PA is modernizing implementation of its self-disclosure policies by creating a centralized web-based eDisclosure portal to receive and automatically process self-disclosed civil violations of environmental law. Under the automated eDisclosure system, large and small businesses will quickly be able to get some of their more routine types of disclosures resolved.
EPA is launching the eDisclosure system because it continues to believe strongly in the benefits of its self-disclosure policies: to provide penalty mitigation and other incentives for companies that self-police, disclose, correct, and prevent violations. EPA believes that the implementation changes will make the processing of disclosures faster and more efficient, and will save time and resources for regulated entities and EPA.
Hazardous Waste Generator Improvement Rule
In the first major modification to the hazardous waste regulations in over 10 years, EPA plans to modify and reorganize the hazardous waste generator rule. When adopted, the rule will provide greater flexibility in how hazardous waste is managed and close important gaps in the regulations.
Attend Environmental Resource Center’s live, online session to learn:
New requirements for documenting hazardous waste determinations
Revised requirements for when and how to submit the Notification of Generator Status form to EPA
How to take advantage of the episodic generation exclusion to avoid reclassification to a larger generator status
Definitions of important new terms – “Very Small Quantity Generator” and “Central Accumulation Area”
How to mark containers, tanks, and containment buildings with new information required at central accumulation areas and satellites
New conditions under which containers can be left open at satellite accumulation areas
Updated time and volume limits for satellite accumulation areas
New documentation requirements for contingency plans and biennial reports
New requirements for shipping hazardous waste from a VSQG to another facility owned by the same organization
New Exclusions for Solvent Recycling and Hazardous Secondary Materials
EPA’s new final rule on the definition of solid waste creates new opportunities for waste recycling outside the scope of the full hazardous waste regulations. This rule, which went into effect on July 13, 2015, streamlines the regulatory burden for wastes that are legitimately recycled.
The first of the two exclusions is an exclusion from the definition of solid waste for high-value solvents transferred from one manufacturer to another for the purpose of extending the useful life of the original solvent by keeping the materials in commerce to reproduce a commercial grade of the original solvent product.
The second, and more wide reaching of the two exclusions, is a revision of the existing hazardous secondary material recycling exclusion. This exclusion allows you to recycle, or send off-site for recycling, virtually any hazardous secondary material. Provided you meet the terms of the exclusion, the material will no longer be hazardous waste.
Learn how to take advantage of these exclusions at Environmental Resource Center’s live webcast on December 12 where you will learn:
- Which of your materials qualify under the new exclusions
- What qualifies as a hazardous secondary material
- Which solvents can be remanufactured, and which cannot
- What is a tolling agreement
- What is legitimate recycling
- Generator storage requirements
- What documentation you must maintain
- Requirements for off-site shipments
- Training and emergency planning requirements
- If it is acceptable for the recycler to be outside the US
Cleveland RCRA and DOT Training
Cary RCRA, DOT, IATA/IMO, and SARA Training
Anaheim RCRA and DOT Training
EPA Releases Small Lot Tool for Construction General Permit
States can modify the template if they wish to use it for their CGPs.
Owner of Metal Plating Company Sent to Prison for Hazardous Waste Violations
Marion Patigler, owner of Electro-Forming, Co., surrendered herself on November 7, 2015 to the county jail to serve a three year sentence for a probation violation. The probation resulted from a criminal action filed by the Contra Costa County District Attorney’s Office.
Patigler pleaded guilty to nine misdemeanor charges and on behalf of her business, pleaded guilty to an additional four felony counts. Electro-Forming, Co., is located at 130 Nevin Avenue. . In sending Patigler to jail, the court ruled that Patigler failed to comply with that probation requirement.
“DTSC has used the full range of its enforcement resources to stop Ms. Patigler’s reckless behavior and protect the community,” said Reed Sato, Chief Counsel for the Department of Toxic Substances Control. “We value the partnership with the Contra Costa District Attorney’s Office that brought Ms. Patigler to justice and held her personally accountable for her continual mismanagement of hazardous wastes.”
Patigler’s recent incarceration left hazardous wastes at the facility and DTSC’s Emergency Response Unit secured the site to ensure that all such wastes were properly managed.
DTSC and its contractor will package the waste in containers, including cyanide, nitric acid, hydrochloric acid, and plating solutions containing copper and hexavalent chromium and will transport them to a licensed disposal site. The process tanks found at the site will be disposed of as either scrap (non-contaminated) or hazardous waste, leaving only the building and machinery after the work is completed.
One of the conditions of her five-year probation was for Patigler to immediately cease operation of her company. She was ordered to pay $50,000 in criminal fines, and Electro-Forming, Co., was ordered to pay $250,000 in criminal fines. In addition, Patigler and the company are liable for $228,000 in restitution to DTSC.
DTSC’s Office of Criminal Investigations began investigating Electro-Forming in 2012. It partnered with the Contra Costa County District Attorney’s Office, the Contra Costa County Environmental Health Services Hazardous Materials Unit, Richmond City Fire Department, Alameda County District Attorney’s Office, and the Contra Costa County Central Sanitation District to execute a search warrant and develop evidence of environmental crimes
The Office of Criminal Investigations is a special investigation unit within DTSC consisting of peace officers, scientists, and a computer forensic specialist who investigate criminal misconduct and other serious violations of hazardous waste laws in California. It is the only criminal investigation unit within the California Environmental Protection Agency.
DTSC also has a civil lawsuit against Patigler filed in Contra Costa County Superior Court. DTSC has obtained a judgment of over $8 million against the company and is pursuing Patigler for separate penalties.
PennEnvironment Endorses Legislation to Eliminate Hazardous Oil and Gas Loophole
PennEnvironment recently endorsed US Representative Matt Cartwright’s Closing Loopholes and Ending Arbitrary and Needless Evasion of Regulations (CLEANER) Act.
The CLEANER Act would force oil, gas, and geothermal companies to play by the same rules as other industries.
“Under current federal law, oil and gas companies do not even have to test the majority of their waste to see if it is toxic, leaving us with no way of knowing what is being disposed of and how it is being treated. It is time oil and gas companies comply with the minimum standards and oversight that virtually every other industry successfully works with,” said Rep. Cartwright.
"It's clear to everyone that the 1.3 billion gallons of fracking waste generated in Pennsylvania over the last few years, which is often laced with numerous toxins and cancer-causing chemicals, is hazardous to our health and environment," said Adam Garber, PennEnvironment Field Director. "The CLEANER Act will ensure that companies can no longer spray this toxic fluid on our roads, dump hundreds of thousands of gallons into water treatment facilities, or use it to water cattle. We applaud Congressman Cartwright for trying to align the law with what we all already know: fracking wastewater is hazardous to our health."
Currently the task of regulating disposal of these wastes is left to states, with mixed results.
Toxins pose health and environmental risks no matter what industry produces them. It’s time to hold oil and natural gas producers to the same standards that other industries have complied with for over 30 years,” said Rep. Cartwright.
The EPA has recognized the problem as well, recently proposing federal regulations that would address discharges of wastewater pollutants from onshore unconventional oil and gas extraction facilities to publicly-owned treatment works.
New Resilience Toolkit Guides Cities Facing Rising Temperatures, Deadly Heat Waves
Cities plagued by dangerous heat waves and soaring temperatures will be able to better protect their most vulnerable citizens with a new climate resilience toolkit released recently at the Paris climate negotiations.
“This City Resilience Toolkit acts as a step-by-step playbook to guide development of local and regional early warning systems and heat preparedness plans,” explained Frances Beinecke, Yale McCluskey Fellow and former NRDC president. “We hope city leaders utilize this resource to take climate action to protect those who are most vulnerable to global warming’s devastating impacts.”
The materials, released in a panel discussion at the climate talks, are based on the Indian city of Ahmedabad’s heat action plan, which became India’s first early warning system and preparedness plan for extreme heat in 2013, as well as international experiences and best practices.
The Plan was put to the test and proved effective during one of the worst heat waves in history that hit India in May 2015. Some of the successful interventions include raising awareness and outreach to vulnerable communities, increasing health care capacity to recognize and treat heat illness, and coordinated early heat alerts issued by the local government.
“Climate strategies like this resilience toolkit that integrates mitigation, adaptation and development policies are critical to successful climate compatible development,” said Sam Bickersteth, CEO of CDKN. “By incorporating both disaster management and urban planning interventions like rooftop solar panels, cool roofs, green building infrastructure, and tree planting, cities can minimize the deadly threats of rising temperatures and other climate impacts and actually thrive over the long term.”
The Ahmedabad model is now growing in cities across India, including Nagpur, Surat, and Bhubaneswar, increasing exponentially the number of people protected from dangerous temperatures. Communities across the world are increasingly experiencing the devastating impacts of climate change—from droughts and heat waves to superstorms and flooding—and are working toward urban resilience solutions through clean energy and similar preparedness plans.
“We’re seeing sweltering temperatures like those experienced in India during the May heat wave that exceed what the human body can cope with and adapt to,” said Dr. Kim Knowlton, senior scientist at NRDC. “Climate change is already making heat waves even more frequent and severe. That’s why municipal early warning systems and preparation plans like Ahmedabad’s are so important to protect health and save lives during heat waves.”
Army to Pay $59,220 for Hazardous Waste Violations
The Army failed to notify EPA within the required 15 days when it investigated the dump and failed to provide a required assessment of the dump. EPA learned of the dump more than a year later in a technical memo from the Army’s contractor.
“Failure to notify EPA could have delayed and impeded our ability to ensure timely, appropriate actions were taken to protect people and the environment.”
Fort Wainwright is located on the eastern border of Fairbanks, encompassing over 900,000 acres and includes a range complex, maneuver areas, missile sites, and a garrison. EPA listed Fort Wainwright on the Superfund National Priorities List in 1990. Lead, brass, and other heavy metals from the munitions dump were eroding into the Tanana River, and at the time of the initial investigation in 2013, it was unclear if there was unexploded ordnance in the dump. In 2015, the Army conducted a partial cleanup at the site, removing over 319,830 lb of “Material Deemed As Safe,” 152 items identified as “Munitions and Explosives of Concern,” and 5,625 buried and unfired 50 caliber rounds. The Army will conduct additional cleanup in 2016.
Supporting Documents for Endangered Species Biological Evaluations Now Available
EPA has been collaborating with the US Fish & Wildlife Service and the National Marine Fisheries Service to develop interim scientific approaches to fulfill our responsibility under the Endangered Species Act to assess the impact of pesticides on threatened and endangered species and their designated critical habitat.
$2.4M Judgment Entered Against L.A. World Airports for Underground Storage Tank Violations
The State Water Board began an investigation in 2011 under the Government Owned and/or Operated Tanks (GOT) Initiative after alleged violations were identified during inspections conducted at nine underground storage tank facilities owned and operated by LAWA. The alleged violations included failure to monitor tanks and product piping, late testing of monitoring equipment, and failure to install secondary containment.
“What made this case so concerning is that, during our investigation, State Water Board investigators unexpectedly found three large unpermitted and unmonitored tanks that were used to store the hazardous runoff produced from the fire training exercises,” said David Boyers, State Water Board assistant chief counsel. “Both LAWA and the local agency responsible for permitting the tanks, in this case the Los Angeles City Fire Department, should have known the tanks were storing hazardous substances that posed a risk to the environment and should have been permitted. We required that LAWA test the soil beneath the tanks in order to ensure that no releases had occurred. Thankfully, there was no contamination that resulted from the violations.”
Under the terms of the settlement, LAWA will pay $1.2 million in civil penalties to the State Water Board, $100,000 for reimbursement of enforcement costs, and $1.1 million will be suspended with $650,000 being suspended based on LAWA completing several environmental improvements that enhance compliance at its facilities. The remaining $450,000 is suspended as long as LAWA maintains compliance with the underground storage tank requirements specified in the judgment for a period of five years.
This lawsuit is the third enforcement action by the State Water Board’s Office of Enforcement under the State Water Board’s GOT Initiative that began in 2010 with the assistance of the EPA. The purpose of the GOT Initiative is to alleviate the compliance and enforcement disparity between privately and publicly owned and operated underground storage tank facilities.
Two West Virginia Companies Fined Over $300,000 for Clean Water Act Violations
Recently, the EPA and the West Virginia Department of Environmental Protection filed a settlement with James C. Justice II, the James C. Justice Companies, Inc., and High Mountain Living, LLC, resolving violations of state and federal environmental laws designed to protect the health of wetlands and waterways. The recent settlement will restore and preserve the health and water quality of Turkey Creek, and its tributary, where 20 unauthorized dams were constructed. These water bodies are located two miles from Gap Mills in Monroe Co., West Virginia.
In addition to restoring and preserving the areas affected by the dams, Mr. Justice and the Justice Companies will pay a $220,000 civil penalty. As a co-plaintiff, the West Virginia Department of Environmental Protection will receive half of these penalties.
The settlement resolves unauthorized discharges associated with construction of earthen, cement, and stone dams for 1.5 miles of Turkey Creek on Justice’s property. Turkey Creek is a natural trout stream. These dams reduced water quality, changed water flow, reshaped the stream, disrupted fish passage, and caused sediment build up.
The permits are required so the environmental, recreational, and economic functions of the water bodies are protected—including flood control, water filtration, and wildlife habitat.
H. Kramer Ordered to Sample Chicago Neighborhood for Lead
EPA will oversee the sampling process.
Over 100 residential properties are eligible for sampling to determine whether soil needs to be removed or replaced. The properties are located in a 25-acre area bounded by 18th Place to the north, an alley halfway between Allport Street and Racine Avenue to the east, 21st Street to the south, and Loomis Street to the west. EPA and H. Kramer will contact affected property owners during the next several months to seek access to sample yards and gardens.
Last month, under an agreement with EPA, BNSF Railway Co., and H. Kramer began removing lead-contaminated soil from two areas in the Pilsen neighborhood—a railway spur and alley behind the H. Kramer foundry and an area near Benito Juarez Community Academy.
EPA continues to work closely with the city of Chicago and neighborhood organizations to provide information to residents about steps they can take to reduce exposure to lead contamination.
Michigan DEQ Fined Arbor Americana LLC Over $300,000 for Illegal Sewage Discharge
The Michigan DEQ and Michigan Attorney General Bill Schuette recently announced the state’s settlement of civil litigation with the owners of a housing community in Flat Rock.
The settlement resolves violations of Michigan’s water laws by the owners of Arbor Americana Manufactured Housing Community, including Arbor Americana, LLC, and one company official. The residents of the 123 manufactured homes inside the Americana MHC community were chronically exposed to raw and partially treated human sewage overflows and discharges to the ground and to the waters of the state because of the owners’ failure to complete necessary repairs and replacements to its dilapidated wastewater treatment system.
As part of the settlement, the owners agreed to replace the failed wastewater treatment system and to certify operation of the new system in compliance with the law by no later than April 15, 2016. Additionally, the owners will pay a $300,000 civil fine as well as $15,000 to Michigan’s General Fund to reimburse the state for its escalated enforcement costs.
Several Businesses Charged For Allegedly Violating Environmental Laws In Boyle Heights
City Attorney Mike Feuer, in a collaboration with the California Environmental Protection Agency (CalEPA) and other regulators, announced that his office has filed criminal charges against businesses in Boyle Heights for various alleged environmental violations that pose a threat to public health and safety. The action resulted from an ongoing Environmental Justice Compliance and Enforcement Initiative, a first of its kind in Los Angeles, to investigate polluters in underserved communities. Future operations are planned in Pacoima.
“Families in every Los Angeles neighborhood deserve to be protected from dangerous toxins that threaten their health and safety,” said Feuer. "We're intensifying our focus on environmental justice, deepening our partnerships with state and local agencies, and committing ourselves to rid underserved communities of pollution that no one should have to tolerate."
CalEPA formed an Environmental Justice Compliance and Enforcement Working Group to coordinate the enforcement activities of its boards and departments with local and federal partner agencies. This is the second targeted initiative to increase compliance with environmental laws in an area identified as disproportionately impacted by multiple sources of pollution. The first initiative took place in Fresno in 2013. The Working Group also engages community members in the process and connects industry leaders with assistance and resources to improve long-term compliance success.
“Fundamental principles of environmental justice require that we respond to the pollution burdens faced by our most vulnerable communities,” said Matthew Rodriquez, California Secretary for Environmental Protection. “We appreciate the Los Angeles City Attorney’s role in the Working Group and the strong action taken to enforce the State’s environmental laws.”
The conditions alleged in Feuer’s complaints potentially pose significant public safety and health risks including the unsafe storage of highly toxic chemicals which could lead to explosions and fires, and illegal disposal of highly toxic hazardous waste in the form of potassium cyanide which if it came into contact with any acid could create a deadly gas cloud.
The complaints stem from several multi-agency inspections that were conducted in August and September 2015 and coordinated through a multi-agency taskforce including the Los Angeles City Attorney’s Office, Los Angeles Fire Department Environmental Protection Unit, the South Coast Air Quality Management District, the Bureau of Sanitation Watershed Protection Division, and the Industrial Waste Management Division, LA Street Services, the Department of Toxic Substances Control and the Los Angeles County Fire Department Health Hazardous Materials Division. In addition to these agencies and CalEPA, other members of the Working Group are the California Air Resources Board, the State Water Resources Control Board, the Los Angeles Regional Water Quality Control Board, the Department of Pesticide Regulation, the Department of Resources Recycling and Recovery, the Office of Environmental Health Hazard Assessment, the California Department of Public Health, the United States EPA, and the Los Angeles Department of Building and Safety.
The five metal plating businesses charged by the City Attorney include:
Nature’s Design (1318 Velasco Street)
The business and owner Carlos Leong, 72, were each charged with one count of illegally disposing of hazardous waste. During the course of the inspection at this location, inspectors allegedly observed a container of Potassium Cyanide discarded in a trash receptacle within the building. The charge carries a maximum penalty of one-year in the county jail and a fine up to $100,000.
Bronze-Way Plating Corporation (3532 E. 15th Street)
Each count carries a maximum penalty of six months in the county jail and a $1000 fine.
Grana Industrial Finishers, Inc. (3524 E. 14th Street)
Company president and owner John Grana, 56, was charged with seven environmental violations. Inspectors found residue of metal polishing dust in several locations outside the business. The violations have a potential maximum penalty of six months in the county jail and $1000 fine.
California Electroplating Inc. (3510 E. Pico Blvd.)
Company president and owner John Grana, 56, was charged with seven environmental violations. Each count carries a maximum penalty of six months in the county jail and a $1000 fine.
Chromal Plating (1748 Workman Street)
The corporation, Ray Bokelman, 49, Vice President and General Manager, Ernesto Carmona, 43, Operations Manager and Ethel Louise Bokelman, 81, President were each charged with five environmental and fire code violations. Inspectors allegedly observed an accumulation of a corrosive yellow and black oily liquid throughout the interior floor of the facility. Each count carries a maximum penalty of six months in the county jail and a $1000 fine.
Arraignment for each of the defendants is scheduled for January 14, 2016 in Department 47 of the Criminal Courts Building. Deputy City Attorney Elise Ruden of the City Attorney’s Environmental Justice Unit is prosecuting the cases.
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Trivia Question of the Week
Which of the following are considered zero emission vehicles?
a) Fuel cell vehicles
b) Plug-In hybrids
c) Electric
d) All of the above