The Court gave the EPA 60 days to “file a written submission with this Court setting forth a proposed deadline for its compliance with [EPA’s] obligation to review and revise if necessary its Subtitle D regulations concerning coal ash, along with its legal justification for its proposed deadline.”
The EPA is now required to provide a schedule for finalizing pending federal coal ash regulations, which were proposed in 2010 and have since languished.
Earthjustice represented Appalachian Voices (NC); Chesapeake Climate Action Network (MD); Environmental Integrity Project (D.C., PA); Kentuckians for the Commonwealth (KY); Moapa Band of Paiutes (NV); Montana Environmental Information Center (MT); Physicians for Social Responsibility (DC); Prairie Rivers Network (IL); Sierra Club (DC); Southern Alliance for Clean Energy (eight southeast states); and Western North Carolina Alliance (NC) in the lawsuit.
The groups issued the following statement:
“Coal ash has contaminated more than 200 rivers, lakes, streams and aquifers across the country. Hundreds of additional unlined and unmonitored coal ash dumpsites exist, as well as hundreds of potentially dangerous coal ash dams. The decision by this federal court to put the EPA on a schedule for finalizing federal coal ash regulations is a victory for the communities and neighborhoods living next to these toxic sites. Federal protection is long overdue. This December marks the 5th anniversary of the tragic coal ash spill in Kingston, TN, where a billion gallons of coal ash sludge destroyed 300 acres and dozens of homes. Our communities have waited long enough for protection from coal ash and we don’t want to see another Kingston disaster happen before federal protections are in place. We’re pleased to see that within the next two months, the EPA must set a deadline for finalizing these critical public health safeguards.”
Williamsburg RCRA and DOT Training
Orlando RCRA and DOT Training
Charlotte RCRA and DOT Training
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.
User Friendly RCRA Reference Document
The tool gathers in one place all publicly available resources so that communities, permit writers, states, and tribes can easily access them. These resources include permit appeals, proposed and final Federal Register Notices for Parts 264, 265, 266, 268, 270, and 124, flow charts of the permitting process that show how the public can be involved, training modules, example permits, and links to the regulations.
Municipal Solid Waste Infographic
The MSW Characterization report provides the most recent available data on annual US waste generation, recycling, and disposal, as well as the benefits of recycling.
Drinking Water Map
The health of our nation’s rivers, lakes, bays, and coastal waters depends on the vast network of streams and wetlands where they begin. These streams feed downstream waters, trap floodwaters, recharge groundwater supplies, remove pollution, and provide fish and wildlife habitat. Streams and wetlands are also economic drivers because of their key role in providing water and habitat to support fishing, hunting, agriculture, and recreation. Approximately 117 million people—one-third of the US population—get some or all of their drinking water from public drinking water systems that rely in part on headwater, seasonal, or rain-dependent streams.
EPA Publishes Climate Adaptation Implementation Plans
In early November, 2013 EPA released 17 Program and Regional Adaptation Implementation Plans for a 60 day public comment period. The docket will open as soon as the Federal Register Notice is published. If you are providing comments through the public docket, it is important to identify which of the 17 Plans your comments refer to.
Program Implementation Plans
Regional Office Implementation Plans
Building on international agreements with China and Quebec to combat climate change, Governor Edmund G. Brown Jr. recently joined the Governors of Oregon and Washington and the British Columbia Premier by teleconference to sign a regional agreement to strategically align policies to reduce greenhouse gases (GHGs) and promote clean energy.
“California isn't waiting for the rest of the world before it takes action on climate change,” said Governor Brown. “Today, California, Oregon, Washington, and British Columbia are all joining together to reduce greenhouse gases.”
The pact seeks to enhance cooperation through a range of activities, including:
- Accounting for the costs of carbon pollution in each jurisdiction
- Harmonizing 2050 targets for GHG reductions and developing mid-term targets needed to support long-term reduction goals
- Taking steps to expand the use of zero-emission vehicles, aiming for 10% of new public and private fleet vehicle purchases by 2016
- Enlisting support for research on ocean acidification and taking action to combat it
- Adopting and maintaining low-carbon fuel standards in each jurisdiction
- Continuing deployment of high-speed rail across the region
California Joins Oregon, Washington, and British Columbia to Combat Climate Change
Signing the agreement is the latest step in a process to link the two jurisdictions that began more than five years ago. In April 2013 the Air Resources Board adopted a regulation setting January 1, 2014, as the start of the linkage, which will enable carbon allowances and offset credits to be exchanged between participants in the two jurisdictions’ programs. The linked programs will provide a working model for other states and provinces that are seeking cost-effective approaches to reducing their GHG emissions.
California Agencies Release Draft Action Plan for Water
The California Water Action Plan will focus on the reliability of the water supply, the needed ecosystem restoration to bring the water system back into balance, and the resilience of infrastructure.
In May, Governor Edmund G. Brown Jr. directed the agencies to identify key actions for the next one to five years that address urgent needs and provide the foundation for sustainable management of California’s water resources.
Each entity will work with affiliated and interested parties and individuals in the next month to gain additional input and provide guidance on future actions. It is anticipated that a final form of the plan will be released in early December.
“Over a century ago, California leaders began the development of one of the most complex water systems in the world,” said Secretary for Natural Resources John Laird. “Now, with 38 million people and the threat of climate change, we more fully understand the need to strike a balance with the environment. This comprehensive water blueprint for the future will help us find that balance and address long standing water issues in California.”
The challenges facing California are many: uncertain water supplies; water scarcity/drought; declining groundwater basins; poor water quality; declining native fish species and loss of wildlife habitat; flood risks; and, supply disruptions.
“California has not kept pace with some of the significant water challenges that face us, including providing safe drinking water for all our communities. And these challenges will only become more serious with a growing population and a changing climate,” said Cal/EPA Secretary Matt Rodriquez. “This draft plan offers a practical set of actions that will begin to address these urgent challenges and set us on a course of sustainable water management in the coming decades.”
California’s nearly $45 billion agricultural industry remains one of the state’s largest and most important economic sectors. A reliable supply of water is a key element of this thriving industry.
“There is no issue more important than water for food production and agriculture,” said Department of Food and Agriculture Secretary Karen Ross. “This plan is a critical pathway that will lead to a long- term, sustainable future for water management in the 21st century.”
This report identifies actions that, in the next five years, will move California toward more sustainable water management by providing reliable water supply for our farms and communities, restoring important wildlife habitat and species, and helping the state’s water systems and environment become more resilient.
Some of the actions are new proposals, such as a greater focus on water recycling for potable reuse. Water recycling is a key part of a broader strategy to make regions more self-reliant by developing new or underused water resources. Locally-developed water will relieve pressure on the Sacramento- San Joaquin Delta and other imported sources and make communities more resilient against drought and climate change.
Other actions reflect work that state agencies are already planning or engaged in, such as enhanced conservation measures for urban and agricultural water users, accelerated habitat restoration efforts, and adding water storage capacity.
Together, these actions address the most pressing water issues that California faces while laying the groundwork for a sustainable and resilient future. All of these actions require cooperation and collaboration among many partners.
The plan’s key actions are:
- Make Conservation a California Way of Life
- Increase Local and Regional Self-Reliance
- Achieve Co-Equal Goals for the Delta
- Protect and Restore Important Ecosystems
- Manage and Prepare for Dry Periods
- Expand Water Storage Capacity
- Provide Safe Drinking Water for All Communities
- Improve Flood Protection
- Increase Operational and Regulatory Efficiency
- Identify Sustainable and Integrated Financing Opportunities
From this effort, California hopes to drive participation in the many venues the state has for policy development and regulation for water.
Hotel Owner Settles with EPA for Asbestos Demolition Violations
“This is an unfortunate example that when asbestos is not properly removed before demolition, the entire debris pile becomes contaminated, putting people at risk, and greatly increasing disposal costs,” said Scott Downey, Manager of the Air and Hazardous Waste Compliance Unit at the EPA Seattle office. “Because this owner failed to check for asbestos before demolition, their $2,000 demolition project ballooned into a $55,000 asbestos waste cleanup and disposal problem.”
In response to public complaints, EPA inspected the demolition site of the former hotel in 2012. BBA Winchester, LLC, demolished the 100-year-old hotel in late 2011 or early 2012, without first inspecting the building for asbestos, removing asbestos materials, or notifying EPA, as required by law. The demolition was in a residential neighborhood and the contaminated debris was unsecured for more than a year, prompting community concerns about asbestos health risks.
EPA inspectors collected samples from the site that showed the demolition debris contained regulated asbestos waste. After confirming the debris was contaminated, EPA worked with BBA Winchester, LLC, to clean up the contaminated debris and ensure proper disposal. Follow-up testing after the cleanup showed that the soil and remaining concrete and glass did not contain asbestos and could be disposed of as normal demolition debris.
Asbestos is a hazardous air pollutant regulated by EPA to protect public health. Building owners and contractors are required to check for asbestos and then remove it before demolition to protect workers and the public from exposure to asbestos fibers. When inhaled, asbestos fibers can lodge in a person’s lungs and lead to respiratory illness including lung cancer, mesothelioma, a rare form of cancer, and asbestosis, a serious progressive lung disease.
DuPont to Pay $800,000 for LDAR Violations
A proposed settlement, involving DuPont, the United States, and the State of West Virginia, was filed in federal district court in Charleston, West Virginia by the US Department of Justice. Under the terms of the proposed consent decree, DuPont has agreed to pay a $800,000 civil penalty, and implement several safeguards to limit emissions of hazardous air pollutants (HAPs), including volatile organic compounds (VOCs) such as formaldehyde, methanol and acetal. VOCs contribute to the formation of ground-level ozone, which is a major component of smog and can cause or aggravate respiratory disease. Ozone also causes damage to forests and crops, fabric and exterior coatings such as oil and acrylic latex, oil coatings and automotive finishes. Some known or suspected effects of exposure to HAPs include cancer, reproductive health problems, and birth defects.
This enforcement action is part of EPA’s national initiative to reduce emissions of HAPs by enforcing compliance with the Clean Air Act’s leak detection and repair (LDAR) regulations. EPA has determined that leaking equipment such as valves, pumps and connectors are the largest source of emissions of hazardous air emissions from chemical manufacturers and petroleum refineries. A facility that is subject to LDAR requirements must monitor equipment containing HAPs at regular intervals to identify leaks, and leaking components must then be promptly repaired or replaced.
In a civil complaint, filed with the proposed settlement, the United States, on behalf of EPA, and West Virginia alleged several violations of LDAR safeguards at DuPont’s Washington Works facility. The violations, which are alleged to have begun in 2007 included failure to monitor pumps, valves, and connectors; failure to calibrate monitoring equipment; failure to identify and report equipment containing HAPs; failure to close open-ended lines containing HAPs; and, failure to conduct required pressure tests.
In addition to the $800,000 penalty, to be divided equally between the United States and West Virginia, the consent decree includes injunctive relief requiring DuPont to implement several measures to improve Clean Air Act compliance and reduce emissions of HAPs at the Washington Works plant. Among other measures, DuPont will commission an independent third-party LDAR applicability audit of the facility; prepare a detailed LDAR manual covering all regulated process units at the facility; implement a LDAR training program; institute a two-year enhanced LDAR program; and conduct quarterly quality assurance and quality control reviews and annual audits of the enhanced LDAR program to review compliance with the consent decree.
The proposed consent decree, which has been filed in the Southern District of West Virginia, is subject to a 30-day public comment period and final court approval.
HBD/Thermoid Inc. to Pay $371,075 for Toluene Emission Violations
HBD/Thermoid, Inc. has agreed to pay a $130,000 civil penalty to settle alleged violations of the Clean Air Act (CAA) at its facility in Chanute, Kansas. As part of its settlement agreement with EPA Region 7, the company will spend an additional $241,075 to complete two supplemental environmental projects.
The settlement stems in part from air sampling conducted in Chanute that showed increased levels of toluene. An EPA/KDHE investigation into area sources for toluene showed that HBD/Thermoid, Inc., has the highest levels of toluene emissions.
The Kansas Department of Health and Environment (KDHE) had previously responded with a similar enforcement action against HBD/Thermoid, Inc., for toluene emissions violations; however, due to continuing and ongoing violations by HBD/Thermoid, Inc., KDHE referred the additional violations to EPA in 2011.
The company violated federal CAA regulations by not complying with 12-month rolling averages for Hazardous Air Pollutants (HAP) emission limits between January 2011 and March 2012. The company is a major source of HAPs, with the potential to emit more than 10 tons per year of toluene.
“Improving air quality is one of Administrator McCarthy’s biggest priorities,” EPA Region 7 Administrator Karl Brooks said. “Working with KDHE, EPA Region 7 was able to bring a repeat violator into compliance and facilitate its supplemental environmental projects, which will result in cleaner air for people living and working in the Chanute area.”
HBD/Thermoid, Inc., will complete two supplemental environmental projects valued at $241,075 as a part of the settlement. The company will purchase and install an emission capture and control system to reduce certain HAP emissions by approximately 97%. The second supplemental environmental project will substitute non-HAP or low-HAP containing solvents for toluene and other HAP-containing solvents in its manufacturing areas and solvent shed, resulting in an approximate 93% annual emissions reduction.
Toluene is an organic liquid with a sweet, benzene-like odor. HBD/Thermoid, Inc., primarily uses toluene as a solvent in its fabric-coating operation as part of its hose and duct manufacturing process. Other industry uses include the use of toluene in the production of benzene and urethane. Long-term exposure to toluene may result in damage to the nervous system, kidneys, or liver.
By agreeing to the settlement, HBD/Thermoid, Inc., has certified that it is in compliance with the CAA and all of its requirements.
Veolia Fined $95,000 for PCB violations
The violations stemmed from two inspections in 2008 and 2010. EPA inspectors found the company used PCB-contaminated structures, and improperly stored and disposed of PCBs in violation of the federal Toxic Substances Control Act.
“Our goal is to safeguard workers and nearby communities from the health hazards of PCBs,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “This settlement ensures that Veolia will take necessary steps to improve its storage and disposal practices.”
Veolia Environmental Services North America, the parent company of Veolia ES Technical Solutions, LLC, employs over 5,400 staff generating $1.1 billion in revenues in 2012. The company specializes in the management, treatment and disposal of waste.
PCBs are man-made organic chemicals used in paints, industrial equipment, plastics, and cooling oil for electrical transformers. More than 1.5 billion lbs of PCBs were manufactured in the United States before the EPA banned the production of this chemical class in 1978, and many PCB-containing materials are still in use today.
When released into the environment, PCBs remain for decades. Tests have shown that PCBs cause cancer in animals and are suspected carcinogens in humans. Acute PCB exposure can also adversely affect the nervous, immune, and endocrine systems as well as liver function.
This case is one of three PCB electrical transformer recyclers in the Pacific Southwest region. In the last two years EPA has inspected and taken enforcement action against all three PCB facilities regarding improper management. The last action involved Lighting Resources, LLC, a Phoenix based company, which settled in May.
Executive Order 13650: Improving Chemical Facility Safety and Security Meeting
On November 5, 2013, from 8:00 a.m.–4:30 p.m. there will be an Improving Chemical Facility Safety and Security (Executive Order 13650 (EO)) public listening session. The Working Group will share an overview of the various sections of the EO and the progress made to date on each. The meeting will be held at The College of the Mainland, The Learning Resource Center Auditorium, Room 131 at 1200 Amburn Road, Texas City, TX 77591. Registration is required to attend in person. A teleconference bridge is available for those who cannot attend in person but who wish to listen to the day's proceedings.
Pretium Packaging Fined for Fluorine Risk Management Violations
EPA recently announced that Pretium Packaging, LLC will pay a $75,860 penalty to settle alleged violations of federal risk management requirements at two plastic bottle manufacturing facilities—one in Manchester, Pennsylvania, and another now-closed facility in Muscatine, Iowa.
These safeguards require regulated facilities to take steps to identify and assess the hazards posed by regulated substances, develop an accident prevention program to reduce the risk of accidental releases and develop an emergency response program.
The alleged violations at both plants involved fluorine, an extremely hazardous substance. According to EPA, Pretium’s Manchester, Pennsylvania, facility did not have adequate safeguards in place for the fluorine process equipment, did not file a risk management plan in a timely manner and had not updated emergency contact information. Pretium also allegedly failed to submit a risk management plan for fluorine at its Muscatine facility which ceased operations in October 2010.
As part of the settlement, the company did not admit liability for the alleged violations, but has certified that it is now in compliance with applicable regulations.
Whiting Oil and Gas Fined for Oil Spill
The EPA announced recently that it has entered into a consent agreement and final order (CAFO) with Whiting Oil and Gas Corporation to resolve violations involving 820 barrels of crude oil released on September 23, 2012, in Ouachita County, Arkansas.
On the date of the incident, Whiting Oil and Gas reported the crude oil release to EPA. The release impacted Smackover Creek and adjoining shorelines. Erosion in the bank caused the fracture in the pipeline that led to the creek’s tributary.
The penalty paid for this spill will be deposited in the federal Oil Spill Liability Trust Fund managed by the National Pollution Fund Center. The Oil Spill Liability Trust Fund is used to pay for federal response activities and to compensate for damages when there is a discharge or substantial threat of discharge of oil or hazardous substances to waters of the United States or adjoining shorelines.
Float Glass Manufacturer to Pay Over $200,000 for Hazardous Waste Violations
Pilkington North America, Inc. (PNA), a company that manufactures float glass used by architectural and automotive markets will pay more than $200,000 to settle violations of hazardous waste laws, the Department of Toxic Substances Control (DTSC) announced recently.
A Stipulation for Entry of Final Judgment on Consent (Stipulation) filed by the California Attorney General’s Office on behalf of DTSC secures injunctive relief and requires that PNA pay a total of $207,723, including $187,975 in civil penalties and $19,748 in reimbursement of DTSC’s costs.
According to DTSC, PNA has a history of hazardous waste violations that date back to 2007 at its Lathrop facility at 500 East Louise Avenue.
A complaint filed in Sacramento County Superior Court contains fifteen causes of action, including illegal storage of hazardous waste, illegal disposal of hazardous waste, failure to have a legally mandated contingency plan to deal with spills or other unplanned releases, and inadequate training of staff who handle hazardous waste at the facility.
“Compliance with the Hazardous Waste Control Law is vital to protecting the environment and precluding health risks to workers and the community,” said Paul Kewin, Division Chief for DTSC’s Enforcement and Emergency Response Program. “This settlement signifies the department’s continuing efforts to uphold both environmental safety and compliance with existing law.”
Some of the most serious violations that DTSC identified during its December 2010 inspection of PNA included illegal disposal of hazardous and extremely hazardous waste onto the floors of the facility. Inspectors found acid spills in the battery recharging area, selenium powder in the raw materials section and used oil on the ground throughout the facility.
PNA also appears to have operated an aerosol can processing device without first obtaining required approval from the local Certified Unified Program Agency (CUPA). DTSC found the aerosol can puncturing device improperly stored on a wooden pallet without secondary containment, and employees were allowed to operate the device without proper training.
Washington State Makes Changes to Children's Product Chemical List
The Washington Department of Ecology (Ecology) has adopted changes to the Children’s Safe Product Act reporting list, which specifies the chemicals that children’s product manufacturers must report on under the law.
Ecology added a chlorinated tris flame retardant (tris[1,3-dichloro-2-propyl]phosphate) and removed a chemical solvent called n-butanol.
The changes respond to two petitions Ecology received to amend the reporting rule. The Washington Toxics Coalition and the American Chemistry Council, which submitted the petitions, provided information that was not available to the agency when the reporting rule was developed in 2011. Revising the list requires amending the rule.
Ecology, in consultation with the state Department of Health, developed the list of chemicals of high concern to children. The list currently contains 66 chemicals. Under the law, manufacturers of children’s products must report to Ecology if their products contain these chemicals. The reporting rule phased in the reporting requirements.
L.A. Regional Water Board Files Notice of Intent to Sue US Army Corps of Engineers for Water Quality Violations
The Water Board is being represented in the matter by the California Attorney General's office.
The 60-day notice of intent, which was signed by Los Angeles Water Board Executive Officer Samuel Unger and sent to the Army Corps on October 31, cites unauthorized Army Corps dredge and fill operations at the Verdugo Wash in the city of Glendale and the Sepulveda Basin in the San Fernando Valley.
During the 60-day notice of intent period, the Los Angeles Water Board will attempt to seek a resolution through a formal agreement with the Army Corps that the Corps will, going forward, seek state water quality certifications before engaging in dredge and fill activities in waters of the United States.
The Verdugo Wash is a 9.5 mile long tributary of the Los Angeles River, and the Sepulveda Basin is a 2,000 acre flood risk management basin on the upper portion of the Los Angeles River. The Verdugo Wash and the Los Angeles River are waters of the United States and of the State of California.
These unauthorized dredging activities by the Army Corps have resulted in substantial discharges of sediment to these jurisdictional waters.
“The Army Corps of Engineers both implements and oversees dredge and fill operations in waters of the United States. The Corps is subject to the same requirements as all other dischargers when it implements dredge and fill projects,” said Maria Mehranian, Chair of the Los Angeles Water Board. “Our action today will prevent unauthorized projects that result in habitat destruction from happening in the future, and supports the Los Angeles River revitalization efforts by the Water Board, city of Los Angeles, and other stakeholders.”
One of the Los Angeles Water Board’s core functions is to protect the waters of California and the United States from pollution and contamination. The Clean Water Act and Porter-Cologne prevent the dredging and filling of waters of the United States except as allowed by a permit and state water quality certification.
In early 2012, the Los Angeles Water Board learned that the Army Corps had illegally removed vegetation and sediment at the confluence of the Verdugo Wash and the Los Angeles River. The Army Corps’ action was undertaken without receiving the required state certification from the Los Angeles Water Board under Section 401 of the Clean Water Act. The Army Corps’ unauthorized removal of habitat at the site harmed water quality in an approximate 6.5 acre area in the confluence.
In December 2012, the Los Angeles Water Board learned that the Army Corps had removed approximately 43 acres of vegetation from a designated wildlife preserve in the Sepulveda Basin. A subsequent investigation revealed that significant heavy equipment was used to remove vegetation from a large portion of the Basin.
Four water bodies within the Sepulveda Basin were affected: The Los Angeles River, Haskell Creek and Encino Creek, all waters of the United States, and Pothole Pond, a water of the State of California.
Specifically, the Army Corps, without state certification from the Los Angeles Water Board, removed riparian vegetation along Haskell Creek, which impacted water quality because heavy equipment used in the process caused direct sediment discharges to the water. Removal of the vegetation caused destabilization and erosion, which is a significant threat to water quality. Removal of vegetation along the banks of Haskell Creek impaired riparian and aquatic habitat and beneficial uses by increasing direct sunlight exposure and water temperature, which can affect several species of fish common in the Los Angeles River.
The Army Corps also conducted dredge and fill operations in the Los Angeles River and its tributary, Encino Creek. Islands within the river bed were modified, and in some areas cleared of vegetation and sediment by construction equipment.
The Los Angeles Water Board contends that the Army Corps routinely fails to apply for and obtain Clean Water Act Section 401 Water Quality Certifications from the Water Board for flood control maintenance activities, as required by law. In addition, the Army Corps routinely fails to implement best management practices or provide compensatory mitigation for permanent or temporary impacts to water quality.
During the 60-day notice period the Los Angeles Water Board is prepared to discuss remedies with the Army Corps for the violations. If resolution is not reached, the Water Board intends to sue the Army Corps in United States District Court, seeking a court order directing the Army Corps to restore or otherwise mitigate the damaged areas of the Verdugo Wash and the Sepulveda Basin, and issue an order directing the Army Corps to comply with Section 401 of the Clean Water Act for future dredge and fill activities.
Business Owner Arraigned for Illegal Removal of Asbestos
The owner of a Worcester plumbing and heating company has been arraigned in connection with the alleged improper removal and disposal of asbestos in a Worcester, Massachusetts home, Attorney General Martha Coakley announced recently. Some of the asbestos-containing material was allegedly improperly disposed of in the basement of the home.
Francis Scavone III, age 27, owner of Scavone Plumbing & Heating, was arraigned on Monday in Worcester Superior Court on charges of Violating the Massachusetts Clean Air Act (5 counts) in connection with failing to file the required notification of asbestos removal with the Massachusetts Department of Environmental Protection (MassDEP), failing to follow the required procedures relative to removal of asbestos, and disposing a portion of the asbestos waste in an unpermitted location, namely the basement of the home.
At the arraignment, Scavone pleaded not guilty to the charges and was released on personal recognizance, with the condition that he abstain from working on any job or project involving asbestos-containing material.
“We allege that this defendant is responsible for the improper removal and disposal of asbestos, a hazardous material, therefore putting the homeowner and workers at risk,” AG Coakley said. “Companies and individuals must adhere to strict guidelines relating to asbestos removal in order to prevent people from being exposed to this dangerous toxin.”
“Plumbing and heating contractors are well aware that asbestos is a known carcinogen because they encounter asbestos-containing materials routinely in their line of work,” MassDEP Commissioner Kenneth Kimmell said. “The removal and disposal must be done by licensed and trained asbestos professionals in accordance with the regulations and with the required work practices to protect workers, the general public and the environment.”
The Environmental Crimes Strike Force began an investigation in December 2012, after the matter was referred by the Massachusetts Emergency Response Agency (MEMA) and initially inspected by investigators from the MassDEP’s Central Regional Office.
According to authorities, in November 2012, Scavone Plumbing & Heating began work to remove an old heating system from a residence in Worcester. Authorities allege that Scavone failed to notify MassDEP that the work would be disturbing asbestos when removing the boiler and did not follow the appropriate procedures to prevent asbestos emissions.
The Department of Labor Standards requires that the removal of asbestos be performed by a licensed contractor, and pursuant to MassDEP regulations, contractors must provide notification of when the removal will occur and follow certain methods and standards for the safe removal, storage, and disposal of the asbestos throughout the abatement process.
Authorities also allege employees of Scavone Plumbing & Heating who were performing the work were instructed to dispose of some of the asbestos-containing material in the crawl space of the basement of the home.
This action stems from an investigation by environmental analysts at MassDEP, Gregory Levins and Donald Heeley, and the Massachusetts Environmental Strike Force, an interagency unit that is overseen by AG Coakley, Energy and Environmental Affairs Secretary Rick Sullivan, and MassDEP Commissioner Kimmell. The Strike Force comprises prosecutors from the Attorney General’s Office, Environmental Police Officers assigned to the Attorney General’s Office, and investigators and engineers from the MassDEP who investigate and prosecute crimes that harm or threaten the state’s water, air, or land and that pose a significant threat to human health.
A Worcester County Grand Jury returned indictments against Scavone on September 19. He was arraigned on Monday in Worcester Superior Court and is due back in court on December 5 for a pre-trial conference.
Members of the public who have information regarding a potential environmental crime are encouraged to contact the MassDEP Environmental Strike Force Hotline at 1-888-VIOLATE (846-5283) or the Attorney General’s Office at 617-727-2200.
Failure to Cleanup Former Gas Station Lands Massachusetts Company $40,000 Fine
The Massachusetts Department of Environmental Protection (MassDEP) penalized the R.J. Kelly Company and its owner and operator, Richard J. Kelly, $40,000 for failing to properly clean up petroleum contamination emanating from a gasoline station he owned at 116 Cambridge Street in Burlington. Kelly and his firm must also pay an additional $5,200 settlement amount for missed cleanup deadlines by which he avoided paying compliance fees.
In addition to the penalties, Kelly must complete timely cleanup actions based on the following deadlines: by December 1, 2013, a comprehensive site assessment; by March 1, 2014, a cleanup action plan; by June 1, 2014, an implementation plan for the cleanup; and by December 1, 2014, a final cleanup outcome report or a status report of ongoing remediation.
"The long delay and failure to meet required cleanup deadlines at this property were unacceptable. We are pleased that, through this settlement, the responsible party has agreed to do what the law requires," said Eric Worrall, director of MassDEP's Northeast Regional Office in Wilmington. "Anyone who contaminates the environment simply must ensure that the cleanup is done properly and fully."
Kelly owned and operated a gasoline station at 116 Cambridge Street where a release was first reported in December 1985 when the underground storage tanks were removed. Subsequent cleanup actions were initiated by Kelly in 1988 and sporadically until 2001.
Beginning on June 18, 1999, Kelly began, and repeatedly alleged over the years, that any remaining contamination was not related to his property, but to another gasoline station. MassDEP believes that the facts do not support Kelly's allegation. MassDEP has agreed to suspend half the $40,000 assessed penalty provided that Kelly meets the cleanup deadlines and all terms of the consent order.
Wheelabrator Millbury, Inc. Pays $14,370 Penalty for Beginning Construction Without a Permit
Wheelabrator Millbury, Inc., which operates a municipal waste combustion ash landfill at 620 Hartford Turnpike in Shrewsbury, has paid a $14,370 penalty for violating Solid Waste regulations at the landfill.
During a review of facility operations, the Massachusetts Department of Environmental Protection (MassDEP) determined that the company began construction on a new scale house at the landfill before receiving a Major Post Closure Use Permit required before construction can begin on a closed portion of the landfill.
In a consent order, the company agreed to the penalty, all of which will be used in a Supplemental Environmental Project to help the Town of Shrewsbury replace vintage windows from 1966 at the Town Hall with energy efficient windows.
"Any construction proposed on a closed portion of a landfill must be permitted prior to beginning it in order to ensure the work does not adversely affect the integrity of the landfill capping system," said Lee Dillard Adams, director of MassDEP's Central Regional Office in Worcester. "The Supplemental Environmental Project will help lower heating and cooling costs for the Town of Shrewsbury."
NMED Settles Air Quality Violations with Regency Field Services LLC
The New Mexico Environment Department has entered into a settlement agreement with Regency Field Services, LLC, with a total monetary value of $80,336, to resolve alleged violations of air quality permits at the company’s Jal #3 Gas Plant, a natural gas treating and processing facility in Lea County.
The violation was discovered during an onsite inspection that took place in September 2012. The allegations include matters pertaining to compliance testing requirements. Regency has taken corrective action to prevent the recurrence of such a violation and worked with the Department to promptly come to a settlement.
“We want all our regulated facilities to come into compliance,” said Ryan Flynn, Cabinet Secretary- Designate for the New Mexico Environment Department. “We appreciate Regency’s prompt attention to this matter and their efforts to ensure that this issue was corrected.”
Regency Field Services, LLC, is a wholly-owned subsidiary of Regency Energy Partners LP, based in Dallas, Texas. Regency Energy Partners purchased Southern Union Gas Services and merged certain Southern Union entities, including the one that previously owned the Jal #3 Gas Plant, into Regency Field Services, LLC.
Metal Finisher Fined $60,000 for Dangerous Waste Violations
The Washington Department of Ecology (Ecology) has fined Blue Streak Finishers, Ltd. (Blue Streak), $60,000 for unsafe handling and disposal of dangerous waste. A companion order directs the company to make specific changes to correct its violations.
Ecology observed the violations during three inspections in 2012 and 2013 at the metal-finishing company located at 1520 80th St. SW, Everett.
"We prefer to work cooperatively with a company to fix problems without fines or orders. After informing Blue Streak about corrections needed at this facility, we still saw violations there," said K Seiler, who manages Ecology’s Hazardous Waste and Toxics Reduction Program. "Many similar firms follow state hazardous waste laws designed to keep contaminants out of the environment, and Blue Streak must do so as well."
Dangerous waste laws and regulations require safe practices that prevent pollution and protect the public and workers.
Blue Streak’s violations cited in the penalty include:
- Failure to designate, or identify and properly handle, dangerous waste materials
- Placing dangerous waste in regular garbage that should have been shipped for appropriate disposal
- Lack of proper testing, labeling, and inspection of dangerous waste storage tanks
To correct these and other violations, Ecology has issued a formal order that requires specific corrections within 30 to 90 days. Those include:
- Determining if a liquid waste currently being discharged to the sewer is a hazardous waste
- Making multiple waste tank corrections
- Developing a training program on proper and safe dangerous waste handling procedures, including specific responsibilities of plant staff
- Providing written records of proper employee training and dangerous waste monitoring and handling
- Preparing an emergency contingency plan, in cooperation with public safety agencies, hospitals and other response organizations
Ecology levied the fine and order after numerous follow-up communications to explain what the business needed to do to comply with standards. The penalty could have totaled $166,000 had Ecology opted to cite the facility for duplicate violations in different production areas observed during the three inspections. State law allows a maximum fine of $10,000 per violation per day.
Blue Streak has the right to appeal the $60,000 penalty, the order, or both within 30 days to the Washington State Pollution Control Hearings Board.
Environmental News Links
Trivia Question of the Week
How do solar energy systems store energy for use when the sun is not shining?
a) Batteries
b) Composted sewage sludge
c) Molten salt
d) Both a and c