This final rule also implements certain provisions of the Hazardous Waste Electronic Manifest Establishment Act, Public Law 112-195, which directs EPA to establish a national electronic manifest system (or e-Manifest system), and to impose reasonable user service fees as a means to fund the development and operation of the e-Manifest system.
The rule indicates that electronic manifest documents obtained from the Agency’s national e-Manifest system are the legal equivalent of the paper manifest forms (EPA Forms 8700-22 and 8700-22A) that are currently authorized for use in tracking hazardous waste shipments. Upon completion of the e-Manifest system, the electronic manifest documents authorized by this final regulation will be available to manifest users as an alternative to the paper manifest forms, to comply with federal and state requirements respecting the use of the hazardous waste manifest. Users who elect to opt out of the electronic submittal to the e-Manifest system may continue to use the paper manifest to track their shipments during transportation, which then will be submitted by the designated facility for inclusion in the e-Manifest system. EPA recognizes that there will be a period of transition to electronic submittals and the Agency will, as it implements e-Manifest, assess what measures might be effective to expedite the transition from paper manifests to electronic manifests.
This final regulation further clarifies those electronic signature methods that the Agency recommends for executing electronic manifests in the first generation of the national e-Manifest system. This regulation also specifies how issues of public access to manifest information will be addressed when manifest data are submitted and processed electronically. Finally, this regulation announces, consistent with the mandate of the Hazardous Waste Electronic Manifest Establishment Act, that the final electronic manifest requirements will be implemented in all states on the same effective date for the national e-Manifest system. Authorized states must adopt program revisions equivalent to and consistent with EPA requirements, but EPA will implement these electronic manifest regulations unless and until the states are fully authorized to implement them in lieu of EPA.
This final rule is effective as a final agency action on August 6, 2014. However, the implementation and compliance date for these regulations will be delayed until such time as the e-Manifest system is shown to be ready for operation and the schedule of fees for manifest related services has been announced. EPA will publish a further document subsequent to this rule’s effective date to announce the user fee schedule for manifest related activities. EPA will announce the date upon which compliance with this regulation will be required and upon which EPA will be ready to receive electronic manifests through the national e-Manifest system, in accordance with 40 CFR 3.2(a)(2).
Once the national e-Manifest system is available, the use of electronic manifests will be the expected means for tracking hazardous waste shipments, although EPA will allow users to currently opt out of the electronic manifest and continue to use the paper forms. The Agency expects the use of electronic manifests to become the predominant means for tracking hazardous waste shipments. It is EPA’s goal to move to a fully electronic process and to maximize the use of electronic manifests, so that the full program benefits and efficiencies of electronic manifests can be realized as quickly as possible.
EPA’s New Solvent Wipe, Shop Towel Rule Demystified
Beginning this month, this new rule will provide significant new exclusions for shop towels and wipes, provided you manage them correctly.
- 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?
Chicago RCRA, DOT, and IATA/IMO Training
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How to Implement OSHA’s Globally Harmonized Hazard Communication Standard
OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, material safety data sheet (now called “safety data sheet” or SDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on SDSs.
EPA's 2012 Toxics Release Inventory Shows Air Pollutants Continue to Decline
The decrease includes an eight percent decline in total toxic air releases, primarily due to reductions in hazardous air pollutant (HAP) emissions.
“People deserve to know what toxic chemicals are being used and released in their backyards, and what companies are doing to prevent pollution,” said EPA Administrator Gina McCarthy. “By making that information easily accessible through online tools, maps, and reports, TRI is helping protect our health and the environment.”
The 2012 data show that 3.63 billion lb of toxic chemicals were either disposed or otherwise released into the environment through air, water, and land. There was also a decline in releases of HAPs such as hydrochloric acid and mercury, which continues a long-term trend. Between 2011 and 2012, toxic releases into surface water decreased three percent and toxic releases to land decreased 16%.
This is the first year that TRI has collected data on hydrogen sulfide. While it was added to the TRI list of reportable toxic chemicals in a 1993 rulemaking, EPA issued an Administrative Stay in 1994 that deferred reporting while the agency completed further evaluation of the chemical. EPA lifted the stay in 2011. In 2012, 25.8 million lb of hydrogen sulfide were reported to TRI, mainly in the form of releases to air from paper, petroleum, and chemical manufacturing facilities.
Another new addition to TRI reporting is a requirement for each facility located in Indian country to submit TRI reports to EPA and the appropriate tribe, and not the state where the facility is geographically located. EPA finalized this requirement in a 2012 rule aimed at increasing tribal participation in the TRI Program.
The TRI Program collects data on certain toxic chemical releases to the air, water, and land, as well as information on waste management and pollution prevention activities by facilities across the country.
The data are submitted annually to EPA, states, and tribes by facilities in industry sectors such as manufacturing, metal mining, electric utilities, and commercial hazardous waste. Many of the releases from facilities that are subject to TRI reporting are regulated under other EPA program requirements designed to limit harm to human health and the environment.
The Pollution Prevention Act of 1990 also requires facilities to submit information on waste management activities related to TRI chemicals.
EPA Enforcement Focuses on Major Environmental Violations
“Our enforcement work over the past year reflects our focus on the biggest violators and the cases that make the most difference in protecting American communities from pollution,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Big cases like the Deepwater Horizon disaster and Walmart’s illegal handling of pesticides and hazardous waste resulted in nationwide reforms and billions of dollars to help affected communities. We’ve reduced deadly air toxics from refineries and chemical plants and cleaned up toxic pollution in communities. We’re working with cities to cut discharges of raw sewage and contaminated stormwater to the nation’s waters. Driving compliance and deterring violations in these sectors is a critical way EPA protects the air, water and land on which Americans depend, and creates a level playing field for companies that do the right thing.”
Highlights from fiscal year 2013 include:
- EPA’s cases resulted in criminal sentences requiring violators to pay more than $4.5 billion in combined fines, restitution and court-ordered environmental projects that benefit communities, and more than $1.1 billion in civil penalties
- Walmart also paid more than $80 million in fines and penalties for mishandling pesticides and hazardous waste.
- Reducing emissions from coal fired power plants, requiring companies to cut pollution and conduct mitigation projects that promote energy efficiency and protect clean air for local communities.
- Working with cities to cut discharges of raw sewage and contaminated stormwater to the nation’s waters through integrated planning, green infrastructure, and other innovative approaches. This helps cities manage resources better, cut pollution, and improve quality of life for local residents.
Investigation Shows Crude Oil Lacking Proper Testing, Classification
The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) recently announced the first results from its 2013 investigation into the transportation of Bakken oil, known as Operation Classification, which show that crude oil taken from cargo tanks en route to rail loading facilities was not properly classified. PHMSA has issued three Notices of Probable Violations to the companies involved as a result.
Shippers are required to use nine hazard classes as a guide to properly classify their hazardous materials. Proper classification will ensure that the material is placed in the proper package and that the risk is accurately communicated to emergency responders. Shipping crude oil—or any hazardous material—without proper testing and classification could result in material being shipped in containers that are not designed to safely store it, or could lead first responders to follow the wrong protocol when responding to a spill.
“Transportation has an important role to play in helping meet our country’s energy needs, thanks to the increased production of crude oil, but our top priority is ensuring that it is transported safely,” said Transportation Secretary Anthony Foxx. “The fines we are proposing today should send a message to everyone involved in the shipment of crude oil: You must test and classify this material properly if you want to use our transportation system to ship it.”
PHMSA first launched Operation Classification in the summer of 2013, in response to increased activity in the Bakken region. Beginning in August to November 1, 2013, PHMSA inspectors tested samples from various points along the crude oil transportation chain: from cargo tanks that deliver crude oil to rail loading facilities, from storage tanks at the facilities, and from the pipeline connecting the storage tank to the rail car that would move the crude across the country. Based on the test results, eleven of the 18 samples taken from cargo tanks delivering crude oil to the rail loading facilities were not assigned to the correct packing group.
“These initial findings remind us how important it is to follow the hazardous materials regulations and to do it in the proper sequence,” said PHMSA Administrator Cynthia Quarterman. “The process begins by testing, characterizing, and then properly classifying the hazard and putting it in the kind of container that will offer the highest level of safety.”
As a result of the recent findings, PHMSA has expanded the scope of Operation Classification to include testing for other factors that affect proper characterization and classification such as Reid Vapor Pressure, corrosivity, hydrogen sulfide content, and composition/concentration of the entrained gases in the material. PHMSA will also move forward with the Notices of Proposed Violations totaling $93,000 that were issued to Hess Corporation, Whiting Oil and Gas Corporation, and Marathon Oil Company, and will continue working with the rail and oil industry based on Secretary Foxx’s Call to Action, including sharing of additional data, and recommendations for future safety initiatives.
In 2012, PHMSA and the Federal Railroad Administration began focusing on the safe transport of crude oil produced in the Bakken Shale region of the United States. After the formation of PHMSA’s Bakken Field Working Group and FRA’s Bakken Rail Mitigation Project, PHMSA and FRA launched Operation Classification in August 2013 to verify that crude oil was being properly classified in accordance with federal regulations. Activities included unannounced spot inspections, data collection, and sampling at strategic terminal and transloading locations that service crude oil.
EPA Evaluation Finds Use of Coal Ash in Concrete and Wallboard Appropriate
EPA’s evaluation concluded that the beneficial use of encapsulated CCRs in concrete and wallboard is appropriate because they are comparable to virgin materials or below the agency’s health and environmental benchmarks.
These two uses account for nearly half of the total amount of coal ash that is beneficially used.
“The protective reuse of coal ash advances sustainability by saving valuable resources, reducing costs, and lessening environmental impacts, including reducing greenhouse gas emissions,” said Mathy Stanislaus, assistant administrator for EPA’s Office of Solid Waste and Emergency Response.
In evaluating these two beneficial uses, EPA used its newly developed, Methodology for Evaluating Encapsulated Beneficial Uses of Coal Combustion Residuals. The methodology is intended to assist states and other interested parties with evaluating and making informed determinations about encapsulated beneficial uses of CCRs.
Coal ash is formed when coal is burned in boilers that generate steam for power generation and industrial applications. Slightly more than half of coal ash is disposed of in dry landfills and surface impoundments. The remainder of coal ash is used beneficially, as well as in mining applications.
EPA Requests Input on Hazardous Waste Management in the Retail Sector
EPA is responding to issues the retail industry has identified that they face in implementing hazardous waste regulations. This NODA provides stakeholders the opportunity to help the agency better understand their operations and identify options for possible further action.
“As part of President Obama’s efforts to make regulatory programs more effective and less burdensome, EPA is committed to working closely with the retail industry and stakeholders to help remove barriers that may affect compliance with federal regulations,” said Mathy Stanislaus, assistant administrator for EPA's Office of Solid Waste and Emergency Response.
The agency seeks comment on existing data on the retail industry universe and amount of hazardous waste it generates, and suggestions for improving hazardous waste regulations for retail operations. The NODA also seeks information and hazardous waste data on the following:
- Episodic generation
- Retails stores’ programs for handling hazardous waste
- Hazardous waste training for employees
- Aerosol cans
- Transportation and reverse logistics
- Reverse logistics centers
- Sustainability efforts undertaken by retail facilities
All comments on the NODA should be submitted by 60 days from publication and should be identified by Docket ID No. EPA-HQ-RCRA-2012-0426.
The recent action is part of the agency’s regulatory reform plan that implements President Obama’s directive given in Executive Order 13563, which directs agencies to make regulatory programs more effective or less burdensome in achieving regulatory objectives. The NODA is the latest in continuing efforts to reach out to the retail sector. The agency has conducted multiple site visits at retailers to learn more about how they manage their pharmaceutical and retail waste, and issued guidance within the current regulatory structure to provide flexibility to stakeholders in managing pharmaceutical container hazardous waste residues. The agency has also reached out to the retail sector by giving presentations to industry associations and other stakeholders about retail sector compliance concerns and efforts that EPA is taking to understand and address these concerns and offering to host listening sessions.
Publicly Available Tool Reports On Different Types of Pollution
This annual report provides citizens with critical information about their communities, including data on certain toxic chemical releases to the air, water, and land, as well as information on waste management and pollution prevention activities by facilities across the country.
“Serving the public’s right-to-know is the first crucial step in reducing toxic chemicals in the places where we live, work, and raise children,” EPA Regional Administrator Ron Curry. “This report emphasizes the need for transparency and provides a powerful tool for protecting public health and the environment.”
This year's TRI report provides new tools for people to use to learn about how chemicals are used in their communities. These include analyses and interactive maps for each US metropolitan and micropolitan area, new information about industry efforts to reduce pollution through green chemistry and other pollution prevention practices, and a new feature about chemical use in consumer products.
TRI data are submitted annually to EPA, states, and tribes by facilities in industry sectors such as manufacturing, metal mining, electric utilities, and commercial hazardous waste. Many of the releases from facilities that are subject to TRI reporting are regulated under other EPA program requirements designed to limit harm to human health and the environment.
The Pollution Prevention Act of 1990 also requires facilities to submit information on waste management activities related to TRI chemicals.
EPA Tips to Help Reduce Health Concerns and Improve Efficiency When Using Wood Heaters
With a very cold winter in full swing in New England, many people seek to reduce their heating costs by turning to wood as a cost-saving, renewable source of energy. However, both indoor and outdoor wood heaters may be inefficient and emit more pollutants into the air than heat sources that burn oil or natural gas.
Smoke from residential wood heaters can increase air pollution from soot (also known as fine particle pollution) and toxic pollutants to levels that pose serious health concerns. Particle pollution is linked to a range of serious health effects, including heart attacks, strokes, and asthma attacks. In some areas of New England, especially in valleys, residential wood smoke significantly reduces air quality in winter months.
To reduce exposure to particle pollution from wood stoves and outdoor hydronic heaters (also called outdoor wood boilers), EPA encourages people to take steps to ensure that wood is burned more safely and efficiently, including burning only well-seasoned wood, and never burning household trash, garbage, or demolition debris.
The best step people can take is to replace their old uncertified wood stove with a cleaner home heating appliance, such as an EPA-certified wood stove, or a pellet or gas stove. These stoves use one-third less wood than older stoves while generating the same amount of heat. They also emit 50 to 60% less air pollution than older stoves.
Some homes and businesses are heated with hydronic heaters. These heaters are usually located in outdoor sheds and typically burn wood to heat water that is piped to nearby buildings to provide heat, hot water, or both. Hydronic heaters may also be located indoors and may use biomass fuel other than cordwood, such as corn or wood pellets. EPA notes that most hydronic heaters are less efficient than other home heating appliances, and some produce excessive amounts of smoke that can negatively impact nearby residences. EPA currently has a voluntary program that encourages manufacturers to produce cleaner hydronic heaters. Under this program, some manufacturers have made heaters that are about 90% cleaner than typical older units.
Because of the large number of wood appliances throughout the country (about 10 million wood stoves and more than 240,000 hydronic heaters), EPA encourages voluntary change out programs to help consumers upgrade their wood-burning appliances to newer, cleaner units. In New England, since 2009, voluntary change out programs have been implemented in southern New Hampshire, Massachusetts, and Vermont.
. EPA is holding a public hearing February 26, 2014 in Boston to get public input on the proposed standards for the amount of air pollution that can be emitted by new woodstoves and hydronic heaters.
EPA Launches WaterSense H2Otel Challenge to Encourage Water Savings
“Hotels that reduce their water use will not only help their community save precious resources, but can gain a competitive edge in today’s green marketplace,” said Nancy Stoner, acting assistant administrator for EPA’s Office of Water. “Since 2006, WaterSense has helped Americans save more than 487 billion gallons of water, and now we’re building on that success to help hotels take their sustainability efforts to the next level.”
From New York City’s Times Square to the Las Vegas strip, hotels across the country will take a pledge to “ACT”—assess, change, and track their water use in the following ways:
- Assess water use and savings opportunities throughout the hotel
- Change products and processes to more water-efficient models and methods
- Track water reduction progress before and after incorporating best management practices
Caesars Entertainment is the first company to sign up for the H2Otel Challenge.
“At Caesars Entertainment's resorts throughout the country, we know that sustaining our local water supply is as important as providing the best entertainment experience we can to our guests. Over the last few years we successfully implemented several water saving projects, such as adding low-flow showerheads and sink aerators at our Las Vegas resorts. We are excited to participate in the WaterSense H2Otel Challenge and to identify where we can make even greater improvement to our operations," said Eric Dominguez, Corporate Director of Engineering, Utilities and Environmental Affairs for Caesars Entertainment.
“Here in Las Vegas, the hospitality industry is critical to our local economy. Fortunately, our hotel and resort industry has long been a valuable partner in our successful efforts to improve water efficiency in the hospitality sector”, said Doug Bennett, Conservation Manager for the Southern Nevada Water Authority. “We are excited that some of our largest resorts will share their knowledge and participate in the H2Otel Challenge.”
By tackling projects throughout their properties, hotels can find ways to improve their water efficiency and performance while providing the highest quality experience for guests. To help hotels make operational changes and meet growing customer demand for green lodging, EPA will initiate a series of educational webinars on February 13, 2014 and provide free tools based on the online guide, WaterSense at Work: Best Management Practices for Commercial and Institutional Facilities. WaterSense will also offer outreach materials for hotels to publicize their efforts and celebrate their successes with guests and employees.
DOE's New Power Supply Standards Are a Big Win for Consumers and the Environment
Thanks to a new national standard announced recently by the US Department of Energy (DOE), power adapters—the sometimes bulky and annoying boxes on the power cords of your electronic gadgets—will waste a lot less energy. Just as importantly, DOE deferred new national standards for battery chargers, allowing strong existing standards in California and Oregon to remain in place.
Laptop computers, tablets, cell phones, cordless phones, digital picture frames, modems, routers, computer speakers, printers, and countless others devices need power adapters, also known as external power supplies (EPSs), to convert household electric current (120 volts in the US) to the lower voltages at which those devices are designed to operate. Unbeknownst to many, these adapters unobtrusively consume significantly more energy than necessary to do their job.
Stabl Inc. Ordered to Pay $2.2M Penalty for Violating Environmental Regulations
The Court supported its penalty findings based on facts presented by the EPA and the Nebraska Department of Environmental Quality (NDEQ) that Stabl had a long history of serious violations and that Stabl’s efforts to comply with environmental regulations were minimal.
According to the judgment, from August 2006 until May 2010, Stabl violated a series of environmental regulations. Pollutants discharged by Stabl to the treatment plant include high levels of ammonia, oil, and grease, among others.
NDEQ issued Stabl a Nebraska Pretreatment Program (NPP) permit in March 2008. The NPP permit established discharge limitations and required Stabl to monitor and report values for various pollutants discharged from the facility. Stabl was in frequent noncompliance with these requirements from the time the permit was issued until the time the facility was sold.
“The actions by Stabl over a multi-year period demonstrate a lack of compliance that had serious consequences for the city of Lexington, Nebraska, and the fragile Platte River basin,” Regional Administrator Karl Brooks said. “Protecting the waters of the United States is one of our most important missions, and this judgment sends a clear message that EPA will work closely with our state partners to ensure that chronic violators of the Clean Water Act will be held accountable.”
The Court found that Stabl, Inc., formerly known as Nebraska By-Products, violated the CWA a total of 1,533 times, resulting in an economic benefit of more than $1.1 million. The facility was sold in May 2010, having never achieved compliance with CWA regulations.
Gasco Energy Agrees to Close Production Well and Restore Damaged Wetlands in Utah
The EPA announced recently that Gasco Energy, Inc. (Gasco), a Denver-based company, has agreed to permanently close a natural gas production well and fully restore approximately 2.3 acres of damaged wetlands in a floodplain adjacent to the Green River in Utah’s Uintah Basin.
Subsequently, Gasco challenged the order, and the Agency filed counterclaims seeking civil penalties and full restoration for the damaged wetlands.
“Serious environmental and public health consequences can result from illegally filling wetlands,” said Shaun McGrath, EPA’s regional administrator in Denver. “This settlement validates EPA’s original administrative order and achieves the Agency’s goal of correcting Clean Water Act violations to protect wetlands that provide aquatic and wildlife habitat and support endangered species. EPA is committed to defending its administrative orders when challenged.”
The recent settlement requires that Gasco properly plug and permanently close its well and fully restore impacted wetlands at the well site and at nearby access roads. The company must remove a well pad and roads, replant vegetation, and implement other measures to restore the damaged areas. The company will also pay a civil penalty of $110,000.
The government counterclaims, filed by the US Department of Justice on behalf of EPA in September 2012, assert that, in 2007- 2008, Gasco drilled the production well in the floodplain of the Green River and illegally filled over two acres of wetlands located in an area designated by the United States Fish and Wildlife Service as critical habitat for several endangered species of fish, specifically the Colorado pikeminnow, bonytail, humpback chub, and razorback sucker. The floodplain area is part of the Upper Colorado River Endangered Fish Recovery Program and is under several feet of water for two or more weeks in the spring in normal precipitation years, enough to partially or completely submerge the well.
Wetlands benefit the environment by reducing flood risks, filtering pollutants, recharging groundwater and drinking water supplies, and providing food and habitat for aquatic life.
In December 2013, EPA settled a case with Chesapeake Appalachia for similar violations related to wetlands in West Virginia. That settlement required that the company restore the damage at 27 sites and pay a $3.2 million penalty, one of the largest ever levied under Section 404 of the CWA.
Gasco is an independent oil and gas company that operates primarily in the Rocky Mountain region and has over 130 natural gas production wells in the Uintah Basin.
Criminal Complaints Filed Against Metal Recycling Facilities’ Owner for Alleged Hazardous Waste Violations
The district attorneys in Kings and Tulare counties have filed criminal complaints against Jeffrey A. Prins, the owner of The Recycle Depot, Inc., a metal recycler that violated hazardous waste laws at its facilities in both counties.
The criminal enforcement actions resulted from the Department of Toxic Substances Control’s (DTSC) Metal Recycling Enforcement Initiative that began in the fall of 2012. The initiative focuses inspection and enforcement activities on metal recycling facilities and the threats they pose to surrounding communities. DTSC’s Office of Criminal Investigations (OCI) and Enforcement and Emergency Response Division have jointly conducted more than 14 investigations since the start of the initiative.
“Since implementing the Metal Recycling Enforcement Initiative, OCI has found widespread non- compliance with the Hazardous Waste Control Laws,” said Reed Sato, Chief Counsel for DTSC. “These enforcement cases are a signal to this industry that mismanagement of hazardous waste will result in prosecutions. We expect that these enforcement actions are the first of many more to follow.”
Prins, owner of The Recycle Depot, Inc., operates one recycling facility in Visalia (Tulare County) and two facilities in Hanford (Kings County). The Visalia facility is located at 8461 Goshen Avenue, and the two Hanford facilities are located at 866 East Fifth Street and 10716 Eighth Avenue.
Both District Attorneys allege that Prins failed to remove designated Materials that Require Special Handling (MRSH) from major appliances before they were crushed, baled, shredded, sawed or sheared apart, disposed of, or otherwise processed in a manner that could result in a release or could prevent the removal of MRSH at both the Visalia facility and at the 866 East Fifth Street facility in Hanford.
The Kings County District Attorney also alleged that Prins violated the California Hazardous Waste Control Law relating to the handling, disposal, and storage of hazardous and universal wastes at both Hanford facilities.
MRSH includes substances such as mercury found in switches or refrigerants or used oil contained in large appliances. Metal Recycling Facilities are required to remove MRSH from major appliances before processing for scrap metal. MRSH is then regulated as hazardous waste.
New Jersey DEP Fines Neptune City Company $495,000 for Misapplying Pesticides
The DEP has also revoked the firm’s pesticide applicator business license and Taylor’s commercial pesticide applicator license.
The firm repeatedly misused pesticides in and near food preparation areas, including near kitchen sinks, refrigerators, and in dining areas; applied pesticides too frequently; or used pesticides designed for outdoor use in indoor situations.
“While we have not received any reports that anyone was directly harmed, the manner in which Zapp misapplied these pesticides had the potential to expose people to harmful levels of these products,” said John Giordano, DEP’s Assistant Commissioner for Compliance and Enforcement. “To make matters worse, the firm repeatedly failed to provide consumers with required safety information that is designed to ensure their safety when these products are used.”
As a result of a complaint from a resident, the DEP sent inspectors to locations treated by the firm. The DEP investigation found that the company failed to provide required written information that provides consumers with the dates of application; the chemical and brand names of the pesticides to be used; label safety instructions; information about the name and location of the applicator business; and the telephone numbers for the National Pesticide Information Center, the New Jersey Poison Information and Education System and the New Jersey Pesticide Control Program.
Inspectors determined that the firm failed to keep a list of the chemicals it stores on-site and that employees transported pesticides in vehicles that lacked required safety equipment in the event of an accident, including equipment to contain spills and extinguish fires. Inspectors also observed employees of the firm using improperly marked containers of pesticides.
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Trivia Question of the Week
75 pounds of gold and 772 pounds of silver can be reclaimed from what number of recycled cell phones?
a. 1 million
b. 3 million
c. 5 million
d. 8 million