These proposed emissions standards for new and existing sources reflect EPA’s proposed determination regarding the generally available control technology or management practices for the source category.
This area source category comprises those establishments that conduct industrial operations that mix, mill, blend and/or extrude chemicals that contain the target hazardous air pollutants (HAP) in their manufacturing processes during the production of chemical preparations. These manufacturing processes turn various dry and/or wet ingredients into chemical preparations. Chemical preparations, which are defined in the subpart, are a wide variety of compounds that may often be used as an intermediate in the manufacture of other products, such as fluxes and rubber compounding chemicals, or sold as a product, such as water treatment chemicals and drilling fluids. Chemical reactions typically do not occur in the manufacturing of chemical preparations. Emission points associated with these types of operations include sources such as Banbury mixers, mixing or blending tanks, extruders, and roll mills.
The proposed subpart BBBBBBB standards would apply to all existing or new manufacturing operations located at an area source that produce chemical preparations by mixing, milling, blending and/or extruding chemical compounds containing target HAP. The standards do not apply to research and development facilities, as defined in section 112(c)(7) of the CAA.
The proposed standards will be met through the use of a vent stream collection system and control device, such as a wet scrubber or fabric filter, meeting the specified percent reduction efficiency requirement. Sources must maintain and operate a control device which achieves the specified removal efficiency in accordance with the manufacturer’s specifications and must maintain and inspect the vent collection system and control devices on a regular basis.
Under the proposal, new sources would be required to demonstrate compliance with the PM control device percent reduction efficiency requirement through control device performance testing, manufacturer’s control device performance guarantee information, or engineering calculations. The proposed standards allow existing sources to use the same three methods to demonstrate compliance, but existing sources may use the results of performance tests previously conducted, provided that the performance test was conducted using the reference test method specified in the proposed rule, represents the control device’s normal operations (per manufacturer’s recommendations) and was conducted within the last 5 years.
Freecycle Becomes World’s Largest Reuse Website
More than 7 million people worldwide—including 375,000 in California—have now joined as members of Freecycle, the world’s largest reuse community.
Freecycle has grown exponentially during the past two years, thanks to an innovative two-year, $50,000 contract with the California Integrated Waste Management Board which has allowed Freecycle to revamp and expand its web presence. The online materials exchange network is adding more than 45,000 new members every week, about 5,400 of them Californians.
“We wanted to partner with Freecycle because of its passion for sustainability, and the platform it provides to trigger a shift from ‘throwaway’ to ‘giveaway,’” said Board Chair Margo Reid Brown. “Californians want to do the right thing and they want to protect our environment. We need to give them every opportunity possible to expand recycling and cut our reliance on landfills.”
During the two-year partnership with the Board, Freecycle members gifted more than 825,000 items to other members of the online community. During the past two years, Freecycle members have nearly doubled their waste diversion efforts, keeping an estimated 26,000 tons of unwanted goods out of landfills by finding new owners for the materials.
Waste is generated throughout the lifecycle of a product, from extraction of raw materials to transportation to processing and manufacturing. Reusing items decreases waste dramatically, since making a new product generates at least 20 times more waste. Far fewer materials end up being sent to landfills when products are reused or recycled.
“The goal of the site is to make it easier to give an item away than to throw the item away, thus keeping good stuff out of landfills and helping Mother Nature,” says Freecycle founder Deron Beal, who began the program in 2003. “Since the launch of our new site, which was made possible by the Board, our membership has doubled.”
Freecycle is global, but local. The Freecycle website in each city uses volunteer moderators and a unique e-mail group. The 375,000 Californians who have become Freecycle users represent more than 230 local communities.
Members in each local group are welcome to post items to be given away, or items they are seeking. The site promotes new uses for no-longer-wanted materials, which is also one of the Board’s highest priorities for keeping solid waste out of California’s landfills. Freecycle’s motto is “changing the world one gift at a time.” Its members are gifting more than 20,000 unwanted items every day, which translates to about 700 tons of products diverted from the world’s landfills daily.
The Freecycle Network is a private, nonprofit organization based in Tucson, Arizona, and overseen by local volunteers. More than 10,000 volunteers devote their time and energy to assisting Freecycle’s gifting in their local communities. More than 12,000 items per week have been posted on the Freecycle website since the beginning of this year, and approximately 1,500 of those weekly listings are offered by Californians. In 2007, Yahoo ranked “Freecycle” as the third most-searched environmental term—ahead of “earth” and “pollution.” Only “global warming” and “recycling” generated more Yahoo searches.
$300 Million Rebate Program to Encourage Purchases of Energy Efficient Appliances
U.S. Department of Energy Secretary Steven Chu has announced the availability of nearly $300 million in funding from the American Recovery and Reinvestment Act for state-run rebate programs for consumer purchases of new ENERGY STAR® qualified home appliances. The new program underscores the Obama Administration’s commitment to make American homes more energy efficient, while helping to support the nation’s economic recovery.
“Appliances consume a huge amount of our electricity, so there’s enormous potential to both save energy and save families money every month,” said Secretary Chu. “These rebates will help families make the transition to more efficient appliances, making purchases that will directly stimulate the economy and create jobs.”
The new funding will be awarded to states and territories, through their energy offices, using a formula set forth in the Energy Policy Act of 2005. Each state or territory is required to submit a plan that specifies which ENERGY STAR? appliance categories will be included in their rebate program, the rebate level for each product type, how the rebates will be processed, and their plan for recycling old appliances. States and territories must first file an initial application expressing their intent to participate by August 15, 2009, followed by a full application by October 15, 2009. Approximately 10-25% of each award will be spent on administrative costs.
States and territories will receive 10% of the funds after submitting the initial application with the balance awarded after their program plans are approved. DOE anticipates that a vast majority of funding will be awarded by November 30, 2009.
States have the flexibility to select which residential ENERGY STAR? qualified appliances to include in their programs and the individual rebate amount for each appliance. DOE recommends that states and territories focus their program efforts on heating and cooling equipment, appliances, and water heaters as these products offer the greatest energy savings potential. ENERGY STAR? qualified appliance categories eligible for rebates include: central air conditioners, heat pumps (air source and geothermal), boilers, furnaces (oil and gas), room air conditioners, clothes washers, dishwashers, freezers, refrigerators, and water heaters.
The Recovery Act appropriated funds for the program to help achieve the national goals of spurring economic growth, creating jobs, saving energy and reducing greenhouse gas emissions. States and territories can use these funds to leverage the utility companies and energy efficiency program sponsors in their area.
This program will also leverage the power of the ENERGY STAR? program, a well-known labeling program that helps consumers make energy smart choices by identifying the most energy efficient products. ENERGY STAR? is a joint program of the U.S. Environmental Protection Agency and the U.S. Department of Energy that covers more than 60 product categories and is supported by a network of almost 600 utility and state and government partners serving more than 74 million households, over 2,000 retail partners representing more than 27,000 storefronts, and 2,645 manufacturers of ENERGY STAR? qualified products.
EPA to Reconsider Monitoring Requirements for Airborne Lead
EPA announced it will review the need for more rigorous monitoring standards near industrial sources of lead and also more rigorous monitoring requirements for urban areas. “We have a fundamental responsibility to protect every child from environmental threats, especially contaminants like lead that can cause behavioral and learning disabilities and create a lifetime of challenges,” said Administrator Lisa Jackson. “We’re putting in place rigorous standards to prevent contamination.” EPA will issue a public review proposal, a comment later this summer, and a final rule in early Spring 2010. (Note: This is not a reconsideration of lead standards, but monitoring requirements).
EPA Helps Supermarkets Save Money, Reduce Greenhouse Gases
EPA has quadrupled the number of participants in its voluntary program designed to reduce the use of ozone-depleting refrigerants in the nation’s grocery stores. Supermarket managers and employees want to do the right thing when it comes to the environment, and they know their customers are looking for responsible environmental stewardship. Factor in the cost savings and it’s easy to see why GreenChill has grown rapidly. In 2008, partners reduced their aggregate total emissions by 8.5%. The program now includes more than 6,500 stores in 47 states.
“This is the beginning of a partnership that is going to help us reduce significant amounts of ozone depleting refrigerant and other emissions, cut costs for supermarkets and consumers, and protect our health and the environment,” said Gina McCarthy, assistant administrator for EPA’s Office of Air and Radiation. “EPA will continue working to find a path forward that rewards the mutual interests of our supermarkets and the environmental health of the communities they serve.”
Compared to the supermarket industry as a whole, GreenChill partners emit significantly fewer ozone-depleting refrigerant emissions and greenhouse gases, and save money at the same time. EPA officials estimate that if all U.S. supermarkets reduced emissions to the current GreenChill average, the nation could save the equivalent of 22 million metric tons of carbon dioxide and 240 ozone-depleting potential tons each year—equal to the annual emissions from more than 4 million cars. This carries a cost savings of $108 million in refrigerant expenses annually.
To highlight the program’s top-performing participants, GreenChill recently implemented a Store Certification Awards Program. This component recognizes retail stores that achieve at least a 50% reduction in refrigerant charge and a 75% reduction in refrigerant emissions, resulting in either gold- or silver-level certification. To date, seven stores have been awarded GreenChill gold, and three stores have been awarded the silver. EPA will recognize top performers during the Food Marketing Institute’s 2009 Sustainability Summit in San Francisco on August 17–19.
Formaldehyde Manufacturer and Company Owner Indicted for Dumping Hazardous Waste
Dennis Beetham and his company, D.B. Western Inc., have been indicted on both federal and state charges alleging that he illegally dumped hazardous and other industrial waste in Crook County, Oregon, the Justice Department announced.
The federal charges allege that Beetham and his company unlawfully mishandled several hazardous wastes. First, the defendants are charged with dumping hazardous polymerized liquid formaldehyde into a cinder cone, a geological formation, on a ranch Beetham owned in Powell Butte, Oregon. Second, the defendants are charged with dumping nitric acid into the same cinder cone. Finally, Beetham and his company are charged with storing hazardous polymerized liquid formaldehyde waste at the ranch.
The federal charges each allege a RCRA violation. The RCRA charges are felonies. Each of the four counts carries a maximum prison term of five years.
Formaldehyde is a chemical used in a variety of products ranging from textiles to wood products. When discarded, formaldehyde qualifies as a hazardous waste under RCRA.
Nitric acid is used in many industrial settings. However, nitric acid is extremely corrosive, and is considered a hazardous waste under RCRA when discarded.
The state charges against Beetham and D.B. Western were filed in Crook County following an investigation by District Attorney Daina Vitolins. The state indictment alleges that the defendants unlawfully created air pollution, disposed of solid waste without a permit, unlawfully created water pollution, and failed to complete a clean-up of a waste site. These charges stem from the defendants’ alleged dumping of vast quantities of non-hazardous industrial waste and household waste into the cinder cone on the Powell Butte ranch; burning the waste; and failing to complete clean-up of the site as directed by the state Department of Environmental Quality.
The federal investigation was undertaken jointly by the U.S. Attorney’s Office for the District of Oregon, the Justice Department’s Environment and Natural Resources Division, and the Crook County District Attorney, with investigative leadership by the EPA Criminal Investigations Division and the Oregon Department of Environmental Quality. District Attorney Daina Vitolins was designated as a Special Assistant U.S. Attorney to assist in the federal investigation.
Colorado Interstate Gas Co. Fined More than $1 Million for Clean Air Act Violations
The alleged CAA violations occurred at a natural gas compressor station owned and operated by CIG in Uintah County, Utah, within the exterior boundaries of the Uintah and Ouray Indian Reservation.
The Consent Decree requires Colorado Interstate Gas Co. to achieve and maintain compliance with the CAA and its implementing regulations; pay a civil penalty and emission fees totaling $1,020,000; and fund for one year the operation of two ambient air monitoring stations on the Uintah and Ouray Indian Reservation.
Comments on the Consent Decree will be accepted for a period of 30 days from the date of the Consent Decree’s publication in the Federal Register. See the Federal Register notice for information on how to submit comments.
Aluminum Recycler to Settle CAA Violations at a Total Cost of More than $8 Million
Aleris International Inc., one of the nation’s largest aluminum recyclers, and 13 of its subsidiaries have committed to implementing environmental improvements and controls projected to cost $4.2 million at 15 plants located in 11 states, the EPA and the Justice Department have announced. The company also agreed to a $4.6 million civil penalty to resolve violations of the CAA, which will be allowed as an unsecured claim in Aleris’s bankruptcy proceeding pending in Delaware.
Aleris uses recycled beverage cans, scrap, and other materials to produce aluminum in liquid or ingot form. Part of the aluminum production process causes emissions of pollutants such as dioxins and furans, hydrogen chloride, and particulate matter.
The consent decree requires Aleris to better enclose its furnaces to improve the capture of emissions, retest every furnace using model test protocols, adopt model recordkeeping and reporting documents, and install pollution control or monitoring equipment at particular facilities. The settlement is expected to reduce annual emissions of particulate matter by up to 24,000 pounds, hydrogen chloride by up to 870,000 pounds, and dioxins and furans by up to one pound per year. Dioxins and furans, created during incineration, are known to cause cancer and are extremely toxic at low levels.
“Today’s settlement sets a new standard for aluminum recyclers nationwide,” said Cynthia Giles, assistant administrator of EPA’s Office of Enforcement and Compliance Assurance. “This will ultimately result in cleaner air for the people living near Aleris facilities throughout the country.”
In a complaint filed last February in the U.S. District Court for the Northern District of Ohio, the United States alleged that Aleris violated the NESHAP for Secondary Aluminum Production, which became effective in 2003. The complaint alleged that Aleris failed to design and install adequate systems to capture emissions of pollutants, to demonstrate compliance with federal emission standards through adequate performance testing, to correctly establish and monitor operating parameters, and to comply with recordkeeping and reporting requirements.
The settlement requires Aleris and its subsidiaries to implement pollution controls and take other compliance measures at facilities located in Goodyear, Arizona; Post Falls, Idaho; Morgantown and Lewisport, Kentucky; Chicago Heights, Illinois; Wabash, Indiana; Coldwater and Saginaw, Michigan; Uhrichsville, Ohio; Sapulpa, Oklahoma; Loudon and Shelbyville, Tennessee; Richmond, Virginia; and Friendly, West Virginia. The states of Idaho, Illinois, Indiana, Kentucky, Michigan, Ohio, Oklahoma, Tennessee, Virginia, and West Virginia as well as Maricopa County, Arizona, joined this recent settlement and will share a portion of the civil penalty. This is the largest number of facilities ever included in a CAA settlement involving the secondary aluminum production industry.
The consent decree, lodged in the U.S. District Court for the Northern District of Ohio, is subject to a 30-day public comment period and approval by both the district court and the U.S. Bankruptcy Court for the District of Delaware.
Paul Revere Transportation Agrees to $650,000 Penalty for 234 CAA and Anti-Idling Violations
Paul Revere Transportation LLC, a bus company based in Boston, has agreed to pay a $650,000 civil penalty after being found liable by a jury in June for violating federal and Massachusetts’ clean air laws for idling their buses for extended periods of time.
The company was found liable on June 8, 2009, after a six-day trial in U.S. District Court in Boston, for 234 separate violations of the CAA and a Massachusetts anti-idling regulation. A hearing to determine a penalty for those violations was scheduled to begin in two weeks, until the company agreed to pay the civil penalty.
Paul Revere owns and operates a large fleet of buses and other vehicles, including approximately 60 running out of its bus yard in Roxbury, Massachusetts. In 2006, an EPA inspector observed buses idling at the yard for extended periods. As a result, the United States filed a complaint against the company in federal court for violations of the Massachusetts anti-idling regulation, a requirement under the Commonwealth’s CAA State Implementation Plan.
The anti-idling regulation prohibits the unnecessary operation of the engine of a motor vehicle while the vehicle is stopped for a foreseeable period of time in excess of five minutes. The complaint alleged that Paul Revere idled its buses for lengthy periods of time, many extending more than an hour over the legal limit.
“This penalty appropriately punishes past violations of federal and state clean air laws and will deter other transportation companies from leaving their vehicles idling for extended periods of time in the future,” said John C. Cruden, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division.
“Roxbury is a densely-populated urban area, where people already suffer from extremely high asthma rates. It is unacceptable that diesel buses and other vehicles were left idling for more than an hour at a time,” said Ira W. Leighton, acting regional administrator of EPA’s New England office. “Diesel pollution is very harmful, especially for sensitive populations such as the young, elderly, and people who suffer from asthma. Following anti-idling laws helps protect the health of people who live in the surrounding area.”
EPA’s New England office has previously brought and resolved 10 separate enforcement actions for penalties against nine different companies, including Paul Revere, for violations of the idling law. In 2003, Paul Revere paid a civil penalty for illegal idling at Boston’s Logan Airport.
Idling diesel engines emit pollutants, which can cause or aggravate a variety of health problems including asthma and other respiratory diseases, and the fine particles in diesel exhaust are a likely human carcinogen. Diesel exhaust not only contributes to area-wide air quality problems, but more direct exposure can cause lightheadedness, nausea, sore throat, coughing, and other symptoms. Drivers, passengers, facility workers, neighbors and bystanders are all vulnerable. Diesel emissions also contribute to air pollution that can lead to early deaths, asthma attacks, other health problems.
The federal government has worked aggressively with the six New England states to implement and enforce anti-idling programs. EPA’s inspections of transportation facilities are part of a region-wide effort, in partnership with the Massachusetts Department of Environmental Protection and the city of Boston, to curb diesel air emissions, particularly in inner city neighborhoods such as Roxbury where diesel air pollution and asthma rates are substantially higher than in other parts of Massachusetts.
The Stipulation and Order, lodged in the U.S. District Court for Massachusetts, is subject to a 30-day public comment period and approval by the federal court.
Real Estate and Demolition Companies Faces $30,000 in Fines for Clean Air Violations
A Vermont real estate and demolition company together face a penalty of nearly $30,000 for alleged violations of the CAA and the NESHAP for asbestos.
In March 2008, the JIDDU/SIDDU Trust of Colchester, Vermont, and CRC Excavating, LLC of Middlesex, Vermont, demolished buildings on two residential lots in Essex Junction as part of a commercial project to build a three-story, 35-unit apartment building on the combined lot.
EPA’s complaint alleges that JIDDU/SIDDU and CRC failed to thoroughly inspect for asbestos prior to demolishing the buildings and failed to provide EPA with prior written notification of its intent to demolish as is required under Federal asbestos demolition standards. The two companies could face a fine of $29,308 for the alleged violations.
Approximately 75,106 pounds (approximately 120 cubic yards) of demolition debris was removed from the properties and disposed of at a waste transfer station as non-asbestos containing waste without proper inspection. Available information indicates that JIDDU/SIDDU tested limited debris remaining after the demolition, but did not identify any remaining asbestos on the property.
The federal CAA and the NESHAP for asbestos require owners and operators of demolition and renovation operations to follow certain inspection and notification requirements prior to beginning such operations, and to abide by specific work practice and waste disposal requirements when the owners and operators identify the presence of regulated asbestos-containing material.
These violations of the Asbestos NESHAP could have posed significant health risks to the surrounding community, as well as to the employees conducting the demolition, since there was no evaluation of any potential asbestos risks that may have been raised from the demolition work. However, at this time, EPA is not aware of any specific harm caused by the violations alleged in this case.
EPA’s asbestos regulations help protect workers and the public from inhaling airborne asbestos fibers. Breathing asbestos fibers can cause lung cancer, asbestosis, and mesothelioma, a cancer of the lining of the chest and the abdominal cavity.
YMCA and Pap? Truck Leasing, Inc. Fined $22,000 for Improper Storage of PCBs
The Mid-Willamette Family YMCA and Pap? Truck Leasing, Inc. have reached a settlement with the EPA to resolve alleged federal Toxic Substances Control Act (TSCA) violations related to improper storage of polychlorinated bi-phenyls () waste at their facility located in Albany, Oregon.
EPA reached a $20,000 settlement with Pap? in January 2009. Based on analysis of the YMCA’s limited ability to pay, EPA assessed a penalty of $2,000 against the YMCA for its role in the improper storage of the PCB waste.
The violations occurred on property in Albany, Oregon, that Pap? owned at that time as Industrial Finance Company of Oregon (IFCO). IFCP had donated the property to the local YMCA in 2003. The property featured an industrial furnace and related pieces of equipment, including two transformers and 43 capacitors that contained high levels of PCBs. Pap? (as IFCO) did not properly notify EPA that they were handling and storing PCB equipment intended for disposal.
The YMCA took ownership of the donated facility and over three years allowed the illegal storage of the PCB equipment to continue and to further deteriorate. In December 2006, the YMCA reported a spill of more than 30 gallons of oil containing PCBs at greater than 500 parts per million (ppm) at the facility. Shortly after receiving the spill report, EPA conducted two formal inspections on the property. EPA subsequently oversaw the cleanup needed to address the resulting PCB contamination. The PCB equipment has now been properly disposed of and the site has been cleaned up.
“Today’s settlement sends a clear signal that companies must follow PCB regulations to protect communities and our environmental resources,” said Edward Kowalski, Director of EPA’s Office of Compliance & Enforcement in Seattle. “The EPA will not hesitate to take enforcement action against anyone that fails to properly handle and dispose of PCBs.”
Pap? and the YMCA’s alleged violations included:
- Failure to notify EPA prior to its PCB waste handing activities, and
- Improper storage of PCB waste at the facility
Gottson Oil, Inc. Fined $19,515 for Oil Spill
EPA has fined Gottson Oil, Inc. of Jennings, Louisiana, $19,515 for violating the federal Clean Water Act (CWA). The announcement settles a CWA violation for an 8,200-gallon oil spill into wetlands and the George Ditch, which is a tributary of Murrell Canal and Lake Long in Iberville Parish, Louisiana. The settlement requires Gottson Oil, Inc. to pay the civil fine and verify that all violations have been corrected.
Lion Oil Company Fined for Violating the Clean Water Act
EPA has fined the Lion Oil Company of El Dorado, Arkansas, $3,000 for violating the federal CWA. This announcement settles a CWA violation for a 900-gallon oil spill into Loutre Creek which enters Bayou de Loutre in Union County, Arkansas. Bayou de Loutre discharges to the Ouachita River. The settlement requires the Lion Oil Company to pay the fine, investigate the cause of the spill, clean up the spill, and take corrective actions that will prevent future violations.
Oil Production Facilities Fined for Violating the Clean Water Act
EPA has fined two Oklahoma oil production facilities $1,900 for violating federal Spill Prevention, Control and Countermeasure (SPCC) regulations outlined under the federal CWA.
A federal inspection on April 6, 2009, of the Velma Chinn Lease Battery and Larry Chinn Tank Battery, both located in Osage County, Oklahoma, revealed the following inadequacies and violations:
- Neither facility had adequate procedures or information in their SPCC plans to report an oil spill or adequate discussion of spill prevention procedures
- Site personnel had no training on the operation and maintenance of equipment to prevent discharges, no training on discharge procedure protocols, and no training on pollution control laws, rules, and regulations
- Spill prevention briefings were not scheduled and conducted periodically
- Excessive vegetation which affects the integrity and/or walls of containment systems were slightly eroded or had low areas
- Visual inspections of containers, foundations, and supports were not conducted periodically for deterioration and maintenance needs
As part of an Expedited Settlement Agreement, the facilities have certified that all identified deficiencies have been corrected.
River Parishes Oil Company Fined $1,800 for Violating the Clean Water Act
EPA has fined the River Parishes Oil Company of Norco, Louisiana, $1,800 for violating federal SPCC regulations outlined under the CWA. A federal inspection of a bulk storage facility located in Norco, Louisiana, revealed the facility had no SPCC plan and inspection reports were not maintained for three years as required by regulations. Additionally, personnel working at the facility had no training on the operation of equipment to prevent discharges, no training on discharge procedure protocols, and spill prevention briefings were not scheduled and conducted periodically. The inspection also found inadequate secondary containment and mobile storage containers were not positioned to prevent discharged oil from reaching nearby waterways. As part of an Expedited Settlement Agreement with EPA, the facility has provided certification that all identified deficiencies have been corrected.
Six Louisiana Companies Fined for SPCC Violations
EPA has fined six Louisiana companies for violating federal Spill Prevention, Control and Countermeasure (SPCC) regulations outlined under the federal CWA.
Federal inspections of the bulk storage facilities in May 2009 revealed a variety of violations though the violations differed at each facility.
Examples of the violations that were found include:
- No SPCC plans were available
- Facilities were not fully fenced and entrance gates were not locked or guarded when sites were unattended
- Containment systems, including walls and floors, were not sufficient to contain oil spills
- Mobile or portable storage containers were not positioned to prevent discharged oil from reaching waterways
- Spill prevention briefings were not scheduled and conducted periodically
- SPCC plans had inadequate or no discussion of facility security
- SPCC plans were inadequate or did not discuss facility transfer operations and pumping
- There was no training on the operation and maintenance of equipment to prevent discharges, no training on discharge procedure protocols, and no training on applicable pollution control laws, rules and regulations.
The companies inspected and fined were:
- A-1 Electrical Contractors, Inc. – Harvey, Louisiana, $1,350
- Joe’s Landing – Barataria, Louisiana, $1,100
- Salty’s Marina – Madisonville, Louisiana, $850
- Southern Seaplane, Inc. – Belle Chasse, Louisiana, $700
- Westwego Export Terminal – Westwego, Louisiana, $700
- Stanco, Inc., Vehicle Maintenance Yard – Abita Springs, Louisiana, $650
As part of an Expedited Settlement Agreement with EPA, the companies have provided certification that all deficiencies have been corrected.
Ready-Mix Concrete Producer Agrees To Resolve Clean Water Act Violations
Aggregate Industries—Northeast Region Inc., will pay a $2.75 million civil penalty and implement a regional evaluation and compliance program to resolve numerous violations of the CWA at 23 facilities in Massachusetts and New Hampshire, the Justice Department and EPA have announced.
The penalty is the largest ever assessed to a nationwide ready-mix concrete company for storm water violations under the CWA. The settlement is the latest in a series of federal enforcement actions to address storm water violations from industrial facilities and construction sites around the country.
Under the terms of the consent decree, the company will implement pollution control measures, such as closed-loop water recycling systems, to eliminate discharges into surface waters. These measures will result in the elimination of approximately 158,854 pounds of sediment, 2,106 pounds of oil and grease and 1,143 pounds of iron from the environment, as well as significant reductions in nitrate and nitrogen, by the end of 2009.
“We are committed to seeing that owners and operators of industrial facilities undertake the actions necessary to comply with storm water regulations,” said John C. Cruden, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “This settlement will result in better management practices and a robust compliance program at multiple facilities in the northeast to prevent harmful storm water run-off.
“Storm water run-off from industrial facilities such as these can carry sediment, debris, and other pollutants into surrounding waterways,” said Ira W. Leighton, Acting Regional Administrator of EPA’s New England office. “This settlement is an important step in protecting our waters—and we expect others in the industry to assess the adequacy of their own storm water controls.”
The settlement also requires that the company perform comprehensive compliance evaluations at each of its 43 facilities in New England, as well as any facilities acquired in the next three years, to ensure that the facilities are in compliance with the CWA. The settlement also requires that the company conduct additional monitoring and reporting of storm water discharges, to hire personnel certified in storm water management to oversee compliance at all facilities where storm water permits are required, and to provide training in storm water management for all operational employees.
The complaint, filed in federal court with the settlement, alleges a pattern of violations since 2001 that were discovered after several federal inspections at the company’s facilities. The alleged violations included failure to document routine facility inspections and failure to perform quarterly monitoring and annual evaluations. In addition, the company allegedly discharged process waste waters, sanitary waste waters and storm water without proper permits from several facilities. Process waters include waters from sand-and-gravel and concrete production manufacturing operations such as vehicle and equipment cleaning, aggregate processing and washing, and concrete truck washout.
At the facilities where permits were in place, the complaint alleges the company failed to implement best management practices such as having proper drainage, failed to perform pavement sweeping and failed to clean and maintain catch basins. The runoff, which contained total suspended solids, oil and grease, metals, and caustics detrimental to aquatic life and water quality, flowed into wetlands, streams and brooks that flowed into tributaries of the Atlantic Ocean.
The CWA requires that industrial facilities, such as ready-mix concrete plants, sand and gravel facilities and asphalt batching plants, have controls in place to prevent pollution from being discharged with storm water into nearby waterways. Each site must have a storm water pollution prevention plan that sets guidelines and best management practices that the company will follow to prevent runoff from being contaminated by pollutants.
Since being notified of the violations by EPA, the company has made significant improvements to its storm water management systems.
Without onsite controls, runoff from ready-mix concrete and sand and gravel facilities can flow directly to the nearest waterway and can cause water quality impairments such as siltation of rivers, beach closings, and fishing restrictions, and habitat degradation. As storm water flows over these sites, it can pick up pollutants, including sediment, used oil, pesticides, solvents and other debris. Polluted runoff can harm or kill fish and wildlife and can affect drinking water quality.
Aggregate-NE, a fully owned subsidiary of Aggregate Industries, Inc., a Delaware corporation with facilities in several regions throughout the United States, operates approximately 43 facilities in New England. The company is one of the largest producers of aggregates (crushed stone, sand and gravel), asphalt batching, and ready-mixed concrete in New England. Aggregate-NE is required to pay the penalty within 30 days of the court’s approval of the settlement.
$45,400 Penalty for Storm Water Violations at Hospital Construction Site
The Minnesota Pollution Control Agency (MPCA) has reached an agreement with Regions Hospital and Kraus-Anderson Construction Co. that resolves an alleged failure to comply with the construction stormwater permit issued for the hospital’s expansion project. In accordance with the agreement, Regions and Kraus-Anderson have paid a $45,400 civil penalty.
In 2007, Regions Hospital hired Kraus-Anderson to undertake a major expansion at its St. Paul location. The companies applied for a general stormwater permit, which is required to prevent water pollution from runoff associated with construction activity. When stormwater drains off a construction site, it carries sediment and other pollutants that harm lakes, streams and wetlands. Stormwater runoff is a leading source of water pollution.
During several inspections in 2007, inspectors observed dirty construction-related stormwater being pumped off site and being directed into storm sewers that empty into the Mississippi River. Additionally, concrete had been improperly deposited on bare ground, and poor maintenance at an entrance gate caused sediments to be tracked onto paved surfaces surrounding the project.
Regions and Kraus-Anderson corrected the problems and will submit a plan to the MPCA that ensures future compliance with the stormwater permit.
Union Pacific Railroad Company Settles Clean Water Act Violations with Stream Restoration
Union Pacific Railroad Company (UP) has agreed to settle alleged violations of the CWA in Nevada by restoring 122 acres of mountain-desert streams and wetlands, implementing storm water controls at its construction sites, and paying a civil penalty, the Justice Department and EPA have announced.
As part of the settlement, UP will restore 21 sections of Clover Creek and Meadow Valley Wash, in Clark and Lincoln Counties, Nevada, and will monitor eight major restoration areas for at least five years. The work will include removal of illegal fill, restoration, monitoring, maintenance, re-vegetation, and invasive species removal, at an estimated cost of $31 million. UP will also pay $800,000 in civil penalties.
“This settlement will restore Clover Creek and Meadow Valley Wash,” said John C. Cruden, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “We are pleased that this agreement will result in the restoration of important mountain-desert streams and habitat for the state of Nevada.”
“Meadow Valley Wash and Clover Creek are valuable, sensitive water resources which provide habitat to many fish species and endangered wildlife, such as the desert tortoise and southwestern willow flycatcher. Union Pacific’s long term restoration will restore Meadow Valley Wash and Clover Creek,” said Laura Yoshii, Acting Regional Administrator for the Pacific Southwest region. “This significant settlement underscores EPA’s commitment to protect valuable water resources in Nevada.”
The settlement resolves a complaint filed by the United States against UP for alleged violations of the CWA stemming from the railroad’s activities in Clover Creek and Meadow Valley Wash in 2005. In January 2005, UP railroad tracks sustained significant damage following a flood in southern Nevada. The company made time-critical actions to repair damage.
However, UP also conducted extensive non-emergency construction and stream alteration work without obtaining the required CWA permits, which could have minimized and compensated for the damage to the streams. UPs unauthorized discharges included the construction of massive structures to control stream flows, such as dikes, berms, levees and diversions within the stream systems. The structures ranged from five to 15 feet high, and from 20 to thousands of feet long.
The CWA requires anyone engaged in construction within waters of the United States to obtain permits when altering waterways. The Corps of Engineers issues permits to discharge fill in water bodies. The state of Nevada is authorized to issue National Pollutant Discharge Elimination System permits for the discharge of pollutants in storm water from construction sites.
EPA Orders Restoration of Wetland
EPA Region 5 has reached an agreement with Lucille and Thomas Warfield, of Versailles, Indiana, for allegedly discharging dredged material and debris into about 22 acres of forested wetland adjacent to Little Graham Creek in Ripley County, Indiana.
The Warfields have agreed to restore 4 acres of forested wetland to its original condition; plant, maintain and protect a 16 acre riparian corridor along the creek and two of its tributaries; and legally protect those areas and approximately 11 acres of existing wetland with a conservation easement. The Warfields have already performed a significant portion of this work.
Wetlands provide important functions in the environment by naturally filtering pollutants in water that runs through them, reducing the frequency and intensity of flooding by acting as a buffer, and providing habitat for wildlife, birds, and aquatic creatures.
Tips to Save Water and Money
August is peak water use season and with a few simple tips from EPA’s WaterSense program homeowners can save water and as much as $110 annually on their water bills.
“Peak water use can be expensive, taxes local water systems, and threatens future water supply and quality,” said Peter S. Silva, EPA’s Assistant Administrator for Water. “A few simple changes can help consumers reduce their water bills, and in turn, save them money.”
On average, an American household uses about 260 gallons per day, but this amount climbs to around 1,000 gallons per day during peak water use season with some households using as much as 3,000 gallons a day.
Here are some tips to help reduce water use:
- Water yards only when needed.
- Consider using WaterSense labeled toilets, faucets and faucet accessories, which use at least 20% less water and can save $60 per year.
- Water landscapes only when needed. Watering in the very early morning or evening is best.
- Wash only full loads of laundry and dishes, and scrape dishes instead of rinsing when loading the dishwasher.
- For summer refreshment, keep a pitcher of water in the fridge instead of running the tap until it is cold.
- Put your favorite handyperson to work fixing leaks around the home, which can waste about 200 gallons per week. Fixing leaks can add up to about $50 in utility bill savings annually.
In 2008 alone, WaterSense labeled toilets, faucets, and faucet accessories helped Americans save more than 9.3 billion gallons of water and realize more than $55 million in savings on water and sewer bills. That is enough water to supply 100,000 average households for a year.
WaterSense is a partnership program sponsored by EPA to protect the future of our nation’s water supply by promoting and enhancing the market for water-efficient products and services.
EPA Launches the Emission Standards Reference Guide Website
The website includes information such as applicable standards; useful life; warranty period; and the availability of averaging, banking, and trading (ABT).
New Report Validates Affordability of Waxman-Markey
Below are some of the major findings of the report:
- The overall impact on the average household, including the benefit of many of the energy efficiency provisions in the legislation, would be 23 cents per day ($83 per year). This is consistent with analyses by the Congressional Budget Office which projects a cost of 48 cents per day ($175 per year) and the EPA which projects a cost of 22 to 30 cents per day ($80 to $111 per year).
- Renewable electricity generation is “dramatically higher” under Waxman-Markey, increasing renewable generation 28% by 2030.
- Advanced carbon capture and storage (CCS) technology would come online before 2020 and lead to 69 gigawatts of new CCS coal-fired generation by 2030.
- Roughly 83% of new electricity generating capacity would be low or zero carbon.
Chairmen Henry Waxman and Edward J. Markey issued the following statement on the report:
“The evidence is now overwhelming that this clean energy legislation is both affordable and effective. American clean energy will grow substantially, and so will clean energy jobs that can’t be shipped overseas.”
eRulemaking Enhances Regulations.gov for Access to Federal Regulations
The eRulemaking Program has launched a significant upgrade to the website that provides one-stop, public access to information related to current and forthcoming regulations issued by the federal government. The EPA is the managing partner of the inter-agency eRulemaking Program, which operates regulations.gov.
Visitors to regulations.gov can now streamline search results with date ranges, select specific U.S. government departments or agencies, and view results by docket or file folder. Other changes include interactive icons and links to common user tasks that pre-populate search fields to help users find regulations and comments. The website also provides quick access, simplified navigation and additional information sharing, such as social bookmarking and RSS feeds by specific government departments or agencies.
These enhancements were previewed publicly on Regulations.gov Exchange, an online forum featured in the White House Open Government Initiative. From May 21 to July 21, 2009, the public was able to explore proposed new designs and features, provide comments, and engage with other site visitors and the eRulemaking Program staff.
Regulations.gov helps individuals provide written comments to agencies before regulations are finalized. The site supports more than 160 federal agencies accounting for 90% of all federal rulemaking production. On average, federal agencies, departments, and commissions issue 8,000 regulations annually. To date, the public can access more than 2 million documents on regulations.gov, and in the first half of 2009, visitors to the website submitted more than 200,000 comments on new or existing regulations.
Federal Appeals Court Upholds Roadless Area Protections
. The decision puts an end to the Bush administration’s efforts to open these last great natural areas to development. The ruling protects the majority of national forest roadless areas in the country.
“Americans love the wild forests and rivers our country has been blessed with,” said Earthjustice attorney Kristen Boyles. “From campers, hunters, hikers, fishermen, and bird watchers to cities and towns that rely on clean, mountain-fed drinking water, we all stand and cheer that the court today protected our national roadless areas.”
The appellate court explained that the Bush rule it struck down, “had the effect of permanently repealing uniform, nationwide, substantive protections that were afforded to inventoried roadless areas, and replacing them with a [variable] regime of the type the agency had rejected as inadequate a few years earlier.” The court repeated its earlier finding that “there can be no doubt that the 58.5 million acres subject to the Roadless Rule, if implemented, would have greater protection if the Roadless Rule stands.” The 2001 Rule has, the court emphasized, “immeasurable benefits from a conservationist standpoint.”
The ruling not only affirms and reinstates the most popular environmental rule of all time, it frees the Obama administration to pursue President Obama’s pledge to “support and defend” the 2001 Rule—including appealing an adverse ruling from a Wyoming federal court, ending the roadless protection exemption for the Tongass National Forest, and refraining from enacting specific state legislation, like that proposed in Colorado.
In 2009, 127 eminent scientists, four governors, 121 members of Congress, 25 Senators, and 119 outdoor recreation businesses sent letters appealing to President Obama and Agriculture Secretary Vilsack to protect and defend roadless areas.
The fate of the Roadless Rule has been caught up in the federal courts and the politics of changing Presidents for almost a decade. Originally adopted by the Clinton administration after an environmental review that included 600 public hearings and over 1.6 million public comments, the Bush administration actively colluded to get rid of it. Despite these efforts, and due to deep public support for roadless area protection, only seven miles of roads were built and 535 acres of trees logged in roadless areas since 2001.
The timber industry first challenged the Roadless Rule in federal court in Idaho. The Bush administration refused to defend it, and the court temporarily suspended the Roadless Rule. That suspension came to an end in 2003 when environmental groups, represented by Earthjustice attorneys, won an appeal in the Ninth Circuit that reinstated the Rule’s protections. Separate litigation in federal court in Wyoming then again suspended the Roadless Rule, and appellate court review in the Tenth Circuit was pending when the Bush administration repealed the Rule outright in 2005 and replaced it with one of their own that invited a state by state approach. It was this 2005 Bush rule that was found to be illegal by the 9th Circuit.
The challenge to the Bush rule was brought by 20 regional and national environmental groups, again represented by Earthjustice, joining parallel efforts by four states. In September 2006, a federal court in California struck down the Bush repeal.
The ruling does not address ongoing Roadless Rule litigation in Wyoming or the specific exemption for the Tongass National Forest in Alaska engineered by the Bush administration. Both these areas must be addressed to ensure full, nationwide roadless area protection.
In the challenge to the repeal of the Roadless Rule, Earthjustice represented The Wilderness Society, California Wilderness Coalition, Forests Forever Foundation, Northcoast Environmental Center, Oregon Wild, Sitka Conservation Society, Siskiyou Project, Biodiversity Conservation Alliance, Sierra Club, National Audubon Society, Greater Yellowstone Coalition, Center for Biological Diversity, Environmental Protection Information Center, Klamath-Siskiyou Wildlands Center, Defenders of Wildlife, Pacific Rivers Council, Idaho Conservation League, Humane Society of the United States, Conservation NW, and Greenpeace, and joined with the states of California, Oregon, New Mexico, and Washington.
Louisiana Recognizes Local Environmental Leadership
The Department of Environmental Quality recognized the achievements of industry, local governments, non-governmental organizations, schools and an individual during the 2009 Environmental Leadership Program Awards ceremony. New and existing members of the ELP were commended for their voluntary pollution prevention efforts and community educational outreach initiatives. The ceremony highlighted projects that went above and beyond regulatory compliance to substantially improve the quality of the environment. In 2008-2009, the ELP enrolled 48 new members.
Collectively, the efforts of ELP members in 2008-2009 resulted in 34,409,974 pounds of pollutants were removed from the environment. The pollutants removed included sodium chloride brine, carbon dioxide emissions, particulate matter (PM 10), oxides of sulfur and nitrogen, sulfuric acid, hydrochloric acid, spent catalyst, spent caustic, etc. Additionally, 9,125,000 gallons of wastewater were reused and diverted from being discharged into the publicly owned treatment system. Also, 2,000,000 cubic yards of wood waste, 4,300 cubic yards of asphalt, and 3,111,341 pounds of e-waste, spent catalyst, hazardous waste, lithium batteries, filtercakes, etc., were recycled. A complete list of projects and honorees can be viewed on the DEQ Web site, www.deq.louisiana.gov/elp.
Senator Jody Amedee, Chairman of the Louisiana Senate Environmental Committee joined DEQ Secretary Harold Leggett to present the 2009 ELP awards. Dr. Leggett applauded the efforts made by the honorees in protecting Louisiana’s environment.
“Companies, municipalities, schools and individuals that promote environmental improvements are helping to secure a cleaner future for Louisiana,” Leggett said. “This year, I asked Deputy Secretary Alex Appeaning to expand the traditional ELP award categories to include medium and small businesses, non-governmental organizations, schools and individuals. It takes the commitment of all entities in the state to achieve our goal of protecting the environment. The projects honored today reflect creativity, technical innovations, and enhanced efficiency.”
The Louisiana Environmental Leadership Program began in 1995 as a cooperative effort between DEQ and participating companies, organizations, and municipalities in the state. Today, any company, federal facility, municipality, school or individual committed to improving the quality of the state’s environment is eligible to join the program.
TCEQ Helicopter Takes to the Sky for Gulf Coast Clean Air Study
Residents in the Corpus Christi, Beaumont-Port Arthur, and Houston-Galveston-Brazoria areas may soon notice a white helicopter hovering over or near pipelines, oil and gas production facilities, and other industrial facilities, as part of an airborne study being conducted by the Texas Commission on Environmental Quality.
Beginning the second week of August, the helicopter flights will be conducted over industrial areas in Harris, Jefferson, and Nueces counties. The study will conclude no later than August 21, 2009.
The specially-equipped helicopter utilizes an infrared camera called the HAWK that can image volatile organic compounds (VOCs) and other hydrocarbon emissions invisible to the eye. VOCs are a class of compounds present in common things like gasoline and used as solvents or industrial chemicals. VOCs can combine with nitrogen oxides (NOx) in the presence of sunlight and light winds to form ground-level ozone. When the camera detects possible VOC emissions, the technician on the helicopter will note the time and location and other information about the emissions source. The helicopter may hover or circle a particular location for an extended period of time to gather images and data on potential emission sources.
The TCEQ project is a follow-up to similar efforts conducted in the Texas Gulf Coast, Dallas-Fort Worth, and Tyler-Longview-Marshall areas to identify VOC sources that may potentially be unreported or under-reported. Identifying the emissions will assist the agency in improving the region’s air quality by advancing the study of ozone formation and VOC sources, thus leading to improved air quality planning efforts.
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Trivia Question of the Week
Recycling a single aluminum can saves enough electricity to power a television for how long?
a. 30 minutes
b. 3 hours
c. 3 days
d. 3 weeks