Eight companies that voluntarily disclosed and corrected environmental violations had penalties waived by the EPA, the result of a policy that has been successful in getting companies to make good-faith efforts in self-policing their own environmental compliance.
These recent ‘self-audit’ cases handled by EPA’s mid-Atlantic regional office had potential penalties ranging from $1,000 to about $764,000 for environmental violations that the agency determined caused no harm to human health or the environment. Altogether, the eight companies located in Pennsylvania, Maryland and Virginia avoided about $1.2 million in fines.
“EPA wants to acknowledge companies that make a concerted effort to protect the environment,” said Donald S. Welsh, EPA’s mid-Atlantic regional administrator. “Promptly disclosing violations, correcting them, and acting to prevent future problems is the responsible thing to do.”
EPA’s audit policy can cover most regulatory requirements under the agency’s environmental statutes, such as reporting on using or storing toxic chemicals, proper record keeping, oil spill prevention measures, and notifying residential tenants about the presence of lead-based paint.
In the cases announced, each company discovered its potential violations during an environmental compliance audit and reported these violations to EPA. Because the companies satisfied all of the conditions of EPA’ self-disclosure policy and the amount of economic benefits gained were insignificant, EPA waived potential penalties.
In self-audit cases, EPA determines if a company qualifies for a penalty waiver under the agency’s audit policy, which substantially reduces, and often eliminates, penalties for a company that takes action to report and correct violations. The policy excludes criminal acts, violations resulting in significant harm to public health or the environment, or violations that economically benefit the company.
The recent self-audit cases include:
National Railroad Passenger Corporation (Amtrak)
Amtrak filed a series of self-disclosures, which included violations of four environmental statutes at its Odenton maintenance facility. The corrections have been made and the penalty of $30,777 was waived.
National Railroad Passenger Corporation (Amtrak)
Amtrak reported violations of four environmental reporting regulations at its maintenance facility located in Perryville, Md. The corrections have been made and the penalty of $289,098 was waived.
Cheetah Chassis Corporation
In June 2006, Cheetah Chassis notified EPA that it had failed to submit toxic chemical release inventory forms for xylene at its facility for 2000, 2001, 2002 and again in 2004. The company makes steel frames with wheels and tires to carry shipping containers. Cheetah has now filed the correct reports. The total civil penalty of $77,905 for these violations has been waived.
PolyOne Corporation
In June 2006, PolyOne, a polymer services company, disclosed that it had failed to submit a toxic release inventory form for barium compounds for 2004. Since PolyOne satisfied all of the conditions of EPA’s self-disclosure policy the $21,922 penalty for these violations has been waived.
Widener University School of Law Harrisburg Campus
In March 2004, Widener University self-reported violations to EPA under three environmental statutes. EPA found three violations – non-compliance with three requirements for managing waste. A $1,650 penalty was waived. EPA has made additional efforts to encourage compliance and self-disclosure in an agreement with the Association of Independent Colleges and Universities of Pennsylvania.
National Railroad Passenger Corporation (Amtrak)
Amtrak self-disclosed and cited a violation of the Clean Water Act as amended by the Oil Pollution Act designed to prevent oil spills at its Morrisville, PA maintenance facility. Under the EPA audit policy, the $1,000 penalty was waived.
Waynesburg College
Waynesburg College self-disclosed violations under five statutes. Violations were found for failure to notify tenants about the presence of lead-based paint, not following the proper procedures for managing hazardous waste, and failure to follow necessary oil spill prevention requirements. The corrections have been made. Through an agreement with the Association of Independent Colleges and Universities of Pennsylvania, EPA encourages compliance and self-disclosure of violations at college facilities and campuses. As a participant under that agreement and due to EPA’s self-audit policy, Waynesburg College received a $74,524 penalty waiver.
Novozymes Biologicals, Inc.
In a self-disclosure provided by Novozymes Biologicals, Inc. in November 2005, the company reported potential violations at seven of its facilities located throughout Salem. The facilities had not submitted reports to local area responders and therefore, could not prepare emergency response plans for hazardous substances used or stored at the facilities. Novozymes also disclosed that it had failed to submit required toxic chemical release inventory forms for toxic chemicals in 2001 and 2004.
The company produces enzymes and microorganisms for thousands of everyday products from clothes to candy. Novozymes has satisfied all of the conditions of EPA’s self-disclosure policy and a $764,006 penalty has been waived.
Other Resources
EPA Announces New Computer Efficiency Requirements
With an eye to saving more than $1.8 billion in energy costs over the next 5 years, EPA announced new Energy Star specifications for computers and related equipment. These new modifications are also expected to prevent greenhouse gas emissions equal to the annual emissions of 2.7 million cars.
. The new requirements include improved efficiency across all modes of a computer's operation, and require use of highly efficient internal and external power supplies. The new specifications go into effect on July 20, 2007.
If every computer purchased by businesses meets the new Energy Star requirements in effect next year, businesses will save $1.2 billion over the lifetime of their new computers, equal to lighting 730 million square feet of U.S. commercial building space each year.
Government agencies will also garner big savings. If the government sector buys only computers that meet the new Energy Star requirements, this sector will save nearly 1.4 billion kWh and reduce greenhouse gas emissions by 2 billion pounds each year.
On average, Energy Star qualifying computer equipment will be 65% more efficient than conventional models.
Computers were the first product to qualify for EPA's Energy Star in 1992. EPA and computer makers have worked together on improving computer energy efficiency ever since. The United States now has more 180 million computers in use; they consume nearly 58 billion kWh per year, or about 2% of annual U.S. electricity consumption.
European Union Proposes Ban on Mercury
The European Commission proposed legislation to ban all European Union exports of mercury beginning in 2011. The ban forms a key part of the EU's strategy for reducing global exposure to mercury, which is highly toxic to both humans and the environment. The export ban will significantly reduce global supply and thereby also emissions of the heavy metal into the environment. The proposed regulation requires mercury that is no longer used in the chlor-alkali industry or that is produced in certain other industrial operations to be put into safe storage once the export prohibition takes effect in July 2011. The commission is organizing an international mercury conference on 26-27 October in Brussels to promote global action, including the possible development of a legally binding international agreement, to reduce human and environmental exposure.
Environment Commissioner Stavros Dimas said, "This proposal underlines the commission's determination to protect people and the environment from exposure to this highly toxic metal. In banning exports of mercury and requiring its safe storage, the EU will be setting an example for global action to reduce emissions. I urge other countries to support moves towards a worldwide agreement."
Mercury use is declining both in the EU and globally. Global demand is around 3,400 tons per year, with the EU-15 accounting for 440 tons in 2005.
Globally, the main uses of mercury are in small-scale gold mining, the chlor-alkali industry and production of vinyl-chloride monomer, the basis of PVC plastic. In the EU only the chlor-alkali industry remains a significant user, and it is progressively phasing out the use of mercury-containing cells in its production of chlorine. The next most significant use in the EU is in dental amalgam.
To contribute to a global reduction in mercury exposure, the proposed regulation would ban mercury exports from the EU from 1 July 2011. From the same date, mercury no longer used in the chlor-alkali industry as well as mercury gained from the purification of natural gas or production of non-ferrous metals would have to be safely stored.
The proposed regulation now goes to the European Parliament and the Council of Ministers for approval under the co-decision procedure.
Reducing mercury exposure worldwide requires action at international level to complement the EU’s own measures. The EU has already raised the need for a legally binding global instrument on mercury at the Governing Council of the UN Environment Program (UNEP).
The international conference on mercury organized by the commission on 26-27 October in Brussels will focus on reducing supply and demand and should make it possible to identify options for global action. The conference comes just four months before the next meeting of the UNEP Governing Council in February 2007, where the issue of a binding global instrument will again be discussed.
The conference aims to increase international awareness of mercury issues and to facilitate contacts between producing/exporting countries and consuming nations. Participants are expected from more than 30 non-EU countries including China, Russia, India, Brazil, the United States and Canada.
Chemical Manufacturer Could be Fined Almost $500,000 for RCRA Violations
Not conducting hazardous waste training for personnel made it more likely that wastes would be mismanaged. Failing to ensure compliance with tank and air emission standards resulted in potentially hazardous air emissions.
Further, the secondary containment system used by the company for their storage tanks was breached, creating the possibility that a spill of hazardous waste from one of the tanks could have been released to the environment. PCI’s storage of incompatible hazardous wastes could have resulted in a fire or explosion at the facility.
“Failing to follow hazardous waste requirements can have significant effects on the environment,” said Robert W. Varney, regional administrator of EPA’s New England office. “These requirements are designed to protect public health and the environment, and hazardous waste handlers have a responsibility to adhere to these safety precautions.”
Under the EPA complaint, PCI could be required to pay up to $472,975 for the violations of the federal Resource Conservation and Recovery Act (RCRA). EPA conducted an inspection of the Newburyport facility in May. Twelve apparent violations were identified.
PCI manufactures chemicals for the pharmaceutical industry. As a result of its manufacturing operations, the firm is a large quantity generator of hazardous wastes, including solvents.
EPA, Utilities Move to Put Older Appliances in Deep Freeze
Each year Americans dispose of roughly 13 million refrigerators and freezers and many of those contain chlorofluorocarbons (CFCs) that deplete the ozone layer and contribute to climate change.
"Promoting the responsible use of products that emit ozone depleting and greenhouse gases makes business sense and protects the environment," said Bill Wehrum, acting assistant administrator for EPA's Office of Air and Radiation. "We have the ability to make a difference by properly disposing of everyday household appliances."
Refrigerators and freezers manufactured before 1995 contain chlorofluorocarbons, which deplete the ozone layer. In addition, about 23 million U.S. households have secondary units in their basements or garages, which are often older, less efficient models that may consume three to four times more energy than newer units.
The new partnership will help utility companies encourage the retirement and proper disposal of these older units while ensuring that CFCs, both in the insulation foam and in the refrigerant, are captured and destroyed or recycled. The program also will promote the recovery and proper disposal of PCBs, mercury, and used oil contained in the appliances.
The new partners include Southern California Edison, Pacific Gas and Electric, PacifiCorp, Nevada Power/Sierra Pacific Power, the Snohomish Public Utility District, Fort Collins Utilities, the Sacramento Municipal Utility District, Austin Energy, and San Diego Gas and Electric. Program partners will provide EPA with data on the quantity of CFCs recovered and destroyed or recycled along with other environmental information. EPA is working with the partners and many key sectors to quantify and reduce emissions and promote efficient technologies that are safer for the ozone layer and Earth's climate.
EPA Dives into Water Efficiency
Looking to expand the water efficiency market, the EPA has issued its first set of specifications to certify professionals in this field. Under the agency's WaterSense program, the specifications set technical requirements for certifying landscape irrigation professionals. Certification programs that meet the EPA's requirements will earn the WaterSense label.
"Wasting water through poor irrigation design is like watching your dollars go down the drain," said EPA Administrator Stephen L. Johnson. "WaterSense irrigation provides smart water solutions that are a win-win for our wallets, and our environment. WaterSense just makes sense."
The programs will test for the ability to design, install, maintain and audit water-efficient landscape irrigation systems, including:
- Tailoring systems to the surrounding landscape and local climate conditions
- Selecting equipment, laying out irrigation systems, and setting up proper scheduling
- Auditing systems that deliver water unequally or inefficiently and recognizing how to improve performance
The specifications announced will allow professionals to become WaterSense partners. They also may use the WaterSense logo to promote their water-efficient landscape and irrigation services to consumers.
WaterSense is a voluntary public-private partnership that identifies and promotes high-performance products and programs that help preserve the nation's water supply. The WaterSense program seeks to generate support for consumer use of water-efficient products, such as water-saving faucets; certification activities for water industry professionals; and innovation in water-efficient product manufacturing.
EPA is inviting organizations that share a commitment to water efficiency to become WaterSense partners. Partnership is open to organizations that certify irrigation professionals and those interested in promoting the WaterSense program, such as water utilities and trade associations. In the future, a broad spectrum of water-efficient products will carry the WaterSense label, from lawn irrigation products to bathroom faucets. The companies that manufacture, distribute, or sell these products will also soon be eligible for partnership.
EPA Reaches Agreement with American Greetings on Clean-Air Violations
The agreement, which includes an $84,854 penalty, resolves EPA allegations that American Greetings sold or distributed, or offered to sell or distribute, in interstate commerce a type of plastic party streamer or silly string propelled by an ozone-depleting chlorofluorocarbon (CFC).
Production of some of these CFCs was stopped in 1995, and federal law strictly controls their use and handling.
EPA Reaches Agreement with FONA on Clean Air and Hazardous Waste Violations
EPA Region 5 has reached an agreement with FONA International Inc. on alleged Clean Air Act and hazardous waste violations at the company's food flavoring manufacturing plant at 525 Randy Road, Carol Stream, Ill.
The agreement, which includes a $70,000 penalty, resolves EPA allegations that FONA violated the Clean Air Act and state regulations by failing to get state construction and operating permits requiring air pollution controls for the plant.
The agreement also resolves EPA allegations that the company violated the Resource Conservation and Recovery Act and state regulations by not complying with recordkeeping and reporting requirements for hazardous wastes generated at the facility.
American Iron Oxide to Pay $150,000 to Settle Outstanding Violations
American Iron Oxide Co. (AMROX) in Allenport, Washington County, will pay $150,000 for outstanding air, waste and water violations.
“Acid releases, failure to control dust emission, unpermitted stormwater and iron oxide releases into the Monongahela River – all of these are serious violations,” Environmental Protection Southwest Regional Director Ken Bowman said.
AMROX operates an acid regeneration and iron oxide production facility that accepts spent pickle liquor from Wheeling-Pittsburgh Steel and U.S. Steel and then regenerates the acid for reuse by the steel companies. Iron oxide is produced in the process, which AMROX sells to magnetic and other industries.
AMROX experienced two acid tank failures in 2004. In response, DEP issued a compliance order for the remaining tank to be inspected promptly, and required AMROX to submit tank inspection and maintenance records.
DEP followed up this incident with an August 2005 consent order and agreement to resolve various tank and waste issues. That agreement placed AMROX on an aggressive schedule to get the remaining acid tanks out of service, inspected and repaired.
Tanks now must undergo annual in-service and biennial out-of-service inspections. Tanks must be registered, and AMROX may not install any new tanks without first obtaining a tank permit. AMROX also installed spill containment curbing between the acid tank farm and its property line.
In 2005, DEP entered into another consent order and agreement with AMROX to address various air quality violations at the Allenport plant, including iron oxide dust releases, to get AMROX on schedule for stack testing for chlorine and hydrochloric acid emissions. The company demonstrated compliance with its air quality stack limitations.
Pennsylvania DEP Issues Violation Notice to Norfolk Southern for Beaver County Train Derailment
The Pennsylvania DEP issued a notice of violation to Norfolk Southern for spills related to a fiery 23-car train derailment that scattered ethanol-hauling tankers into the Beaver River and along its banks last week in New Brighton, Beaver County, Pa.
“While the company responded promptly to mitigate the effects of the derailment, the discharge of ethanol into the river is a violation of the Pennsylvania Clean Streams Law,” DEP Southwest Regional Director Ken Bowman said. “The company is on notice and must continue the cleanup of the material from the riverbanks and Big Rock Park area.”
A notice of violation is a formal decree that informs the company that its actions violated certain state environmental regulations. It is not a penalty assessment.
The accident resulted in the evacuation of some 150 residents in New Brighton and Beaver Falls as tanker cars burned over the entire weekend. The derailment occurred late Friday night, and the evacuation notice was lifted at noon Monday.
All of the damaged cars have been removed from the track, which has reopened, and hauled from the river. They are being stored and processed in New Brighton’s Big Rock Park. Norfolk Southern is inspecting all of the tankers to ensure each is empty before dismantling the cars for transport and disposal.
Throughout the accident response, DEP staff took several water samples of the Beaver River and collected samples near the intakes for the Midland Water Authority as well as inside its water treatment plant.
Preliminary sample results show evidence of ethanol and its additives in the Beaver River within 500 yards downstream of the spill site on the New Brighton side of the river. Samples results confirmed no problems with the area’s water supplies.
Norfolk Southern is conducting an environmental assessment to determine the scope and extent of soil and groundwater contamination at the crash site and any required cleanup. Work continues on the collection of ethanol seeps from the bridge abutment area of the crash site.
Sound Transit Fined $66,000 for Light Rail Water-Quality Violations
The Washington Department of Ecology (Ecology) has fined the Central Puget Sound Regional Transit Authority (Sound Transit) $66,000 for water-quality violations along a 4½-mile section of its light rail line under construction between Seattle and Tukwila.
Ecology also issued an order directing the transit agency to make construction-practice changes with its contractor aimed at preventing stormwater problems from occurring again as the fall and winter rains arrive.
"The rainy season requires special vigilance and planning, especially with very difficult and complex water-quality challenges on this long, narrow project," said Dave Peeler, who manages Ecology's water quality program. "While we have worked closely with Sound Transit to help solve these problems – and will continue doing so – we need to take these additional steps because similar violations have continued to occur."
The penalty cited Sound Transit for 14 discharges amounting to 26 violations of project's construction stormwater permit between August 2005 and June 2006. Sound Transit self-reported each of the discharges as required by its permit.
Each of the discharges contained more silt than the permit allows. The silty water flowed off a work area, directly to Gilliam Creek and the Duwamish River, or ditches or streams that drain to them. Silt-laden water from construction sites presents a special hazard to salmon. When silt settles it can affect developing eggs. Suspended silt irritates the delicate gills of salmon.
Ecology's corrective-action order – which applies to the entire project – addresses a number of violations of the permit by Sound Transit's contractor along the project's Martin Luther King Jr. Way segment from October, 2004 through July 2006. Water that was either acidic or alkaline, or contained high silt levels, flowed from work areas and entered City of Seattle storm drains. The storm drains flow into Lake Washington or the Duwamish River.
Ecology's order directs Sound Transit to:
1. Identify and mark catch basins to ensure that untreated or incompletely treated water is not discharged to storm drains.
2. Develop and follow practices to ensure that alkaline water does not leach from areas where recycled-concrete fill material is used.
3. Develop and follow improved practices to prevent vehicles from tracking dirt and mud from work areas onto streets and roads, and to prevent the release of high-silt and alkaline water from drilling operations.
4. Evaluate and make needed improvements to training, coordination, communication and oversight for all contractors and personnel involved in the project, and implement the permit's stormwater pollution prevention plan.
"We are constantly working with the Department of Ecology to ensure that our contractors comply with these important environmental regulations," said Ahmad Fazel, director, Sound Transit Link Light Rail. "That is why we are so meticulous about reporting these violations to Ecology. In the case of these particular violations, we've had serious discussions with our contractor and many of the corrections in the Ecology order have already been implemented."
MBTA Penalized $326,000 for Failure to Clean Up South Boston Property
The Massachusetts Department of Environmental Protection (MassDEP) and the Attorney General's Office have concluded an agreement with the Massachusetts Bay Transportation Authority (MBTA) regarding the transit agency's failure to complete the cleanup of asbestos and other oil and hazardous materials at its former power plant on East First Street in South Boston.
The Second Amended Final Judgment entered in Suffolk Superior Court includes a $326,000 penalty assessed against the MBTA and payable to the Commonwealth, along with an additional $130,000 to be directed towards a Supplemental Environmental Project in South Boston.
"MassDEP wanted to ensure that the South Boston community would receive a direct environmental benefit from this agreement, in addition to ensuring that a firm timeline will be in place that finishes the clean up of contamination on this property within two years, " MassDEP's Acting Commissioner Arleen O'Donnell said.
Under the Judgment entered into Suffolk Superior Court, the MBTA will direct $130,000 to the South Boston Community Health Center's Asthma Program (SBCHC), which will retain the services of public health nurses, medical assistants and outreach workers in identifying environmental and health issues that lead to a reduction of asthma triggers.
In addition, the MBTA must also pay $100,000 of the penalty within 90 days. The remaining $226,000 will be suspended provided the MBTA meets all the deadlines established for the cleanup of the property.
"This agreement with the MBTA will benefit residents in South Boston," said Alice E. Moore, chief of the Attorney General's Public Protection Bureau. "Not only will the MBTA finish cleaning up the former power plant, but the South Boston Community Health Center will receive $130,000 to study environmental and health issues in hopes of reducing instances of asthma."
The Asthma Control Program will work on the establishment of an action plan for pediatric patients, offer asthma educational resources, home asthma assessments and develop an asthma registry and database that can be used as a model by other community health centers around the city of Boston.
The contamination at the site first came to light in June of 1997 when MassDEP responded to a citizen complaint about the former MBTA power plant at 696 East First Street. MassDEP found conditions of an ongoing release of oil and hazardous materials (including asbestos), which potentially could impact the health and safety of nearby residents as well as persons present at the facility.
As owner and responsible party, the MBTA failed to notify environmental officials of these conditions, failed to conduct timely cleanup actions, and failed to control access to the site, potentially posing a risk to anyone trespassing onto the property. MassDEP referred the case to the Massachusetts Attorney General's Office.
In January 1999, the MBTA, MassDEP and the Attorney General entered into a Settlement Agreement in which the MBTA agreed to implement enhanced security measures to eliminate unauthorized access to the facility. The MBTA also agreed to meet a schedule for limited cleanup of oil and hazardous materials at the former power plant. MassDEP would later assist the Attorney General in determining that the MBTA failed to meet the terms of the January 1999 Settlement Agreement.
In August 2000, the MBTA and the Attorney General entered into a Final Settlement that required the MBTA to conduct a more comprehensive cleanup of the site, including the removal of all asbestos from the buildings and to safely demolish the structure. By 2004, the asbestos had been completely and safely removed from within the structure and the MBTA was allowed to proceed with the demolition of the power plant.
Currently, additional cleanup work on the groundwater and soil on the property is ongoing. Under the agreement announced, the MBTA is required to continue moving forward with the expeditious cleanup of the site. The MBTA must submit a final outcome report to MassDEP by February 2008, or demonstrate that it has in place a treatment system working to remove contaminants in soil and groundwater.
New Rule Boosts Protection of Underground Drinking Water
. The rule targets utilities that provide water from underground sources and requires greater vigilance for potential contamination by disease-causing microorganisms.
EPA Assistant Administrator for Water Benjamin H. Grumblessaid, "These first-ever standards will help communities prevent, detect and correct tainted ground water problems so citizens continue to have clean and affordable drinking water."
The risk-targeting strategy incorporated in the rule provides for:
- Regular sanitary surveys of public water systems to look for significant deficiencies in key operational areas
- Triggered source-water monitoring when a system that does not sufficiently disinfect drinking water identifies a positive sample during its regular monitoring to comply with existing rules.
- Implementation of corrective actions by ground water systems with a significant deficiency or evidence of source water fecal contamination
- Compliance monitoring for systems that are sufficiently treating drinking water to ensure effective removal of pathogens
A ground water system is subject to triggered source-water monitoring if its treatment methods don't already remove 99.99% of viruses. Systems must begin to comply with the new requirements by Dec. 1, 2009.
Ohio Transporter Fined Almost $200,000 for Operating without a Permit
On October 23, Ohio EPA reached a settlement with Vexor Technology, Inc., for past hazardous waste violations and issued an administrative consent order. The violations occurred at its facility in Medina, Ohio. The settlement includes a $195,720 penalty for the following violations:
- Received unmanifested hazardous waste and stored hazardous waste without a permit on hundreds of occasions from April 24, 2000 to present
- Failed to adequately evaluate waste generated to determine if those wastes were hazardous waste
- Failed to retain a copy of a hazardous waste manifest
- Failed to manage universal waste in closed containers
- Failed to manage universal waste in a container
- Failed to label universal waste containers appropriately
- Failed to immediately notify Ohio EPA that the facility had received a hazardous waste that is not a universal waste
- Failed to train employees involved with universal waste handling
- Failed to maintain a complete contingency plan
- Failed to develop and maintain a used oil analysis plan
- Failed to manage used oil in containers in good condition and failed to label containers with the words "Used Oil,"
- Failed to maintain and properly track used oil shipments
- Failed to maintain an operating record and failed to file a used oil processing report
- Failed to properly manage used oil residues from processing
Waste or Product?
It is an age old question: Is that product you are storing or is it waste that you are unintentionally trying to avoid? Even more important than cleaning out your closet at home is frequently going through your facility and checking on the usefulness, condition and age of your products. This guide outlines some basic criteria for determining if your product has become a waste. The fact sheet also gives you pointers on how to store your product so it retains its value.
Missouri Sets Clean-up Guidance for Contaminated Properties
Missouri Department of Natural Resources Director Doyle Childers announced the availability and use of a newly completed process that gives property owners more flexibility in dealing with possibly contaminated sites while still ensuring environmental integrity and public health.
Whitmire Micro-Gen Research Laboratories is one of the first companies to use the new process.
MRBCA can be used to better manage possibly contaminated properties such as manufacturing, industrial or commercial sites. In the past, former dry cleaners, drug stores and shoe factories have all occupied sites that could have benefited from this process.
“The new process will give property owners more flexibility and make cleanups potentially cheaper, thus allowing more contaminated sites in Missouri to be cleaned up and become safer for the public health and the environment,” Childers said. “The department recognizes the need to provide cost-effective site evaluation and cleanup activities, although cleanup laws do not allow cost consideration to compromise human health, public welfare or the environment.”
This guidance is written to provide a more transparent, consistent and predictable regulatory process for those involved in the evaluation and management of contaminated sites. The guidance provides the framework to make decisions related to site evaluation, risk assessment and risk management and a predictable regulatory process for those with property interests.
The new standards will not require property owners to clean up the contaminated groundwater at their sites if the groundwater is not used or could not be used for drinking water. Contamination may be left only if it can be managed safely by tailoring cleanups to site-specific conditions and preventing exposure to human and ecological receptors. The property owner must have appropriate institutional controls, and perhaps engineering controls, to ensure long-term protection.
Larry Sharp, a representative of Whitmire, provided a short site tour and discussed the application of MRBCA to remediation efforts at the site. The use of the MRBCA enabled Whitmire to obtain a Letter of Completion from the department’s Brownfields/Voluntary Cleanup Program. The department’s cleanup certification declared the site safe for non-residential use and provided documentation required for the sale of the property to another owner.
The department worked with stakeholders in the Risk-Based Remediation Rule Workgroup over several years to produce a draft of the technical guidance.
For more information about the event or the department’s MRBCA process, please contact Linda Vogt by telephone at 573-751-6998
$13.9 Million Clean Air Act Settlement with Bunge North America
A multi-state Clean Air Act (CAA) settlement, reached with oilseed processor Bunge North America Inc. and three of its subsidiaries, will eliminate more than 2,200 tons of harmful pollution emissions per year when fully implemented. The $13.9 million settlement covers 12 plants in eight states, each of which has joined the United States as a co-plaintiff. The settlement covers eleven soybean processing plants – in Decatur, Ala.; Marks, Miss.; Destrehan, La.; Emporia, Kan.; Council Bluffs, Iowa; Delphos, Ohio; Marion, Ohio; Decatur, Ind.; Morristown, Ind.; Cairo, Ill.; and Danville, Ill. – as well as a corn dry mill extraction plant also located in Danville, Ill. The U.S. alleges that at some or all of these 12 plants, Bunge or a subsidiary violated the CAA by constructing major modifications that increased emissions without obtaining pre-construction permits and without complying with applicable standards of performance for new air pollution sources.
The settlement, which follows other settlements with oilseed processors, including Cargill Inc. and Archer Daniels Midland Co. (ADM), will continue the imposition of lower emission standards on soybean processing plants and will also require other pollution reduction projects, including piloting of a new technology to reduce harmful emissions from coal-burning boilers. When fully implemented, the settlement will eliminate more than 2,200 tons per year of harmful emissions of smog-forming volatile organic compounds (VOCs), nitrogen oxides (NOx), sulfur dioxide (SO2) and particulate matter (PM).
This settlement will result in healthier air in the eleven airsheds where the plants are located. Eliminating over 1,000 tons of emissions of volatile organic compounds, for example, will reduce the formation of ground-level ozone, a pollutant that irritates the lungs and exacerbates diseases such as asthma,” said Sue Ellen Wooldridge, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “We remain committed to working with EPA and the states to bring companies and industries into compliance with the laws that protect public health and our environment.”
“Agricultural processing facilities can be major sources of air pollution and this settlement secures permanent and substantial emission reductions for citizens in the affected states,” said Granta Y. Nakayama, EPA's Assistant Administrator for the Office of Enforcement and Compliance Assurance. “This agreement is evidence of the Bush Administration’s continuing commitment to ensuring compliance with the Clean Air Act. EPA expects companies to act responsibly and within the law when it comes to protecting public health and the environment.”
Bunge, a multi-state agribusiness based in St. Louis, is the North American operating arm of multinational corporation Bunge Limited, and a leading oilseed processor, corn dry miller, and U.S. exporter of soybeans and soybean-derived products. To extract oil from soybeans or corn, Bunge and its subsidiaries use volatile organic solvents. Emissions of VOCs result because some of the solvent escapes to the atmosphere. NOx, SO2 and PM are emitted when fuel is burned to provide heat for the process; additional PM is emitted by handling and preparation of the soybeans or corn.
Once fully implemented, the settlement will cause Bunge and its subsidiaries to reduce their emissions of harmful air pollutants as follows:
Using engineering approaches appropriate for each plant, the twelve plants’ emissions of VOCs, including n-hexane, which is a listed hazardous air pollutant, will be reduced by 1,122 tons per year (tpy).
Pollution control projects at the plants, including the innovative technology pilot, will reduce emissions of SO2 by 574 tpy, of NOx by 278 tpy, and of PM by 258 tpy.
The emission reduction projects will cost an estimated $12 million. Bunge will also pay a $625,000 civil penalty, which will be divided among the federal government and the eight states. In addition, Bunge will spend more than $1.25 million to implement supplemental environmental projects which go beyond mere compliance to achieve additional environmental benefits. The supplemental projects, which were selected by and will be supervised by the eight states, include removal of mercury, lead or asbestos from schools in Louisiana, providing hazardous materials response equipment and training in Illinois and Mississippi, providing environmental education in Kansas, abatement of residential lead contamination in Illinois, and retrofitting diesel school buses or other diesel vehicles in Indiana, Ohio, Kansas, Iowa and Alabama.
What Products Have the Greatest Environmental Impact
A special issue of Yale's Journal of Industrial Ecology examines the types of products that cause the most environmental damage through their use of resources such as energy, contribution to global warming, toxic impacts, and production of solid waste.
The journal’s research reveals that automobiles, air travel, food (chiefly meat and dairy), and home and related energy use – including heating, cooling and other energy-using appliances – cause up to 80% of the total environmental impact in society.
"The research findings reported in the special issue are important because they help pinpoint the most problematic types of consumption, which include activities that are now commonplace in our lives such as air transport," said Gus Speth, dean of the Yale School of Forestry & Environmental Studies. “That should lead to clearer priorities and better decisions.”
The special issue features the most recent and influential studies on the relative impact of consumption activities. The studies, all independently conducted, conclude that a consistent and robust priority list of product groups can serve as a guide for environmental improvement programs undertaken by industry and government.
In many countries, environmental policy that is centered on production, use and disposal of products—rather than just pollution from smokestacks and drainpipes—is gaining acceptance. The European Union and China are banning hazardous substances from electrical and electronic products, for example, and Japan is implementing a green purchasing law.
“This special issue demonstrates the power of industrial ecology,” says Reid Lifset, editor-in-chief of the Journal of Industrial Ecology. “Concepts and tools that lie at the core of this field, such as life-cycle assessment and input-output analysis, help us to gain a much better understanding of the relative importance of specific categories of consumption for the pressures on the environment.”
The Journal of Industrial Ecology is a peer-reviewed international quarterly owned by Yale University, published by MIT Press and headquartered at the Yale School of Forestry & Environmental Studies. The special issue is based in part on research prepared for the EU-funded project Environmental Impacts of Products (EIPRO). The project was led by Dutch research organizations TNO and CML, and provides an important basis for the EU’s Integrated Product Policy.
Arnold Tukker, manager of the Sustainable Innovation Program at TNO and manager of EIPRO, served as guest editor.
EPA Names 'Best Workplaces for Commuters'
This year, 133 companies employing more than 700,000 workers qualify for this list. The top 20 employers are ranked by the percentage of domestic employees who are eligible for commuter benefits, such as subsidized transit passes, telework, carpool programs, and emergency rides home.
Each year, says EPA, the congestion created from commuting to and from work causes 3.7 billion hours of lost productivity, costing employees 92 million work weeks, and the nation $63.1 billion in wasted time and fuel.
Winners this year include Intel, Microsoft, Google Inc., Oracle, QUALCOMM, Yahoo!, Cisco Systems, Sun Microsystems, Texas Instruments, Applied Materials, Safeco Insurance, Reliant Energy, Wyeth, Apple, and IBM.
Among the winners was Nike, which offers a program called TRAC (Traveling Responsibly Accept the Challenge.) Nike offers monthly prizes and incentives to employees at its World Headquarters and surrounding areas in the Portland, Ore. metropolitan area who can get to work by eliminating the use of a gasoline or diesel-powered vehicle.
TRAC is staffed by a full-time employee transportation coordinator who manages information about the program on the company intranet. The TRAC website offers tips and resources on alternative commuting – everything from public transportation and biking routes, to how to set up a carpool complete with Nike employees or with others in the area. Employees register on the TRAC website each week for the number of alternative commutes they take the week prior. Prizes, which are done by monthly drawing, are given to an average of 40 employees. Other incentives include annual public transportation passes from TriMet for $20 and a shuttle system that allows employees to take public transportation and have a ride to campus and from off-site locations to campus.
Since the program began in 1992, it has reduced the company's average drive-alone rate from 98% to 84%. In fiscal year 2006 ended May 31, 2006, based on an average round trip of 17.8 miles, Nike employees saved approximately 719,343 vehicle miles traveled by using alternative commute modes. That's a saving of 35,967 gallons of gas. Nike also saved 40,413 vehicle trips in FY'05.
Another winner, Sun, provides an array of benefits that help employees pursue environmentally friendly and cost-effective commuting strategies. Sun's commute programs have eliminated more than 3,000 tons of CO2 emissions and have saved employees hundreds of thousands of hours that otherwise would have been wasted in bumper-to-bumper traffic.
Sun's flexible work program for its mobile and distributed workforce, called iWork, consists of leading-edge technologies and forward-thinking work practices that create an innovative, productive work environment where the network is the computer and employees can work anywhere, anytime using any device. The program offers flexible work choices that include the option to work from home or a local drop-in center which allows employees to spend less time and money on commuting. Sun employees also use SMART (Sun Microsystems Alternative Resources for Transportation) programs and services which give up-to-date commuter information, incentives for taking transit, biking and walking to work as well as shuttle rides to better utilize public transportation options near Sun campuses.
To qualify as one of the Best Workplaces for Commuters, employers must provide:
- At least one primary commuter benefit, such as a monthly transit/vanpool pass subsidy or a significant telecommuting program;
- At least three supporting commuter benefits, such as carpool/vanpool incentives, lockers/showers for bikers or walkers, compressed/flexible work schedules, or on-site daycare;
- A central point of contact, who actively informs employees of available commuter benefits; and
- Access to a regional or employer-provided emergency or guaranteed ride home program.
California Launches Go Solar California Web Site
Two months after signing legislation to complete his Million Solar Roofs plan, Gov. Schwarzenegger launched the Go Solar California website ( , a one stop shop for information on the state's solar programs for California residential and commercial power users.
“Because there is so much interest in the Million Solar Roofs program, we are launching a new website this week that has all the information anyone needs to get involved,” said Gov. Schwarzenegger at the Solar Power Conference and Expo in San Jose. “The website has everything you need to participate in our $2.8 billion incentive program so everyone who wants to can go solar.”
Go Solar California enables consumers to have access to all information related to solar energy, how they can easily apply for state rebates specific to their location and utility, and information on federal tax credits. The website will provide information for solar programs for new and existing home owners, schools, public buildings and affordable housing projects.
Providing incentives to consumers and builders of solar homes will help create a self-sustaining solar market where Californians demand energy-efficient, solar homes and the incentives will reduce the nation's dependence on fossil-fuels. Currently, more than 20,000 photovoltaic systems are installed in California generating clean, pollution free electricity.
Since taking office, the Governor has made it a priority to develop a self-sustaining solar industry for California. Gov. Schwarzenegger has worked over the past two years with the legislature and the California Public Utilities Commission to create a world class solar program for the citizens of California. In August, Gov. Schwarzenegger completed these efforts by signing SB 1 by Senator Kevin Murray (D-Los Angeles). The California Public Utilities Commission will lead the implementation of SB1 and has dubbed the legislation, the California Solar Initiative by the CPUC. Through their efforts, this program will be up and running by the January 1 start date. The California Solar Initiative will lead to one million solar roofs by California by 2018.
One million solar roofs will greatly increase the state's rooftop solar energy capacity, providing the output equivalent of five modern electric power plants. This program's 3,000 megawatt goal, taken together with other aggressive solar initiatives such as requiring utilities to acquire 20% of the power used within the state from renewable sources, will make California once again a world leader in solar power.
Growing Renewable Fuels to Keep America Going
. Expanding the successful SmartWay Transport Partnership, SmartWay Grow & Go companies are encouraged to make commitments toward improving the environment through the use of renewable fuels.
The goal of the SmartWay Grow & Go program is to have 25% of EPA's SmartWay Transport partners using renewable fuels by 2012, and 50% by 2020. There are currently 481 SmartWay Transport partners including major truck and rail carriers as well as shipping and logistics companies.
Leading SmartWay partners are already taking action. For example, H-E-B and Meijer are expanding the sale of renewable fuels at their retail pumps, while Coca-Cola Enterprises' light and heavy duty fleets are expanding their use of ethanol and biodiesel as these fuels become more widely available.
Renewable fuels are available today and provide environmental benefits. Ethanol reduces emissions of pollutants such as carbon monoxide and benzene, a known human carcinogen, and biodiesel provides significant reductions in carbon monoxide, particulate matter and sulfates. Use of ethanol and biodiesel results in less greenhouse gas emissions relative to conventional gasoline.
In addition to the environmental benefits, the SmartWay Grow & Go program supports the national energy initiative to increase domestic energy supplies, encourage efficiency and conservation, and develop alternative and renewable sources of energy. The growth of renewable fuels presents an important opportunity for rural America by providing new revenue and job opportunities. From bushels to barrels, farming communities will be helping to power our cars and protect the nation's environment.
Since 2001, the federal government has provided $10 billion to support the development of cleaner, cheaper and more reliable energy sources paving the way for significant advances. In addition, the President Bush's Advanced Energy Initiative requests a 65% increase in research and development funding in FY2007 for biomass and biorefinery efforts moving the fuels of the future into the market today.
Trivia Question of the Week
Recycling a ton of office paper can save how many gallons of oil?
a. 3.8 gallons
b. 38 gallons
c. 380 gallons
d. 3,800 gallons
