EPA Enforcement Cuts Three Billion Pounds of Pollution; Requires Companies to Spend $20 Billion

. The agency’s enforcement program estimates that it has cut pollution by almost three billion pounds, and it has required companies to invest almost $20 billion in pollution control equipment. According to the EPA, more than 70% of these reductions were achieved by addressing high-priority air and water pollution challenges.

"Today's results show that we are making significant progress in protecting the environment and public health," said Granta Y. Nakayama, EPA's assistant administrator for Enforcement and Compliance Assurance. "EPA is encouraging environmental stewardship and vigorously enforcing our laws in order to deliver current and future generations a cleaner, healthier America."

As a result of criminal enforcement actions completed this year, defendants will serve 154 years in jail, pay almost $43 million in fines, and pay another $29 million for environmental projects imposed as part of the sentences. EPA's civil enforcement program also demonstrated strong results this year by concluding a total of 173 judicial cases, issuing or completing 4,624 final administrative penalty order settlements, and resolving self-disclosed violations for 1,475 facilities. EPA referred 286 civil cases to the U.S. Department of Justice, the highest total in five years.

As a result of EPA's Superfund enforcement actions, parties held responsible for pollution will invest $391 million to clean up 15 million cubic yards of contaminated soil and approximately 1.3 billion cubic yards of contaminated groundwater at waste sites. In addition to paying penalties in 2006, the EPA will also require regulated entities to invest $4.9 billion to reduce pollution and achieve compliance with environmental laws.

EPA's enforcement program targeted significant environmental problems facing the country, including harmful air emissions, noncompliance at petroleum refineries, and water pollution. EPA's top air-enforcement actions will result in reductions in harmful air emissions totaling 379 million pounds of sulfur dioxide and 92 million pounds of nitrogen oxides annually. When fully implemented, these air emission reductions are valued at $3.5 billion. The health benefits include reducing about 500 premature deaths in people with heart or lung disease, preventing hundreds of cases of bronchitis and nonfatal heart attacks, as well as eliminating thousands of cases of respiratory ailments, including aggravated asthma.

As a result of the EPA's work to reduce pollution from petroleum refineries, 85 refineries, or 77% of domestic refining capacity, are now subject to enforceable orders and consent decrees, and the agency continues its negotiations with refiners representing an additional 11% of capacity. EPA's priority efforts to control sewer overflows, storm water runoff, and concentrated animal feeding operations resulted in a more than 230 million pound decrease in water pollution, including sediment, bacteria, raw sewage, untreated industrial wastes and animal wastes.

Michigan Manufacturers' Guide to Environmental, Health, and Safety Regulations Available on CD

 The recently updated 500-page guidebook is a joint publication of the DEQ and the Department of Labor and Economic Growth. It is intended to assist manufacturers, suppliers, consultants, and regulators with understanding all state and federal environmental and safety regulations, identifying where to go for help, and obtaining compliance assistance for their day-to-day operations.

To order your copy, go to www.michigan.gov/deq, click on "Key Topics," then "Publications," or contact the Environmental Assistance Center at (800) 662-9278. CDs are available for $3, plus shipping, and hard copies of the guidebook are also available for $20 plus shipping and tax. 

Advanced Metal Finishing Managers Plead Guilty to Disposal of Electroplating Wastewater Without a Permit

U.S. Attorney John L. Brownlee announced that Advanced Metal Finishing of Roanoke, Inc., and the top two company executives pleaded guilty to violating the Clean Water Act in U.S. District Court in Roanoke, Va. Advanced Metal Finishing President Timothy Migliarese and Vice President Gary Hall were charged in a one-count information with discharging pollutants into Roanoke’s sanitary sewer system. Specifically, Advanced Metal Finishing discharged industrial wastewater from its Norfolk Avenue Facility without a permit.

“Mr. Migliarese and Mr. Hall certified time and again that they were not discharging pollutants into Roanoke’s sewer system, when in fact, their operations were set up to do exactly that,” Brownlee said. “We hope the guilty pleas entered here today send the message that we will aggressively enforce the federal laws that protect our environment.”

The charges are the result of a joint investigation by the EPA, the U.S. Attorney’s Office, the Roanoke City Police Department, the Roanoke Regional Water Authority, and the Department of Environmental Quality. According to the information filed by Assistant U.S. Attorney Jennie L.M. Waering, Advanced Metal Finishing used significant amounts of acids, cleaning agents, and metals. A pretreatment system was required before it could discharge its industrial wastewater into the sanitary sewer system.

Municipal sewage plants receive wastewater not only in the form of domestic sewage but also from users who discharge industrial wastewater into the sanitary sewers. These indirect discharges of pollutants are regulated by the federal Clean Water Act, which requires industrial users such as Advanced Metal Finishing to pretreat wastewater before discharging into the sewer system.

On April 22, 1999, Migliarese informed the Roanoke Regional Water Pollution Control Plant that the company had not discharged any waste from its former facility at 1915 Chapman Avenue, S.W. since December 1998. The letter also said that Advanced Metal Finishing had purchased an evaporator and would be evaporating all of the company’s wastewater.

On August 19, 1999, Advanced Metal Finishing submitted an application for a wastewater permit to the Roanoke Regional Water Pollution Control Plant. In the application, Migliarese noted that Advanced Metal Finishing would not discharge any wastewater because it was being evaporated and that any heavy metal sludge generated was stored in 55-gallon drums until disposed off-site.

On September 7, 1999, the Roanoke Regional Water Pollution Control Plant issued a Wastewater Discharge Permit to Advanced Metal Finishing. The permit required Advanced Metal Finishing to certify twice a year that it had not discharged any industrial wastewater from the facility within the previous six months. Also on the permit, Hall was listed as the new vice president of Advanced Metal Finishing.

From June 1999 through December 2003, Migliarese and Hall submitted nine biannual certifications stating that Advanced Metal Finishing had not discharged industrial/process wastewater to the sewer system. In reality, Advanced Metal Finishing had discharged wastewater into the sewer system through a floor drain or an oil/water separator. During this time, Advanced Metal Finishing’s evaporator was rarely operational or used, and the sludge and other wastes were never properly transported and disposed off-site.

On February 14, 2004, Advanced Metal Finishing moved from its Chapman Avenue Facility to a new location on Norfolk Avenue, S.W. During the move, a hazardous waste contractor was contacted to pick up and dispose of thousands of gallons of electroplating waste from the Chapman Avenue facility. This was the first time the contractor had ever been contacted for this purpose. On April 14, 2004, during an inspection of the new Norfolk Avenue facility, Hall told inspectors that Advanced Metal Finishing had not discharged any industrial wastewater to the sewer system because this wastewater was evaporated.

On May 18, 2004, two inspectors from the Roanoke Regional Water Pollution Control Plant inspected the Norfolk Avenue Facility after having received an anonymous tip that an illegal discharge was about to occur there. The inspectors saw and photographed a garden hose inside the facility running from a 750-gallon rinse tank to the stainless steel sink into which the electroplating wastewater was being discharged. Hall and Migliarese had authorized and caused the placing of a submersible pump into the rinse tank and connected a garden hose to the pump. The pump and hose would discharge wastewater into the sink without any pretreatment.

On May 27, 2004, a federal search warrant was executed at the Norfolk Avenue Facility. The investigators who conducted the search found plumbing that allowed Advanced Metal Finishing to discharge its wastewater into the City of Roanoke sewer system. Instead of draining directly into the sanitary sewer system, the sink’s plumbing was connected to a sump pump which ultimately pumped the wastewater into a urinal approximately 100 feet from the sink.

The maximum penalty against a corporate defendant for knowingly discharging a pollutant in violation of a pretreatment standard of Clean Water Act is a fine of $5,000 to $50,000 per day of violation or up to $500,000, whichever is greater. The maximum penalty against an individual defendant for a similar violation is imprisonment for up to three years and a fine of $5,000 to $50,000 per day of violation, or up to $250,000.

N.Y. State Lawsuit Forces DOE to Improve Energy Efficiency Standards

 This action settles a federal lawsuit against DOE brought by New York and a coalition of 14 other states, the City of New York, and three public interest groups.

"These common-sense standards will save consumers money, lower our dependence on foreign oil, and improve public health and our environment," Spitzer said. "I applaud the federal energy department for settling this matter and moving forward with these new standards."

New York City Corporation Counsel Michael Cardozo said: "Appliance and equipment efficiency standards are one of the most critical means to save energy and to improve overall air quality and public health. New York City residents and businesses pay some of the highest energy prices in the country, and the cost improvements of more efficient appliances will be a benefit to all New Yorkers."

According to DOE’s own estimates, the standards covered by this agreement may reduce energy use by as much as 35 quadrillion BTUs over an approximately 30-year period. By comparison, all U.S. households combined consumed 21 quadrillion BTUs of energy in 2004. The standards also have the potential to significantly reduce greenhouse gases, and annual carbon dioxide emissions could be reduced by as much as 103 million metric tons a year. This is the equivalent of eliminating emissions from more than 18 million cars and light trucks from America’s roads.

In the 1980s, Congress directed the DOE to periodically update existing efficiency standards for a wide range of consumer products under specific deadlines. In September 2005, after attempting to resolve the delays, New York led a coalition of states in suing in an effort to compel DOE to catch up on the lapsed deadlines. The lawsuit sought a binding schedule for the overdue standards, which is what the settlement agreement provides.

The use of energy-efficient appliances reduces air pollution, global warming, and other environmental problems associated with the generation of electricity, while also saving money for residential and commercial consumers. Increased energy efficiency also improves the reliability of the electric grid.

The agreement was signed by U.S. District Court Judge John E. Sprizzo of the Southern District of New York. The agreement covers the following products:

Attorney Generals from the following states joined New York in the lawsuit: California, Connecticut, Illinois, Iowa, Maine, Massachusetts, New Hampshire, New Jersey, New Mexico, North Carolina, Rhode Island, Vermont, and Wisconsin. Other parties in the case included the Pennsylvania Department of Environmental Protection, the California Energy Commission, the City of New York, the Natural Resources Defense Council, the Massachusetts Union of Public Housing Tenants, and the Texas Ratepayers Organization to Save Energy.

EPA Modifies TSCA Export Notifications

EPA is amending the Toxic Substances Control Act (TSCA) Section 12(b) export notification regulations at Subpart D of 40 CFR 707. The agency is replacing the current annual notification requirement to a one-time requirement for exporters of chemical substances or mixtures for which certain actions have been taken under TSCA. EPA is also changing the current requirement that the agency notify foreign governments annually after its receipt of export notifications from exporters to a requirement that the agency notify foreign governments once after it receives the first export notification from an exporter.

EPA is also promulgating de minimis concentration levels below which notification will not be required for the export of any chemical for which export notification under TSCA Section 12(b) is otherwise required, promulgating other minor amendments (to update the EPA addresses to which export notifications must be sent, to indicate that a single export notification may refer to more than one section of TSCA where the exported chemical is the subject of multiple TSCA actions, and to correct an error in 40 CFR 799.19 that currently omits mentioning multi-chemical test rules as being among those final TSCA Section 4 actions that trigger export notification), and clarifying exporters' and EPA's obligations where an export notification-triggering action is taken with respect to a chemical previously or currently subject to export notification due to the existence of a previous triggering action. This rule becomes effective January 16, 2007.

Delaware Adopts New Regulations to Substantially Reduce Air Emissions from Power Plants

Delaware Department of Natural Resources and Environmental Control Secretary John A. Hughes signed an order adopting a new regulation that will require air emissions’ reductions from the state’s eight largest electrical generating units that burn coal or residual oil.

The regulation will require reductions of mercury emissions of more than 80 percent and will require reductions of allowable sulfur dioxide by 87% and nitrogen oxides by 76% by 2012. These reductions are a major component of Delaware’s plan to meet federal air quality standards by 2010. Units that will be regulated are NRG’s Indian River power plant, three units at Conectiv’s Edge Moor plant, and the City of Dover’s largest unit at the McKeen Run plant. The Indian River power plant is the state’s largest source of toxic releases to the environment with the Edge Moor power plants ranking second.

“This is a historic milestone in Delaware’s efforts to improve air quality,” said Hughes. “I believe this is a firm, but fair approach that will bring these old power plants into compliance with modern standards. These reductions are achievable and absolutely necessary for us to meet compliance with federal health-based standards.”

Delaware does not currently meet the federal standard for ground-level ozone, a pollutant that is formed on hot, sunny days when nitrogen oxides and other emissions from cars, manufacturing facilities, power plants, and a host of other sources combine. High levels of ozone can affect the respiratory function of the young, elderly, and those with existing respiratory conditions such as asthma.

Sulfur dioxides is a pollutant generated from the combustion of fossil fuels such as coal and oil. It is a major cause of acid rain and is a respiratory irritant. It is also a contributor to the generation of fine particulates that can adversely affect health when tiny particles become lodged in the lungs. Mercury poses a severe public health risk from its bioaccumulation in the food chain, particularly in fish and shellfish. Delaware has a number of fish consumption advisories on waterways throughout the state, in part due to elevated levels of mercury in fish.

The regulation requires initial reductions by May 2009 and further reductions by January 2012. The department included a provision in the regulation that allows an extension of the compliance date if the plant operator demonstrates that it is unable to meet the deadlines due to circumstances beyond its control. The department has also committed to reexamining the progress of the regulated parties in meeting the requirements in 2010.

California and Arizona Companies Disclose Toxic Release Inventory (Form R) Violations

The EPA waived penalties for California and Arizona companies that voluntarily disclosed and corrected environmental violations. This is the result of policies that have been successful in getting companies to make good-faith efforts in self-policing their own environmental compliance.

The recent self-disclosure cases had potential penalties ranging from $11,000 to $74,000 in Arizona and $6,000 to $127,000 in California for environmental violations that the agency determined caused no serious or actual harm to human health or the environment. The four companies located in Arizona avoided a combined total of $155,193 in penalties, while companies in California avoided more than $391,000 in penalties.

“This is a win for communities, for business, and for the EPA,” said Enrique Manzanilla, the EPA's Communities and Ecosystems Division director for the Pacific Southwest region. “Checking for compliance, promptly disclosing violations found, correcting them, and acting to prevent future violations are the responsible actions for companies to take.”

In the cases announced, each company discovered the violations on its own and reported the violations to the EPA. Because the companies satisfied all of the conditions of the EPA’s self-disclosure policies and there was no economic benefit gained, the EPA waived potential penalties.

The recent self-disclosure cases include:

Facility Name: Imsamet Inc.
Location: Goodyear, Ariz.
Business: Recycle aluminum
Violations: Failure to report ammonia for calendar years 2000 – 2003
Potential fine: $73,864

Facility Name: Electronic Devices
Location: Phoenix, Ariz.
Business: Manufacture electronic components
Violations: Failure to report lead for calendar years 2001 and 2002
Potential Fine: $10,662

Facility Name: Executive Door Company, Inc.
Location: Phoenix, Ariz.
Business: Manufacture interior and exterior doors
Violations: Failure to report xylene for calendar years 2001 – 2003
Potential fine: $17,448

Facility Name: IR Epi Services, Inc.
Location: Mesa, Ariz.
Business: Manufacture semiconductors and related devices
Violations: Failure to report hydrochloric acid and hydrogen fluoride for calendar year 2004
Potential fine: $53,219

Facility Name: Custom Sensors & Technologies Inc. (formerly BEI)
Location: Concord, Calif.
Business: Manufacture inertial systems (gyroscopes) for auto, aerospace, and defense industries
Violations: Failure to report hydrogen fluoride for calendar years 2001, 2003, and 2004; lead compounds for calendar years 2002 – 2004; and certain glycol ethers for calendar year 2004
Potential fine: $127,189

Facility Name: Sieger Engineering
Location: South San Francisco and Sacramento, Calif.
Business: Precision machine shop
Violations: Failure to report chromium for calendar years 2001 – 2004 and nickel for calendar years 2002 – 2004
Potential fine: $125,010

Facility Name: CSL, Inc.
Location: Santa Clara, Calif.
Business: Job shop plating service to semiconductor and biotech industries
Violations: Failure to report nitric acid for calendar year 2003
Potential fine: $6,448

Facility Name: Triangle Digital, LLC
Location: Dixon, Calif.
Business: Manufacture printing ink
Violations: Failure to report methyl ethyl ketone and certain glycol ethers for calendar years 2003 and 2004
Potential fine: $41,490

Facility Name: CoorsTek
Location: El Segundo, Calif.
Business: Manufacture plastic components
Violations: Failure to report lead for calendar years 2001 – 2004
Potential fine: $76,854

Facility Name: Three Bond International, Inc.
Location: Torrance, Calif.
Business: Manufacture adhesives
Violations: Failure to report Di (2-ethyl hexyl) phthalate for calendar years 2001 – 2003
Potential fine: $14,169

 The policy excludes criminal acts, violations resulting in serious actual harm to public health or the environment, and repeat violations. 

Federal law requires certain facilities that use chemicals over specified amounts to file annual reports to the EPA and the state that estimate the amounts released to the environment, treated or recycled on-site, or transferred off-site for waste management.

Methyl Bromide for U.S. “Critical Uses” Continues Steady Decline Under International Ozone Layer Protection Treaty

. As inventories of ozone-damaging methyl bromide continue to decline, critical-use exemptions help meet the needs of American farmers as they transition to ozone-safe alternatives.

The amount authorized at the New Delhi meeting represents 21% of the nation's 1991 baseline consumption (U.S. baseline is 25,528 metric tons). Some 18% of baseline (4,595 metric tons) will be authorized new production and import, and the remainder will come from pre-phaseout inventories. EPA will allocate these quantities to users with critical needs through the notice-and-comment rulemaking process.

As methyl bromide alternatives have been adopted and uses scaled back, the quantity of the critical use exemption in the United States has decreased steadily–the authorizations have decreased from 9,553 metric tons for 2005 to 8,082 metric tons for 2006 and 6,749 metric tons for 2007. The authorization for 2008 continues the downward trend. The level of pre-phaseout inventory has also continued to decrease–from approximately 16,422 metric tons in 2003 to 12,994 metric tons in 2004 and 9,975 metric tons last year. The United States has substantially reduced methyl bromide consumption since the early 1990s and is committed to further reductions of methyl bromide use as alternatives become available.

The critical-use exemption process was established to provide relief to methyl bromide users who do not yet have any technically or economically feasible alternatives. Under the current structure of the protocol, the parties to the treaty authorize exemptions on an annual basis, and each year EPA promulgates a rule to allocate methyl bromide for critical uses. The EPA regulates and monitors methyl bromide allocations.

Methyl bromide is used to fumigate soil before planting crops such as strawberries and tomatoes, as well as to fumigate stored commodities and grain mills. However, it also damages the ozone layer and is classified as a Class I ozone-depleting substance. EPA regulations phased out the production and import of methyl bromide as of Jan. 1, 2005, except for allowable exemptions, such as the critical-use exemption.

BioSafe Fined for Pesticide Labeling Violations

A Glastonbury, Conn., pesticide manufacturer, BioSafe Systems L.L.C., will pay a $17,250 penalty in a settlement resolving EPA concerns that it marketed two pesticide products for an unapproved use in floor mats.

The violations relate to marketing claims BioSafe made about two of its own EPA-registered pesticide products (“ZeroTol” and “OxiDate”). EPA’s New England regional office alleged that the products contained claims that were substantially different from statements the EPA approved for the product labels during the rigorous EPA registration process under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). EPA New England alleged that BioSafe distributed or sold these pesticides for use in floor mats and, in particular, in a BioSafe product known as the “BioMat.”

The two products each contain 27% hydrogen dioxide as the active ingredient. Although BioSafe product literature called for using a dilute solution in the BioMat, at full strength, these pesticides are corrosive and can present serious risks of permanent damage to the eyes, skin, digestive system, or respiratory tract, if proper application procedures are not followed.

Since the violations were first discovered, BioSafe has worked with EPA’s Office of Pesticide Programs in Washington, D.C., to ensure that these pesticides can now be used in floor mats.

In order to ensure that pesticides used in the United States are not likely to cause unreasonable harm to human health or the environment, EPA performs a rigorous science-based assessment before they are distributed or sold. Under that process, pesticides and their product labeling are approved for use in the United States once properly registered by EPA.

The settlement with BioSafe is contained in a consent agreement and final order resolving the FIFRA violations without any admission of liability by BioSafe.

Loans to Help Truckers Save Money, Reduce Emissions

Small trucking companies can make sure the rubber meets the road while saving money and reducing pollution with a new loan initiative that will help pay for fuel-saving technologies. 

"This new loan initiative is another step forward in our nation's efforts to conserve resources, achieve energy independence, and reduce the emissions that contribute to soot and smog," said Bill Wehrum, EPA's acting assistant administrator for the Office of Air and Radiation. "By taking these actions and making advanced truck technologies more affordable, we are responding to the president's call for greater fuel efficiency."

This loan initiative uses SBA Express Loans and partners with Bank of America, Business Loan Express, Superior Financial Group, and other SBA lenders to help small trucking companies finance the purchase of SmartWay Upgrade Kits. The kits include idle-reduction devices, low rolling resistance tires, aerodynamic equipment, and exhaust after-treatment devices. The kits can improve truck fuel efficiency by 15% and save more than $8,000 in fuel costs annually, while significantly reducing emissions of soot and nitrogen oxides.

EPA Enforcement Results Show Significant Pollutant Reductions and Environmental Benefits in the Southeast

More than 209 million pounds of estimated pollutants were reduced, treated, or properly managed during fiscal year 2006 as part of EPA’s compliance assurance and enforcement actions in the states of Florida, Georgia, Alabama, Mississippi, North Carolina, South Carolina, Tennessee, and Kentucky. 

“Enforcement actions taken during this past year through continued collaboration with our state partners ensure that the regulated community continues to comply with our nation’s environmental laws and regulations and do not pollute the environment,” said Jimmy Palmer, EPA regional administrator in Atlanta. “Our strong enforcement efforts are ensuring a cleaner and healthier environment for citizens in the Southeast.”

. The results of these actions include the treatment of an estimated 1.5 million cubic yards of contaminated soil, and the clean up of more than 77 million cubic yards of contaminated water.

As a result of enforcement settlements, approximately $429.6 million will go directly toward correcting violations cited in the specific enforcement cases, cleanup of the polluted sites, and protection against further environmental contamination or destruction. In addition, more than $4.7 million will fund supplemental environmental projects (SEPs), which are environmentally beneficial projects that a violator voluntarily agrees to perform as part of an enforcement settlement.

Region 4’s efforts to get the regulated community in the Southeast to conduct compliance audits under the agency’s audit policy resulted in 98 facilities self-disclosing and correcting violations of environmental laws.

“I firmly believe that our compliance assistance and outreach efforts are showing businesses, industries, local governments, and other regulated entities efficient and effective ways to meet applicable requirements,” said Palmer.

NW Natural Agrees to Pay $32,750 Penalty to Settle GASCO Cleanup Violations

NW Natural has agreed to pay a $32,750 penalty resulting from its failure to notify the EPA of water quality exceedances within the required 72-hour time limit during cleanup of contaminated sediment at its GASCO site in Portland, Ore., during the fall 2005.

The stipulated penalty was part of a legal agreement between EPA and NW Natural to dredge a tar mass from Willamette River sediment at the site of the former gasification plant. During the dredging, NW Natural used a geo-textile silt curtain to prevent sediments suspended by the dredging from being carried away from the site.

The EPA established the water-quality monitoring requirement to assess short-term impacts to fish and aquatic life. Cleanup was stopped several times in order to take additional measures to protect water quality. NW Natural entered a voluntary cleanup agreement with EPA in October 2004 to get a head start on cleaning up the highly contaminated GASCO site prior to the completion of the Portland Harbor investigation.

“The GASCO tar removal represented the first time contaminated sediment was dredged from the Portland Harbor Superfund site,” stated EPA Project Manager Sean Sheldrake. “The cleanup successfully removed a serious source of contamination to the Willamette River, but it also provided us with experience that will help minimize short-term impacts during future sediment cleanup actions in the Willamette River.”

EPA’s Clean Water Act Enforcement in High Gear

 EPA and the parties have reached agreement on penalties and supplemental environmental projects with a combined value in excess of $125,000.

“Sustainable development and responsible construction activities must go hand-in-hand if we are to protect the environment and protect public health,” said Alan J. Steinberg, EPA regional administrator. “We will continue to vigorously enforce the provisions of the Clean Water Act to protect our watersheds and control runoff from construction sites, which could have negative impacts on the environment. These actions are part of an ongoing and concerted national effort by EPA to reduce storm water pollution and improve water quality.”

In addition to the penalties, the developers will each conduct a supplemental environmental project (SEP), which is an environmentally beneficial project that a violator agrees to undertake in exchange for a reduction in the penalty.

Cue and Lopez Contractors/Vistas de Gurabo, Inc., have agreed to pay a penalty of $15,000 for failing to obtain the required permit for construction activities related to a residential construction project in El Barrio Navarro in Gurabo that encompassed approximately five acres. If the companies had developed and carried out the required storm water pollution prevention plan, they would have reduced the amount of sediment polluting local waterways. The developer also will pay at least $45,000 to undertake important data collection in Catano in preparation for engineering studies to help protect Las Cucharillas Marsh and the San Juan Bay Estuary.

Wildco, Inc., failed to carry out best management practices to control storm water runoff at a site associated with its construction at the Adjuntas Plaza site. The developer will pay a penalty of $3,450 and conduct a supplemental environmental project that will include planting more than 200 native trees to help reduce soil erosion and enhance wildlife in Adjuntas at a cost of at least $30,000.

Rullan Ruiz Group, Inc., failed to obtain the appropriate storm water construction permit and failed to carry out best management practices during construction of a sewer project at its construction area around the Coto Laurel Creek in Ponce. The developer will pay a penalty of $3,500 and supply at least $12,500 for the preservation of more than two acres of open space.

Top Construction Corp. did not obtain a storm water permit during construction of its 50-acre Brighton Country Club project and failed to carry out erosion controls at its site located in the Higuillar Ward of Dorado. The developer will pay a penalty of $9,000 and participate in an environmental project valued at $7,000 to conserve and help manage Las Cucharillas Marsh.

Construction projects are a potentially significant source of storm water related sediment runoff when soil at these sites is disturbed or left in loose piles. When rain washes through the soil, large amounts of sediment may wash into local water bodies, clogging rivers, shore lines and wetlands, and it may affect aquatic habitat and reduce the capacity of Puerto Rico’s reservoirs.

The Clean Water Act requires operators of construction sites of one acre or larger (including smaller sites that are part of a larger common plan of development) to obtain a permit to discharge storm water and to develop and carry out a storm water pollution prevention plan. Pollutants, sediments, oil, and grease can accumulate in storm water as it travels across land and ultimately flows into the watershed. EPA will continue to pursue those who do not comply with the Clean Water Act and the permitting requirements of the National Pollutant Discharge Elimination System as part of the national wet weather enforcement priority.

EPA Issues Secondary Containment Guidelines to Help Reduce Underground Storage Tank Releases

 Secondary containment provides a barrier between a UST and the environment by holding the leaking petroleum between the tank and the barrier so that the leak is detected. EPA provides funding to states through grants to regulate USTs. EPA worked with states and regional tank offices to develop the secondary containment grant guidelines.

The secondary containment grant guidelines describe the minimum requirements that states must meet in order to comply with the secondary containment provision contained in the Energy Policy Act of 2005. The guidelines provide compliance requirements, detailed definitions, and examples for states choosing to implement the secondary containment provision. The guidelines do not require owners or operators to retrofit existing equipment. Instead, the guidelines only apply when owners or operators choose to replace existing equipment or install new equipment. By Feb. 8, 2007, states receiving federal funds under Subtitle I of the Solid Waste Disposal Act must implement either these guidelines or the financial responsibility and certification grant guidelines EPA plans to issue in the next few months. To ensure the grant guidelines are implemented with minimal disruption, EPA is giving states considerable flexibility to establish their own secondary containment programs. EPA recognizes that the law's Feb. 8, 2007 deadline is only a few months away and that some states may find it a challenge to implement the secondary containment requirements by that date. For states demonstrating good-faith efforts toward meeting the requirements, EPA has the flexibility to continue assisting those states as they implement their programs.

EPA Phases Out Pesticide AZM

The EPA is issuing its final decision to phase out the 10 remaining uses of the organophosphate insecticide azinphos-methyl () over the next few years. 

EPA is phasing out the use of AZM on brussels sprouts and nursery stock by September 2007; almonds, pistachios, and walnuts by October 2009; and apples, blueberries, cherries, parsley, and pears by September 2012. During the phase-out, the agency is decreasing application rates and increasing buffer zones. Registrants have voluntarily cancelled all other uses of AZM. To facilitate the transition to safer alternatives, growers, registrants, and other stakeholders will meet with EPA periodically during the phase-out to discuss alternatives to AZM. The pesticide manufacturers also have agreed to develop training materials to educate workers regarding how to avoid unnecessary exposure.

In June, EPA invited the public to submit comments on AZM for 60 days.

Through the pesticide reregistration and tolerance reassessment programs, EPA is ensuring that safe and effective pesticides are available in this country to support the production of an abundant, healthy food supply and to safely meet other pest control needs.

Euclid of Virginia Fined $3.1 Million for UST Violations in Va., Md., and D.C.

EPA announced that an administrative law judge has assessed a $3.1 million penalty against Euclid of Virginia, Inc., for not taking required measures to detect and prevent leaks from underground storage tanks (USTs) at 23 gas stations in Maryland, Virginia, and the District of Columbia.

 The judge ruled that Euclid failed to maintain required leak detection and control equipment and failed to perform required leak detection activities for 72 USTs at 23 gas stations.

“With millions of gallons of gasoline, oil, and other petroleum products stored in underground tanks, leaving them unchecked can cause major soil and groundwater contamination,” said Donald S. Welsh, regional administrator of EPA’s mid-Atlantic region. “We have invested extensive resources to ensure that underground storage tank owners comply with leak detection and prevention requirements.”

The judge found that, for certain facilities, Euclid failed to comply with corrosion-prevention standards and failed to install or maintain equipment to prevent releases of gasoline due to the overfilling of tanks or other spills when tanks are being filled. Finally, the judge ruled that Euclid did not maintain required financial assurances to respond and clean up potential fuel leaks or spills for its facilities in the District of Columbia.

The size of the penalty was due in part to the number of facilities and storage tanks and the extended period of violations. In addition, the penalty was justified by what the judge referred to as Euclid's “high degree of negligence” in allowing violations to continue despite numerous warnings.

Although the case was prosecuted by EPA, it resulted from close cooperation with the Maryland Department of the Environment, the Virginia Department of Environmental Quality, and the District of Columbia Department of the Environment.

The gas stations involved included 14 in Maryland (Baltimore, Brentwood, Camp Spring, District Heights, Frederick, Hyattsville, two facilities in Landover Hills, Langley Park, Mitchellville, Palmer Park, Pasadena, Silver Spring, and Trappe), two in Virginia (Chantilly and Ruckersville), and seven in the District of Columbia.

EPA and EPA-authorized state regulations are designed to reduce the risk of underground leaks and to avoid the costs of major cleanups. In several instances, owners of multiple facilities have entered into agreements with EPA to conduct audits of their facilities, with reduced penalties for violations discovered during such audits.

Pennsylvania to Control Mercury Emissions

Governor Edward G. Rendell announced that Pennsylvania’s Independent Regulatory Review Commission (IRRC) has approved a plan to cut toxic mercury emissions from coal-fired power plants in Pennsylvania by 90% by 2015. The state-specific plan would supersede a weaker rule put in place by the federal government.

“This is a landmark victory for environmental protection and public health in Pennsylvania,” Governor Rendell said. “We cannot accept that our state is laden with more toxic mercury pollution than nearly anywhere else in the nation and do nothing about it. The state-specific plan will change that by keeping our residents safe and the environment clean and enhancing efforts to attract new investment to our commonwealth with the promise of a higher quality of life.”

IRRC voted 3-2 to approve the two-step state-specific plan that requires an 80% reduction in mercury emissions by 2010 and a 90% reduction by 2015. Unlike the federal program, trading of mercury allowances is prohibited under Pennsylvania’s proposal.

The Department of Environmental Protection (DEP) has submitted the approved state-specific plan to the EPA for review. States had until November 17 to notify EPA about how they intend to comply with the federal rule or implement and enforce their own more protective standards for coal-fired power plants.

Pennsylvania’s rulemaking still requires review by the state attorney general before becoming final. The state legislature also reserved for itself an additional 14 days for possible further consideration of the plan.

IRRC’s approval follows a 17-3 endorsement in October by the state’s Environmental Quality Board (EQB), also an independent regulatory review panel. EQB received 10,934 responses–a record for a rulemaking in Pennsylvania–during a lengthy public comment period. Nearly all of the commentators supported Governor Rendell’s approach over the ineffective federal rule; fewer than three dozen opposed the state plan.

Pennsylvania has 36 plants with 78 electric generating units that represent 20,000 megawatts of capacity. The commonwealth is second, behind only Texas, both in terms of total mercury emissions from all sources and the total amount of mercury pollution coming from power plants. Nearly 80% of the five tons of mercury emitted in Pennsylvania comes from power plants.

Mercury is a persistent, bioaccumulative neurotoxin that can remain active in the environment for more than 10,000 years. It endangers pregnant women, children, subsistence fishermen, and recreational anglers who are most at risk for health effects that include brain and nervous system damage in children and heart and immune system damage for adults.

The EPA Office of Wetlands, Oceans, and Watersheds found that a 30-percent to 100-percent reduction of mercury emissions nationally would translate into a $600 million to $2 billion cost savings. The cost savings were attributed largely to reduced health risks, including cardiovascular disease.

A study prepared by the Harvard Center for Risk Analysis revealed that EPA miscalculated the “nature of the risk involved” when it devised its rule. This study found the public benefit of reducing power plant mercury emissions to 15 tons per year ranges from $119 million annually (if only persistent IQ deficits from fetal exposures to methyl mercury are counted) to as much as $5.2 billion annually (if IQ deficits, cardiovascular effects, and premature mortality are counted).

The Centers for Disease Control and Prevention found that about 6 percent of women have mercury levels in their blood above what the National Academy of Sciences, the U.S. Food and Drug Administration, and EPA say is safe. That means each year an estimated 600,000 babies are born who have been exposed to unsafe levels of mercury in the womb.

 For releases, related articles and testimony, click on “Mercury Reduction Plan.” For a history on the rulemaking, use Keyword: “Mercury Rule.”

Genie Industries Fined $12,500 for Air-Quality Violations

Genie Industries in Moses Lake, Wash., is being fined $12,500 for releasing more toxic chemicals into the air than is allowed in the company's air-quality permit.

Headquartered in Redmond, Wash., Genie Industries manufactures material lifts, aerial work platforms, trailer-mounted booms and light towers, and other construction-related equipment.

The Department of Ecology (Ecology) approved Genie's air-quality permit in 2000, which included restrictions on the amount of paints and solvents the company could use each year at the facility. Annual reports submitted by Genie Industries show that the company has exceeded some of those restrictions since 2002.

The use of these products above permitted limits resulted in additional air-toxic emissions that were not evaluated during the original permit-approval process. Evaporation of these products contributes to toxic air pollution.

In addition, Genie Industries has violated air-quality regulations by generating toxic air emissions from a urethane catalyst–a process that was not submitted for review when the company applied for its permit.

"Reducing toxic threats is a top priority for Ecology and our state," said Grant Pfeifer who manages Ecology's Spokane office. "We don't have all the answers about how to get toxic chemicals out of the environment, but industries can help by following the terms of their permits."

When determining the penalty amount, Ecology took into consideration that Genie did not exceed any health-based emission standards, and that some of their coatings were collected and shipped off-site as hazardous waste.

Genie Industries may appeal this penalty to Ecology or to the state's Pollution Control Hearings Board within 30 days.

MassDEP Penalizes Aulson Company $31,615 After Multiple Environmental Violations

An inspection by the Massachusetts Department of Environmental Protection (MassDEP) of the Aulson Company has resulted in a $31,615 penalty due to multiple violations of environmental regulations involving hazardous waste management and wetlands uncovered at the 49 Danton Drive facility in Methuen, Mass.

The inspection by MassDEP on March 10 found inadequate hazardous waste training of personnel; improper storage and labeling of hazardous waste and waste oil; inadequate contingency plan (emergencies); failure to prevent destruction of bordering vegetated wetlands during construction; loose, dry asbestos on the floor of a waste trailer; and failure to notify MassDEP of the increase in the facility's generation of hazardous waste and waste oil.

"The Aulson facility was operating out of compliance on a variety of environmental fronts, and has now been given a roadmap to bring its operations back into shape by following the appropriate regulations," said Richard Chalpin, director of MassDEP's Northeast Regional Office in Wilmington.

In addition to the penalty, Aulson agreed to provide its employees with proper training, ensure that all hazardous waste and waste oil are managed appropriately, and file a wetlands restoration plan no later than June 30, 2007.

New York DEC Establishes Procedure for Notifying Media of Spills

Federal and New York State laws require the notification of government agencies when certain releases of pollutants, petroleum, and other hazardous materials occur. The New York State Department of Environmental Conservation's (DEC) Spill Response Program operates the New York State Spill Hotline—(800) 457-7362—to receive the reports and notify DEC's trained technical responders. These staff members then take appropriate action to ensure that containment, cleanup, and disposal are completed to help ensure protection of public health and the environment.

New state legislation (Chapter 616 of the laws of 2006) amended the Environmental Conservation Law to require the DEC to provide notification to local officials and the public of reports when certain spills of specific DEC-regulated hazardous materials occur.

As required by the new law, within 48 hours of a spill reported to the state, DEC must notify the chief executive officer of the village, town, or city in which the spill occurred and that meets the following criteria:

• The material spilled is a hazardous substance listed in 6NYCRR Part 597 (which does not include petroleum).
• The spiller is in actual or constructive possession or control of more than 1,100 gallons of the substance.
• The spill could reach the lands or waters of the state (including groundwater).

When a spill meeting these criteria occurs, DEC will provide local officials with information regarding the spill along with a summary of the requirements of this new law. If the spill has the potential to impact adjacent communities, the DEC will also provide notification to officials representing these areas.

Also required by the new law, the DEC will notify the public through local media of spills that meet these criteria. As spills meeting these criteria are reported, the DEC will begin supplying media advisories of the spill with the information provided to DEC at the time the spill was reported. It is important to note that the spill may be undergoing additional investigation. Information about the spill's size, composition, or cause is subject to change as the investigation continues.

The spill media advisory will include a DEC contact for additional spill information. 

Half of Texas’ Environmental Penalties Last Month Assessed Against One Company

The Texas Commission on Environmental Quality (TCEQ) approved penalties totaling $826,807 against 65 regulated entities for violations of state environmental regulations. Agreed orders were issued in the following enforcement categories: 12 air quality, 18 dry cleaner, 4 Edwards Aquifer, 1 industrial hazardous waste, 1 industrial waste discharge, 2 multi-media, 1 municipal solid waste, 1 municipal waste discharge, 8 petroleum storage tank, 7 public water system, 1 sludge, 1 wastewater operator certification, and 5 water quality. Default orders were issued in the following categories: 1 Edwards Aquifer, 1 air quality, and 1 water quality.

Included in the total fine figure is a penalty of $421,941 against Huntsman Petrochemical, in Jefferson County, Texas for air violations. The agreed order resulted from 66 violations found during investigations dating from May 18, 2004 to Nov. 9, 2005. Violations include exceeding emissions limits and failure to properly report emission events.

New Mailing Address for Virginia DEQ

Effective immediately, the mailing address for the Department of Environmental Quality's central office in Richmond, Va., is changing. The new address is:

Department of Environmental Quality
P.O. Box 1105
Richmond, Va. 23218

There also is a new mailing address for payments sent to DEQ:

Department of Environmental Quality
Receipts Control
P.O. Box 1104
Richmond, Va. 23218

DEQ's street address on Main Street in Richmond is unchanged.

Sen. Obama Urges DOE Not to Sell Surplus Mercury

The U.S. Department of Energy (DOE) is considering selling some 1,300 tons of surplus mercury on the international market, prompting urgent warnings from health organizations that the toxic metal would easily find its way back into the domestic food chain from the developing world where it's typically used today.

Word of the possible sale also sparked a formal request by Sen. Barack Obama (D-Ill.) to the agency to keep the mercury safely in storage and out of the environment. The senator was joined by the Natural Resources Defense Council (NRDC) and the Mercury Policy Project in warning that U.S. mercury exports will "boomerang" back to the United States. Mercury exports often go to poorly regulated industries in developing countries, which release it into the atmosphere. Some of that air pollution wafts over the ocean and back to the United States, contaminating ocean and freshwater fish.

"There is no question that mercury