EPA Expands List of TRI Chemicals

 EPA is adding this chemical category to the EPCRA section 313 list pursuant to its authority to add chemicals and chemical categories because the Agency has determined that this category meets the EPCRA section 313(d)(2)(C) toxicity criterion.

According to EPA, chemicals in this category are known to cause or can reasonably be anticipated to cause significant adverse acute human health effects at concentration levels that are reasonably likely to exist beyond facility site boundaries as a result of continuous, or frequently recurring, releases.

The category includes the following substances:

This final rule is effective on September 30, 2014, and will apply for the reporting year beginning January 1, 2015 (reports due July 1, 2016).

EPA Releases Greenhouse Gas Emissions Data from Large Facilities

EPA released its fourth year of Greenhouse Gas Reporting Program data, detailing greenhouse gas (GHG) pollution trends and emissions broken down by industrial sector, geographic region, and individual facilities. In 2013, reported emissions from large industrial facilities were 20 million metric tons higher than the prior year, or 0.6%, driven largely by an increase in coal use for power generation.

“Climate change, fueled by greenhouse gas pollution, is threatening our health, our economy, and our way of life—increasing our risks from intense extreme weather, air pollution, drought, and disease,” said EPA Administrator Gina McCarthy. “EPA is supporting the President’s Climate Action Plan by providing high-quality greenhouse gas data to inform effective climate action.”

The Greenhouse Gas Reporting Program is the only program that collects facility-level GHG data from major industrial sources across the US, including power plants, oil and gas production and refining, iron and steel mills, and landfills. The program also collects data on the increasing production and consumption of hydrofluorocarbons (HFCs) predominantly used in refrigeration and air conditioning.

Over 8,000 large-emitters reported direct GHG emissions to the program in 2013, representing approximately 50% of total US emissions. The data from these facilities show that in 2013:

• Power plants remained the largest source of US GHG emissions, with over 1,550 facilities emitting over 2 billion metric tons of carbon dioxide, roughly 32% of total US GHG pollution. Power plant emissions have declined by 9.8% since 2010, but there was an uptick in emissions of 13 million metric tons in 2013 due to an increased use of coal.
• Petroleum and natural gas systems were the second largest stationary source, reporting 224 million metric tons of GHG emissions, a decrease of 1% from the previous year.
• Reported methane emissions from petroleum and natural gas systems sector have decreased by 12% since 2011, with the largest reductions coming from hydraulically fractured natural gas wells, which have decreased by 73% during that period. EPA expects to see further emission reductions as the agency’s 2012 standards for the oil and gas industry become fully implemented.
• Refineries were the third largest stationary source, reporting 177 million metric tons of GHG emissions, up 1.6% from the previous year.
• Reported emissions from other large sources in the industrial and waste sectors increased by 7 million metric tons of GHG pollution, up 1% from 2012.

 EPA’s pollution standards for cars and light trucks for model years 2012-2025 will save Americans more than $1.7 trillion at the pump. In addition, the agency’s partnerships with industry have prevented more than 365 million metric tons of GHG pollution, equal to the annual electricity use of more than 50 million homes.

EPA Updates Dietary Exposure Analysis Model

EPA has updated the Dietary Exposure Evaluation Model-Food Commodity Intake Database /Calendex to include more recent food consumption data. New online applications will also make it easier to access and interpret the data.

DEEM-FCID/Calendex is a dietary exposure analysis model for performing chronic and acute exposure assessments. DEEM-FCID/Calendex can be used to estimate dietary intake of toxicants, nutrients, pesticides, food additives, and natural constituents—in other words, for any component of food or water. The software also allows for estimation of exposures for each eating occasion rather than considering the entire day’s food and drink intake at once. This allows EPA to make more refined risk assessments where appropriate.

New Report Finds Human-Caused Climate Change Increased Severity of 2013 Heat Waves

. Published by the Bulletin of the American Meteorological Society, "Explaining Extreme Events of 2013 from a Climate Perspective" addresses the causes of 16 individual extreme events that occurred on four continents in 2013. NOAA scientists served as three of the four lead editors on the report.

Of the five heat waves studied in the report, human-caused climate change-primarily through the burning of fossil fuels-was found to have clearly increased the severity and likelihood of those events. On the other hand, for other events examined like droughts, heavy rain events, and storms, fingerprinting the influence of human activity was more challenging. The influence of human-caused climate change on these kinds of events was sometimes evident, but often less clear, suggesting natural factors played a far more dominant role.

"This annual report contributes to a growing field of science which helps communities, businesses, and nations alike understand the impacts of natural and human-caused climate change," said Thomas R. Karl, L.H.D., director of NOAA's National Climatic Data Center. "The science remains challenging, but the environmental intelligence the report yields to decision makers is invaluable and the demand is ever-growing."

Confidence in the role of climate change about any one event is increased when multiple groups using independent methods come to similar conclusions. For example, in this report, five independent research teams looked at specific factors related to the record heat in Australia in 2013. Each team consistently found that human-caused climate change increased the likelihood and severity of that event. However, for the California drought, which was investigated by three teams from the United States, human factors were found not to have influenced the lack of rainfall. One team found evidence that atmospheric pressure patterns increased due to human causes, but the influence on the California drought remains uncertain.

When human influence for an event cannot be conclusively identified with the scientific tools available, this means that if there is a human contribution, it cannot be distinguished from natural climate variability.

"There is great scientific value in having multiple studies analyze the same extreme event to determine the underlying factors that may have influenced it," said Stephanie C. Herring, Ph.D., lead editor for the report at NOAA's National Climatic Data Center. "Results from this report not only add to our body of knowledge about what drives extreme events, but what the odds are of these events happening again-and to what severity."

Key findings include:

US Drought:

Three independent studies, which examined Pacific sea surface temperatures and atmospheric anomalies, did not find conclusive evidence for the impact of human-caused climate change on the ongoing rainfall deficit in California. One paper found evidence that atmospheric pressure patterns increased due to human causes, but the influence on the California drought remains uncertain.

US Rainfall Events:

In examining pre-industrial and modern-day Colorado rainfall events, a study using a single model found that the probability of another extreme 5-day rainfall, like the one that caused widespread flooding in Boulder, is estimated to have decreased because of human-caused climate change. However, the study notes that additional research using more models is needed.

2013 US seasonal precipitation extremes are primarily attributed to natural variability but with some evidence for human influences on the climate having increased the likelihood of such extremes.

US Storm:

A blizzard that struck South Dakota in October was unusually strong for early autumn, but not unprecedented in terms of atmospheric pressure. But there is evidence at present to suggest early autumn extreme snowfall events in western South Dakota are less likely to occur as a result of human-caused climate change.

Australian and New Zealand Heat Waves:

In running multiple global climate models, five independent studies all pointed toward human influence having a substantial increase in the likelihood and severity of the record 2013 temperatures in Australia.

For New Zealand, model runs show human-caused climate change caused meteorological conditions that were more favorable for drought in 2013.

Asian Heat Waves and Extreme Precipitation:

Japan, Korea, and China all experienced extremely hot summers in 2013. Studies of these events concluded that human-caused climate change made these heat waves more likely.

With an early arrival of monsoon-like atmospheric circulation in June, the heavy precipitation that occurred in northern India was a once-in-a-century event; however, analyses of observed and simulated June precipitation provide evidence that human-caused climate change has increased the likelihood of such an event.

European events:

In studying the extreme cold UK spring, for which an extreme, naturally occurring North Atlantic Oscillation was found to have been the major factor, long-term warming due to human-caused climate change has made such a severe cold 30 times less likely.

Along with natural variability of North Atlantic sea surface temperatures, human-caused climate change played a substantial part in Western Europe's 2013 hot and dry summer.

Winter 2013 was southern Europe's second wettest. Despite this precipitation extreme, no evidence of human-caused climate change could be found through modeling efforts.

Through model- and observation-based analyses, no evidence was found that human-caused climate change made the heavy precipitation of spring 2013 in the upper Danube and Elbe basins more likely.

Cyclone Christian, a strong storm in October 2013 over northern Germany and Southern Denmark, was part of the multi-decadal variability that has increased storminess during recent decades.

Although a rare weather event, an examination of multiple datasets concluded natural climatic variability was found to be a main driver of the Pyrenees Snow Fall in January to June 2013.

Training on 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.

Knoxville RCRA and DOT Training

Mobile, Alabama, RCRA and DOT Training

Cary DOT and IATA Training

EPA’s New Solvent Wipe, Shop Towel Rule Demystified

• Does the rule apply to both cloth and paper wipes and rags?
• What solvents can be on the towels, and which are prohibited?
• Does the rule also apply to towels that contain characteristic hazardous waste?
• Can P or U-listed wastes be on the towels?
• How must the towels be stored on-site?
• Do they need to be tested for anything?
• How long can they be stored?
• How must the containers be marked or labeled?
• How must they be prepared for transportation?
• Where can you ship them and what are the disposal and recycling options?
• What are the documentation requirements?
• How is the new rule impacted by current state regulations?

Major Source Determination for Oil and Gas Extraction Facilities

EPA is proposing to define certain terms within the Prevention of Deterioration (PSD) and Nonattainment New Source Review (NNSR) programs as they apply to the oil and gas extraction industry. These additional definitions will assist permitting authorities in making major stationary source determinations for the oil and gas industry.

The lack of clarity regarding these terms has resulted in confusion for the regulated community and for permitting authorities, including EPA's regions. EPA plans on publishing a notice of proposed rulemaking in the Federal Register in May 2015.

EPA to Revise Accidental Release Prevention Regulations

In response to Executive Order 13650, the EPA is considering potential revisions to its Risk Management Program regulations and related programs.

This notice, which is expected in September 2015, may propose changes to the list of regulated substances and threshold quantities, addition of new accident prevention or emergency response program elements and/or changes to existing elements, and/or other changes to the existing regulatory provisions.

EPA Proposes to Expand National Contingency Plan Notification Methods

 Currently, the NCP requires that the public be notified of certain Superfund activities by publishing a notice in a major local newspaper of general circulation. By broadening the notification methods, the lead agency will be able to adopt a notification approach that is most effective at informing a community. For example, the public may be notified of certain actions the lead agency takes by distributing flyers door-to-door, mailing notices to homes, sending email notifications, making telephone calls, or posting on Web sites.

Oil and Natural Gas Sector: Reconsideration of Remaining Provisions of New Source Performance Standards

In 2012, EPA promulgated the Oil and Natural Gas Sector: New Source Performance Standards. We received several petitions for administrative reconsideration of the rule. Certain time critical issues were addressed in a reconsideration EPA promulgated in 2013.

When evaluating the additional issues raised in the petitions for reconsideration, EPA received significant additional information requiring further evaluation of potentially significant sources of emissions currently uncovered by the NSPS, including, completions of hydraulically fractured oil wells, liquids unloading, and leaks. The proposal, which is expected in January, 2015, will include regulation of additional sources deemed appropriate, and will address remaining implementation issues, such as monitoring and testing of storage vessel control devices.

New York Reaches Agreement With Natural Gas Developers to Increase Disclosure of Fracking Risks to Investors

New York Attorney General Eric T. Schneiderman announced agreements with two natural gas development companies that will ensure the public disclosure of information on the financial risks that hydraulic fracturing—commonly referred to as fracking—poses to their investors. Under the agreements, Anadarko Petroleum Corp. (Anadarko) and EOG Resources, Inc., (EOG) commit to providing publicly accessible information on the financial effects of regulation, litigation, and environmental impacts of their fracking operations.

“Investors and the public have a right to know all relevant information about the environmental, financial, and regulatory risks associated with the companies they are considering investing in,” said Attorney General Schneiderman. “By joining with my office to commit to greater public disclosure of the environmental and financial risks associated with their actions, these companies are setting a strong example for the rest of their industry.”

In their agreements with Attorney General Schneiderman, Anadarko and EOG committed to disclose certain detailed information related to fracking operations in their federal securities law filings such as the Form 10-K, the annual summary report on a company’s performance required by the Securities and Exchange Commission (SEC). The agreements also committed the companies to make certain additional information related to their fracking operations available through other publicly accessible sources such as company websites, annual reports to shareholders, and environmental or safety reports.

Under the agreements, the companies committed to disclose information and analyses concerning:

• Financial risks posed by the environmental impacts associated with fracking—such as effects on drinking water aquifers, as well as those arising from chemical use and handling, water use and wastewater handling and disposal, and air emissions—and detailed discussions of the companies’ efforts to minimize these environmental impacts
• Financial risks posed by present and probable future regulation and legislation related to fracking, such as state or federal moratoriums, local bans or restrictive ordinances, or requirements for disclosure of chemicals used in fracking fluids
• Company strategies and actions for reducing, offsetting, limiting, or otherwise managing the financial effects of regulation, litigation, or environmental impacts related to fracking

EOG explores for, develops, produces, and markets crude oil and natural gas. The company has reported over 5,000 billion cubic feet of estimated net proved natural gas reserves, located predominately in the United States, Canada, and Trinidad. Anadarko’s operations in the United States include oil and natural gas exploration and production onshore and in the Gulf of Mexico. Both EOG and Anadarko have conducted fracking in the Marcellus Shale formation in Pennsylvania, as well as in other geological formations and states.

Richard Liroff, Executive Director of the Investor Environmental Health Network, said, “These agreements give a boost to investors seeking increased disclosures about fracking. Attorney General Schneiderman’s agreements represent important progress in illuminating for investors how well companies are managing fracking’s environmental risks and community impacts.”

Mindy Lubber, president of Ceres, a nonprofit sustainability group that coordinates a $11 trillion investor network, said, “Without robust reporting, shareholders cannot be assured that a company is taking tangible steps to minimize the risks associated with fracking. These agreements with Anadarko and EOG will set a bar for stronger disclosure that the rest of the industry should follow."

In June 2011, the OAG subpoenaed Anadarko and EOG and other companies seeking information regarding their disclosure practices related to the development of oil and gas through hydraulic fracturing. The Attorney General issued subpoenas under New York State’s Martin Act, a 1921 state securities law that grants the Attorney General broad powers to access businesses’ financial records. The companies subsequently provided responsive documents to the OAG and have voluntarily increased the information regarding natural gas development involving fracking that they provide to investors in their SEC Form 10-K filings, as well as on their websites. The agreements, known as Assurances of Discontinuance, conclude the OAG’s investigations into Anadarko and EOG.

The OAG is continuing to evaluate information related to the disclosure practices of other companies.

Dog Waste Contaminates our Waterways

Americans love their dogs, but they don’t always love to pick up after them. And that’s a problem. Dog feces left on the ground wash into waterways, sometimes carrying bacteria—including antibiotic-resistant strains—that can make people sick.  Orin C. Shanks, Hyatt C. Green and colleagues explain that our waterways are susceptible to many sources of fecal contamination, including sewage leaks and droppings from farm animals and wildlife. Contamination from dog feces is a concern because it can harbor antibiotic-resistant strains of E. coli and other bacteria and parasites that can infect humans—and there are nearly 70 million domesticated dogs in the US. Scientists have had few tools to determine the extent to which waste from dogs is adding to the pathogens in rivers, lakes, and beachfront surf. Current methods look for certain genes from gut bacteria that end up in dog feces. However, this is not foolproof—the microbiota of humans and the canine pets they live with often overlap, making the analysis complicated. So Shanks’ team set out to create a more specific test.

The researchers developed a new genetic testing method to specifically detect canine fecal contamination in water. They identified 11 genetic markers that were common among most of the dog samples but missing from the human ones. To determine whether their method would work for real-world monitoring, they sampled storm water from a rain garden where people often walk their dogs. The technique successfully detected some of the same markers they had identified as evidence for canine waste.

Ace Galvanizing Settles Hazardous Waste Violations

Washington Department of Ecology inspectors found repeated violations of dangerous waste regulations at the Ace Galvanizing, Inc., facility at 429 South 96th St. south of Seattle during four site visits in 2012, 2013, and 2014. Ace Galvanizing has since cooperated with Ecology and come into compliance with the regulations.

The company cleans steel and iron parts and covers them with a rust-resistant coating.

The violations at Ace Galvanizing included not properly labeling dangerous waste containers, not keeping the containers closed, and not dating containers to ensure disposal within a required 90-day limit.

 “It is important to ensure fair and consistent compliance with these safety, health, and environmental protections industry-wide.”

Ecology originally set the penalty at $36,000. Ace Galvanizing entered into an expedited settlement agreement to reduce the recommended penalty by one-third. The company also waives its right to appeal the penalty. The settlement saves the state, taxpayers, and Ace Galvanizing the expense of appeal litigation.

“Ace Galvanizing remains committed to full compliance with environmental regulations,” said Loren McConnell, the company’s president. “We have taken steps under our new ownership to prevent recurrence of these problems. We are providing ongoing training to ensure that all our workers understand the issues related to compliance with environmental regulations.”

EPA Fines Idaho Construction Company and Developer for Boise Stormwater Violations

. As part of this settlement, the Jayo entities agreed to pay a penalty of $14,100.

Under the permit, developers and construction companies must design, install, and maintain stormwater controls to prevent construction area runoff from polluting nearby streams and lakes. Without these controls, pollutants typically associated with construction sites, such as sediment, oil and grease, and concrete washout can enter nearby waterways.

“Stormwater poses a serious pollution threat to Idaho’s rivers, lakes, and streams,” said Jeff KenKnight, manager of EPA’s Clean Water Act Compliance Unit in Seattle. “Developers need to follow the law and make preventing polluted run-off from leaving their construction sites a top priority, or pay serious penalties.”

In this case, EPA’s inspector entered the site to warn the operator that severe storms were imminent and that additional pollution prevention controls needed to be installed immediately to prevent potential discharges. The same inspector revisited the site—in driving rain—the next day to find the necessary control measures still missing, with torrents of muddy water leaving the site and entering nearby storm drains, which discharge to the Boise River. Nearby storm water discharges, including discharge from the site, even overwhelmed a nearby Ada County Highway District stormwater retention pond, which drains to the Boise River.

Alleged violations at the construction site were captured in 14 individual counts, including: Failure to install and maintain adequate erosion and sediment controls; failure to prevent dust and dirt from migrating off-site and onto nearby roads; failure to update the Stormwater Pollution Prevention Plan; and failure to conduct sufficient self-inspections at the site.

US DOT Approves Special Permit for the Safe Transport of Ebola Infected Medical Waste for Disposal

This afternoon, the US Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) in coordination with the Centers for Disease Control and Prevention (CDC) announced that it has issued an emergency special permit allowing a Lake Forest, Illinois-based company to transport large quantities of Ebola-contaminated waste from Texas Health Presbyterian Hospital Dallas for disposal.

The special permit will cover all of Texas, not just waste originating at Texas Health Presbyterian Hospital Dallas, which is beneficial should another diagnosed case present itself in the state. The special permit also extends to the removal of household hazardous material, including the patient’s home. Special permits are issued to individual companies to ensure that each holder is fit to conduct the activity authorized. PHMSA has been in proactive discussions with CDC to prepare guidance to address emerging issues elsewhere in the United States should they develop.

The special permit issued recently offers Stericycle, Inc., two alternative options for packaging the waste material prior to transport. Both options require a series of inner and outer packaging and the application of a CDC-authorized disinfectant to the inner packaging. The special permit also provides instructions for operation controls during transport, and requires the carrier to maintain a written spill response plan with guidelines for protecting employees and decontaminating any released material in the event of an accident.

The treatment of Ebola patients creates a relatively large quantity of contaminated medical waste.

While the US DOT’s PHMSA approves the special permit to Stericycle, the contract for services is between the company and Texas Health Presbyterian Hospital Dallas. All questions related to the terms of the contract and operational logistics such as the costs, the times of pick up, disposal locations, the volume of materials, etc., should be answered by the state of Texas health officials or the hospital.

Surf City Resident Pleads Guilty to Violating the Clean Water Act and the Rivers and Harbors Act

United States Attorney Thomas G. Walker announced recently in federal court, before Senior United States District Judge James C. Fox, that David Wayne Luther, 63, of Surf City, North Carolina, entered a guilty plea to violating the Clean Water Act and the Rivers and Harbors Act.

According to information in the public record, on July 29, 2012, officers with the North Carolina Marine Patrol responded to a complaint of dredging in waters near Surf City, North Carolina. North Carolina Marine Patrol officers determined that Luther was "prop washing" with the M/V The Raven. The officers ordered Luther to cease and desist dredging activities. Approximately three hours later, the North Carolina Marine Patrol received another complaint of dredging activity by Luther. On July 30, 2012, a Coastal Area Management Act (CAMA) representative took measurements at the violation site and confirmed unauthorized dredging activity.

“The dredging of federal waterways is strictly regulated to protect water quality and wildlife,” said Maureen O’Mara, Special Agent in Charge of EPA’s criminal enforcement program in North Carolina. “The defendant repeatedly dredged material in an environmentally sensitive area that has been designated an essential fish habitat. EPA will hold violators accountable as part of its mission to protect human health and the environment.”

On August 10, 2012, CAMA issued a Notice of Violation and Request to Cease Unauthorized Development to Luther. A copy of the Notice was hand delivered to Luther on August 14, 2012. During the morning of August 14, 2012, CAMA received an anonymous complaint alleging dredging activity during the nighttime hours involving the M/V The Raven at the violation site. During the afternoon of August 14, 2012, a multi-agency site visit confirmed additional dredging activity at the original violation site. The violation site was determined to be a Primary Nursery Area for oysters.

The maximum penalty that Luther faces at sentencing for both counts is a total of two years imprisonment, and a maximum total fine of $200,000. Pursuant to his plea agreement, Luther has also agreed to purchase .21 acres of coastal wetland restoration in order to compensate for impacts to wetlands and other jurisdictional waters impacted from his criminal conduct prior to sentencing hearing. If he fails to make the purchase, Luther has agreed not to contest a $50,000 additional fine.

The criminal investigation was conducted by the EPA’s Criminal Investigation Division, the North Carolina State Bureau of Investigation, the US Army Corps of Engineers, and North Carolina Marine Patrol. Assistant US Attorney Banumathi Rangarajan is handling the prosecution of the case.

Suncor Energy to Pay $230,400 for Risk Management Planning and Chemical Reporting Violations

 The agreement resolves alleged violations of the risk management planning requirements of the CAA and Toxic Release Inventory reporting requirements under EPCRA.

The risk management planning provisions of the CAA require facilities that store chemicals in amounts exceeding regulatory thresholds to develop and implement plans to assist with emergency preparedness, chemical release prevention, and the minimization of any releases that may occur. The Suncor Refinery processes flammable substances and hydrogen sulfide over the 10,000 lb threshold levels. EPA inspectors found that the facility had not adequately implemented the risk management planning requirements for these chemicals. These deficiencies included compiling incomplete process safety information and the failure to follow procedures for maintaining process equipment.

 The failure to file TRI forms deprives local communities of the right to know about the chemicals present on site. Suncor Refinery has since corrected all the alleged violations.

"Risk management plans and the Toxic Release Inventory protect communities by making sure that facilities provide transparent information and have procedures in place to prevent and respond to potential releases of the chemicals they use,” said Suzanne Bohan, EPA’s enforcement program director in Denver. “EPA appreciates Suncor’s responsiveness in addressing these deficiencies.”

The required information also protects the validity of health studies based on the TRI database and helps federal, state, and local authorities plan for emergencies.

Approximately 70% of the population in a 2.4-mile area around the facility is minority and low income.

Griffin Pipe Products Fined $950,000 for Environmental Violations

Although Griffin Pipe’s Council Bluffs location has ceased production for business reasons, if the facility reopens the settlement agreement requires Griffin to lower its lead air pollution emissions. Reductions in lead pollution are a priority as the Council Bluff’s area is currently designated as nonattainment for the lead national ambient air quality standard (NAAQS).

The Iowa Department of Natural Resources referred this matter to EPA after Griffin Pipe conducted stack tests at its facility in 2009. For all three tests, the facility’s lead emissions exceeded limits established in its Air Quality Construction Permit and Title V Operating Permit. Additional testing in 2009 revealed that particulate matter emissions also exceeded permitted limits. EPA issued a Notice of Violation to Griffin Pipe in July 2010.

These discharges exceeded the effluent limits for lead and zinc. In March 2011, EPA issued an administrative order to the company for violations of its stormwater permit. 

The company has installed a $14 million baghouse that eliminated the majority of pollutants in its wastewater discharges and significantly improved air emissions.

As part of the settlement agreement, Griffin Pipe Products has certified that it is now in compliance with the CAA and the CWA. The consent agreement is subject to a 30-day public comment period before it becomes final.

New Study Explains Wintertime Ozone Pollution in Utah Oil and Gas Fields

The study comes at a time when new technologies are helping to accelerate oil and gas development in Utah’s Uintah Basin, elsewhere in the US and in many other countries, and its findings may help air quality managers determine how to best minimize the impact of ozone pollution.

When ozone levels spike, EPA experts recommend that people, especially those in sensitive groups—children, the elderly, and anyone with pre-existing respiratory conditions—limit time outdoors. 

 In winter, warm air aloft can trap cold air below, creating an inversion that concentrates VOCs. The presence of snow increases light reflection and accelerates ozone production.

For instance, in 2013, ozone in Ouray, Utah, exceeded the national air quality standards 49 times during the winter season. By contrast, in the densely populated, urban area of Riverside, California, the standards were exceeded about half that amount that same year, but during the summer.

 “Under wintertime conditions, the much higher VOCs in Utah break down to make carbonyl compounds, which set off the ozone production.” The research is based on data collected in a series of wintertime studies in Uintah Basin led by James Roberts, of NOAA’s ESRL. “We encountered a range of conditions during the three winters, from snowy in 2013 and 2014, to virtually no snow in 2012,” said Roberts. “Oil and gas emissions of VOCs were high in all three years, but high ozone occurred only in the cold, snowy stagnant periods.”

Researchers from NOAA, CIRES, and other institutions made detailed measurements of ozone and the chemical ingredients, such as VOCs and nitrogen oxides, that “cook up” into the pollutant, and they used chemical models to better understand the chemistry behind the wintertime ozone formation. “These studies in Utah have caused us to think about air pollution chemistry a little differently,” said coauthor Joost de Gouw, a researcher with CIRES working at NOAA ESRL. “Our findings could help state and local air quality managers who are faced with ozone episodes to design policies, and industry representatives to meet air quality standards in the regions where they operate.”

EPA Reaches Clean Water Act Settlement with Two Coal Companies

Two coal companies in Eastern Kentucky have agreed to resolve violations of the CWA according to settlements with the EPA. Appolo Fuels, Inc. (Appolo), a coal company based in Middlesboro, Kentucky, will pay a total civil penalty of $135,000 for filling in streams, a violation of Section 404 of the CWA. Coal Operators 1, LLC, Coal Essence Preparation Plant (formerly known as the Viking Preparation Plant), in Pikeville, Kentucky will pay a total civil penalty of $110,000 for violations of Section 402 of the CWA.

Under the terms of the agreement, Appolo will remediate impacts to waters of the United States through a combination of on-site restoration and after-the-fact permit authorization from the Army Corps of Engineers, Nashville District (Corps). Coal Operators payment of the civil penalty payment will resolve the alleged violations of its Kentucky Pollution Discharge Elimination Systems (KPDES) permit.

“By taking these actions, EPA is demonstrating a strong commitment to protecting water quality for the citizens of eastern Kentucky,” said EPA Regional Administrator Heather McTeer Toney. “In order to protect our region’s waters, it is important for companies to comply with state and federal laws that are essential to protecting the integrity of the nation’s waters, wetlands, and streams.”

Appolo Fuels, Inc.

EPA alleges that during the course of mining at the Jellico Surface Mine #1 near Fonde, in Bell County, Kentucky, Appolo impacted approximately 1,195 linear feet of two unnamed tributaries to Clear Fork of the Cumberland River. Impacts included the deposition of dredged and/or fill material into waters of the US during the construction of one hollow fill and two sediment retention ponds. Under the federal CWA, a permit from the Corps is required to place fill material into waters of the US.

Appolo has agreed to restore 790 linear feet of water of the US through removal and restoration of the two sediment ponds, and will seek after-the-fact permit authorization from the Corps for 405 linear feet of fill to remain in place in the hollow fill. Permit authorization is to include the purchase of stream mitigation credits from the Kentucky Department of Fish and Wildlife Resources’ in-lieu-fee stream mitigation program in the amount of $89,003. After restoration is complete, Appolo will monitor the restored streams for five years and submit annual monitoring reports to the EPA detailing the success of the restoration activities.

Coal Operators 1, LLC

EPA alleges that Coal Operators violated several provisions of its KPDES Permit. Alleged violations include: (1) allowing stormwater runoff from a coal refuse pile and haul road to flow into Hopkins Creek; (2) not maintaining an adequate Best Management Practices Plan (“BMPP”) that contains all necessary elements, in accordance with the Permit; (3) having an unpermitted outfall; (4) not submitting a Quality Assurance Project Plan (“QAPP”) to the Commonwealth in a timely manner; (5) not reporting certain information on its discharge monitoring reports (“DMRs”); (6) lacking continuous proper operation and maintenance of all facilities and systems of treatment and control; and (7) discharging pollutants in violation of the Permit’s effluent limitations. Coal Operators previously entered into an Administrative Order on Consent (“AOC”) with the EPA to perform corrective actions to address these violations and has submitted to the EPA additional information that indicates that Coal Operators has implemented the necessary measures to comply with the terms of the AOC.

Saltwater Disposal Well Operator Pleads Guilty to Multiple Felony Charges in Connection with Operation of Well

Nathan R. Garber, 45, of Kalispell, Montana, pleaded guilty in federal court in Bismarck to eleven felony charges stemming from the operation of a saltwater disposal well near Dickinson, in Stark County, North Dakota, the Justice Department announced.

He also pleaded guilty to five counts of violating the Safe Drinking Water Act, two counts of making false statements, two counts of falsification of records, and one count of concealment or cover up of a tangible object.

The well, named the Halek 5-22, received “produced water” constituting “brine and other wastes” commonly and generically referred to as “saltwater.” “Saltwater” in this context covers a wide array of drilling waste fluids, including hydraulic fracturing fluid, which is water combined with chemical additives such as biocides, polymers, and “weak acids.” The EPA has stressed that this water is often saltier than seawater and can “contain toxic metals and radioactive substances.”

“Every aspect of domestic energy extraction, including the disposal of wastewater, must accord with the nation’s environmental laws that protect air, water, and soil from contamination,” said Sam Hirsch, the Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “The American people expect nothing less than safe, responsible, and legal behavior from those involved in oil and gas development in the Bakken and elsewhere. The Justice Department will vigorously prosecute those who violate this trust and the law.”

“The convictions secured today on 11 felony counts underscores the seriousness of the conduct here,” said US Attorney Timothy Purdon of the District of North Dakota. “Any time anyone in the Bakken oil boom region puts our water supplies at risk for contamination by intentionally breaking the laws in place to protect that water, the North Dakota US Attorney’s Office, the Department of Justice and our partners at Environmental Protection Criminal Investigation Division will use every tool at our disposal to ensure that these offenders are brought to justice. I want to particularly commend the Environmental Protection Agents based in Helena, Montana, who worked this case. Their commitment to this investigation, despite the fact that it being an eight-hour one-way drive from their office, never wavered. Their commitment to make sure that this complex investigation was handled with the professionalism and skill it needed deserves special recognition and underscores the importance of ensuring that the Bakken region has access to these skilled Agents on a permanent basis.”

“As oil and natural gas development continues, it must be done in a way that ensures drilling byproducts are disposed of safely and legally,” said Special Agent in Charge Jeffrey Martinez of EPA’s criminal enforcement program in North Dakota. “The defendant’s disregard of environmental regulation under the Safe Drinking Water Act put human health and the environment at serious risk. Today’s plea demonstrates that EPA and its law enforcement partners are committed to protecting North Dakota’s precious water sources and the communities that rely upon them.”

According to an agreed-upon factual statement filed in court, Garber admitted to conspiring with others in a number of coordinated and illegal acts. For instance, Garber injected saltwater into the well without first having the state of North Dakota witness a test of the well’s integrity, causing a regulator to determine that there was no assurance as to the integrity of the well and that “the fluid could be going anywhere.” Garber also violated a February 2012 order from the state to stop injecting until a well integrity test was done. When questioned by the state about these injections, Garber made false statements in a March 6, 2012, email where he denied that these injections occurred.

The well failed a pressure test on February 2, 2012, and Garber continued to inject saltwater even though he knew that the well did not have integrity and thus posed an increased risk of contaminating ground water.

Further, Garber moved a device called a “packer” up the wellbore in violation of the well’s permit, without first getting approval from the state. A properly placed packer is an essential device to maintaining integrity of the well and ensuring wastewater does not escape into surrounding soil and groundwater.

Then, Garber gave false information to a state inspector regarding the depth of the packer. A search warrant was executed at the well on November 20, 2013, and it was confirmed that the packer had been moved up in the wellbore and was significantly higher than the depth that had been initially represented by Garber. Despite illegally moving the packer on February 14, 2012, Garber continued to inject saltwater into the well until on or about March 5, 2012, when a state employee shut the well in.

The case was investigated by the EPA’s Criminal Investigation Division. Significant cooperation was provided by the North Dakota Industrial Commission (NDIC). The case is being prosecuted by the US Attorney’s Office for the District of North Dakota and the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.

EPA Settlement with the US Department of Agriculture Helps Protect Soil and Groundwater from Contamination

The Lake Moomaw Marina Store is owned by the US Department of Agriculture (USDA).

The required monthly and yearly inspections of leak detection equipment on an 8,000-gallon fiberglass reinforced plastic UST that stores gasoline will help prevent soil and groundwater contamination. The regular inspections will also help reduce the need for costly cleanups from accidental leaks.

EPA and state UST regulations are designed to reduce the risk of underground leaks and to promptly detect and properly address leaks thus minimizing environmental harm and avoiding the costs of major cleanups.

According to EPA, the USDA violated federal and Virginia UST regulations by failing to conduct release detection for several months, and failing to conduct required annual testing of the leak detection system. The USDA has agreed to pay a $14,143 penalty.

As part of the settlement, the USDA did not admit liability for the alleged violation, but has certified that it is now in compliance with leak detection monitoring requirements. The settlement penalty reflects the USDA’s cooperation with EPA in correcting the alleged non-compliance and resolving this matter.

Former Douglas Gas Station Owner Ordered to Pay $45,000 Civil Penalty for Underground Storage Tank Violations

A former owner of a Douglas gas station has been ordered to close his USTs and pay a $45,000 civil penalty for violations of Arizona’s UST storage tank laws and regulations.

A default judgment was entered in Maricopa County Superior Court during a hearing late last month against Frank Tadeo, who was doing business as Frank Tadeo Chevron. Tadeo failed to appear at the hearing.

The default judgment also noted that if Frank Tadeo Chevron, located at 1420 G Ave. in Douglas, does not permanently close four noncompliant USTs at the site on or before February 26, 2015, an additional $45,000 civil penalty will be imposed.

Routine inspections conducted in 2008 and 2013 revealed a continued history of non- compliance. As a result, ADEQ sought assistance from the Attorney General’s Office because of repeated violations. Tadeo has had an ongoing history of non-compliance including violations of temporary closure, release detection, financial assurance, and notification.

ADEQ required the tanks to be permanently closed in 2009 but Takeo has continued operating a used oil tank and has not measured and recorded the amount of oil in the tank. Tadeo also has not provided documentation of financial responsibility since 2003 and has provided no notice of taking the tanks out of service.

“We have tried for years to work with Mr. Tadeo to resolve these problems but he has been unresponsive,” ADEQ Director Henry Darwin said.

$4,500 Fine for Failing to Provide Notification of Hydraulic Fluid Spill

The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $4,500 penalty on County Waste & Recycling, Inc., of Clifton Park, New York, for violating state regulations following a hydraulic fluid spill in Southwick, MA.

On April 29, 2014, at about 1:30 p.m., a spill of an estimated 15 gallons of hydraulic fluid occurred due to the failure of a hose on a trash-compacting truck collecting residential solid waste on Honey Pot Road in Southwick. Hydraulic fluid was released and spread to approximately 500 feet of roadway.

County Waste personnel took steps to control the spill, and contacted a contractor who responded to complete cleanup actions. However, MassDEP and the Southwick Fire Department were not notified of the spill until 4:30 p.m. State regulations require that MassDEP be notified as soon as possible, but in no case greater than two hours after the operator of the vehicle, County Waste, became aware of the spill of greater than 10 gallons of hydraulic fluid. Once notified, MassDEP personnel responded to the location and supervised the cleanup.

To resolve the violation, County Waste agreed to the $4,500 penalty and is required to retrain its employees regarding notification requirements and appropriate response to spills of oil and other hazardous materials. County Waste has completed cleanup of the spill.

"In this case, prompt notification to MassDEP would have ensured earlier cleanup of the spill before a rain event that occurred and spread the oil to drainage swales adjacent to the roadway," said Michael Gorski, director of MassDEP's Western Regional Office in Springfield. "We appreciate that County Waste will be retraining employees to prevent this violation from occurring again."

EPA Inspection Finds Clean Water Act Violations by E and M Farms Inc.

As a result of an inspection of northeastern Iowa livestock operations by EPA Region 7 staff last spring, the owner of E&M Farms, Inc., has agreed to pay a $7,500 civil penalty to settle alleged violations of the CWA at its dairy operation near Ossian.

EPA’s inspection and sampling of E&M Farms, Inc., documented pollutant discharges from the 500-head dairy facility to Dry Branch Creek, a perennial stream. The pollutants observed during the inspection came from outdoor production areas, including outdoor confinement pens. Manure and process wastewater from these areas flowed through a culvert to the stream. Because the discharge was facilitated by a man-made conveyance, the dairy operation met the definition of a medium Concentrated Animal Feeding Operation (CAFO) and was subject to the CWA and federal regulation.

Manure and wastewater discharges from concentrated animal feeding operations and their land application areas can violate water quality standards, pose risks to human health, threaten aquatic life and its habitat, and impair the use and enjoyment of waterways.

Many dairies in Iowa have not sought CW