In addition, EPA has initiated broad-based outreach and direct engagement with state, tribal, and local governments, industry and labor leaders, non-profits, and others to establish carbon pollution standards for existing power plants and build on state efforts to move toward a cleaner power sector.
“Climate change is one of the most significant public health challenges of our time. By taking commonsense action to limit carbon pollution from new power plants, we can slow the effects of climate change and fulfill our obligation to ensure a safe and healthy environment for our children,” EPA Administrator Gina McCarthy said. “These standards will also spark the innovation we need to build the next generation of power plants, helping grow a more sustainable clean energy economy.”
Under this new proposal, new large natural gas-fired turbines would need to meet a limit of 1,000 lb. of CO2 per megawatt-hour, while new small natural gas-fired turbines would need to meet a limit of 1,100 lb. of CO2 per megawatt-hour. New coal-fired units would need to meet a limit of 1,100 lb. of CO2 per megawatt-hour, and would have the option to meet a somewhat tighter limit if they choose to average emissions over multiple years, giving those units additional operational flexibility.
These proposed standards will ensure that new power plants are built with available clean technology to limit carbon pollution, a requirement that is in line with investments in clean energy technologies that are already being made in the power industry. Additionally, these standards provide flexibility by allowing sources to phase in the use of some of these technologies, and they ensure that the power plants of the future use cleaner energy technologies—such as efficient natural gas, advanced coal technology, nuclear power, and renewable energy like wind and solar.
In response to recent information and developments in the power sector and more than 2.5 million public comments, including those from the power sector and environmental groups, the new proposal sets separate standards for new gas-fired and coal-fired power plants.
Power plants are the largest concentrated source of emissions in the US, together accounting for roughly one-third of all domestic greenhouse gas (GHG) emissions. Currently, nearly a dozen states have already implemented or are implementing their own market-based programs to reduce carbon pollution. In addition, more than 25 states have set energy efficiency targets, and more than 35 have set renewable energy targets. While the US has limits in place for arsenic, mercury, and lead pollution that power plants can emit, currently, there are no national limits on the amount of carbon pollution new power plants can emit.
In 2009, EPA determined that GHG pollution threatens Americans’ health and welfare by leading to long lasting changes in our climate that can have a range of negative effects on human health and the environment. Taking steady, responsible steps to cut carbon pollution from new and existing power plants will protect children’s health and will move us toward a cleaner, more stable environment for future generations, while supplying the reliable, affordable power needed for economic growth.
EPA is seeking comments and information on the proposal, including holding a public hearing, and will take that input fully into account as it completes the rulemaking process. EPA’s comment period will be open for 60 days following publication in the Federal Register. In a separate action, EPA is rescinding the April 2012 proposal.
Separately, EPA has initiated outreach to a wide variety of stakeholders that will help inform the development of emission guidelines for existing power plants. EPA intends to work closely with the states to ensure strategies for reducing carbon pollution from existing sources are flexible, account for regional diversity, and embrace common sense solutions, allowing the US to continue utilizing every fuel source available. In accordance with the June 25 Presidential Memorandum, EPA will issue proposed standards for existing power plants by June 1, 2014.
President Obama’s Climate Action Plan, announced at Georgetown University on June 25, 2013, takes steady, sensible, and pragmatic steps to cut the harmful carbon pollution that fuels a changing climate, prepares our communities for its impacts, while continuing to provide affordable, reliable energy for Americans.
Spartanburg RCRA and DOT Training
Chicago RCRA, DOT, and GHS Hazard Communication Training
Los Angeles 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.
EPA Marks Pollution Prevention (P2) Week with Renewed Emphasis on Reducing Carbon Pollution
This year’s pollution prevention week came just three months after President Obama’s speech at Georgetown University where he outlined his Climate Action Plan to reduce carbon pollution that causes climate change.
In addition to the Climate Action Plan, which outlines a number of common sense steps the administration is taking to reduce carbon pollution like increasing renewable energy and fuel efficiency, there are also a number of steps Americans can take to reduce carbon pollution:
- Save energy and money:
Other ways Americans can protect the environment and reduce pollution include:
- Lower water levels can contribute to higher concentrations of natural and human pollutants.
- Picking safer products: Choosing DfE-labeled products can prevent 40 lb. of potentially harmful chemicals from being released into a home and the environment.
- Using pesticides properly:
- Helping green the playing field: Visit the site to learn if your team is going green and check back often—the page will continually be updated with new stats, environmental victories, and information.
The portal features all of EPA’s eco-labeling partnership programs, whose standards are based on scientific expertise and use the best available data.
Each year, EPA’s grant-funded pollution prevention programs alone report reductions in hazardous emissions by hundreds of millions of pounds, save hundreds of millions of gallons of water, save tens of millions of dollars, and reduce a million or more metric tons of carbon pollution equivalent that would otherwise contribute to climate change. The savings from new results usually continue for years into the future, so the cumulative impacts of these pollution prevention efforts over time become even more significant.
By being aware of how we generate pollution in our daily lives and taking steps to reduce impacts—by making greener product choices, and adopting commonsense and cents-saving measures—we can each reduce our environmental footprints and collectively improve the health of our communities and country.
California Air Resources Board Prepares to Issue First Carbon Offset Credits
Carbon offset credits are issued for GHG emission reductions that take place in sectors not covered under the cap-and-trade program. Each credit represents one metric ton of carbon dioxide and only carbon offset credits issued by the ARB are considered compliance offset credits. The issuance of the carbon offset credits by the ARB follows an extensive evaluation process including third-party verifications that protocols were strictly followed.
“Issuing the first compliance-grade carbon offset credits marks an important step forward for the cap-and-trade program and California’s efforts to fight climate change,” said ARB Chairman Mary D. Nichols. “These offsets have undergone the most rigorous verification of any existing program. They achieve real greenhouse gas reductions under ARB-approved protocols, and deliver a range of additional environmental benefits.”
Covered facilities may use carbon offsets to cover up to 8% of their compliance obligation. Carbon offsets also act as a cost-control measure for covered facilities because offsets generally cost less than allowances, which are issued by the state.
In addition, carbon offsets come from projects that provide significant additional environmental benefits beyond the reduction of GHGs. These include, for example, protection of the ozone layer, or supporting improved forest management, which upgrades water quality and habitat.
The Air Resources Board has begun the process of issuing compliance offset credits for both early action projects and compliance offset projects. The first compliance offset credits are all for projects developed under the Ozone Depleting Substances Protocol. This protocol requires the destruction of potent GHGs that leak into the atmosphere. Eligible ozone depleting substances have been used as refrigerants and as foam-blowing agents. Their release into the atmosphere damages the earth’s ozone layer and also contributes to global warming.
The Air Resources Board has also begun the process of recognizing offset credits for early action projects. Those are GHG emissions reductions generated under Air Resources Board-approved voluntary carbon registry protocols. These credits for early action recognize that real and verified GHG reductions were made in good faith before the cap-and-trade program began.
For carbon offset projects to be considered for Air Resources Board offset credits, they must first be registered with an Air Resources Board-approved carbon registry. Each project developer must then provide a complete history of the project. That documentation and the project site itself must be evaluated by Air Resources Board trained, independent, third-party verifiers. Air Resources Board staff then review each project as well. This process provides the most rigorous and stringent verification methodology in the world.
Offset credit issuance is a three-step process:
- Project developer requests that Air Resources Board issue compliance offset credits, and supplies supporting documentation
- Once ARB verifies the documentation and makes a determination, credits issued by approved offset registries must then be retired
- ARB then issues that number of compliance offset credits for use under the cap-and-trade program
Air Resources Board compliance offset credits will be issued within the Compliance Instrument Tracking System Service (CITSS), the same system in which state-issued allowances reside. Once the determination to issue credits is made by ARB, it can take up to 30 days for the credits to be placed in the holder’s account in CITSS. The current batch of 600,000 offsets—for a combination of early action projects and compliance offset projects—are likely to be issued before the end of the month.
The Air Resources Board currently has 4 approved offset protocols that can generate compliance-grade carbon offset credits:
- Forestry Management Projects (in the lower 48 states)
- Urban Forestry Projects
- Dairy Digester Projects (to capture methane from manure at dairy facilities)
- Ozone Depleting Substances (ODS) Destruction Projects
Texas Refinery to Pay $8.75 Million for Failing to Comply with CAA Enforcement Settlement
The Department of Justice and EPA have announced that Total Petrochemical USA, Inc., (Total) will pay an $8.75 million penalty for failing to comply with the terms of a 2007 settlement with the US that resolved alleged violations of the CAA at its Port Arthur, Texas refinery.
Between 2007 and 2011, Total violated numerous requirements of the 2007 settlement, including failing to comply with emissions limits for benzene, a harmful air pollutant. The company also failed to perform corrective actions or to analyze the cause of over 70 incidents involving emissions of hazardous gases through flaring. EPA discovered the violations through a review of the quarterly compliance reports required by the 2007 settlement.
The 2007 settlement required that Total pay a $2.9 million penalty and make upgrades to its facility to reduce emissions of harmful air pollution to resolve CAA violations. The 2007 settlement further required that Total upgrade leak detection and repair practices and implement programs to minimize flaring, which can result in emissions of gases that can cause serious respiratory problems and exacerbate asthma.
“Total failed repeatedly to adhere to obligations they willingly took on when they settled with the United States in 2007. These are court-enforceable requirements for the protection of the health of their Texas neighbors, not simply the cost of doing business,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Companies that settle with the United States must meet their obligations or there will be consequences, as this significant penalty demonstrates.”
“EPA has been working with local officials, community leaders and organizers, and local industry to improve living conditions for residents of Port Arthur. These efforts have already produced results, especially with the opening of the Westside Health Clinic,” said EPA Regional Administrator Ron Curry. “Clean air is essential for keeping communities healthy. EPA will continue its efforts to hold companies accountable for violating our nation’s environmental laws and meeting our enforcement orders and decrees.”
In addition to the penalty, this action extends the requirement that Total comply with a lower benzene emissions limit for an additional two years. The enhanced limit for benzene, which is 30% lower than the federal limit, was initially required by the 2007 settlement. In addition, Total must hire a third-party to audit its compliance under the settlement and must implement a company task force to monitor its compliance.
Reducing illegal emissions of toxic air pollutants at facilities that have a significant impact on air quality and health in communities is one of EPA’s national enforcement priorities.
Exposure to high concentrations of sulfur dioxide (SO2), a key pollutant emitted from refineries, can affect breathing and aggravate existing respiratory and cardiovascular disease, particularly in children and in the elderly. SO2 is converted in the air into fine particulate matter, which can harm health through decreased lung function, aggravated asthma, and premature death in people with heart or lung disease.
Total is a refiner and petrochemical manufacturer whose products include automotive fuels, lubricants, and liquefied petroleum gas. Total processes approximately 230,000 barrels per day of crude oil.
International Task Force Focuses on Protecting West Coast from Oil Spills
States and provinces on the Pacific Ocean will gather this year in Seattle to discuss emerging issues in energy and how best to protect the West Coast from oil spills. The task force that will meet is known as the Pacific States/British Columbia Oil Spill Task Force, is composed of Alaska, British Columbia, Washington, Oregon, California, and Hawaii. The Washington Department of Ecology is hosting this year’s annual meeting.
The states will update one another on their spill-response programs and initiatives. They’ll also learn about how the transportation of energy is changing along the West Coast; characteristics of new and emerging fuels; arctic issues; and risks of oil spills from vessel traffic.
The task force was authorized by a Memorandum of Cooperation signed in 1989 by Governors of Alaska, Oregon, Washington and California, and the Premier of British Columbia following the Exxon Valdez and Nestucca oil spills. These events highlight the common concerns regarding oil spill risks shared by West Coast states and provinces, and the need for cooperation across shared borders.
The task force provides a forum where members can work together to implement regional initiatives to help protect 56,600 miles of coastline stretching from Alaska to California, and includes the Hawaiian archipelago.
The task force is committed to improving, preventing, preparing for and responding to oil spills. It collects and shares data on spills, coordinates spill prevention projects, and promotes regulatory safeguards.
Members include:
- Thomas M. Cullen Jr., Administrator, Office of Spill Prevention and Response, California Department of Fish and Wildlife
- Gary Gill, Deputy Director, Hawaii Department of Health
- Larry Hartig, Commissioner, Alaska Department of Environmental Conservation
- Dale Jensen, Spills Program Manager, Washington Department of Ecology
- Dick Pedersen, Director, Oregon Department of Environmental Quality
- Wes Shoemaker, Deputy Minister, British Columbia Ministry of the Environment
The meeting is from 8 a.m. to 5 p.m. Wednesday, September 25, in the Microsoft Auditorium at the Seattle Central Public Library, 1000 Fourth Ave.
Six Individuals, Three Corporations Charged in Indiana-Based Biofuels Fraud Scheme
The Justice Department’s Environment and Natural Resources Division and the US Attorney’s Office for the Southern District of Indiana have announced the return of two indictments against six individuals and three companies for offenses involving federal renewable fuel programs, allegedly creating losses to victims totaling more than $100 million. The 88 counts included in the three charging documents include allegations of conspiracy, wire fraud, false tax claims, false statements under the CAA, obstruction of justice, money laundering, and securities fraud.
“Congress enacted incentives for the production of biofuels to make the United States stronger and more energy independent,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Fraud by parties claiming such incentives threatens these important public policies. The Justice Department will vigorously prosecute those seeking to line their pockets using scams like those alleged in this indictment.”
“This morning, federal agents brought into custody individuals who allegedly operated the largest tax and securities fraud scheme in Indiana history,” said US Attorney for the Southern District of Indiana Joseph H. Hogsett. “This case represents a collaborative effort on the part of law enforcement to hold fully accountable those who seek personal profit at the taxpayer’s expense.”
“The Renewable Fuel Standard Program was designed to achieve greenhouse gas emission reductions, promote energy independence and expand our nation’s renewable fuels sector,” said Cynthia Giles, Assistant Administrator for Enforcement and Compliance Assurance, EPA. “Today’s action supports these goals by protecting the integrity of the biofuel market. Those that cheat the system are breaking the law, and undermine our commitment to protect public health and the environment.”
“We are proud to work with our federal partners to identify and investigate groups that manipulate and utilize federal government programs to line their pockets by fraud,” said Robert A. Jones, Special Agent in Charge of the FBI Indianapolis Division. “In doing so, they deceive their customers, their shareholders, and the American public. The FBI will continue the fight against this dishonest and fraudulent behavior which harms the American people and the American economy.”
“The indictments returned today send a loud message that IRS Criminal Investigation operates year round to protect the integrity of our tax system and today is a victory for the American people,” said James C. Lee, Special Agent in Charge, Internal Revenue Service (IRS) Criminal Investigation. “Together with the cooperative efforts of our law enforcement partners, we were able to identify and vigorously investigate the fraud involved in this scheme.”
The Energy Independence and Security Act of 2007 created a number of federally-funded programs that provided monetary incentives for the production of biodiesel. A dollar-per-gallon tax credit was available only to the first person to blend the pure biodiesel (known as B100) with petroleum diesel. After the biodiesel was blended and the tax credit claimed, the resulting product was generally known in the industry as B99, meaning that it was approximately 99% biodiesel and 1% petroleum diesel. Additionally, biodiesel producers could generate and attach credits known as “renewable identification numbers” or RINs to biodiesel they produced. Because certain companies need RINs to comply with regulatory obligations, RINs have significant market value. These two incentives were available only once for any given volume of biodiesel. For these reasons, a gallon of B100 with RINs and an available tax credit was worth much more than a gallon of RIN-stripped B99. At times during the conspiracy, a gallon of B100 was worth up to $2.50 more than an equivalent gallon of B99.
Four of the defendants—Craig Ducey, Chad Ducey, Chris Ducey, and Brian Carmichael—operated E Biofuels, a Middletown, Indiana, company that held itself out as a producer of biodiesel from feedstocks such as animal fat and vegetable oils. The government alleges that these defendants conspired with Joseph Furando and Evelyn Katirina Pattison—two executives with a pair of related New Jersey-based companies that operated under the names Caravan Trading Company and CIMA Green—to purchase RIN-stripped B99 from third parties, pretend that E-Biofuels had produced that fuel at its Middletown facility, and fraudulently resell that fuel to customers as B100 with RINs and an available tax credit. While the E-Biofuels facility was capable of producing B100, at times during the conspiracy it was producing no fuel of its own, but instead was simply acting as a pass-through facility for fuel purchased elsewhere.
The indictment alleges that beginning in July 2009 and continuing until May 2012, these defendants fraudulently sold more than 35 million gallons of RIN-stripped B99 to unwitting customers who paid an inflated price, thinking they were purchasing B100 with RINs and an available tax credit. All told, the customers were allegedly defrauded of more than $55 million as a result of these activities and the IRS was exposed to as much as $35 million in false claims.
The government alleges that the defendants delivered the fraudulently mislabeled fuel to the victims in one of three ways. In some cases, the biodiesel was transported from fuel terminals to the E-Biofuels facility in Middletown where it was unloaded into a holding tank. A short time later, the biodiesel would be reloaded into tanker trucks and delivered to unsuspecting customers along with fraudulent paperwork that misidentified it as B100 with RINs produced by E-Biofuels. On other occasions, the truck drivers did not unload the fuel when they arrived at Middletown plant. Instead, they simply picked up paperwork falsely stating that the truck contained a load of B100 with RINs that originated at the E-Biofuels facility. The truck drivers referred to this procedure as “flipping a load.”
Finally, in the most egregious instances, the truck drivers hauled RIN-stripped B99 from fuel terminals directly to customers. Because these loads never went to the E-Biofuels facility they were known as “ghost loads” or “phantom loads.” In those cases, the defendants faxed or e-mailed the false paperwork to the truck drivers along their routes between the fuel terminals and the customer locations.
In May 2010, E-Biofuels was purchased by Imperial Petroleum, a publicly traded company based in Evansville. After the acquisition, E-Biofuels accounted for more than 97% of Imperial Petroleum’s operating income. Defendant Jeffrey Wilson was the president and chief executive officer of Imperial Petroleum.
The government alleges that Jeffrey Wilson and Craig Ducey knew that E-Biofuels was purchasing biodiesel from third parties instead of making its own biodiesel. They hid this fact from Imperial’s investors, shareholders, and outside auditors by falsely stating that E-Biofuels produced biodiesel from chicken fat and other feedstocks. They made these and other related false statements and omissions in Imperial Petroleum’s annual and quarterly reports filed with the Securities and Exchange Commission and in written and oral communications with Imperial Petroleum’s investors and outside auditors.
If found guilty, the six individuals charged by indictment face up to 20 years in federal prison on some counts, as well as significant fines. The three companies indicted also face significant fines and other regulatory action.
An additional defendant was charged by federal information, and has petitioned the court to enter a plea of guilty and cooperate with investigators. Brian Carmichael was charged with one count of conspiracy to defraud the US. Carmichael has filed a petition with the court indicating his willingness to plead guilty to this charge. Carmichael faces up to five years in federal prison if convicted.
Asarco Agrees to Pay $146,600 for PCB Violations at Arizona Copper Smelter
The company will also spend $115,714 to reduce PCBs at their copper smelter located in Hayden, Arizona.
“Exposure to PCBs is a concern whenever facilities are handling materials containing these toxic chemicals,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Our goal is to safeguard worker health and nearby communities by ensuring that Asarco takes the necessary steps to improve the safety of their recycling and disposal practices.”
As part of the agreement, Asarco has agreed to replace three PCB transformers at the smelter, reducing future risk of exposure to workers and the environment.
PCBs are man-made organic chemicals used in paints, industrial equipment, plastics, and cooling oil for electrical transformers. More than 1.5 billion lb. of PCBs were manufactured in the US 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. Concerns about human health and the extensive presence and lengthy persistence of PCBs in the environment led Congress to enact TSCA in 1976.
CITGO Agrees to Reduce Air Pollution and Pay $737,000 Penalty to Resolve CAA Violations
The Department of Justice and EPA announced that Houston-based CITGO Petroleum Corp., (CITGO) has agreed to pay a $737,000 civil penalty and to implement projects to reduce harmful air pollution, resolving alleged violations of the CAA at its petroleum refining facilities located in Lemont, Illinois, and Lake Charles (Westlake), Louisiana.
In addition to the penalty, the settlement, lodged in US District Court for the Southern District of Texas, requires that CITGO implement projects that are expected to reduce emissions of VOCs, including toxics, by more than 100 tons over the next five years.
“Producing fuel for cars sold in the US carries a requirement to meet Clean Air Act standards,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “The innovative technologies that CITGO is required to install will reduce the impact of its fuel production on the environment and help protect communities from harmful air pollution.”
“The terms of this settlement require projects to significantly reduce harmful air pollution, including reductions in benzene emissions and other cancer-causing air toxics,” said Robert G. Dreher, Acting Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division. “This agreement will benefit communities across the United States with cleaner healthier air and will bring mobile sources of pollution under control, according to the standards of the Clean Air Act.”
To reduce VOC emissions, including toxics, the settlement requires that CITGO install and maintain a geodesic dome on one of the fuel storage tanks at its Lemont refinery, as well as carbon adsorption systems on two fuel storage tanks at its Lake Charles refinery.
In a complaint filed at the same time as the settlement, EPA alleged that the Lake Charles refinery produced fuel that exceeded the refinery’s annual average emissions limit for mobile source air toxics, including benzene. EPA further alleged that CITGO failed to sample and test reformulated gasoline blendstock at its Lemont refinery, as required by the CAA.
The CAA requires that all fuel produced, imported, and sold in the US meet certain emissions standards for harmful pollutants, such as benzene and other cancer-causing air toxics. Air toxics emissions from vehicles and other mobile sources are of particular concern in the areas closest to where they are emitted, but can also be transported long distances, affecting the health and welfare of people in other geographic areas. Some of these toxic compounds can persist in the environment and bioaccumulate in the food chain, further spreading their harmful effects.
The sampling, testing, recordkeeping, and reporting requirements of the fuels program provide the foundation for EPA’s compliance program. Refiners that violate these requirements undermine the integrity of the fuels regulations and hinder the Agency’s ability to ensure gasoline complies with fuel quality and performance standards, potentially leading to an increase in harmful air pollution. The recent settlement supports EPA’s efforts to reduce toxic air pollution from facilities that threaten communities and the environment.
CITGO is a refiner and marketer of transportation fuels, lubricants, petrochemicals, and other industrial products. CITGO is owned by PDV America, Inc., an indirect, wholly-owned subsidiary of Petr?leos de Venezuela, S.A. (PDVSA), the national oil company of the Bolivarian Republic of Venezuela.
Iowa Cattle Feeder Agrees to Innovative Settlement for Violating Water Permit
Branstad Farms, of Forest City, Iowa, did not maintain adequate records associated with the land application of liquid effluent and manure from its feedlot and did not perform sampling of the materials and soil, as required by the NPDES permit.
“This settlement is the first of its kind in Region 7 concentrated animal feeding operation enforcement,” EPA Regional Administrator Karl Brooks said. “Branstad Farms’ willingness to undertake an environmental project like wetland restoration in lieu of a portion of their penalty will benefit Iowa’s water quality. Wetlands provide critical habitat for plants, fish and wildlife; replenish and clean water supplies; and provide recreational opportunities.”
Branstad Farms’ facility has the capacity for approximately 2,500 cattle in confinement barns and outdoor pens, according to an administrative consent agreement filed by EPA Region 7 in Lenexa, Kansas.
Failure to perform sampling or properly document land applications of a feedlot’s manure and manure-containing process wastewater can increase the risk that crops and fields may receive excessive amounts of feedlot-related contaminants. Over-application can significantly increase the risk that pollutants will end up in nearby streams and water bodies.
The consent agreement is subject to a 40-day public comment period before it becomes final.
EPA Strengthens Coal Ash Discharge Rules in Lake Michigan in Response to Public Comments
The S.S. Badger is the last coal-fired ship operating on the Great Lakes.
The revised consent decree was strengthened in response to almost 8,000 public comments on a proposed consent decree that was lodged earlier this year. Copies of the public comments and EPA’s response to those comments were also filed with the court.
“The revised consent decree has been strengthened based on public comments on the proposed consent decree that was lodged in March,” said EPA Region 5 Administrator Susan Hedman. “These revisions increase certainty that the S.S. Badger will stop discharging coal ash to Lake Michigan at the end of the 2014 sailing season.”
The proposed consent decree has been revised to double stipulated penalties for non-compliance with the deadline for ceasing coal ash discharges, to limit the mercury and coal ash content of coal used by the S.S. Badger during the 2014 sailing season, and to require LMC to report information on the quantity of coal ash discharged by the S.S. Badger. The proposed consent decree also requires LMC to pay a $25,000 civil penalty for violating mercury water quality standards in 2012.
Joint Base Elmendorf-Richardson Settles with EPA for Hazardous Waste Violations
The base has taken action to correct the violations and will pay a fine of over $21,000.
“Careful hazardous waste management protects human lives and the environment, and it also prevents the public from having to fund costly cleanup operations,” said Scott Downey, Manager of the Hazardous Waste Compliance Unit at the EPA Seattle office. “Facilities have to inspect hazardous waste storage and keep staff up to date on training to prevent incidents.”
The facility generates and stores hazardous waste from vehicles, aircraft, and other facility maintenance. This includes acids, contaminated soils, batteries, PCB wastes, solvents, used oil, and pesticides.
EPA inspections found a series of violations from 2010–2011, including failure to conduct weekly inspections of hazardous waste facilities and containers for leakage or deterioration; failure to ensure staff participated in annual hazardous waste management training; and failure to submit hazardous waste tracking reports.
United-County Industries of Millbury Assessed $4,330 Penalty for Violating Hazardous Waste and Toxics Use Reduction Act Requirements
The Massachusetts Department of Environmental Protection (MassDEP) has assessed $4,330 in penalties to United-County Industries Corp., which operates a metal heat-treating company in Millbury, Massachusetts, for violating Hazardous Waste Management and Toxics Use Reduction Act (TURA) regulations.
During a routine inspection conducted in October 2012, MassDEP personnel observed that the company generated hazardous waste in excess of its registered generator status, failed to properly label and mark hazardous waste containers, failed to submit accurate data in its TURA Reports, and failed to complete a TURA Plan Update.
In a negotiated consent order, the company will pay $1,083 of the assessed penalty to the Commonwealth and expend an additional $3,247 toward a SEP. The SEP will promote environmental education and awareness; the company will hire a contractor to contact other Hazardous Waste generators and provide training to them on the appropriate regulations and how to stay in compliance with state regulations.
“Companies that generate hazardous wastes have an important responsibility to know and follow the management standards that are required as a result of creating these wastes,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester. “The Supplemental Environmental Project will help many small businesses do a better job with their compliance responsibilities.”
Investigation Finds Illegal Discharge of Amalgam Waste to Septic Systems
MassDEP has penalized two dental facilities in Lynnfield, Massachusetts, and the building owner for violations involving the discharge of dental amalgam wastewater to a septic system.
State regulations specify that an Industrial Wastewater Holding Tank (IWHT) is necessary to prevent dental amalgam, a composite which may contain mercury, from being discharged to a septic system. The specific violations involved the discharge from amalgam separators, which are used in dental offices to capture and recycle the mercury contained within amalgam.
“Any regulated facility, whether medical, industrial, or commercial, must use common sense and caution before discharging anything into a wastewater disposal system,” said Pamela Talbot, head of MassDEP’s Environmental Strike Force (ESF). “Septic systems are not designed to handle or treat medical, industrial or commercial wastes, and should not be used in any manner for which they are not intended.”
The ESF is a joint investigative effort of MassDEP, the Office of the Massachusetts Attorney General’s Office, and the State Police. In April of 2012, ESF inspectors visited the office of Jeffrey D. Corbett, DDS, LLC, and, Brian F. Dalton, P.C., both of whom have practices located at 1 Post Office Square in Lynnfield. Further, the ESF determined this building is owned by Lynnfield Medical Building, LLC.
Following the investigation and a conference with the responsible parties, the two dental practices and the building owner have agreed to cease the illegal discharge, obtain a temporary IWHT, and install a permanent IWHT in a very short turn-around time. Each party has also agreed to pay a $2,000 penalty. There are also suspended penalties that would become due should any of the parties fail to make the required upgrades or corrections within the established timeframe.
The violations involving Dr. Corbett’s practice included the discharge of amalgam-containing industrial waste water from the dental activities, including the discharge from amalgam separators to the on-site septic system; improper storage, handling, and disposal of amalgam waste, resulting in the disposal of amalgam waste into a medical waste container; failure to keep records of amalgam waste handling and recycling; and submittal of inaccurate information as part of MassDEP’s Environmental Results Program (ERP) dental certification. The ERP is a self-certification process that allows certain facilities to certify that the facility is operating in compliance. Dr. Corbett’s practice was penalized $12,000, with $2,000 payable and $10,000 suspended pending compliance.
The violations involving Dr. Dalton’s practice included the discharge of amalgam-containing industrial wastewater from the dental activities, including the discharge from amalgam separators to a wastewater disposal system; submittal of inaccurate information as part of the ERP dental certification; and failure to register as a very small quantity generator of hazardous waste. Dr. Dalton’s practice was penalized $12,000, with $2,000 payable and $10,000 suspended pending compliance.
For allowing the discharge of amalgam-containing industrial wastewater from dental activities, including the discharge from amalgam separators to a septic system under its control, Lynnfield Medical Building, LLC, was penalized $7,000, with $2,000 payable and $5,000 suspended pending compliance.
Mace Polymers and Additives Assessed $16,316 in Penalties for Environmental Violations
MassDEP has assessed $16,316 in penalties to Mace Polymers & Additives, Inc., of Dudley, Massachusetts, for violating Air Pollution Control, Hazardous Waste Management, and Industrial Wastewater regulations. The company manufactures solvent-based and water-based products used in the flooring and textile industries.
During an inspection conducted early last year, MassDEP determined that the company failed to keep specified and accurate air quality records, failed to apply for and receive a new air quality permit for new equipment it had installed, failed to properly label and mark hazardous waste containers, stored hazardous waste for longer than allowable limits based on its notified status, and discharged non-contact cooling water to the ground with a temperature in excess of the allowable limit.
In a negotiated settlement, the company agreed to comply with applicable regulations, install a water chiller system at its facility that will allow it to reuse the non-contact cooling water instead of discharging it to the environment, pay a $7,816 penalty, and fund two SEPs valued at $8,500. Under the SEPs, the company was required to provide $5,000 to the Dudley Fire Department to fund a Household Hazardous Products Collection event and $3,500 to fund energy savings improvements to the town’s Animal Shelter.
“The company was found to be in violation of numerous environmental requirements,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester. “The company has since corrected many of the violations and has agreed to enforceable timelines to resolve those that remain.”
Minnesota DOT Penalized for Stormwater Violations in Mille Lacs County
The stormwater violations resulted during a bridge-replacement project near Princeton, in Mille Lacs County. The bridge, near the intersection of State Highway 95 and County Highway 29, crosses a stretch of the Rum River that is listed by the MPCA as a scenic and recreational special water. Such special waters carry more stringent construction stormwater requirements.
According to MPCA staff inspection reports, the construction site lacked sufficient sediment and erosion controls. Because these kinds of structures and best management practices were not properly in place, erosion occurred and sediment-laden stormwater was allowed to enter the Rum River during construction.
The violations were discovered during inspections between July and November 2010. In addition to paying a $13,750 penalty, MNDOT and its contractors have stabilized the site so it is again in compliance with stormwater rules and regulations.
Pennsylvania DEP Denies Permit Application for Mercer County Landfill
The Pennsylvania Department of Environmental Protection (DEP) has denied a municipal waste landfill permit application sought by Tri-County Landfill, Inc., for the reopening of the Tri-County Landfill in Pine and Liberty townships, Mercer County.
Tri-County Landfill, Inc., is one of several subsidiary companies of Vogel Holdings, Inc., of Mars, Butler County, that are engaged in the waste management business. The department denied the permit based on the compliance history of other Vogel Holding’s subsidiaries, as well as local zoning issues.
Prompted by public comments, the department evaluated the compliance history of Tri-County Landfill, Inc., and several other related waste companies in Butler County that operate under Vogel Holding, Inc.—such as Seneca Landfill, Inc., and Vogel Disposal Services, Inc.—as part of its final review of the permit application. This review identified a history of non-compliance for these related companies, documented in inspection records from 2003 to 2013.
The Pennsylvania Solid Waste Management Act authorizes DEP to deny a permit if it finds that a principal of the applicant corporation was a principal of another corporation that committed past violations of the act.
“Environmental compliance should serve as the cornerstone of every company’s corporate philosophy seeking to do business in Pennsylvania,” Kelly Burch, director of DEP’s Northwest Regional Office said.
Tri-County’s permit application proposed a finished height of 160 feet for the landfill. However, zoning restrictions in Liberty and Pine townships limit the height of structures to 40 feet. These restrictions have been held by the Mercer Court of Common Pleas to apply to the landfill.
In 2000, the Pennsylvania General Assembly passed amendments to the Municipalities Planning Code that require DEP to consider local zoning in permitting actions under certain circumstances. Accordingly, the department is also denying Tri-County’s permit because the design conflicts with local height restrictions.
Tri-County Landfill, Inc., submitted its most recent permit application for the construction and operation of a municipal waste landfill on August 23, 2004. The company previously operated a landfill at this same location, but that facility closed in 1990. Tri-County currently operates a municipal waste transfer station at the site.
South Carolina’s DHEC Remains Firm on Savannah River Site, Nuclear Waste
The US Department of Energy (DOE) notified the South Carolina Department of Health and Environmental Control (DHEC) that it is abandoning a plan to reuse two nuclear waste tanks at the Savannah River Site (SRS).
DHEC provides regulatory oversight of activities at SRS. DOE recently requested permission to reuse the emptied high level waste Tanks 4 and 7. The tanks were emptied as part of an ongoing effort to clean up waste at SRS. DOE also recently submitted budget requests to Congress that concentrate funding on nuclear waste sites in other parts of the country and make it virtually impossible for SRS to meet the milestones agreed to with the State of South Carolina.
In response to DOE’s budget request and indications it would reuse the tanks, Director Templeton warned in an August 28, 2013, letter that DHEC would not permit DOE to jeopardize cleanup efforts at SRS.
Templeton wrote, “On enforcement by DHEC, let me be abundantly clear. South Carolinians place an extraordinary amount of trust in our agency to be the state’s eyes and ears at SRS and to ensure DOE keeps its promises. We will not compromise the future of our state by moving the goalposts. We intend to fully enforce all milestones...”
Expressing concern about the aging tanks, Templeton noted that eight of the tanks are partially or completely submerged in groundwater, with recent evidence showing a pathway for groundwater and rainwater intrusion into tank structures.
“DOE made a wise decision. We can’t afford to reverse course and reuse tanks that SRS employees worked hard to responsibly empty. Today, DOE signaled that it understands South Carolina will hold it to its commitments,” Templeton said. “However, we remain concerned that insufficient funding will lead to other missed commitments and agreed-upon milestones. SRS has already been forced to lay off 465 employees.”
“DOE is playing a shell game with the single greatest environmental threat to our state” said Templeton. “Redirecting waste from one set of tanks to another—and resources from one site to another—does nothing to get DOE on track for upcoming milestones. We need real solutions.”
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Trivia Question of the Week
The melting of the Greenland ice sheet poses an immediate threat to the survival of which animal?
a) Polar bears
b) Penguins
c) Killer Whales
d) Seals