EPA Eliminates Hazardous Waste Exclusion

EPA is removing provisions at 40 CFR 261.4(a)(16) and 40 CFR 261.38 related to comparable fuels, and revising 40 CFR 261.4(a)(12)(i) by removing gasification from the list of specific petroleum refining processes into which oil-bearing hazardous secondary materials may be inserted.

The effect of the removal of 40 CFR 261.4(a)(16) and 261.38 will be to make comparable fuels that were previously excluded from the RCRA definition of solid waste subject to regulation under RCRA subtitle C. The removal of gasification from 40 CFR 261.4(a)(12)(i) will prevent hazardous secondary materials generated at petroleum refineries from being inserted into gasifiers at refineries without being deemed hazardous wastes and, therefore, being subject to hazardous waste regulations under RCRA subtitle C. As a result of these previously excluded materials now being identified as hazardous waste under 40 CFR 261.3, facilities burning these materials will be subject to regulation as Hazardous Waste Combustors under 40 CFR 63 subpart EEE, as well as applicable regulations under RCRA subtitle C. 

Learn DOT’s New Rules for Lithium Battery Shipments

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

 

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

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

 

Virginia Beach RCRA and DOT Training

 

Atlanta DOT/RCRA, Advanced RCRA, and Storm Water Training

 

Tampa DOT/IATA Training

 

Do You Know the Compliance Status of Your Drinking Water?

 The dashboard contains interactive charts and graphs that provide information regarding the compliance of public water systems with federal drinking water regulations, as well as enforcement actions.

“It’s critical that the public knows whether public water systems are complying with laws that protect against harmful pollution in drinking water,” said Cynthia Giles, assistant administrator for enforcement and compliance assurance at EPA. “This dashboard is a vital resource for Americans that want to play an active role to ensure clean drinking water in their communities. The dashboard supports EPA’s commitment to build transparency and engage the public in environmental protection.”

The SDWA dashboard is connected to EPA’s Enforcement and Compliance History Online (ECHO) website, which allows users to assess the compliance status of regulated facilities in their communities. Key features of the SDWA dashboard include:

• It presents annual statistics and five-year trends for public water systems across the US, individual states, Indian country and territories, in easy-to-read pie graph and bar chart formats
• Users can view various sets of data—including violation history, site visits and enforcement actions—sorted onto one screen
• By clicking on a chart, the user can view more detail about the data represented, and can connect to detailed facility reports for individual non-complying systems
• All data can be exported, downloaded, and printed

 

Under SDWA, EPA sets standards for drinking water quality and oversees the implementation of those standards by the state, tribal, and territorial agencies, and may bring enforcement actions against any public water systems that violate the standards.

EPA Proposes Reporting and Recordkeeping for Nano Materials

Specifically, EPA is proposing to require persons that manufacture (defined by statute to include import) or process, or intend to manufacture or process these chemical substances to electronically report to EPA certain information, which includes the specific chemical identity, production volume, methods of manufacture and processing, exposure and release information, and existing data concerning environmental and health effects. This proposal involves one-time reporting for existing nanoscale materials and one-time reporting for new discrete nanoscale materials before they are manufactured or processed. This information would facilitate EPA’s evaluation of the materials and a determination of whether further action, including additional information collection, is needed.

EPA Takes Action to Protect the Public from an Unregistered Pesticide

The EPA has issued an order to EcoActive Surfaces, Inc., in Pompano Beach, Florida; WellShield, LLC, in Boca Raton, Florida; and, BioRelief, Inc., in Fort Lauderdale, Florida, to stop the sale, use, or removal of “OxiTitan.” The order includes other trade names such as “Bio Defender OxiTitan Anti-Microbial Treatment,” and any related products containing the same formulation. OxiTitan is being marketed by these companies for use in sites that include hospitals and schools.

The companies claim in advertisements and labeling that OxiTitan uses zinc nanoparticle as an active ingredient, to reduce and/or kill bacteria, viruses, and fungi. The companies also make unsubstantiated efficacy claims that “OxiTitan” can last for 24 hours, 7 days a week, and as long as a year against harmful microorganisms and viruses when applied. Such public health claims can only be made on products that have been properly tested and are registered with the EPA.

 The Agency will not register a pesticide until it has been determined that it will not pose an unreasonable risk when used according to the label directions.

The EPA is committed to ensuring that products making public health claims in the marketplace meet stringent effectiveness and safety standards, since the public cannot readily determine with the naked eye the effectiveness and safety of antimicrobial pesticides. Due to potential human health implications if the pesticides are not effective or meet our safety standards, the EPA continues to place a priority on actions regarding non-complying pesticides.

Nation’s First Federal Combined Solar Power Purchase Launched

The EPA, US Forest Service, Department of Energy, and General Services Administration announced the first ever federal partnership to purchase solar power. This action follows President Obama’s order last month requiring federal agencies to cut their greenhouse gas (GHG) emissions by 40% and increase their renewable energy use to at least 30% over the next 10 years.

The federal government is the single largest energy consumer in the nation. Government-wide, the electricity bill is $5 billion a year, paying for 57 billion kilowatt-hours of electricity in nearly 500,000 buildings. 

The Federal Aggregated Solar Procurement Project (or FASPP) is a contract solicitation designed to take advantage of economies of scale in solar installation. Due to contracting challenges and high costs, agencies have made limited progress installing solar systems. Agencies in the FASPP will use the same contract solicitation and contractor for greater efficiency and cost effectiveness, and third-party financing to cover upfront costs. The project includes nine federal sites in San Jose, Menlo Park, Sacramento, San Francisco, San Bruno, Santa Rosa, Carson City, and Reno, and the Forest Service regional office at Mare Island. Initially, the project will produce up to 5 megawatts of solar power across multiple federal sites in California and Nevada.

“This model can help us achieve the President’s Executive Order calling for federal agencies to work together on procurements to increase clean energy use,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “By combining our efforts with our federal partners at the Forest Service, Department of Energy, and GSA, we are proving that solar power and other clean energy will save money, protect our air and water, and help us fight climate change.”

“It is an honor to be involved in this cutting-edge, collaborative project that directly supports the federal sustainability goals of the next decade,” said Randy Moore, Regional Forester for the Pacific Southwest Region of the US Forest Service. “The solar arrays planned for our Regional Office will offset approximately 90 percent of projected electrical use and demonstrate our commitment to increasing use of renewable energy and striving for more net-zero energy facilities.”

“Procurements like the Federal Aggregated Solar Procurement Pilot will help agencies achieve expanded renewable energy goals,” said Tim Unruh, Director of DOE’s Federal Energy Management Program. The Energy Department is committed to developing and delivering new technologies and practices that can accelerate existing solutions to scale, addressing our nation’s long-term energy goals.”

“Issuing this solicitation is the latest in GSA’s ongoing efforts to green the federal government and to provide additional savings to GSA customers and ultimately to the American taxpayer,” said Samuel J. Morris III, GSA’s Acting Pacific Rim Regional Administrator. “By combining the procurement for these nine sites, we anticipate realizing lower utility rates. This innovative strategy, if successful, will serve as a model that can be replicated across the country.”

Inspired by the success of Silicon Valley’s local government aggregated procurement, EPA’s Pacific Southwest Region convened a strong team of federal entities interested in procuring renewable energy produced at their facilities. GSA agreed to provide contracting and project management support. DOE’s Federal Energy Management Program, Lawrence Berkeley National Laboratory, and the National Renewable Energy Laboratory provided technical expertise and support. The Forest Service and GSA plan to host the solar systems and buy the renewable energy.

 

ECS Refining to Pay Almost $220,000 for Hazardous Waste Violations

 

DTSC’s enforcement and emergency response staff discovered the violations during inspections and referred the case to the Attorney General’s Office in March 2014.

 

ECS also committed several electronic-waste violations, including: containers used to hold electronic devices were not structurally sound; not dismantling devices over adequate containment; personnel training deficiencies; and failure to comply with federal notification requirements for cathode ray tube (CRT) glass exports to Canada.

 

Missouri Department of Transportation Fined $750,000 for Stormwater Violations

 The sites are Highway 54 in Osage Beach, and on Highway 67 between Coldwater and Silva.

The inspections arose from complaints received from Osage Beach residents with concerns that construction at the site resulted in the deposit of mud and sediment on nearby properties, and that water turbidity and associated sedimentation could harm aquatic life.

 

“The terms of this agreement ensure that the Missouri Department of Transportation will complete their work projects with appropriate plans, procedures and personnel to protect the environment.”

As a part of this settlement, MoDOT has agreed to complete significant injunctive relief. The consent decree requires MoDOT to establish a stormwater compliance management structure to increase oversight in erosion control, including: a stormwater compliance manager to oversee stormwater compliance statewide, a stormwater compliance manager for each construction project, environmental construction inspectors for each project, and implementation of an electronic stormwater compliance database to track the correction of stormwater deficiencies identified during self-inspections.

The consent decree also requires a stormwater training program for employees, and third-party oversight inspections, which require a consultant or MoDOT inspector not affiliated with the project to conduct additional inspections at environmentally sensitive areas in Missouri. The consent decree defines environmentally sensitive areas as areas that provide critical habitat for threatened or endangered species, or those where the downstream water body is impaired by sediment.

The consent decree is subject to a 30-day public comment period and approval by the federal court. 

Ohio Files Lawsuit Against US Army Corps of Engineers over Cleveland Harbor Dredging

Ohio Attorney General Mike DeWine, Ohio Environmental Protection Agency Director Craig W. Butler and Ohio Department of Natural Resources Director James Zehringer recently announced that the state has filed a lawsuit against the US Army Corps of Engineers for its plan to place dredge material from Cleveland Harbor, which includes six miles of the Cuyahoga River, in Lake Erie or not dredge the entire navigation channel unless a non-federal partner pays to place it in confined disposal facilities.

Dredging ensures that the water is deep enough for commercial cargo ships to safely navigate. Since the early 1970s, the Army Corps has dredged the Cuyahoga River navigational channel and deposited the dredge material in one of the on-land areas designated for toxic dredge material disposal.

This year, as they did a year ago, the Corps proposed openly dumping the heavily contaminated dredged material into Lake Erie, which is the cheapest option for the federal government. Increased toxic PCB levels in Lake Erie fish have already led to consumption advisories and any additional accumulation could lead to a significant crisis for Lake Erie anglers.

Currently the Corps says it will not dredge the last mile of a six-mile stretch of the Cleveland Harbor channel that contains heavily contaminated sediment unless a non-federal partner agrees to pay the more than $1 million cost of confined disposal, even though Congress has appropriated funds to the Corps to fully cover those costs.

“The Corps’ decision attempts to force the state to use its resources to pay for costs the federal government should cover, to accept the severe economic distress to Cleveland and all of Ohio if the Corps refuses to dredge this area, or allow the Corps to endanger Lake Erie further by dumping these toxins,” Attorney General DeWine said. “We filed this lawsuit because this decision by the Corps is wrong for the health of Lake Erie, wrong for the economy of Cleveland, and wrong for the taxpayers of Ohio.”

“Based on the data our scientists have reviewed, we expect the Army Corps to dredge the entire navigation channel to keep the first six miles of the Cuyahoga River open for shipping traffic as required by Congress,” said Ohio EPA Director Craig W. Butler. “Further, as long as sediments pose a risk to Lake Erie, we will fight to protect the lake and Ohioans that rely on the lake by demanding that all sediment be disposed of in the Cleveland confined disposal facilities at full federal expense as supported by the Army Corps Federal Standard.”

“A healthy Lake Erie is vital to our state’s travel and tourism industry, as it supports a world-class fishery and provides boundless economic opportunities for so many small businesses,” said ODNR Director James Zehringer. “We’re obligated to take the necessary steps to protect our state’s greatest natural resource and enhance recreational opportunities. Keeping the sediment out of our lake helps maintain this economically critical waterway and the health of Lake Erie’s fish population for our charter boat captains and all of Ohio’s anglers.”

The state’s lawsuit, filed in the US District Court for the Northern District of Ohio, Eastern Division, seeks declaratory and injunctive relief. It alleges that the Corps has committed several violations regarding its 2015 dredging proposal, including:

• Violating the Clean Water Act
• Failing to prepare an environmental impact statement pursuant to the National Environmental Policy Act
• Violating the Coastal Zone Management Act
• Violating the Corps’ own rule called The Federal Standard
• Violating the Corps’ statutory requirement to maintain the navigability of Great Lakes harbors
• Unlawfully delegating its authority to maintain navigable waters to a non-federal partner

In the lawsuit, the state asks the court to order the Corps to dredge the full Cleveland Harbor federal channel without disposing of any dredge material into the open waters of Lake Erie for its 2015 dredging project and to prohibit the Corps from requiring a non-federal sponsor to pay for disposal into a confined disposal facility.

It also asks the court to prevent the Corps from openly dumping dredge material in future such projects, until the Corps issues an environmental impact statement and receives proper authorization from the Ohio Environmental Protection Agency and Ohio Department of Natural Resources.

Ohio EPA issued a water quality certification on March 31, 2015, which allows the Army Corps to dredge up to 225,000 cubic yards of material from six miles of the Cuyahoga River and deposit it in the designated confined disposal facilities.

The water quality certification complies with Governor Kasich’s Executive Order, signed on February 11, 2015, which requires Ohio EPA to prohibit the open lake disposal of dredge material in Lake Erie if the material could result in higher levels of a chemical in fish that bioaccumulates throughout the food chain, such as PCBs, or the disposal of dredge material would violate any international treaties or compacts. These requirements are part of the state’s Coastal Management Program, which is enforced through the federal Coastal Zone Management Act.

The US Army Corps of Engineers is a federal agency that is responsible for protecting the nation’s rivers and harbors. Among its responsibilities is dredging all federal navigational waters, including the Cleveland Harbor and Lower Cuyahoga River.

The Ohio Attorney General’s Office represents state agencies, including the Ohio Environmental Protection Agency and Ohio Department of Natural Resources.

Mercury Incident Requires EPA Emergency Cleanup

The EPA has completed an emergency cleanup of elemental mercury at a residential home in the South 15th Ave. and Nob Hill neighborhood of Yakima, Washington. EPA worked closely with Yakima Health District and the Washington State Department of Ecology to complete the cleanup and ensure that public health and the environment were not harmed.

. Monitoring showed mercury measurements up to 50 times higher than safe occupancy levels.

The citizen had observed children at the home playing with mercury. A tenant of the home confirmed that the children had found mercury in a small vial and had been playing with it for two months. In addition, the tenant had used a broom to sweep up mercury in the driveway. This is the third such mercury exposure reported in the Yakima area in recent years.

“The citizen who reported this mercury and stopped the children’s exposure is a hero,” said Dr. Chris Spitters at the Yakima Health District. “Mercury poisoning can have serious and permanent effects on the brain, especially in children. We worked with the affected families and with their health care providers to ensure that all the exposed children and adults received a proper medical evaluation.”

Mercury is a highly toxic substance that builds up in human body tissue. In young children, exposure to mercury can lead to learning disabilities and damage to the nervous system. In adults, exposure may cause cardiovascular and central nervous system problems. Mercury can be especially harmful if its fumes are inhaled. Vacuuming or sweeping mercury spreads it into the air and into smaller droplets, contaminating the home and the vacuum or broom.

EPA recovered about four fluid ounces of mercury from the home. Air monitoring indicated mercury measurements up to 50 times higher than safe occupancy levels. The contamination required disposal of the washer, dryer, clothing, bedding, and carpet. In addition, EPA excavated soil where the children played with mercury. EPA cleanup costs for residential mercury contamination have ranged from $100,000-$400,000.

“Once you have mercury contamination, cleanup is expensive and difficult because the mercury spreads easily from room to room, as was the case at this property,” said Jeff Fowlow, EPA On-Scene Coordinator. “We urge anyone who finds mercury stored in their home to contact the Yakima County Hazardous Waste program at (509) 574-2450. Correct handling and disposal will avoid an unfortunate incident like this, which was difficult for the family and resulted in a lot of belongings that had to be disposed.”

Metallic mercury appears as a thick, silver colored liquid that forms small drops or beads and breaks into smaller pieces easily. This and other mercury-containing products should be handled with extreme care and carefully transported to a household waste facility.For health concerns related to mercury spills, contact your health care provider or the Yakima Health District at 509-249-6508.

Hilton Oil Fined for UST Monitoring Violations

 The company also agreed to pay a $27,000 penalty.

The action stems from an EPA inspection of the facility in June 2013. A subsequent EPA complaint alleged that Hilton did not have documentation proving that it had conducted the required tank monitoring to ensure that the tanks at the facility were not leaking harmful petroleum products into the ground. EPA’s complaint also alleged that the facility failed to test its tanks monthly for possible leaks, and failed to check to make sure the tanks were not rusting.

“Underground tanks can cause serious damage to the environment if they leak,” stated EPA Regional Administrator Curt Spalding. “It’s critical that facilities with underground storage tanks carefully adhere to testing and maintenance requirements to prevent pollution.”

These tanks range in capacity from a few hundred to 50,000 or more gallons, and are used to store gasoline, heating oil and other fuels, waste oil and hazardous substances at gas stations, marinas, government facilities, and large industrial sites.

Underground storage tanks (USTs) are a major source of groundwater contamination, with thousands of leaks and spills from tanks reported annually. A spill of one gallon of gasoline can render one million gallons of water undrinkable. Leaks from USTs can also contaminate the soil around the tanks, and can cause unhealthy gasoline vapors to settle into the basements of private homes and apartment buildings.

Since USTs are buried several feet underground, spills and releases into the soil and into the groundwater table are often invisible to people standing at ground level. To insure that releases are quickly detected, RCRA requires all owners and operators to provide a method of leak detection for each UST that can identify releases from any portion of the tank and connected underground piping. RCRA also requires owners and operators to keep thorough records of leak detection activities and of any work done on the tanks.

Companies Fined for Selling Antimicrobial Pesticide with Unapproved Claims

 

According to separate but related administrative consent agreements filed by EPA in Lenexa, Kansas, the firms sold a pesticide with claims and directions for use that differed substantially from the product’s registration, in violation of FIFRA.

Under FIFRA, a registrant may distribute or sell its registered product under another person’s name and address instead of (or in addition to) its own without a separate registration. Such distribution and sale is termed “supplemental distribution” and the product is referred to as a “distributor product.” Labeling associated with the distributor product must be the same as that of the basic registered product. The distributor may not make additions to the registrant’s basic product label (e.g., add claims, additional sites, or pests). Under FIFRA, the distributor is considered an agent of the registrant for all intents and purposes and both the registrant and the distributor may be held liable for violations pertaining to the distributor product.

IET is the official EPA registrant for EcaFlo Anolyte. Seriously Clean is an authorized supplemental distributor of EcaFlo Anolyte under the name Nixall Disinfectant + Cleanser.

An inspection by the Missouri Department of Agriculture of the Seriously Clean facility in September 2012, and subsequent investigation, documented that Seriously Clean had supplementally distributed IET’s EcaFlo Anolyte product with claims that differed substantially from the product’s registration.

The sale or distribution of a pesticide with claims or directions for use that differ from those on the product’s registration can pose serious risks to human health, plant and animal life, and the environment. When products are distributed with misleading or incorrect directions for use, users can unintentionally misapply pesticides and the product as used may not effectively impact target organisms.

By agreeing to their respective settlements, IET and Seriously Clean have both certified that their operations are now in compliance with FIFRA and its regulations. In addition to the allegations pertaining to the distribution of the supplementally distributed IET product, the Seriously Clean settlement also resolves the alleged distribution of an unregistered pesticide, and the failure to submit a required production report to EPA.

Two Massachusetts Contractors Fined $46,150 Each for Asbestos Violations

The Massachusetts Department of Environmental Protection (MassDEP) penalized two asbestos-abatement contractors $46,150 each for violations found during a routine inspection of a work site at 64 Cambridge Street in Burlington, Massachusetts. All State Abatement Professionals of Plaistow, New Hampshire, and Cruz Abatement and Contracting Services of Lawrence, Massachusetts, had been contracted to perform asbestos abatement work at this commercial site.

MassDEP found during its December 9, 2014, inspection of this property that approximately 150 linear feet of pipe-wrap asbestos-containing material had been removed with glove bags that did not have air-tight seals. Failure to adequately wet the asbestos material prior to removal in this manner would cause airborne asbestos fibers, which pose a health risk. Asbestos is known to cause asbestosis and various forms of cancer.

Additional violations at the renovation site included failure to have the asbestos-removal work area isolated with barriers, vents or doors, and putting asbestos-containing waste into improperly sealed bags that were not labeled as required.

“Preventing asbestos fibers from becoming airborne is essential, and failure like this is not acceptable,” said Eric Worrall, director of MassDEP’s Northeast Regional Office in Wilmington. “Removal, bagging, labeling, shipping, and disposing of asbestos must be done properly and safely to protect workers and the general public.”

All State Abatement Professionals was the lead contractor, and will pay $10,500 of its penalty and the remaining $35,650 will be suspended provided there are no additional violations for one year following the date of its last payment to the Commonwealth.

Cruz Abatement and Contracting, which was retained as a sub-contractor, will pay $10,000 of its penalty and the remaining $36,150 will be suspended provided there are no additional violations for one year following the date of its last payment to the Commonwealth.

 

Pan Am Railways Inc. Fined $11,937 for Late Notification of Engine Oil Spill

Pan Am Railways, Inc., a North Billerica, Massachusetts-based railroad operator with a train yard in East Deerfield, has been assessed a penalty of $11,937 by the Massachusetts Department of Environmental Protection (MassDEP) for violation of oil spill notification regulations related to a motor oil spill at the East Deerfield Yard.

On July 23, 2014, at approximately 10:47 a.m. Pan Am notified MassDEP of a release of 20 gallons of engine oil from a locomotive to the ground surface and railroad tracks in front of the engine house at the yard. Information provided to MassDEP at the time of the notification and during a field inspection performed on that date indicated that Pan Am had knowledge of the engine oil spill the prior day, July 22, 2014 at 6 a.m. Massachusetts regulations require that MassDEP be notified as soon as possible, but in no case greater than two hours after Pan Am became aware of this spill.

In a recently finalized consent order, Pan Am agreed to pay a penalty of $11,937 to the Commonwealth for the violation. Pan Am will also update its Environmental Management System Plan (EMS) that was developed as part of a previous enforcement action undertaken by the Commonwealth of Massachusetts. Pan Am employees will be re-trained on procedures contained within the updated EMS. Pan Am is currently assessing and cleaning up the oil spill in accordance with Massachusetts regulations.

“Given measures previously established at the rail yard, this should not have happened,” said Michael Gorski, director of MassDEP’s Western Regional Office in Springfield. “Unfortunately, Pan Am personnel failed to follow the spill notification requirements of the regulation and the company’s Environmental Management System Plan, resulting in MassDEP’s issuing the penalty.”

Columbia Gas Transmission Fined $150,000 for Violations in Pipeline Construction

The Pennsylvania Department of Environmental Protection (DEP) recently announced a settlement of $150,000 with Columbia Gas Transmission, LLC, for multiple violations of the Clean Streams Law during construction of a natural gas pipeline in 2011 and 2012 through parts of Pike County. The penalty is for violations that occurred during construction of the Columbia Line 1278 Replacement Project in Dingman, Milford and Westfall townships.

During 30 inspections from both the DEP’s Waterways and Wetlands Program and the Pike County Conservation District (PCCD), a total of 125 violations were observed at the construction site. Those violations included failure to implement, maintain and provide temporary stabilization of disturbed areas, and potential pollution and sediment discharges into waterways of the Commonwealth, some of which are protected as High Quality or Exceptional Value Waters.

“This penalty serves as a reminder of how serious the Department takes our responsibility to protect the health of area residents,” said Mike Bedrin, director of DEP’S Northeast Regional Office in Wilkes-Barre. “The Department’s regulations require the proper implementation of best management practices through permit conditions in order to protect the quality of our wetlands and streams.”

The PCCD has been delegated authority by the DEP to enforce environmental laws and regulations and issue civil penalties associated with earth-moving activities.

“The District recognizes the importance of protecting water quality and the benefits those protections have to all Pike County residents,” said Sally Corrigan, director of the PCCD. “We implement important programs to accomplish that.”

According to the agreement, Columbia will pay the settlement amount to the Commonwealth of Pennsylvania’s Clean Water Fund, which supports educational and environmental programs that benefit clean water efforts. The company also will pay $21,500 to the PCCD to recover costs incurred during the investigation.

California Water Board Adopts Statewide Water Quality Objective for Trash and Implementation Requirements

 

While several regional water quality control boards already have trash control plans or permits in place, the State Water Board adopted the Trash Amendments to provide statewide consistency in efforts to protect aquatic life and public health, and reduce trash in state waters. A central element of the Trash Amendments is a land use-based compliance approach that targets high trash generating areas.

“Trash in our lakes, streams, and the ocean pose a serious threat to fish and wildlife as well as harming the public’s ability to enjoy our precious beaches and waterways. Fortunately, this problem is entirely preventable and many communities have already stepped up to meet the challenge,” said State Water Board Chair Felicia Marcus. “As a result, this policy mandates those tried-and-true, common sense approaches to ensure we get trash removed early when it enters our storm water system.”

“It also allows flexibility for communities to come up with approaches that work best for them. With 15 Total Maximum Daily Loads for trash, Los Angeles is significantly reducing the amount of trash reaching the waterways. The Bay Area is starting to see similar gains. Their experiences serve as examples that we can be equally effective in tackling visible trash in waterways for the rest of the state.”

Trash includes items such as cigarette butts, fast food containers, plastic grocery bags, cans and bottles, used diapers, construction site debris, old tires, and appliances. Trash discarded on land frequently ends up in waterways and the ocean as rainstorms wash it into gutters and storm drains, and then into creeks and rivers.

The State Water Board’s mandate is to protect beneficial uses of the state’s water resources; trash threatens virtually all of those uses. Aquatic life and wildlife can be endangered from ingestion, entanglement and habitat degradation from trash. Trash can also jeopardize public health and safety, and poses a hindrance to recreational, navigational, and commercial activities. Additionally, trash can serve as a transport medium for pollutants and act as a hiding place and breeding ground for invasive species.

Trash in surface waters, specifically coastal and marine waters, is a common problem in California.  Trash discarded on land is frequently transported through storm drains to waterways and the ocean.

Just as there are many kinds of trash, there are many methods to prevent it from fouling our waterways. For example, municipalities can increase street sweeping, conduct public education programs on littering, and install trash-catching devices on storm drains. Industries and construction sites can closely monitor materials to make sure they don’t leave the site.

State Water Board staff studied the pros and cons of various methods and gathered feedback from municipal, industrial and environmental stakeholders on the best and most effective methods to cutoff trash at the source when developing the amendments. The Trash Amendments underwent an extensive stakeholder engagement process with formation of a Public Advisory Group, focused stakeholder meetings, peer review, a public workshop and public hearing.

 

Four Texas-Based Recreational Vehicle Importers and an Affiliated Chinese Manufacturer Settle with EPA Over Illegal Imports of Off-Road Vehicles

. The settlement, approved by EPA’s Environmental Appeals Board, alleges that the companies violated numerous Clean Air Act provisions governing how vehicles must be manufactured, tested and certified before they can be sold in the United States. The companies will pay a total of $560,000 in civil penalties.

The four Texas companies party to this settlement—Geason Enterprises, L.L.C. (which does business as Geason Powersports and Hammerhead), GE Ventures, L.P. (which does business as Hammerhead Off-Road), Hammerhead Off-Road, Inc., and TJ Power Sports L.L.C.—all hold certificates of conformity from EPA and import and sell vehicles under the brand name Hammerhead. The Chinese company party to this settlement, Shanghai Howhit Machinery Manufacture Co., Ltd., manufactures recreational vehicles. A second Chinese company, Shanghai Tong Jian Sports Equipment Co., Ltd., manufactured some of the uncertified vehicles and was also sued by EPA in July 2013, but is no longer in business and is not party to this settlement.

Companies that manufacture and sell vehicles must obtain an EPA-issued certificate of conformity to show their vehicles will meet emissions standards. Vehicle manufacturers must submit an application to the EPA that describes the engine or vehicle, its emission control system, and emissions data demonstrating compliance with emission standards.

The Hammerhead brand recreational vehicles addressed in the settlement were imported without the required certification. Some of the vehicles were missing emission control systems, were equipped with non-conforming catalysts and carburetors, and/or had been manufactured by a company different than the one listed in the certificate application. 

EPA discovered the violations during inspections of imported vehicles at the Los Angeles/Long Beach Seaport, the Port of Dallas, the Port of Chicago, and Hammerhead’s warehouse in Dallas.

Vehicles and engines that do not have proper emissions controls may emit excess pollution such as carbon monoxide, hydrocarbons, and nitrogen oxides. These emissions can cause harmful health effects like respiratory illnesses from the reduction of oxygen delivery to tissues and organs, visual impairment, chest pain, coughing, throat irritation, and congestion, and can exacerbate bronchitis, emphysema, and asthma. Excess emissions can have adverse environmental consequences like ground-level ozone or smog, acid rain and water quality deterioration.

EPA Honors 2015 Energy Star Partners of the Year for Leadership on Energy Efficiency, Acting on Climate

Awardees are helping families save money by saving energy in innovative ways including working with utilities to offer rebates to customers, creating more efficient products, and launching efficiency projects.

 

“Our Energy Star Partner of the Year award winners demonstrate that energy efficiency is a smart business decision that supports their bottom line, and helps their customers save money and energy,” said EPA Administrator Gina McCarthy. “I congratulate our Energy Star Partners of the Year for their leadership and commitment to reducing greenhouse gas emissions and taking action that will help us leave a healthier planet for future generations.”

The awards will be presented in Washington, DC, at the Marriott Wardman Park Hotel on April 20th. EPA Administrator McCarthy and Jim Gibbons, Goodwill Industries International President and CEO, will provide keynote remarks.

“Energy Star Partner of the Year Award winners are delivering advanced energy efficiency solutions that help American families and businesses save money by saving energy,” said Energy Secretary Ernest Moniz. “Their efforts play an important role in protecting the environment by reducing greenhouse gas emissions, while also moving our nation closer to a clean energy future.”

This year’s awardees include manufacturers, retailers, public schools, hospitals, real estate companies, homebuilders and other businesses and organizations, from Fortune 500 companies to small businesses. Several organizations are first-time Energy Star Partner of the Year awardees.

How Energy Star Partners of the Year are Taking Action:

• (Nashville, Tennessee) Habitat for Humanity is providing affordable housing to low-income families through energy efficiency where monthly utility bills average $78 for a 1,200-square-foot Energy Star certified home.
• (Atlanta, Georgia) The Home Depot is working with local utilities in 44 states to coordinate rebate offerings for Energy Star products, resulting in approximately $300 million in incentives for customers. This included offering instant rebates for ENERGY STAR LED lighting products in 900 stores and consumer rebates of over $45 million.
• (Winston Salem, North Carolina) Hanesbrands reduced carbon emissions by more than 24% and water use intensity by 31% in addition to increasing the use of cotton yarn from recycled fabric to reduce the need for water, fertilizer, and herbicides, all energy intensive inputs to cotton growth.
• (Plano, Texas) JCPenney gained Energy Star certification for more than 100 of their buildings in 2014, bringing the company total to 618 certified buildings, which include stores, one distribution center, and the corporate headquarters in Plano, Texas. The company is also partnering with school districts such as Kenton County School District in Kentucky to expand students’ experience in managing their school’s energy to the business world of managing energy in a retail store and fostering an energy conservation culture, having found that 42%of the company’s energy savings can be attributed to actively engaged associates.
• (Framingham, Massachusetts) Staples, Inc., reduced carbon emissions by 36% over a 2001 baseline through energy efficiency and green power investments, despite a revenue growth of 130% over the same period. The company re-certified 250 buildings in 2014, for a total of 650 Energy Star certified buildings nationwide.
• (El Segundo, California) DirecTV ensured 100% of the more than 12 million receivers it purchased in 2014 were ENERGY Energy Star certified, enabling DIRECTV customers to save 845 million kilowatt hours and $105 million annually. The company has deployed 65 million Energy Star certified receivers since joining the program in 2009; reducing energy consumption of its receivers by eight percent since 2012, despite a three-percent increase in receivers deployed.
• (Detroit, Michigan) General Motors Company, among other accomplishments, launched a new funding source called the Chevrolet Clean Energy Campaign in 2014 after realizing the lack of large-scale energy efficiency projects on the voluntary carbon market. The campaign enables universities to accelerate their impact and save money on utility bills while engaging students in making a positive change for the climate.
• (Toledo, Ohio) NeighborWorks completed weatherization efforts in 296 homes to date, including decreasing air infiltration, and replacing inefficient hot water tanks and heating systems with Energy Star certified models. The company has built 40 single-family Energy Star certified homes, saving families money and energy.

Dallas Wins the National Mayor’s Water Challenge

Population growth, extreme weather patterns, drought, and infrastructure all threaten access to a steady, sustainable water supply in the United States. Recently, EPA Administrator Gina McCarthy, Dallas Mayor Mike Rawlings, Wyland and Toyota North America participated in an event to celebrate sustainability and talk to students about the importance protecting clean water. The event took place at Cochran Elementary School in Dallas, Texas.

“Our water challenges require new solutions to ensure our children grow up healthy, our schools stay safe and hospitals continue to run for the next 100 years and beyond. That is why EPA is committed to finalizing our Clean Water Rule this spring,” said EPA Administrator Gina McCarthy. “EPA is committed to working with cities and mayors on water projects that will benefit public health, the environment and the local economy.

As part of the prize, organizers donated a water-efficient outdoor classroom and student garden to the school. The project creates an environment within the school’s courtyard that uses Texas native trees, plants and grasses, decomposed granite pathways, low-cost water efficient irrigation and weather sensors, and student gardens for each grade.

“In Dallas, we’ve demonstrated our commitment to water conservation by changing our behaviors—in our daily personal routines and in our business practices,” said Dallas Mayor Mike Rawlings. “Each of us has a role to play in conserving our natural resources and I’m pleased that we are imparting the value of conservation to our greatest resource—the young people of our community.”

“Toyota is proud to be the national presenting sponsor of the 4th Mayor’s Challenge for Water Conservation. We place a high priority on creating an environmentally sustainable future, and preserving our nation’s precious water resources is key to keeping that promise for future generations,” said Toyota Senior Vice President for Engineering, Kevin Butt. “We want to help set an example for today’s students everywhere who will become guardians of America’s natural resources for generations to come.”

“The Cochran Elementary School project is a great example of the many ways we can bring the goals of the National Mayor’s Challenge for Water Conservation to life in a meaningful way,” said Wyland. “It re-imagines how we use our outdoor spaces to make them more functional, while taking in account practical ways that we can sustain the landscape without requiring substantial water use or costs. More importantly, it provide the students with beautiful native gardens to nurture and discover for years to come.”

This week, EPA Administrator Gina McCarthy is hitting the road to focus on the streams and wetlands that provide one in three Americans their drinking water, and that are currently vulnerable to pollution and destruction. The EPA and US Army Corps of Engineers sent the draft Clean Water Rule to the White House Office of Management and Budget for interagency review on April 3. After over 400 meetings with stakeholders across the country and input from over one million public comments, the agencies will finalize a rule that strengthens manufacturing, tourism, recreation, farming, ranching, and other major economic sectors that rely on clean water to function and flourish.

Throughout the month of April, civic leaders across the country are encouraged to step up and inspire their residents to join the National Mayor’s Challenge for Water Conservation. Cities with the highest percentage of residents who take the challenge in their population category win.

 

New England Cities Recognized for Fleet Carbon Reduction Efforts

The City of Nashua, New Hampshire, is among seven New England fleets selected as “Northern Stars of New England” by the New England Clean Cities Coalitions, for the city’s efforts in cutting carbon emissions, reducing the use of petroleum, and promoting and utilizing alternative fuels to power their vehicles.

Nashua, along with the City of Boston Massachusetts, Greater Portland Transit District (METRO), Oakhurst Dairy in Maine and New Hampshire, the University of Vermont, Newport Biodiesel in Newport, Rhode Island, and Malloy Energy in Cumberland, Rhode Island were chosen for their deep commitment to the goals of the Clean Cities program through use of alternative fuels, alternative fuel vehicle purchasing, and petroleum reduction practices.

The Northern Stars of New England program was developed by Clean Cities Coalitions in New England to acknowledge the efforts of transportation fleets with effective petroleum reduction strategies. Lisa Fauteux, Director of Public Works, and John Stewart, Fleet Manager accepted the award on behalf of the City. The Northern Stars program was funded through a US Department of Energy grant that focused on reducing barriers to the proliferation of alternative fuels.

There are nearly one hundred Clean Cities Coalitions around the country whose purpose is to help reduce the use of petroleum in transportation, cut vehicle emissions, and promote petroleum reduction strategies. The designation as a Northern Star requires that the fleets be a stakeholder in their local Clean Cities Coalitions and that they meet a list of petroleum reduction criteria.

 

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