environmental Defense Fund, Natural Resources Defense Council, National Parks Conservation Association, and Appalachian Mountain Club. The case was put on hold when the Obama EPA said it would reconsider the standards.
IATA Update – What’s New for 2011?
Each year, the International Air Transportation Association (IATA) updates and revises the regulations for the transportation of dangerous goods (hazardous materials) by air. If you offer dangerous goods for transportation by air, you must follow the new regulations by January 1. A large number of significant changes are being implemented in the 2011 IATA Dangerous Goods Regulations (DGR).
At this live webcast, you will learn:
- Changes in the regulations for consumer commodities– new marking and shipping paper entries
- New test authorized to determine classification and packing group of corrosives
- Changes in the classification criteria for magnetized materials
- Revisions to the classification of environmentally hazardous substances, marine pollutants, and aquatic pollutants
- Phase in of new packing instructions for Class 3 flammable liquids, Class 4 flammable solids, Class 5 oxidizers/organic peroxides, Class 8 corrosives, Class 9 miscellaneous, and Division 6
- New entries on the IATA List of Dangerous Goods and new special provisions
- New marking requirements for net quantities, limited quantities, environmentally hazardous substances, and orientation arrows
Cleveland RCRA and DOT Training
Advertising Opportunities Available
Environmental Resource Center is making a limited number of advertising positions available in the Environmental Tip of the Week™, the Safety Tip of the Week™, and the Reg of the Day™.
EPA Seeks New Timetable for Reducing Pollution from Boilers and Incinerators
The additional time is needed for the agency to re-propose the rules based on a full assessment of information received since the rules were proposed. The rules would cut emissions of harmful pollutants, including mercury and soot, which cause a range of health effects—from developmental disabilities in children to cancer, heart disease, and premature death.
“After receiving additional data through the extensive public comment period, EPA is requesting more time to develop these important rules,” said Gina McCarthy, assistant administrator for EPA’s Office of Air and Radiation. “We want to ensure these rules are practical to implement and protect all Americans from dangerous pollutants such as mercury and soot, which affect kids’ development, aggravate asthma and cause heart attacks.”
In order to meet a court order requiring the EPA to issue final rules in January 2011, the agency proposed standards in April 2010. While EPA requested and received some information from industry before the proposal, the comments EPA received following the proposal shed new light on a number of key areas, including the scope and coverage of the rules and the way to categorize the various boiler-types. Industry groups and others offered this information during the public comment period after EPA proposed the rule. After reviewing the data and the more than 4,800 public comments, the agency believes it is appropriate to issue a revised proposal that reflects the new data and allows for additional public comment. This approach is essential to meeting the agency’s legal obligations under the Clean Air Act (CAA) and, as a result, provides the surest path to protecting human health and the environment.
EPA has estimated that there are more than 200,000 boilers operating in industrial facilities, commercial buildings, hotels, and universities located in highly populated areas and communities across the country. EPA has estimated that for every $5 spent on reducing these pollutants, the public will see $12 in health and other benefits.
EPA is under a current court order to issue final rules on January 16, 2011 and is seeking in its motion to the court to extend the schedule to finalize the rules by April 2012.
State, Local Clean Air Agencies Critique Boiler Industry’s Excessive Claims of the Cost of EPA’s Proposed Air Pollution Rule for Industrial Boilers
The National Association of Clean Air Agencies (NACAA) issued a report that refutes the exaggerated cost estimates that the boiler industry has claimed would result from EPA’s proposed air pollution regulations for industrial boilers. According to NACAA, industry’s claims include inflated estimates of how much EPA’s June 2010 proposed hazardous air pollution regulation for boilers would cost and the threat it poses to American jobs. In addition, the industry estimates ignore the enormous public health benefits and creation of new jobs that controls on emissions from industrial boilers would provide.
In August 2010, the industrial boiler industry published a report that purported to calculate the cost of the rule, without giving due consideration to its benefits. Besides claiming that the rule would cost $113 billion economy-wide, the industry report stated that it would put over 300,000 jobs “at risk.”
NACAA’s detailed report entitled, EPA’s Proposed Regulations on Hazardous Air Pollutants from Boilers: A Critique of the Boiler Industry’s Excessive Cost Claims, sets the record straight by refuting the outsized estimates contained in the industry report. It describes some of the erroneous features of the industry analysis, including: (1) the number of sources that must install controls was grossly overestimated; (2) the “cost” of the rule did not incorporate positive economic benefits from new capital investment—including the creation of new jobs; (3) the positive impacts of increased life expectancy, reduced health care costs, and other health-related benefits were not factored in the report; (4) one-time project costs were overestimated; and, (5) assumptions about the negative impact of investments in pollution controls are unlikely in the current economy.
“We prepared this analysis because we are very concerned about the impact erroneous cost information can have on the rulemaking process,” stated Bill Becker, Executive Director of NACAA. “Not only did the industry estimates focus on overly large cost estimates, but they failed to account for significant public health benefits. In addition, the industry analysis did not include the creation of new jobs, up to 40,000 in the next few years, which should result from the requirements to add control equipment to boilers. It is imperative that EPA set strong and effective regulations that reduce emissions of dangerous hazardous air pollutants from industrial boilers,” continued Becker.
The industry report has been used to lobby extensively against the proposed boiler rule before Congress and EPA. The information in the industry report, if misused, could help convince Congress to rescind EPA’s authority to protect the public from boiler emissions, or could be used to pressure EPA to weaken the proposed regulation significantly. Among the weakening provisions that concern NACAA would be the incorporation of health risk-based exemptions that are not consistent with the CAA and the continued inclusion of work-practice standards instead of emission limits in the final rule.
NACAA is the national association of air pollution control agencies in 52 states and territories and more than 165 metropolitan areas across the country.
EPA Seeks Public Comment on Integrated Cleanup Initiative Implementation Plan
Sites covered under the cleanup programs include Superfund sites, Federal facilities, Brownfields, RCRA corrective actions, and underground storage tanks.
The goal of the initiative is to accelerate cleanups of contaminated sites where possible, address a greater number of contaminated sites, and put the sites back into productive use while protecting human health and the environment. The initiative also seeks to provide communities with greater accountability and transparency on EPA’s land cleanup programs. While many actions identified in the ICI are underway, EPA will use the comments received to further evaluate and refine the draft plan.
CEQ Final Guidance for Federal Departments and Agencies on Establishing, Applying, and Revising Categorical Exclusions Under NEPA
This guidance provides methods for substantiating categorical exclusions, clarifies the process for establishing categorical exclusions, outlines how agencies should engage the public when establishing and using categorical exclusions, describes how agencies can document the use of categorical exclusions, and recommends periodic agency review of existing categorical exclusions. The guidance became effective on December 6, 2010. For additional information, contact Horst Greczmiel, Associate Director for NEPA Oversight, 722 Jackson Place, NW, Washington, DC 20503, 202-395-5750.
Missouri 2011 Environmental Compliance Calendars are Now Available
The 2011 General Industry Compliance and 2011 Dry Cleaning Compliance calendars are now available from the Missouri Department of Natural Resources. These fact sheets, designed to look like wall calendars, are intended to be a guide to the most common reporting requirements faced by companies in Missouri.
The General Industry Compliance Calendar, PUB1311, provides a quick reference of permits held by a facility. The calendar can be tailored to a facility’s particular requirements. Each month of the calendar lists some of the more commonly required reports. The list does not include internal record keeping requirements that may be included in permit conditions for a specific process or facility. Each facility is responsible for reviewing and complying with its permit conditions and with all applicable regulations.
The calendar helps keep track of general facility information when dealing with hazardous waste, water issues, land reclamation, air emissions, and more.
The Dry Cleaning Compliance Calendar, PUB1310, may be used to keep records required by the Missouri Department of Natural Resources. The inspection checklist covers the requirements of the EPA’s National Emissions Standards for Air Pollutants, or NESHAP, for dry cleaners.
Both calendars are available on the department’s publications web page.
New York TIPP Program Goes Online
The New York State Department of Environmental Conservation (DEC) has initiated an online form for citizens to report environmental violations. The form prompts the complainant to describe what occurred, when it happened, and where the violation was witnessed. Complainants may remain anonymous or confidential. Detailed initial complaints assist DEC Environmental Conservation Officers (ECOs) in a timely and complete investigation of complaints and potential arrests against those who are violating environmental laws.
“This is an expansion of DEC’s successful ‘Turn in Poachers and Polluters’ (TIPP) Hotline,” said Peter Fanelli, DEC Director of Law Enforcement, referring to the long-established telephone tip system. “Citizens have always played a vital role in helping DEC enforce state environmental laws and regulations. This new web tool gives them one more option for alerting us to potential problems.”
Persons can still make a complaint by phone using the DEC hotline at 1-800-TIPP-DEC (1-800-847-7332). In fact, if an emergency situation exists and or an immediate response is needed, calling the hotline is the best option. Director Fanelli emphasized that a person should never put himself or herself at risk to obtain information. Instead, one should gather whatever details possible without trespassing or exposing themselves to harmful materials or situations.
Alabama Authorized to Implement the Lead Renovation Program
On November 16, 2010, the State of Alabama received authorization to administer and enforce EPA’s Lead Renovation, Repair, and Painting (RRP) Program. The authorization became effective upon EPA’s receipt of the State’s certified Renovation Authorization Application, which was submitted by Alabama Governor Bob Riley. Attorney General, Troy King has certified that the Alabama Program, which will be administered by the Alabama Department of Health and the University of Alabama Safe State, is at least as protective as EPA’s and provides adequate enforcement.
“EPA appreciates Alabama’s leadership in protecting kids from exposure to lead-based paint,” said Gwen Keyes Fleming, Regional Administrator for EPA Region 4. “Because lead exposure can cause permanent, serious, life-long problems, renovators and rental property owners play a big role part in shielding children from its impact in their homes.”
The RRP program mandates that contractors, property managers and others working for compensation, in homes and child-occupied facilities built before 1978, must be trained and use lead-safe work practices. They are also required to provide the lead pamphlet “Renovate Right; Important Lead Hazard Information for Families, Child Care Providers and Schools” to owners and occupants before starting renovation work.
Common renovation activities like sanding, cutting and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children. Lead-based paint was used in more than 38 million homes until it was banned for residential use in 1978. Lead exposure can cause reduced IQ, learning disabilities, development delays, and behavioral problems in young children.
EPA, Other Federal Agencies to Hold Bed Bug Summit in February
The summit is open to the public and will focus on ways the federal government and others can continue to work together on management and control of these pests.
The first federal bed bug summit was held by the EPA in April 2009. Since then, EPA has helped organize the Federal Bed Bug Workgroup, which consists of EPA, the Department of Housing and Urban Development, Department of Agriculture, Department of Defense, Department of Commerce, and National Institutes of Health.
The summit’s agenda will feature discussions on progress since the last summit from various perspectives, including federal, state, and local governments; research; housing industry; and pest management industry. The agenda also includes identifying knowledge gaps and barriers to effective community-wide bed bug control, proposals for next steps in addressing knowledge gaps and eliminating barriers, and developing a framework for addressing the highest priority needs.
There are steps you can take to prevent bed bugs:
- Remove clutter where bed bugs can hide
- Seal cracks and crevices
- Vacuum rugs and upholstered furniture thoroughly and frequently, as well as vacuuming under beds (take the vacuum bag outside immediately and dispose in a sealed trash bag)
- Wash and dry clothing and bed sheets at high temperatures (heat can kill bed bugs)
- Be alert and monitor for bed bugs so they can be treated before a major infestation occurs
- Before using any pesticide product, read the label first, then follow the directions
- Check the product label to make sure it is identified for use on bed bugs. If bed bugs are not listed on the label, the pesticide has not been tested for bed bugs and it may not be effective
Before the summit, the federal workgroup will meet with researchers to evaluate and develop a research agenda related to bed bugs. The summit will be held at the Georgetown University Hotel and Conference Center at 3800 Reservoir Road, N.W., Washington, D.C. The agenda and information on attending the meeting via webinar will be available on EPA’s website.
EPA Announces 2010 Enforcement and Compliance Results
In fiscal year (FY) 2010, EPA took enforcement and compliance actions that require polluters to pay more than $110 million in civil penalties and commit to spend an estimated $12 billion on pollution controls, cleanup, and environmental projects that benefit communities. When completed, these actions will reduce pollution by more than 1.4 billion pounds and protect businesses that comply with regulations by holding non-compliant businesses accountable when environmental laws are violated.
“At EPA, we are dedicated to aggressively go after pollution problems that make a difference in our communities through vigorous civil and criminal enforcement,” stated Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Our commitment to environmental enforcement is grounded in the knowledge that people not only desire, but expect, the protection of the water they drink, the air they breathe and the communities they call home.”
EPA’s civil enforcement actions for violations of the CAA alone will account for the reduction of an estimated 400 million pounds of air pollution per year. Those reductions will represent between $6.2 billion and $15 billion annually in avoided health costs. As a result of water cases concluded in FY 2010, EPA is ensuring that an estimated 1 billion pounds of water pollution per year will be reduced, eliminated, or properly managed, and investments in pollution control and environmental improvement projects from parties worth approximately $8 billion will be made. EPA’s civil enforcement actions also led to commitments to treat, minimize, or properly dispose of more than an estimated 11.8 billion pounds of hazardous waste.
EPA’s criminal enforcement program opened 346 new environmental crime cases in FY 2010. These cases led to 289 defendants charged for allegedly committing environmental crimes, the largest number in five years, 198 criminals convicted and $41 million assessed in fines and restitution.
This year’s annual results include an enhanced mapping tool that allows the public to view detailed information about the enforcement actions taken at more than 4,500 facilities that concluded in FY 2010 on an interactive map of the United States and its territories. The map shows facilities and sites where civil and criminal enforcement actions were taken for alleged violations of U.S. environmental laws regulating air, water, and land pollution. The mapping tool also displays community-based activities like the locations of the environmental justice grants awarded in FY 2010 and the Environmental Justice Showcase Communities.
The release of the EPA’s enforcement and compliance results and the accompanying mapping tool are part of EPA’s commitment to transparency. They are intended to improve public access to data and provide the public with tools to demonstrate EPA’s efforts to protect human health and the environment in communities across the nation.
Pacific Functional Fluids Fined over $21,000 for Failing to Report Chemicals on Tier II Form
Pacific Functional Fluids LLC., in Tacoma, Washington, will pay over $21,000 to settle hazardous chemical reporting violations. The company prepares, stores, and distributes petroleum and other products at its facility located at 2244 Port of Tacoma Road.
“Local emergency planners and responders need this information to do their jobs. It’s critical for them in order to protect the community and themselves when a dangerous chemical release occurs,” said Wally Moon, Prevention and Preparedness Team Leader from the EPA Emergency Response Unit.
These chemicals can pose a serious health hazard when released, most notably respiratory risks.
According to documents, the company failed to file inventory forms, as required by law, with state and local emergency response entities.
In addition to the penalty, the company agreed to purchase and install a new containment system worth more than $31,000 for its railcar slots. It is designed to capture and channel spills, including catastrophic releases, guiding them to a receiving tank. The system will prevent chemicals from entering the environment and provide a higher level of safety for emergency responders in the event of a release.
Glaciers in South America and Alaska Melting Faster than Those in Europe
Glaciers in Patagonia, which cover parts of Argentina and Chile, followed by those in Alaska and its coastal mountain ranges have been losing overall mass faster and for a greater length of time than glaciers in other parts of the world.
The third fastest rate of loss is among glaciers in the northwest United States and southwest Canada followed by ones in the high mountains of Asia, including the Hindu Kush of the Himalayas, the Arctic and the Andes.
Overall, Europe’s glaciers have been putting on mass since the mid-1970s but this trend was reversed around the year 2000.
While the overall trend is down, higher levels of precipitation in some places has increased the mass and in some cases the size of glaciers, including in western Norway, New Zealand’s South Island, and parts of the Tierra del Fuego in South America.
Some mountain ranges are experiencing apparently contradictory effects. In smaller areas of the Karakoram range in Asia, for example, advancing glaciers have even over-ridden areas that have been ice-free for some 50 years.
Meanwhile, in the Tianshan and Himalayan mountain ranges, glaciers are in fact receding, some rapidly.
“Accumulation of science shows us a clear general trend of melting glaciers linked to a warming climate and perhaps other impacts, such as the deposit of soot, reducing the reflection of heat back into space,” says UN Under-Secretary-General and UNEP Executive Director Achim Steiner. “This report underlines a global trend, observed over many decades now in some parts of the globe, which has short and long-term implications for considerable numbers of people in terms of water supplies and vulnerability.”
“Without doubt the main driving force behind the rapid melting of Himalayan glaciers and formation of the catastrophic Glacial Lake Outburst Floods (GLOFs) is warming due to climate change. The risk to lives and livelihoods in the fragile Hindu Kush Himalayan region is high and getting higher. Immediate action by the global community on launching long-term adaptation and resilience-building programmes is urgently needed,” said Madhav Karki, Deputy Director General, International Centre for Integrated Mountain Development (ICIMOD).
“These alarming findings on melting glaciers underline the importance of combating climate change globally. It sends a strong message to us as politicians and climate negotiators in Cancun,” said Norway’s Minister of the Environment and International Development, Erik Solheim.
Mr. Solheim announced that Norway will fully fund, with more than US$12 million, the five- year Hindu-Kush-Himalayas Climate Impact Aadaptation and Assessment (HICIA) Programme from 2011. The initiative will be carried out by the Centre for International Climate and Environmental Research, ICIMOD and UNEP-Grid Arendal.
“People in the Himalayas must prepare for a tough and unpredictable future. They need our committed support. Therefore, Norway will fully fund the brand new five-year programme. We see this programme as a potent mix of solid climate science, promising intra-regional cooperation and concrete adaptation projects on the ground. We support the programme with great enthusiasm and look forward to continued close cooperation with the programme partners,” said Mr. Solheim.
“ICIMOD is indeed very pleased to acknowledge the generous announcement by the Royal Norwegian Government in taking a major and timely action by announcing a fresh and substantial support in launching the HICIA programme,” said Dr. Karki.
Key Findings from the New UNEP Report
Melting glaciers could, in some places and perhaps in a matter of a few decades, cause a reduction in water availability in dry areas, such as in Central Asia and parts of the Andes, says the report “High Mountain Glaciers and Climate Change—Challenges to Human Livelihoods and Adaptation.”
In dry regions of Central Asia, Chile, Argentina, and Peru where there is little rainfall and precipitation, receding glaciers will have much more impact on the seasonal water availability than in Europe or in parts of Asia, where monsoon rains play a much more prominent role in the water cycle.
The report says that many glaciers may take centuries to fully disappear but underlines that many low-lying, smaller glaciers, which are often crucial water sources in drylands are melting much faster.
“When glaciers disappear, people, livestock, birds and animals will be forced to move,” says Christian Nellemann of the UNEP/GRID-Arendal research centre in Norway. “But ironically, a lot of people die in deserts also from drowning, when increasingly unpredictable rains cause flash floods.”
- Most glaciers have been shrinking since the end of the Little Ice Age around 150 years ago. However, since the beginning of the 1980s the rate of ice loss has increased substantially in many regions, concurrent with an increase in global mean air temperatures.
- In some regions, it is very likely that glaciers will largely disappear by the end of this century, whereas in other regions, glacier cover will persist but in a reduced form for many centuries to come.
As glaciers melt, lakes held back by walls of mud, soil, and stones can form, holding back sometimes millions of tons of water which can put villagers and infrastructure, such as power plant, at risk.
In the last 40 years, Glacial Lake Outburst Floods—also known as GLOFs—have been increasing, not only in China, Nepal, and Bhutan, but also more recently in Patagonia and the Andes.
- Five major GLOFs took place in April, October, and December 2008 and again in March and September 2009 in the Northern Patagonia Icefield in Chile. On each occasion, the Cachet 2 Lake, dammed by the Colonia Glacier, released around 200 million tons of water into the Colonia River. The lake has since rapidly refilled, suggesting high risk of further GLOFs.
- There has been a near doubling in the frequency of GLOFs in the Yarkant region of Karakoram, China, from 0.4 times annually between1959 and 1986 to 0.7 times annually from 1997-2006. This has been attributed to a warming climate.
- In Bhutan on October 7, 1994, the glacial lake Luggye Tsho in the Lunana region, burst. The ensuing GLOF, which contained an estimated 18 million cubic meters of water, debris, and trees, swept downstream killing over 20 people, and travelled over 204 kilometers.
Adaptation
Boosting adaptation, including reducing the risk to people, livestock, and infrastructure will be increasingly important in a climate-constrained world.
In respect to melting glaciers and the formation of glacial lakes, siphoning off the water from such lakes is one adaptive action. This has been successfully carried out at lakes in the Cordillera Blanca, Peru.
Similar projects have been carried out in the Tsho and Thorthormi Glaciers in Nepal and Bhutan but the cost and technical challenges in remote locations can be high.
- The Peruvian authorities have had substantial experience in the remediation of glacial lakes, having undertaken the first works in response to the catastrophic inundation of Huaraz in 1941, which resulted in over 5,000 fatalities.
- Over 5,000 people are killed in Asia every year by flash floods and hundreds of thousands of people have been impacted in the mountain regions.
The challenge of GLOFs comes against the background of increasing concern over the impacts of extreme weather events such as flash floods on lives and livelihoods. Annually an estimated 100 to 250 million people are affected by flooding every year.
The report also calls for greater investment in glacial research and monitoring. Studying and modeling the runoff from glaciers and rivers and analyzing future variability linked with climate change is complex but necessary.
Hercules Cement Fined $218,750 for Air Quality Violations
After requiring Hercules Cement Co., to take a number of measures to reduce smog and particulates that can diminish air quality, the Pennsylvania Department of Environmental Protection (DEP) announced that the company has paid $218,750 for violations that occurred between 2006 and 2008 at its Stockertown Borough, Northampton County facility.
“The emissions violations Hercules committed increased overall air pollution in the Lehigh Valley and that can have a detrimental impact on the health of residents throughout the region,” said DEP Northeast Regional Director Michael Bedrin. “Hercules and other companies must abide by the emission levels set forth in their permits so that we can maintain—if not improve—air quality in the region.”
Bedrin said the penalty covers multiple emissions violations, and the company’s failure to monitor and maintain air quality data during that timeframe.
The civil penalty reflects $28,910 for emission violations, including sulfur dioxide, nitrogen oxide, and opacity measurements (determined by how the concentration of emitted particulates restricts light) from equipment at the company; $76,680 for data availability problems; and $113,160 for late data reporting during that period.
The company is required to monitor for sulfur oxides and nitrogen oxides from its cement kilns. Equipment problems with these continuous emission monitors (CEMs) in mid-2006 led Hercules to install temporary equipment until October 2006 when the original monitors were repaired.
In July 2007, the system malfunctioned again, requiring the temporary monitors to be re-installed. The repaired system was installed in November 2007. The company subsequently replaced it with a new monitoring system in April 2008.
DEP has worked diligently to inspect and enforce air quality throughout northeast Pennsylvania and the Lehigh Valley. The department’s regional air quality program conducted more than 7,800 inspections since 2003 and collected $2.6 million in civil penalties that help to support additional enforcement efforts.
FPS Health Corp. Fined $6,325 for Violations of Water Pollution Control Requirements
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $6,325 penalty to FPS Health Corporation to resolve violations of the Surface Water Discharge Permit regulations occurring at its facility, the Continuing Care Center at Hopedale, located at 325 Main Street in Hopedale, Massachusetts.
MassDEP inspected the facility in response to a complaint, and determined that the subsurface wastewater disposal system was in failure. Inspectors observed sewage breaking out onto the ground surface and flowing into the nearby Mill River.
As part of the settlement with MassDEP, FPS Health agreed to an enforceable schedule to construct a replacement disposal system at the site in compliance with the Title 5 regulations. The corporation also agreed to operate the existing septic tank as a holding tank in the interim until the replacement system is in place and functioning, and then to properly abandon the existing system.
“It is important that all subsurface disposal systems are properly maintained in order to protect the public health, safety, and the environment,” said Paul Anderson, deputy director of MassDEP’s Central Regional Office in Worcester.
Missouri Air Conservation Commission Refers Three Cases to Attorney General for Enforcement Action
The Missouri Department of Natural Resources and the Missouri Air Conservation Commission have referred three cases to the Missouri Attorney General’s Office to pursue legal action for violations of Missouri’s Air Conservation Law.
The commission, at its December 2 meeting in Jefferson City, voted to refer the cases to the attorney general’s office to compel compliance and to seek appropriate civil penalties for the violations.
The following entities refused to take appropriate responsibility for their violations and would not negotiate reasonable settlements with the department. The department had no recourse except to ask the attorney general to take legal action against the violators:
- Blue Ribbon Cleaners, O’Fallon — Failed to conduct and document inspections, and maintain reporting and recordkeeping requirements. Dry cleaners that use perchloroethylene have the potential to emit hazardous air pollutants. They are required to conduct periodic inspections to, among other things, see if there are any leaks in the dry cleaning system.
- Evans Oil & Gas Inc, Lawson — Failed to perform required pressure tests of their gasoline storage systems. Liquids or vapor may be able to escape from a system which will not hold pressure.
- Universal Inspection Service, St. Louis — Richard Volz, of Universal Inspection Service, is not a certified Missouri asbestos building inspector. In violation of the Missouri Air Conservation Law, he conducted an asbestos inspection at a site in Wellston. Because of the microscopic nature of asbestos fibers, they can easily be inhaled into the body where they can accumulate, eventually leading to disease. Certified asbestos inspectors are trained and are able to identify potential asbestos-containing materials that may be disturbed by demolition or renovation activity.
In each of these cases, the department contacted the business owners multiple times, but has not received an adequate response.
The department’s enforcement actions help protect human health and the environment by requiring facilities to achieve and maintain compliance. The main goal in any enforcement action is to work with a facility to successfully achieve compliance with regulatory standards and then ensure it has the tools to remain in compliance. As part of that process, penalties may be assessed to ensure future compliance by removing the economic benefit of continued noncompliance.
The department strives to work with owners and operators to fix problems before an issue is referred. In situations where the responsible party is unwilling or unable to cooperate to bring the facility into compliance and be protective of human health and the environment, the department will refer the case.
EPA and Kentucky Reach Agreement with Logan Aluminum Inc. to Resolve Allegations of CAA Violations
The Department of Justice on behalf of the EPA, along with the Commonwealth of Kentucky, have filed a complaint and entered into a consent decree with Logan Aluminum Inc., to settle alleged violations of the Clean Air Act’s National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production occurring at Logan Aluminum’s Russellville, Kentucky, secondary aluminum facility.
The proposed consent decree resolves claims of the United States and the commonwealth under the CAA and related provisions of the laws of the commonwealth. Under the terms of the decree, Logan Aluminum will pay a civil penalty of $285,000 and install a pollution control device called a baghouse for one of its furnace’s capture/collection systems. The civil penalty is the second highest to be negotiated in dealing with a single facility for violations of the CAA’s secondary aluminum production regulations.
Logan Aluminum manufactures aluminum coils which are used in the beverage industry. Part of the production process for these coils causes emissions of potential pollutants such as dioxins and furans, hydrogen chloride, and particulate matter.
Wastewater Treatment Operator and Manager Charged with Conspiracy and Violating the Clean Water Act
The Justice Department has announced that United Water Services Inc., the former contract operator of the Gary Sanitary District wastewater treatment works in Gary, Indiana, and two of its employees, have been charged with conspiracy and felony violations of the Clean Water Act (CWA) in a 26-count indictment returned by a federal grand jury.
United Water Services Inc., and employees Dwain L. Bowie and Gregory A. Ciaccio, have been charged with manipulating daily wastewater sampling methods by turning up disinfectant treatment levels shortly before sampling, then turning them down shortly after sampling.
United Water Services entered into a 10-year contract to operate the Gary Sanitary District wastewater treatment works in 1998, in exchange for $9 million annually. United Water’s contract was renewed in May 2008. As contract operator, United Water handled the operation and maintenance of the treatment works, and was responsible for environmental compliance. To ensure compliance with the discharge permit, United Water was required to take periodic representative wastewater samples, including a daily sample to determine the concentration of E. coli bacteria in the wastewater.
According to the indictment, the defendants conspired to tamper with E. coli monitoring methods by turning up levels of disinfectant dosing prior to E. coli sampling. The indictment states that the defendants would avoid taking E. coli samples until disinfectants had reached elevated levels, which in turn were expected to lead to reduced E. coli levels. Immediately after sampling, the indictment alleges, the defendants turned down disinfectant levels, thus reducing the amount of treatment chemicals they used.
Dwain Bowie was United Water’s Project Manager for the Gary facility beginning in 2002, and was in charge of the Gary operation. Gregory Ciaccio joined Bowie’s staff in July 2003, and eventually was made the Plant Superintendent, in charge of day-to-day operations.
The CWA makes it a felony to tamper with required monitoring methods at a permitted facility like the Gary Sanitary District. If convicted, Bowie and Ciaccio face up to five years in prison on the conspiracy count and two years on each of the CWA counts, as well as a criminal fine of up to $250,000 for each count. The company may also face fines and/or probation.
Printing Company Will Pay $385,000 for Clean Air Violations and to Help Clean Wood Stoves in Western Massachusetts
A printing company in Pittsfield, Massachusetts, has agreed to pay a penalty of $80,000 and spend $305,000 to replace old, polluting wood stoves in western Massachusetts with new, cleaner models to settle claims by the EPA that it violated the federal CAA.
Interprint, Inc., which is owned by a German company, has agreed to help homeowners replace their wood stoves with EPA-certified wood stoves or other cleaner, more efficient home heating equipment such as gas or propane heaters. Interprint will provide a voucher—typically for $1,000 per household—as an incentive to replace pre-1988 woodstoves. Pre-1988 woodstoves are a significant source of indoor and outdoor air pollution. A new wood stove installation costs about $3,000.
“The Pittsfield area will benefit from this wood stove change-out project,” said Curt Spalding, regional administrator of EPA’s New England regional office. “Homeowners will get help with buying new wood stoves, which will burn cleaner and more efficiently. This project will create green jobs, reduce fuel consumption, and improve air quality in communities by reducing the harmful pollutants that come from wood smoke.”
Interprint designs and prints decor paper used as the design layer in laminate surfaces such as counter tops, flooring, furniture, and store fixtures. In the printing process, Interprint uses large amounts of inks that contain volatile organic compounds and hazardous air pollutants.
Interprint built a new printing facility in Pittsfield in 2004 without applying for a permit required under the CAA’s new source review provisions. In addition, Interprint began operating the new facility in 2005 without complying with new source review requirements for VOC emissions, Title V operating permit requirements, and the National Emission Standards for Hazardous Air Pollutants for Printing and Publishing Facilities.
The consent decree, lodged in federal court and requiring approval by the court, requires the company to come into compliance with the CAA by getting the proper permits and significantly reducing its VOC and hazardous air pollutant emissions. Interprint has reformulated its inks to reduce VOC and hazardous air pollutant content, and has demonstrated that its new inks provide emissions reductions equivalent to those achieved through stringent add-on controls. As a result, Interprint’s new formulations represent the lowest achievable emission rate.
Interprint began operating in Pittsfield in 1988 at 125 Pecks Road. In May 2004, the company began construction of its new facility at 101 Central Berkshire Boulevard. The Pittsfield location is Interprint’s only U.S. facility.
The EPA action grew out of a joint EPA and MassDEP inspection of the facility in July 2007.
Delaware Company Will Pay $40,000 Fine for SPCC Violations
In a settlement with the EPA, Service Energy LLC, headquartered in Dover, Delaware, has agreed to pay a $40,000 penalty for alleged violations of oil spill prevention regulations at two oil storage facilities located at 33852 Clay Road in Lewes, and 20141 Cedar Beach Road in Sussex.
Under the CWA, all owners of oil storage facilities must develop and implement a spill prevention, control, and countermeasure () plan to minimize the risk of release of oil and hazardous substances to the environment.
In 2008, EPA inspectors found that the company’s oil storage and distribution facilities in Lewes and Sussex did not have adequate secondary containment around their bulk storage tanks, or around their loading/unloading racks, which are violations of the CWA.
Service Energy corrected these violations by completing construction of adequate secondary containment around these structures in the fall of 2009.
The settlement penalty takes into account the company’s ability to pay and cooperation with EPA in resolving the alleged violations and complying with applicable SPCC regulations.
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Trivia Question of the Week
In buildings built before 1979, PCBs have been found in:
a. Water heaters and dish washers
b. Flooring and roof tiles
c. Insulation
d. Caulk