Learn DOT’s New Rules for Lithium Battery Shipments
- Enhance packaging and hazard communication requirements for lithium batteries transported by air
- Replace equivalent lithium content with Watt-hours for lithium ion cells and batteries
- Adopt separate shipping descriptions for lithium metal batteries and lithium ion batteries
- Revise provisions for the transport of small and medium lithium cells and batteries including cells and batteries packed with, or contained in, equipment
- Revise the exceptions for small cells and batteries in air transportation
- Revise the requirements for the transport of lithium batteries for disposal or recycling
- Harmonize the provisions for the transport of low production and prototype lithium cells and batteries with the ICAO Technical Instructions and the International Maritime Dangerous Goods Code
- Adopt new provisions for the transport of damaged, defective, and recalled lithium batteries
If you ship batteries by ground or air, you must comply with the latest DOT and IATA/ICAO regulations that specify how the batteries must be packaged, marked, labeled, and transported. The rules apply not only to batteries, but also to equipment or vehicles that contain batteries as well as batteries packed along with equipment. Virtually all types of batteries are regulated, including lithium, lead-acid, nickel cadmium, and metal hydride alkaline. According to 49 CFR 172.704, all personnel involved in the classification, packaging, marking, labeling, or shipment of batteries must receive initial and recurrent transportation training.
New Orleans RCRA and DOT Training
Philadelphia RCRA and DOT Training
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Government Agencies Ordered to Reduce Greenhouse Gas Emissions
As part of his commitment to lead by example to curb the emissions that are driving climate change, President Obama issued an Executive Order that will cut the Federal Government’s greenhouse gas (GHG) emissions 40% over the next decade from 2008 levels—saving taxpayers up to $18 billion in avoided energy costs—and increase the share of electricity the Federal Government consumes from renewable sources to 30%. Complementing this effort, several major Federal suppliers are announcing commitments to cut their own GHG emissions. The Administration is hosting a roundtable that will bring some of these large Federal suppliers together to discuss the benefits of their GHG reduction targets or to make their first-ever corporate commitments to disclose emissions and set new reduction goals.
Together, the combined results of the Federal Government actions and new supplier commitments will reduce GHG emissions by 26 million metric tons by 2025 from 2008 levels, the equivalent of taking nearly 5.5 million cars off the road for a year. And to encourage continued progress across the Federal supply chain, the Administration is releasing a new scorecard to publicly track self-reported emissions disclosure and progress for all major Federal suppliers, who together represent more than $187 billion in Federal spending and account for more than 40% of all Federal contract dollars.
Since the Federal Government is the single largest consumer of energy in the Nation, Federal emissions reductions and progress across the supply chain will have broad impacts. The new commitments support the United States’ international commitment to cut net GHG emissions 26-28% below 2005 levels by 2025, which President Obama first announced in November 2014 as part of an historic agreement with China. Additionally, the goals build on the strong progress made by Federal agencies during the first six years of the Administration under President Obama’s 2009 Executive Order on Federal Leadership on Environmental, Energy and Economic Performance, including reducing Federal GHG emissions by 17%—which helped Federal agencies avoid $1.8 billion in cumulative energy costs—and increasing the share of renewable energy consumption to 9%.
With a footprint that includes 360,000 buildings, 650,000 fleet vehicles, and $445 billion spent annually on goods and services, the Federal Government’s actions to reduce pollution, support renewable energy, and operate more efficiently can make a significant impact on national emissions. The President’s action will build on the Federal Government’s significant progress in reducing emissions to drive further sustainability actions through the next decade. In addition to cutting emissions and increasing the use of renewable energy, the Executive Order outlines a number of additional measures to make the Federal Government’s operations more sustainable, efficient and energy-secure while saving taxpayer dollars. Specifically, the Executive Order directs Federal agencies to:
- Ensure 25% of their total energy (electric and thermal) consumption is from clean energy sources by 2025
- Reduce energy use in Federal buildings by 2.5% per year between 2015 and 2025
- Reduce per-mile GHG emissions from Federal fleets by 30% from 2014 levels by 2025, and increase the percentage of zero emission and plug in hybrid vehicles in Federal fleets
- Reduce water intensity in Federal buildings by 2% per year through 2025
In addition to setting aggressive new efficiency standards for Federal agencies, the Administration is engaging with major Federal suppliers to encourage them to adopt similar practices. The Administration hosted a roundtable that will bring some of the largest Federal suppliers together to discuss the benefits of their GHG emission reduction targets or to make their first-ever corporate commitments to disclose emissions and set new reduction goals. The companies that attended the roundtable each do more than $1 billion a year in business with the US Government and together account for about $45 billion in Federal contract spending. Combined, they bring a total GHG reduction commitment of 5 million metric tons between 2008 and 2020.
EPA Wants Your Input on How to Reduce Regulatory Burdens
Executive Order 13563, “Improving Regulation and Regulatory Review,” and Executive Order 13610, “Identifying and Reducing Regulatory Burdens,” call on all federal agencies to conduct a retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome and to modify, streamline, expand, or repeal them in accordance with what has been learned. The EPA is particularly seeking public input on how the agency can promote regulatory modernization through business-process streamlining, facilitated by improved technology
Ninety British Petroleum Underground Storage Tank Sites Banned from Cleanup Reimbursement
The agreement significantly reduces BPNA’s future claims against the cleanup fund, which is administered by the State Water Board. Disqualifying these 90 sites could save up to $135 million. In addition, BPNA’s 153 remaining cleanup sites that are eligible for reimbursement will each have a $25,400 offset levied against them, reducing future claims by nearly $3.9 million.
As part of the agreement, BPNA also has agreed to pay $7.9 million as part of a False Claims Act settlement with the State Water Board, the state Attorney General’s Office and a third-party plaintiff.
“The UST Cleanup Fund is a critical tool the State Water Board uses to protect public health and safety and the environment,” said Cris Carrigan, chief of the State Water Board’s Office of Enforcement. “It is imperative that claimants not engage in bad faith or fraud when accessing these vitally important public-benefit funds by submitting false or misleading statements. If they do, the State Water Board has powerful administrative authority to disqualify and take monetary offsets against claims in addition to judicial remedies under the False Claims Act.”
Working with the Attorney General’s Office, the State Water Board reviewed company records, invoices, Fund documentation and other paperwork to determine that false or misleading statements were allegedly used to gain reimbursement at BPNA UST sites. The State Water Board and the Attorney General’s Office uncovered evidence that BPNA failed to report reimbursements it received from insurance companies for the same sites it was claiming Fund reimbursement. Claimants are prohibited from receiving Fund reimbursement for cleanup costs that have been, or will be, reimbursed from another source.
On April 6, 2010, a third party filed a complaint in Sacramento Superior Court against BPNA claiming fraud under the California False Claims Act. The complaint alleged that when BPNA submitted applications to the Fund for reimbursement of costs at these sites, BPNA failed to disclose it had also received reimbursement from a series of insurance claims, litigation and settlements for these same sites. This action resulted in an impermissible double payment.
The complaint stated BPNA’s failure to accurately report to the State Water Board the sources of other payments constituted a violation under the False Claims Act. The judicial action sought triple damages, penalties, attorney fees and costs against BPNA. After the complaint was filed, the Attorney General’s Office coordinated its investigation with the State Water Board to determine whether to intervene in the lawsuit, and how to best pursue and potentially resolve the claims asserted in the third-party lawsuit, as well as the State Water Board’s administrative claims.
Although the State Water Board was not a party to the False Claims Act litigation, it joined in the settlement negotiations arguing that it had independent administrative and litigation claims it could pursue. BPNA cooperated with the State Water Board and the Attorney General’s Office in the investigation.
The Fund was created by the Barry Keene Underground Storage Tank Cleanup Fund Trust Act of 1989 and is administered by the State Water Board. The Act’s regulations allow the State Water Board to disqualify and offset claims for reimbursement if claimants fail to disclose cleanup cost payments from another source.
Under the terms of the False Claims Act component of the settlement agreement, BPNA will pay more than $3.9 million to the State Water Board and more than $2.6 million to the Attorney General’s Office. In addition, BPNA will pay $1.38 million to the third-party plaintiff and reimburse the third-party plaintiff $250,000 in attorney fees.
Under the terms of the Barry Keene Act component of the settlement agreement, 90 of the 243 cleanup sites where BPNA was previously qualified to receive reimbursements will now be permanently barred from the Fund. These claims are no longer eligible to receive any reimbursement for cleanup costs. The fund’s average reimbursement is about $500,000 per eligible site, but many sites use the entire $1.5 million allotment, so the saving for the Fund is between $45 million and $135 million.
KDHE Launches Online Environmental Interest Finder
The KEIF is a web-based mapping application designed to identify sites in Kansas where there are potential environmental impacts. These sites include facilities that are permitted or registered to use or store chemicals.
Links within the KEIF provide users with detailed information on contaminated sites, spills, solid waste facilities, and aboveground/underground storage tanks. The KEIF can also be used to find program site identification numbers that are helpful when filing a Kansas Open Records Act (KORA) request.
Many Plastics Labeled Biodegradable Don’t Break Down as Expected
Plastic products advertised as biodegradable have recently emerged, but they sound almost too good to be true. Scientists have now found out that, at least for now, consumers have good reason to doubt these claims.
Susan Selke, Rafael Auras, and colleagues note that to deal with our plastic waste problem, many countries and local governments have adopted laws, such as single-use bag bans, to deal with increasing amounts of trash. Most plastics end up in landfills, where they sit for decades or longer without breaking down. More recently, some manufacturers now make plastics with additives that are supposed to make the products biodegradable. But the effectiveness of this approach has been unclear. Selke and Auras’s team wanted to see if the additives were working under typical disposal conditions.
The researchers evaluated plastics containing five different compounds designed to encourage breakdown. They found no evidence that the additives enhanced biodegradability in compost or under simulated landfill conditions, or when buried in soil for three years. They say their findings have wide-ranging implications for consumers, the environment, and the companies that make these products.
Energy-Generating Cloth Could Replace Batteries in Wearable Devices
From light-up shoes to smart watches, wearable electronics are gaining traction among consumers, but these gadgets’ versatility is still held back by the stiff, short-lived batteries that are required. These limitations, however, could soon be overcome. It can also self-charge batteries or supercapacitors without an external power source and make new commercial and medical applications possible.
Sang-Woo Kim and colleagues point out that the potential of wearable electronics extends far beyond the flashy and convenient. Small, lightweight devices could play life-changing roles as robotic skin or in other biomedical applications. But to maximize their utility, such electronics need an ultra-flexible, long-lasting energy source that is seamlessly incorporated into the device’s design. For a possible solution, Kim’s team turned to the emerging technology of “triboelectric nanogenerators,” or TNGs, which harvest energy from everyday motion.
The researchers created a novel TNG fabric out of a silvery textile coated with nanorods and a silicon-based organic material. When they stacked four pieces of the cloth together and pushed down on the material, it captured the energy generated from the pressure. The material immediately pumped out that energy, which was used to power light-emitting diodes, a liquid crystal display and a vehicle’s keyless entry remote. The cloth worked for more than 12,000 cycles.
CH2O Inc. Fined $45,560 for Dangerous Waste Violations
After an inspection found multiple Dangerous Waste Regulation violations, a Thurston County chemical blending and manufacturing facility will pay the state $45,560 in penalties.
In August 2013, Department of Ecology inspectors found 13 violations of dangerous waste regulations at CH2O, Inc.’s, facility located south of Olympia. Since that time, CH2O, Inc. has fully cooperated with Ecology to ensure it complies with state regulations. Now Ecology and the firm are entering into a settlement agreement.
The facility generates toxic, corrosive, and dangerous wastes, which if not managed correctly can cause a potential threat to human health and the environment.
The penalty was originally calculated at $68,000, but with the expedited settlement agreement the recommended penalty for CH2O, Inc. waives its right to appeal. The expedited settlement process saves the state and the firm the costly expense of litigation.
“Our inspectors work with all kinds of facilities to prevent toxic threats,” said K Seiler, program manager for Ecology’s Hazardous Waste and Toxics Reduction program. “This agreement recognizes the serious nature of the violations found by our inspectors. It will also be a guide as we work with CH2O, Inc. to ensure the facility’s safe operation in the future.”
“We consider any deviation from regulations relating to health, safety, or the environment to be a serious issue,” said CH2O, Inc. President Tony McNamara. “Over the past several years, CH2O has worked to implement environmental programs that go beyond compliance, and to collaborate with the regulatory community to improve our operations. The discrepancies noted during the recent inspection have been corrected.”
Long Beach Fined $2.5 Million for Violating 2010 UST Consent Judgment
The 2010 judgment resolved violations alleged by the State Water Resources Control Board (State Water Board) against Long Beach that began in 2003. The alleged violations included failing to perform required testing and monitoring, and not installing leak prevention equipment at 40 UST facilities, many of which are located at fire and police stations.
Under the terms of the 2010 judgment, Long Beach paid $1.5 million in civil penalties and an additional $200,000 in reimbursement for the State Water Board’s costs of enforcement. Long Beach was credited $2 million for actions it took to enhance compliance at its tank facilities above and beyond existing laws and regulations. Long Beach did not deny responsibility for any of the violations and an additional $2.5 million in penalties was suspended as long as Long Beach remained in compliance with the terms of the agreement for five years.
Between January 2013 and August 2014 the State Water Board conducted compliance inspections at 15 of Long Beach’s 16 UST facilities. During these inspections, a number of violations were found, each of which triggered the reinstatement of the suspended $2.5 million penalty.
The State Water Board filed its Motion to Enforce in Los Angeles Superior Court on December 23, 2014, and the Court heard arguments from Long Beach and the State Water Board on January 23 and February 10. In its ruling, the Court found that Long Beach failed to conduct required leak detection testing prior to placing USTs in use, failed to timely repair secondary containment, and failed to install tamper-proof sensors as required.
US and Indiana Settle Clean Air Act Case with Muncie Smelter to Reduce Lead Emissions
Exide Technologies has agreed to spend over $3.9 million to install state-of-the-art pollution control equipment to reduce harmful air pollution from the facility. The settlement will resolve claims that the facility’s failure to comply with national emission standards resulted in the release of excess lead in an area that does not meet the federal health-based air quality standard for lead.
“Exposure to lead can impair children’s health and their ability to learn.”
“Addressing the complicated environmental and legal issues here required a carefully structured settlement agreement with this employer so that the public and nearby residents can be protected into the future. My office and our client the Indiana Department of Environmental Management worked closely with our colleagues at EPA in successfully bringing this case to a conclusion,” said Indiana Attorney General Greg Zoeller, whose office represented IDEM in court as the state government’s lawyer.
EPA expects that the actions required by the settlement will reduce harmful emissions of lead, particulate matter (soot), total hydrocarbons, and dioxin/furans. The settlement also requires the company to pay a civil penalty of $820,000.
Lead and soot, the predominant pollutants emitted from secondary lead smelters, have numerous adverse effects on human health. Lead can affect almost every organ in the body, but is most detrimental to the nervous system. For children, lead exposure can result in permanent damage to the brain and nervous system, leading to behavior and learning problems, lower IQ, hearing problems, slowed growth and anemia. In adults, lead affects the nervous and cardiovascular systems, and causes decreased kidney function. Soot contributes to irritation of the airways, coughing and difficulty breathing, decreased lung function, aggravated asthma, chronic bronchitis, irregular heartbeat, nonfatal heart attacks, and premature death in people with heart or lung disease.
EPA Inspection Reveals Violations of Renovation, Repair, and Painting Rule for RDF Inc.
As a part of a settlement, RDF, Inc., has agreed to spend $27,304 to replace windows in pre-1978 homes in Lincoln, and pay a $3,033 penalty.
According to an administrative consent agreement and final order filed by EPA Region 7 in Lenexa, Kansas, the inspection revealed that RDF, Inc., failed to provide the Renovate Right pamphlet to the owner; failed to retain records for three years; failed to assign a certified renovator to each renovation; failed to keep warning signs in place until after the renovation passes post-cleaning verification; failed to clean the work area after the renovation was completed until no dust, debris, or residue remained; and failed to collect all paint chips and debris and seal in a heavy duty bag. RDF, Inc., also failed to ensure that collected waste was stored behind containment at the conclusion of the renovation.
RDF, Inc., is a home remodeling company offering emergency renovations for fire and water-damaged homes. Emergency renovations are those performed in response to situations necessitating immediate action to address safety or public health hazards or threats of significant damage to equipment and/or property. Many renovators are unfamiliar with the limitations to emergency renovation situations. The need for immediate action relieves firms from some, but not all, lead-safe work requirements. Once the emergency renovation is over, the typical RRP rules apply.
The RRP Rule requires that contractors who work on pre-1978 dwellings and child-occupied facilities are trained and certified to use lead-safe work practices. This ensures that common renovation and repair activities like sanding, cutting and replacing windows minimize the creation and dispersion of dangerous lead dust. EPA finalized the RRP Rule in 2008 and it took effect on April 22, 2010.
This enforcement action addresses RRP Rule violations that could result in harm to human health. Today at least 4 million households have children that are being exposed to high levels of lead. There are approximately half a million US children ages 1-5 with blood-lead levels above 5 micrograms per deciliter (µg/dL), the reference level at which the Centers for Disease Control recommends public health actions be initiated.
Bureau of Land Management (BLM) Finalizes New Rules Governing Hydraulic Fracturing on Public Lands
The oil and gas development technique more commonly known as “fracking” blasts millions of gallons of chemically treated water into the earth to force oil and gas from underground deposits. It is a central part of unconventional drilling operations that have been linked to public health issues as well as air and water pollution.
The finalized rules appear stronger than a draft issued in 2013, but do not address several recommendations by the Obama administration’s task force on shale gas development. Two improvements of importance incorporated into the rule are a move to use tanks instead of pits to store produced water, except in very limited circumstances, and removal of the “type well” concept, replaced with a requirement for a well integrity test on every well drilled on public lands.
According to Earthjustice, the BLM rules fail to ensure that sensitive, valuable, and unique lands are kept off limits to drilling and there is a reliance on FracFocus for key fracking chemical disclosure. More than 1 million people raised concerns via comments on the rule back in 2013.
Maryland Urges US Senate to Maintain States’ Abilities to Protect Public from Toxins
Maryland Attorney General Brian E. Frosh has urged the US Senate to reject a bill that would gut states’ abilities to regulate dangerous toxic chemicals.
The bill would block state laws and regulations as soon as the EPA begins the process of considering whether to regulate dangerous substances considered a high priority. The EPA’s review process could take seven years or more, Attorney General Frosh said, during which time the chemicals would remain in use, potentially endangering the public.
“States need the authority to protect our families, because there are times when federal intervention is too slow, or non-existent,” Attorney General Frosh said. “States have been on the leading edge of protection, and we need to remain there.”
Attorney General Frosh noted that several states, including Maryland, banned bisphenol A, or BPA, from baby bottles and sippy cups years before the Food and Drug Administration adopted similar restrictions.
“I was in the state legislature when Maryland passed laws to ban the sale of children’s products containing lead, and restricting cadmium in children’s jewelry,” he said. “It would be a tragedy if Maryland and other states were prevented from enforcing these important measures.”
Attorney General Frosh testified before the US Senate Committee on the Environment and Public Works. In addition, Attorney General Frosh joined with his counterparts in New York, Iowa, Maine, Oregon, and Washington in delivering a letter to Committee Chairman Senator James M. Inhofe outlining their concerns with the legislation.
Lack of Permits a Foul for Sporting Goods Manufacturer
A sporting goods manufacturer in Caledonia in southeast Minnesota is working to secure the proper air emissions permit after the company self-disclosed that it had been operating without one. Under an agreement with the Minnesota Pollution Control Agency (MPCA), Rawlings Sporting Goods Co., Inc., must also establish recordkeeping for its air emissions and pay a $78,000 penalty to the state.
Rawlings Sports develops and produces composite softball, fast pitch and baseball bats, hockey equipment and helmets in Caledonia in Houston County. It started business in 1999 and added or replaced paint booths in 2001, 2006, 2007, and 2012, but failed to obtain air emissions permits from the MPCA.
Federal and state law requires permits to ensure controls are in place to protect air quality for human and environmental health. Paint booths can produce:
Permits also require air monitoring to show that facilities are complying with their permit’s emission limits.
Walsh Construction Fined $32,500 for Wetlands Protection Act Violations
The Massachusetts Department of Environmental Protection (MassDEP) has penalized an Illinois-based firm, Walsh Construction, $32,500 for wetlands and water quality violations found during the reconstruction of the Whittier Bridge in Amesbury. MassDEP inspected the site in August 2014 and found that Walsh employees had filled salt marsh and bordering vegetated wetlands (BVW) without authorization.
“Walsh Construction violated the regulations by exercising lax oversight of its staff during this reconstruction project which, unfortunately, resulted in additional wetland resource areas being impacted,” said Eric Worrall, director of MassDEP’s Northeast Regional Office in Wilmington. “Walsh compounded the problem by failing to notify either the local conservation commission or its agent of these violations.”
The company, which has a local office in Canton, was selected and retained as contractor for the project by the Massachusetts Department of Transportation (MassDOT). Approvals for the project were obtained from the local conservation commission in March and May of 2012 by MassDOT.
As a result of the violations, Walsh was immediately ordered to remove 194 cubic yards of dredge material from the resource areas. Subsequently, MassDEP determined Walsh had filled and altered approximately 1,800 square feet of BVW and approximately 525 square feet of salt marsh without a permit.
Walsh will pay $15,500 of the penalty within 30 days and submit a restoration plan for the impacted resource areas for approval. Once approved, the restoration work will be completed in 2015 and Walsh will monitor and maintain viability of the restoration work for three growing seasons. MassDEP has agreed to suspend $17,000 of the penalty provided the company complies with the settlement.
BNSF Faces Penalty for Violating Hazardous Material Spill Reporting Rules
The commission staff investigation found that between November 1, 2014, and February 24, 2015, BNSF committed 700 violations of this reporting requirement. Under state law, each day the company fails to report an incident constitutes a separate and distinct violation. The commission has the authority to impose penalties of up to $1,000 per violation, per day of state law or rule.
When a company fails to notify the EOC that a hazardous material incident has occurred, critical response resources may not be deployed, causing potential harm to the public and the environment. There could also be a delay in response and containment resources necessary to clean up hazardous material spills.
The violations were recorded as a result of the following incidents:
- November 5, 2014, Blaine – BP Cherry Point facility – crude oil spillage on tank
- November 17, 2014, Pasco – Pasco grain yard – 18-inch streak of diesel fuel on tank car
- December 7, 2014, Wenatchee – BNSF Wenatchee/Apple yard – hazardous solid waste dripping in rail yard
- December 8, 2014, Spokane Valley – BNSF Trentwood Station – tank car dripping gas/oil from bottom valve
- December 9, 2014, Seattle – Balmer Railyard/Interbay – shipment of hazardous solid waste reported leaking liquid identified as primary sludge
- December 9, 2014, Everett – BNSF Everett/Delta yard – two instances of shipments of hazardous solid waste reported leaking liquid
- December 9, 2014, Vancouver, BNSF Vancouver yard - shipment of hazardous solid waste reported leaking liquid identified as primary sludge
- December 10, 2014, Everett BNSF Everett/Delta yard - shipment of hazardous solid waste reported leaking liquid identified as primary sludge
- December 13, 2014, Quincy – Columbia subdivision – locomotive fire released 100 gallons of lube oil onto tracks
- January 12, 2015, Vancouver – BNSF Vancouver yard – seven tank cars found leaking crude oil
- January 13, 2015, Auburn – BNSF Auburn yard – six tank cars found leaking crude oil
- January 25, 2015, Seattle – BNSF Interbay yard – one BNSF locomotive mechanical problem spilled 100 gallons of lube oil
- February 12, 2015, Seattle – South Seattle storage facility – UTC inspector found crude oil leaking down the side of a tank car
In October 2014, commission staff sent BNSF a copy of the reporting requirements, and provided the company technical assistance to ensure that BNSF was providing proper notification to the commission regarding hazardous material incidents.
Staff also sent a letter to the regulated railroad industry on February 4, 2015, emphasizing the requirement to provide reports and telephone the EOC within 30 minutes of learning of an event involving fatalities or injuries, the release of hazardous materials, or property damage greater than $50,000.
The companies were informed that failure to provide the required reports is a violation of commission rules and that staff may recommend enforcement action or monetary penalties for companies that fail to report incidents as required.
The company has an opportunity to request a hearing to respond to the allegations.
Headquartered in Fort Worth, Texas, the railroad company is a wholly owned subsidiary of Berkshire Hathaway, Inc. BNSF is the largest railroad company operating in Washington, with more than $108 million in intrastate revenues reported to the commission in 2013.
T.R. Stone Trucking Penalized $2,875 for Failure to Notify MassDEP of Fuel Spill
T.R. Stone Trucking, Inc., a Palmer-based trucking firm with a facility in Springfield, has been assessed a penalty of $2,875 by the Massachusetts Department of Environmental Protection (MassDEP) for failing to notify MassDEP that a diesel fuel spill had occurred at 11 Tapley Street in Springfield.
On September 27, 2014, the Springfield Fire Department notified MassDEP about a release of diesel fuel to paved surfaces and a storm drain at the Irving Service Station at 11 Tapley Street in Springfield. MassDEP personnel immediately responded to the site and provided oversight of the cleanup. The operator of the station, L.E. Belcher, Inc., retained an environmental contractor to clean up the spill.
A review of surveillance video indicated that a truck driver had manipulated the diesel fuel nozzle to allow it to function without being attended. The nozzle had fallen out of the fuel tank, spilling about 15 gallons onto paved areas in the vicinity of the pump island. Massachusetts regulations require that all spills of diesel fuel be cleaned up, and that MassDEP be notified as soon as possible and in no case greater than two hours after a spill of greater than 10 gallons of diesel fuel occurs.
Following the spill, T.R. Stone re-trained its drivers on oil spill notification requirements, and as part of a consent order with MassDEP, T.R. Stone agreed to provide a revised spill reporting plan and documentation of employee retraining. The diesel fuel spill has been completely cleaned up with all cleanup documentation submitted to MassDEP. As part of the settlement, T.R. Stone agreed to pay a penalty of $2,875.
“Timely notification of sudden oil releases is imperative to ensure cleanup as soon as possible,” said Michael Gorski, director of MassDEP’s Western Regional Office in Springfield. “Fortunately in this case, the station operator stepped up quickly to prevent further damage from the spill. We appreciate that T.R. Stone was proactive in re-training its employees to prevent violations of this type in the future.”
Louisiana Couple Arrested for Knowingly Violating Environmental Permit
Recently investigators with the Louisiana Department of Environmental Quality’s Criminal Investigation Division arrested a Calcasieu Parish couple on 15 felony violations of Louisiana’s Water Control Law. Ronnie LaRocca, 54, and Katherine LaRocca, 51, residing at 2530 Carlo Henry Road, own and operate Oak Forest Mobile Home Park on La. 3059 east of La. 171 in Lake Charles. The LaRoccas are alleged to have knowingly violated their water discharge permit issued by DEQ over the past four years when they failed to sample sewage treatment plant discharges from their mobile home park and submit quarterly monitoring reports to DEQ.
Under Louisiana’s Water Control Law, a business owner who has a sewage treatment plant that discharges to state waters is required to obtain a Louisiana Water Discharge Elimination System permit from DEQ. Under the terms and conditions of these permits, business owners are required to periodically sample the discharges and submit the sample results to DEQ in the form of discharge monitoring reports. Knowingly violating a DEQ water discharge permit is a felony.
The LaRoccas and Oak Forest Mobile Home Park have been permitted by DEQ since 1997. In 2006, DEQ began conducting Sanitary Wastewater Assistance Training classes for individuals and small businesses who were unfamiliar with the DEQ regulations regarding water discharge permits. In October 2010, Katherine LaRocca attended the DEQ sponsored compliance assistance training on behalf of Oak Forest Mobile Home Park and promised future compliance with the permit. The LaRoccas have not submitted discharge monitoring reports to DEQ since.
“The waters of Louisiana are among our state’s most important natural resources and their continued protection is a vital concern to the citizens and DEQ.” said Jeffrey Nolan, manager of DEQ-CID. “DEQ-CID will continue to investigate and seek criminal prosecution of owners or operators of sewage treatment systems who knowingly violate the law.”
Violations of Louisiana Pollutant Discharge Elimination System, upon conviction, can result in a fine of not less than $5,000, but no more than $50,000 per day of violation, or imprisonment for not more than three years, with or without hard labor, or both per count.
Utah-Based Washakie Renewable Energy LLC Settles Renewable Fuel Standard Violations
The EPA and the US Department of Justice (DOJ) recently announced a settlement with Utah-based Washakie Renewable Energy, LLC, that resolves allegations that the company generated more than 7.2 million invalid renewable fuel credits worth more than $2 million.
From January to October of 2010, Washakie generated more than 7.2 million Renewable Identification Numbers, or RINs, and reported to EPA that it produced biodiesel associated with those RINs at its Plymouth, Utah facility. During that time, however, Washakie did not produce any biodiesel at the Plymouth facility. The biodiesel associated with the 7.2 million RINs would have accounted for a reduction of emissions equivalent to more than 30,000 metric tons of carbon dioxide. Washakie has purchased and retired from the market an equivalent number of RINs, which achieved this reduction of emissions.
Renewable fuel producers and importers generate RINs for each gallon of renewable fuel in the US market that meets GHG emissions reduction standards established under the Renewable Fuel Standard. Washakie will pay a $3 million penalty under the settlement, which was lodged recently in the US District Court for the District of Columbia.
“This case is another example of EPA’s commitment to maintain the integrity of the Renewable Fuel Standard program,” said Cynthia Giles, EPA Assistant Administrator for Enforcement and Compliance Assurance. “Making sure producers are supporting their claims with production of actual renewable fuels is critical to reducing greenhouse gas emissions that are fueling climate change.”
“The defendant made quite a profit by failing to adhere to the requirements of the Renewable Fuel Program regulations,” said Assistant Attorney General Cruden. “The penalty here sends the message that renewable fuel producers will be held accountable for meeting all legal requirements. The Department of Justice remains committed to taking the profit out of illegal activity.”
Because Washakie purchased and retired an equal amount of RINs to the number identified as invalid and used for compliance purposes, EPA does not plan to request that the obligated parties who used the invalid RINs replace them. This reduces the burden on the parties that purchased and used the RINs for compliance purposes.
EPA initially discovered these violations during an EPA inspection of the Washakie facility in Plymouth, Utah in 2010, and uncovered additional information concerning the violations in Washakie’s response to information requests and additional investigative work by the agency.
EPA is responsible for developing and implementing regulations to ensure that transportation fuel sold in the United States contains a minimum volume of renewable fuel. The Renewable Fuel Standard program—created under the Energy Policy Act of 2005—was developed in collaboration with refiners, renewable fuel producers, and many other stakeholders. It was expanded and strengthened under the Energy Independence and Security Act of 2007, which was designed to encourage the blending of renewable fuels into our nation’s motor vehicle fuel supply, and reduce the nation’s dependence on foreign oil, help grow the nation’s renewable energy industry, and achieve GHG reductions.
Window Products Inc. Fined $3,600 for Stormwater Violations
The company failed to submit a complete, revised stormwater pollution control plan by the December 31, 2014, deadline required by its stormwater permit. The permit requires the company to take corrective actions if pollutant-sampling results exceed the statewide benchmark during the second year of benchmark monitoring. During the 2013–14 monitoring year, the total zinc concentration in the company’s stormwater discharge exceeded the second-year pollutant benchmark.
DEQ issued this penalty because failing to take required corrective actions to reduce pollutants in stormwater may have adverse environmental impacts. Failure to meet the benchmarks may indicate the presence of harmful levels of industrial pollutants, such as zinc, that could enter public streams and rivers. These discharges can damage aquatic species and their habitat and reduce the safety of public waters for public use. DEQ also has ordered the company to submit it s revised stormwater pollution control plan by May 15, 2015. The plan needs to include additional stormwater treatment measures that are designed and stamped by a licensed professional engineer or certified engineering geologist.
Agilyx Corporation Fined $45,600 for Hazardous Waste Violations
. DEQ also cited the company, without penalty, for failing to leave adequate aisle space between containers and failing to store universal waste in closed containers.
DEQ issued this penalty because improper management of hazardous waste threatens public health and the environment. To meet this protection, DEQ has adopted rules establishing strict requirements for the accumulation, storage, handling and disposal of hazardous wastes.
DEQ is particularly concerned because it identified similar violations during a 2011 environmental audit and during a 2013 inspection of another Agilyx facility in Tigard.
In determining the penalty amount, DEQ took into consideration the company’s efforts to correct the violations. Currently there is no hazardous waste at the Portland facility.
Summit Natural Energy Corporation $4,000 for Stormwater Violations
The Oregon Department of Environmental Quality fined Summit Natural Energy Corporation $4,000 for stormwater violations at its ethanol facility at 535 N. Fourth Ave. in Cornelius. The company failed to submit an adequate revised stormwater pollution control plan as required by its stormwater permit. DEQ issued this penalty because this failure poses a risk to the environment. Benchmark exceedances at the facility indicate the presence of harmful levels of industrial pollutants in stormwater discharge that pose a risk to aquatic life and recreational uses of rivers and streams. DEQ also issued an order requiring the company submit a revised plan that includes the required additional treatment measures by no later than March 31, 2015. Summit Natural Energy has until March 26 to appeal the penalty.
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Trivia Question of the Week
What is the noisiest place in the ocean?
a) Melting glaciers in Antarctica
b) Tamu Massif volcano in the western Pacific ocean
c) Thar Jath oilfield, leaking off the coast of South Sudan
d) Antarctic Minke whale breeding zone
