In response to broad stakeholder interest, EPA is seeking public input on these draft guidelines and a potential approach to assessing non-governmental environmental standards and ecolabels already in the marketplace.
“As the largest purchaser in the world, the US government is working to reduce its environmental footprint,” said Jim Jones, Assistant Administrator for the Office of Chemical Safety and Pollution Prevention. “The government buys everything from furniture to lighting to cleaning products. These guidelines will make it easier for federal purchasers to meet the existing goal of 95% sustainable purchases while spurring consumers and the private sector to use and demand safer and greener products.”
The draft guidelines were developed by EPA, the General Services Administration, and others following several listening sessions with a wide range of stakeholders on how the federal government can be more sustainable in its purchasing and how it can best meet the numerous Federal requirements for the procurement of sustainable and environmentally preferable products and services. The draft guidelines were designed to assist federal purchasing decision makers in more consistently using existing non-governmental product environmental performance standards and ecolabels.
The draft guidelines address key characteristics of environmental standards and ecolabels, including the credibility of the development process and the effectiveness of the criteria for environmental performance. The draft guidelines were developed to be flexible enough to be applied to standards and ecolabels in a broad range of product categories.
Cary HAZWOPER Training
Burbank RCRA and DOT Training
Wilmington RCRA and DOT Training
How to Implement OSHA’s Globally Harmonized Hazard Communication Standard
OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, material safety data sheet (now called “safety data sheet” or SDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on SDSs.
DTSC To Discuss Key Initiatives In Quarterly Public Meetings
The meetings offer the public an opportunity to hear status and progress reports on DTSC's programs and proposals. Members of the public can ask questions in person or via e-mail during the meetings, which DTSC envisions will be held on a quarterly basis.
A recording of each meeting will also be posted.
EPA Releases BASINS Version 4.1
EPA has released an enhanced version of the environmental model BASINS . BASINS version 4.1 includes numerous enhancements in the underlying GIS software, such as use of TauDEM software to better sketch watershed boundaries from topographic information, use of DFLOW to better estimate stream flow, and updated data management and analysis tools. BASINS was developed by EPA to assist states, local governments, and watershed groups in their efforts to manage their watersheds and develop total maximum daily loads (TMDLs). It does this by integrating environmental data, analysis tools, and watershed and water quality models.
Cabot Corporation Agrees to Spend Over $84 Million to Control Harmful Air Pollution
The Louisiana Department of Environmental Quality is a co-plaintiff in the case and will receive $292,500 of the penalty.
“With today’s commitment to invest in pollution controls, Cabot has raised the industry standard for environmental protection,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “These upgrades will have lasting, tangible impacts on improved respiratory health for local communities. We expect others in the industry to take notice and realize their obligation to protect the communities in which they operate.”
“By agreeing to pay an appropriate penalty and install state of the art technology to control harmful air pollution, Cabot Corp is taking a positive step forward to address these alleged violations of the Clean Air Act,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “This agreement will serve as a model for how the industry can come into compliance with the Clean Air Act by installing controls that prevent harmful pollution and improve air quality for surrounding communities.”
“This is a huge win for the citizens of our district,” said US Attorney Stephanie A. Finley. “These harmful pollutants can cause serious, long-term respiratory harm. The United States Attorney’s Office is committed to the enforcement of the environmental laws and protection of the community. This settlement promotes a healthier environment and an opportunity to allow the residents of the district to breathe cleaner air.”
At all three facilities, the settlement requires that Cabot optimize existing controls for particulate matter or soot, operate an “early warning” detection system that will alert facility operators to any particulate matter releases, and comply with a plan to control “fugitive emissions” which result from leaks or unintended releases of gases. To address nitrogen oxide (NOx) pollution, Cabot must install selective catalytic reduction technology to significantly reduce emissions, install continuous monitoring, and comply with stringent limits. At the two larger facilities in Louisiana, Cabot must address sulfur dioxide (SO2) pollution by installing wet gas scrubbers to control emissions, install continuous monitoring, and comply with stringent emissions limits. In addition, the Texas facility is required to comply with a limit on the amount of sulfur in feedstock which is the lowest for any carbon black plant in the United States.
These measures are expected to reduce NOx emissions by approximately 1,975 tons per year, SO2 emissions by approximately 12,380 tons per year, and significantly improve existing particulate matter controls. Exposure to NOx emissions can cause severe respiratory problems and contribute to childhood asthma. SO2 and NOx can be converted to fine particulate matter once released in the air. Fine particulates can be breathed in and lodged deep in the lungs, leading to a variety of health problems and even premature death. The harmful health and environmental impacts from these pollutants can occur near the facilities as well as in communities far downwind from the plants.
In the complaint filed by DOJ on behalf of EPA, the government alleged that between 2003 and 2009, Cabot made major modifications at its carbon black facilities without obtaining pre-construction permits and without installing and operating required pollution technology. The complaint further alleges that these actions resulted in increased emissions of NOx and SO2, violating CAA requirements stating that companies must obtain the necessary permits prior to making modifications at a facility and must install and operate required pollution control equipment if those modifications will result in increases of certain pollutants.
The recent action also requires that Cabot spend $450,000 on energy saving and pollution reduction projects that will benefit the communities surrounding the facilities in Franklin and Ville Platte, Louisiana and in Pampa, Texas, such as upgrading air handling units at municipal buildings in the three communities to more efficient technology.
Carbon black is a fine carbonaceous powder used as a structural support medium in tires and as a pigment in a variety of products such as plastic, rubber, inkjet toner, and cosmetics. It’s produced by burning oil in a low oxygen environment; the oil is transformed into soot (carbon black), which is collected in a baghouse. Because the oil used in the process is low value high sulfur oil, the manufacturing process creates significant amounts of SO2 and NOx, as well as particulate matter.
Since 2010, EPA has been focusing enforcement efforts on reducing emissions at carbon manufacturing plants in the United States. Currently, none of the 15 carbon black manufacturing plants located in the United States have controls on emissions of SO2 and NOx or have continuous emissions monitors.
Cabot Corporation manufactures global specialty chemicals and performance materials, which include rubber additives for tires and brake pads, activated carbon for air purifiers, chemicals used in the manufacture of lithium-ion batteries, and inkjet colorants.
The company is required to pay the penalty within 30 days after the court approves the settlement.
Alaska Department of Transportation and Public Facilities to Close Contaminated Wells
Alaska Department of Transportation and Public Facilities and the EPA have reached an agreement to close 55 motor vehicle waste disposal wells across Alaska located at state vehicle repair and maintenance facilities. Some of the wells are located in state-designated groundwater protection areas and posed a risk to groundwater resources that communities use for drinking water.
"About 80 percent of Alaskans depend on groundwater for drinking water," said Ed Kowalski, Director of the EPA Compliance Office in Seattle. "Closing these outdated wells will help protect Alaska’s critical water resources from the metals and chemicals associated with vehicle maintenance."
ADOT&PF used the wells to dispose of storm water, snowmelt, and water used to wash vehicles. This wastewater may have contained antifreeze, brake fluid, waste petroleum, and other vehicular wastes that have known harmful impacts to human health. During vehicle repair and maintenance, these fluids can drip on the floor and enter drains or sinks in service areas. If the drains or sinks are connected to a septic system, dry well or any underground disposal system, chemicals and metals may be entering soil or drinking water supplies.
The Safe Drinking Water Act requires EPA to regulate underground injection wells. The regulations banned motor vehicle waste disposal injection wells in 2000 and required closure of all existing wells due to their high potential to endanger underground sources of drinking water.
ADOT&PF has agreed to sample the 55 wells, remove contamination and permanently shut down the wells or convert them to alternate uses by 2018. ADOT&PF is working with the Alaska Department of Environmental Conservation and the EPA to close the wells. Six of the wells have already been closed and the closure process has been initiated for other wells. The result will be better protection for groundwater resources across Alaska.
EPA is working to close approximately 330 banned motor vehicle waste disposal wells in Alaska. Owners and operators of facilities with these wells should contact EPA to learn how to improve their waste management practices to protect drinking water resources. As facilities close existing wells or install new wastewater systems, EPA and the Alaska Department of Environmental Conservation can provide advice on alternative, environmentally-friendly methods to handle wastewater.
EPA Fines Fisher Sand and Gravel $150,000 for Dust Violations
The US Department of Justice and the EPA have issued a civil penalty against Fisher Sand and Gravel of $150,000 for failing to comply with dust mitigation regulations at three of its Maricopa County facilities. In addition, the company is required to take steps to minimize the generation of dust at its Phoenix plant.
“Our goal is to prevent airborne dust from harming public health,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “We will continue to work closely with local air quality agencies to enforce the rules that protect communities from dust.”
Fisher Sand and Gravel operates numerous sand and gravel facilities in Maricopa County. The violations occurred at their Buckeye, Sun City, and Phoenix locations. The enforcement action stems from EPA and Maricopa County Air Quality Department inspections conducted in 2010 at these three facilities that identified 17 violations for failing to perform various measures required to reduce particulate matter emissions, such as:
- Failure to spray water during earthmoving operations
- Failure to remove particulate matter from vehicles leaving the site
- Failure to clean up dirt tracked more than 50 feet beyond the site
- Failure to submit and comply with dust control plans
In addition to the penalty, the company must install water spray bars to control fugitive dust emissions at its Phoenix facility at 3826 S. 28th Street, and submit detailed compliance reports. The action is the last stemming from a series of EPA inspections in 2010 at dust generating facilities in Maricopa County as part of the agency’s initiative to help improve compliance with the area’s air plan.
Particulate matter affects the respiratory system. Particle pollution is a complex mixture of extremely small particles and liquid droplets in the air. When breathed in, these particles can reach the deepest regions of the lungs, and are linked to a variety of significant health problems—ranging from aggravated asthma to premature death in people with heart and lung disease. The elderly, children and people with chronic lung disease, influenza, or asthma are especially sensitive to high levels of particulate matter.
California Air Resources Board Rolls out its Free, Real-Time Air Pollution Mobile Website
The California Air Resources Board has developed a mobile website for smartphones and tablets that makes it possible to see real-time levels of ozone and fine particle pollution in your immediate area—or in towns and cities throughout California—on an hour-by-hour basis.
“This new mobile website brings together the convenience of smartphone technology with the State’s sophisticated air quality monitoring network,” said ARB Chairman Mary D. Nichols. “It uses the best technology available to make real-time air quality information easily available in more than 150 locations throughout California to protect public health, especially those individuals who are the most vulnerable to air pollution.”
The easy-to-use Breathe Well mobile website draws on one of the most sophisticated and comprehensive air monitoring networks in the world made possible by the significant investment by the ARB and local air districts in California. The site can access hour-by-hour averages of data that is relayed from about 200 monitors statewide.
Real-time information will help people better manage the timing of their outdoor activities, and help teachers and parents of children with asthma know when it’s safe to play outside or participate in sporting activities. Real-time levels give an accurate indication of the air quality before that level may be reached. The hour-by-hour information can also be compared to other air quality indicators that predict the highest levels of pollution expected for that day, which typically are not reached until the afternoon.
The Breathe Well website can be accessed from any PC or mobile device with Chrome, Internet Explorer, or Firefox or other Internet browsers. Breathe Well’s features include:
- At-a-glance levels of ozone and fine particle pollution (PM2.5) linked to the location of a smartphone or tablet
- The ability to set the air pollution readout for your current location—or one of about 150 locations
- Maps that pinpoint the location of nearby air quality monitors
Breathe Well won “Best Mobile App” at the Mobile Government 2013 conference held at the Sacramento Convention Center last March.
Exposure to ground-level ozone and PM2.5 (particles 2.5 micrometers in diameter or smaller) are the two pollutants that most affect the air we breathe. High levels of ozone and fine particles can reduce lung function, making it more difficult to breathe, and can cause or worsen asthma and other cardiovascular disease. Ozone is a gas that forms when sunlight combines with emissions from traffic and other human activities. Particle pollution may be emitted directly into the air or can form in the air from other emissions.
San Diego County served as a test market for the Breathe Well mobile website, rolling it out last April. Breathe Well is a mobile website or mobile web application that can be accessed through a browser, not an actual application that is downloaded and resides on a mobile device. The Breathe Well mobile website can be easily recalled by storing its Internet address as a ‘favorite’ in the browser that the handheld device uses to access the Internet.
Basis for Listing Three Carcinogenic Toxics Changes
Effective November 22, 2013, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) changed the basis for the listing of 1,2-dibromo-3-chloropropane (DBCP), ethylene oxide, and lead as known to the state to cause reproductive toxicity under the Safe Drinking Water and Toxic Enforcement Act of 19861. The original listing date of February 27, 1987, for DBCP, ethylene oxide, and lead remains the same.
DBCP, ethylene oxide and lead were originally added to the Proposition 65 list as causing reproductive toxicity pursuant to Labor Code Section 6382(d), which is incorporated by reference in Health and Safety Code Section 25249.8(a). Male and female reproductive toxicity and developmental toxicity are the general endpoints noted for lead and ethylene oxide, and male reproductive toxicity is noted for DBCP. Based on changes to certain federal regulations that affect the bases for the original listings, OEHHA has accordingly changed the bases for listings for these chemicals to the “formally required to be labeled or identified” listing mechanism.
DBCP, ethylene oxide and lead are required to be identified or labeled to communicate a risk of reproductive toxicity by federal Occupational Safety and Health Administration (OSHA) regulations. In addition, the US EPA also requires labels to communicate a risk of reproductive toxicity for ethylene oxide.
The bases for listing DBCP, ethylene oxide and lead were described in a public notice published in the September 20, 2013, issue of the California Regulatory Notice Register (Register 2013, No. 38-Z.) The publication of the notice initiated a public comment period that closed on October 21, 2013. One public comment was received.
Washington State Changes Fees for Some Categories of Wastewater Permits
Washington’s Department of Ecology (Ecology) is changing fees it collects for several categories of wastewater discharge permits, as required by state law.
The permits are the state’s primary tool to protect clean water.
Permits set limits on how much pollution can be discharged into the environment by businesses, local governments, and other entities.
Permit fees recoup the state’s costs to administer the permits. The proposed fee increase amounts were set by the state Legislature.
Ecology increased fees only for those permit types that do not cover the state’s administration costs.
Ecology sought comment from the public and directly affected parties earlier this year.
The following permit categories will be increased by the state’s fiscal growth factor. The increase amounts to 4.55% for state fiscal year 2014 (July 1, 2013, through June 30, 2014) and 4.63% for fiscal year 2015 (July 1, 2014, through June 30, 2015):
- Aquatic Pest Control
- Boatyards
- Concentrated Animal Feeding Operations
- Dairies
- Industrial, Municipal, and Construction Stormwater General Permits and Individual Stormwater Permits
- Private and Government-Owned Domestic Wastewater Treatment Plants
- Municipal Domestic Wastewater Treatment Plants that treat water for more than 250,000 households and businesses
The change becomes effective December 2.
Farmer Fined $59,443 for Illegal Water Use
Farrah Wardenaar, a Columbia Washington farmer, is being fined for illegally irrigating cropland on Frenchman Hills near Royal City since 2012.
Washington Department of Ecology investigators report Wardenaar illegally irrigated three crops with artificially stored groundwater pumped from the Federal Bureau of Reclamation’s Columbia Basin Project. In total, more than 100 acre-feet of water were pumped and applied outside the authorized location.
In the summer of 2012, Ecology offered Wardenaar technical assistance to correct the violation. Wardenaar’s irrigation operations continued after Ecology issued an order to stop irrigating the cropland.
All water right permits have special provisions, including where water is withdrawn, the purpose for which it can be used and location it can be applied.
The Columbia Basin Project has additional requirements. Irrigating outside the authorized “place of use” interferes with state and federal water managers’ ability to provide an adequate water supply for legal water users.
Water supply in the Columbia Basin Project is tightly managed not only to benefit water users, but to protect important fish and wildlife habitat.
Water that runs off the illegally irrigated crop land does not return to the Potholes Reservoir and is therefore lost to the Columbia Basin Project. The project design recaptures unused water within the boundary through infiltration.
A single acre-foot is equivalent to 325,851 gallons, covering one acre of land one foot deep.
Wardenaar can appeal the penalty to the Pollution Control Hearings Board within 30 days.
New Standards to Reduce Toxic Chemicals in Furniture
California Governor Jerry Brown recently announced the state’s new flammability standards for upholstered furniture, the culmination of a year-long effort by the Brown administration and environmental, public health, and consumer groups who advocated to modernize the standards and reduce Californians’ exposure to toxic and untested flame retardant chemicals.
Following is a statement by Avinash Kar, staff attorney in the Health Program at the Natural Resources Defense Council:
“This is good news for Californians and people across the country. The long-overdue new standards will protect us against fires without the need for toxic fire retardant chemicals, which have been linked to cancer and other health problems. This is a win-win for millions of consumers everywhere.”
Last year, Governor Brown directed state agencies to revise California’s nearly 40-year-old flammability standards for upholstered furniture sold in the state to reflect modern manufacturing methods that can reduce the use of harmful flame retardant chemicals.
Numerous studies have found links between exposure to chemicals used as flame-retardants in upholstered furniture and cancer and fertility issues. These chemicals also disproportionately impact children. One study found toddlers can have up to three times the level of flame-retardants in their bodies as their parents.
DTSC Executes Search Warrant on Scrap Metal Recycling Facility Releasing Black Dust
The Department of Toxic Substances Control (DTSC) executed a search warrant recently at Panda International Trading Co., Inc., also known as Pan Metals Co., in Maywood in Los Angeles County.
The warrant is part of an ongoing investigation that began with a routine inspection by DTSC’s Office of Criminal Investigations (OCI).
The facility, located at 3570 Fruitland Ave., is a scrap metal recycler that receives, handles, and stores cathode ray tubes and universal waste, which can include old appliances. Cathode ray tubes were used in television and computer screens and contain lead and other metals. If components from both types of waste are not handled according to regulations, they could result in an uncontrolled release of hazardous waste into the environment.
The search warrant is based on evidence that black dust is being illegally released and deposited on the public sidewalk in front of the company. DTSC suspects this black dust contains high levels of metals. Investigators don’t yet know how it is being generated.
DTSC will review the findings of the warrant and may follow up with criminal or civil action.
OCI received assistance from the Los Angeles County Sheriff’s Department, Los Angeles County District Attorney’s Office, Los Angeles Port Police, Los Angeles Public Works, Los Angeles Regional Water Quality Control Board, Los Angeles County Fire Department Health Hazardous Material Division and the EPA.
Barton Center in Massachusetts Violates Air Pollution Control and Solid Waste Requirements
The Massachusetts Department of Environmental Protection (MassDEP) has assessed $31,190 in penalties to the Barton Center for Diabetes Education, Inc., for violations of state Air Pollution Control and Solid Waste regulations. The Barton Center operates Camp Joslin, an educational summer camp for boys with diabetes, at 150 Richardson Road in Charlton.
In April 2012, the Charlton Fire Department observed a Barton Center employee burning construction and demolition material from a partially demolished building. MassDEP was called in and determined that the demolition materials contained asbestos. This waste-burning activity violated numerous asbestos requirements, as well as open burning and solid waste disposal regulations.
A consent order signed by the Barton Center requires the payment of $16,230 of the assessed penalty, as well as the payment of $14,960 to fund a Supplemental Environmental Project that will provide much-needed fire training equipment to the Charlton Fire Department. In addition, the Center will conduct surveys of all buildings that it owns to determine the presence of asbestos.
"The Barton Center took immediate steps to correct the violations, is now aware of its responsibilities and has trained personnel so that this will not happen in the future," said Lee Dillard Adams, director of MassDEP's Central Regional Office in Worcester. "The Supplemental Environmental Project that is part of this settlement will help the local fire department with its ongoing training regimen."
Atlas Box & Crating Co. Assessed $4,320 Penalty for Violating Air Pollution Control Requirements
Atlas Box and Crating Co., Inc., which manufactures corrugated boxes, wooden crates, and foam packaging inserts at its facility located at 223 Worcester Providence Turnpike in Sutton, will pay a $4,320 penalty for creating noise that violated Massachusetts Air Pollution Control requirements.
In 2011, personnel from the Massachusetts Department of Environmental Protection (MassDEP), working with officials in the Town of Sutton, investigated noise complaints and determined that the noise emanating from the company exceeded MassDEP's noise regulations. In a consent order, the company agreed to maintain compliance with applicable regulations and pay the penalty.
"Once the source of noise was identified, the company invested in sound-attenuating improvements to resolve the noise issue and comply with applicable regulations," said John E. Kronopolus, deputy director of MassDEP's Central Regional Office in Worcester.
Two Western Massachusetts Waste Haulers Fined $2,604 for Solid Waste Ban Violations
The Massachusetts Department of Environmental Protection (MassDEP) has levied penalties of $1,032 against both J. Tinnerello, LLC, of Agawam and McNamara Waste Services, LLC, of Hampden for violations of state Solid Waste Management regulations involving the mismanagement of recyclable materials. Both companies provide solid waste hauling services to the public.
On June 17, 2013, MassDEP staff observed J. Tinnerello deliver excessive amounts of wood and metal to the South Hadley Landfill for disposal. These materials are banned from disposal in Massachusetts’ landfills and incinerators given their value as a recyclable material. Previously, a warning letter had been issued to J. Tinnerello for similar observations made by MassDEP staff in February 2013.
Additionally, monthly reports submitted to MassDEP by the South Hadley Landfill indicate that J. Tinnerello delivered 24 truckloads of material that contained quantities of waste ban items in excess of acceptable standards during the period from March 2013 through July 2013.
In the case of McNamara Waste Services, on July 18, 2013, MassDEP staff observed that pre-sorted residential recycled materials were being placed in the waste compartment of a curbside trash collection truck at locations along Main Street and Steepleview Road in Hampden. The co-mingling of pre-sorted recycled material with solid waste for disposal is a violation of the waste ban regulation.
A warning letter citing similar violations was issued to McNamara Waste Services in March as a result of observations made in February 2013 by MassDEP staff at the South Hadley Landfill. Those violations included the disposal of materials that contained excessive amounts of recyclable paper and cardboard and a cathode ray tube (recyclable materials banned from disposal).
Additionally, monthly reports submitted to MassDEP by the South Hadley Landfill indicate that McNamara delivered 20 truckloads of material that contained quantities of waste ban items in excess of acceptable standards during the period from March 1, 2013 through July 2013.
"MassDEP is investing additional resources to ensure that waste and recyclables are handled in a manner that is environmentally responsible, compliant, and does not compromise the recycling efforts of citizens and businesses," said Michael Gorski, director of MassDEP's Western Regional Office in Springfield.
Wastewater Violations Leave Minnesota City with Odor Problem
As a result of complaints about wastewater treatment pond odors in the city of Perham, the Minnesota Pollution Control Agency (MPCA) conducted an investigation and is requiring the city of Perham to work with local industries to reduce the potential for future odor problems. As part of this enforcement action, the city has also paid a $70,000 penalty.
The MPCA received numerous complaints beginning in April 2012 alleging that odors from the city’s wastewater treatment ponds were so bad that some people could not have their windows open or hang clothes outside, and that the odors made them sick.
During the spring and summer of 2012, the MPCA conducted inspections at the wastewater facility and surveyed hydrogen sulfide concentrations in the air along the facility’s property lines using a portable hand-held meter. Because these results demonstrated the potential to exceed the air quality standards for hydrogen sulfide, the MPCA installed continuous monitoring equipment in 2013 to more accurately document any exceedances. Preliminary results showed numerous instances in which the level of hydrogen sulfide at the facility’s property line exceeded the state standard.
The MPCA also surveyed the air at other locations in town; however, none of the readings taken in town demonstrated the potential to exceed the standard.
Upon investigation, the MPCA found the city had, since 2009, failed to adequately regulate discharges to the wastewater treatment facility from four local industrial facilities: Barrel O’Fun Snack Food, Kenny’s Candy, Tuffy’s Pet Foods, and Perham Egg. Barrel O’Fun exceeded its limit for flow for 24 consecutive months during 2011-2012.
Discharges containing excessive organic material from all four facilities contributed to depressed dissolved oxygen levels in the treatment ponds, which can lead to odor problems. The MPCA found the city failed to require the industrial facilities to pay surcharges for not complying with effluent limits. Also since 2009, discharges from three of the four facilities had pH levels below 5.0, which can be corrosive to infrastructure.
A review of records and onsite inspections also revealed, among other things, that the city did not:
- Properly operate and maintain its pond systems to ensure effective performance
- Notify the MPCA of an industrial user (Industrial Finishing Services) that may be subject to pretreatment requirements
- Sample industrial discharges on days when they performed cleanup activities when potentially larger amounts of pollutants might enter the treatment system
- Operate the facility in accordance with certain design specifications
- Keep proper records for, or adequately maintain and/or calibrate, various types of monitoring and pumping equipment.
In addition to paying a $70,000 penalty, the city has completed numerous actions to correct problems and help ensure future issues are addressed in a timely manner. The city must begin enforcing all discharge agreements with local industries, and has submitted calculations that show recent and proposed upgrades to the system will adequately treat the amount of waste the wastewater facility expects to receive. The city has also developed an action plan for responding to future odor complaints. The plan includes monitoring for hydrogen sulfide at the property boundary and nearest downwind residence when the city receives a complaint.
Recent facility upgrades, which include additional aeration within the primary ponds and an additional secondary treatment pond cell, resulted in increased dissolved oxygen levels and far fewer odor complaints throughout the summer of 2013. Furthermore, the largest organic loading facility is in the process of installing additional pretreatment equipment, and has taken interim measures to reduce organic loading which has also helped ensure adequate wastewater treatment.
When calculating penalties, the MPCA takes into account how seriously the violation affected the environment, whether it is a first-time or repeat violation, and how promptly the violation was reported to appropriate authorities. It also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner.
EPA Recognizes Massachusetts Town for Water Conservation Efforts
EPA recently gave nation recognition to the Town of Sharon, Massachusetts, for the Town’s efforts to educate and inform citizens about practical ways to conserve water and thus save money. The recognition was under EPA’s WaterSense program.
The Town of Sharon was awarded for “Excellence in Outreach and Education.” With assistance and input from the Neponset River Watershed Association, the Town launched a program to educate local citizens on the benefits of water efficiency. The program has shown results: using concentrated education and outreach tactics, water efficiency is catching on in the town.
“New Englanders have always been practical and forward-thinking when it comes to protecting our environment. We are proud that the Town of Sharon, along with its partnership with the Neponset River Watershed Association, is taking wise steps to save water and resources,” said Curt Spalding, regional administrator of EPA’s New England office. “We all can save water and protect the environment by choosing WaterSense labeled products in our homes, yards and businesses, and by taking simple steps to save water each day.”
Starting with its youngest citizens, an in-school initiative in Sharon schools taught students about water conservation and provided take-home materials to educate parents about water efficiency in the home. High school students developed effective and informative public service announcements on the topics of water efficiency and conservation, videos for which were broadcast on the town’s local cable station. Students also designed informational posters, which were hung up in municipal buildings throughout the town. In addition, the Town of Sharon celebrated the 2012 Fix a Leak Week in style by stringing a banner across the town’s Main Street and encouraging all residents to install WaterSense labeled products and embrace water-efficient practices at home.
“The partnership forged between the Neponset River Watershed Association and the Town of Sharon Water Department has resulted in both groups doing what they do best towards providing a sustainable water supply to the residents of Sharon,” said Eric Hooper, Sharon DPW Superintendent.
The Town has seen great progress on water use reductions as a result of the outreach and education. Sharon’s award-winning water conservation program has reduced the town’s water use by 100 million gallons per year—the equivalent of adding a new water supply well. In 2012, Sharon’s average water use was 58 gallons per person per day, yet many households get down to under 30. EPA estimates the national average usage at about 100 gallons per person per day.
“Water conservation is a great win-win-win strategy for our communities, our ratepayers, and our streams and rivers,” said Neponset River Watershed Association Executive Director, Ian Cooke. “Every gallon we save, helps reduce infrastructure costs, regulatory compliance costs, and water bills, while helping to keep our streams and rivers flowing healthy for family recreation, fish, and wildlife.”
Just look for the label on toilets, faucets, irrigation controllers and many other products.
New Jersey Environmental Leaders Recognized
The Christie Administration is recognizing environmental, academic, business, science, and civic leaders from across New Jersey for their commitment to protect and enhance the state’s environment. These leaders were honored with the Governor’s Environmental Excellence Awards at a ceremony this afternoon at the New Jersey State Museum.
Among projects honored include Raritan Valley Community College’s campus commitment to green initiatives; the Barnegat Township’s School District’s comprehensive energy savings program; Montgomery Township Environmental Commission’s dedication to improved recycling; Salem County’s farmland preservation milestone; the Whippany River Watershed Action Committee’s watershed protection and restoration efforts in Morris County; Prudential Financial Inc.’s environmental business model; and the fervent leadership of a young Bergen County man who is making an environmental difference in the state.
“The Christie Administration is committed to protecting New Jersey’s environment,” said Department of Environmental Protection (DEP) Commissioner Bob Martin. “Through their dedication to environmental protection, these award winners set an example for everyone to follow. The winners and all of those who participated have set a very high standard for environmental excellence. Governor Christie and I commend their leadership.’’
Commissioner Martin was joined by former Governor James Florio at the event. This is the 14th year that the DEP has hosted an environmental leadership awards program. The program is co-sponsored by the DEP and the New Jersey Corporation for Advanced Technology, in partnership with the New Jersey State League of Municipalities.
A panel of judges accepted and reviewed scores of nominations that featured unique or valuable environmental projects and activities.
$1.5 Million Fine For Illegal Wastewater Discharge
Brad Foote Gear Works pleaded guilty to illegally discharging industrial wastewater into the public sewer system and agreed to pay a $1.5 million fine. The defendant company began cooperating and taking remedial water treatment measures after federal environmental agents executed a search warrant in February 2011.
Brad Foote Gear Works pleaded guilty to one count of violating the federal Clean Water Act on at least 300 separate days between April 2007 and February 2011. The company, which manufactures precision gear parts for wind turbines, among other things, admitted illegally discharging spent acid wastewater and spent alkaline wastewater, industrial rinse waters, acidic solutions, oil, grease, and metal-bearing wastewater into the Metropolitan Water Reclamation District of Greater Chicago sewer system without a permit. The wastewater was received at the MWRDGC’s Stickney Water Reclamation Plant in southwest Chicago, where it was treated and discharged into the Chicago Sanitary and Ship Canal.
The company, located at 1309 South Cicero Ave., in Cicero, entered the guilty plea at its arraignment in US District Court after being charged in September. US District Judge Robert M. Dow, Jr., set sentencing for February 19, 2014. Under the terms of a plea agreement, which remains subject to court approval, Brad Foote will pay a $1.5 million fine in three $500,000 installments over three years. The fine is based on a mandatory minimum fine of $5,000 per day of violation, for a total of $1.5 million. The company faces a statutory maximum penalty of five years’ probation and a maximum fine of $500,000, twice the gross gain or loss, or $50,000 per violation, whichever is greater. The Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.
The guilty plea was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois, and Randall Ashe, Special Agent-in-Charge of the Environmental Protection Agency’s Office of Criminal Enforcement in Chicago.
“To protect public health and our nation’s waterways, it is critical that industries treat their wastes safely and legally before sending them into the public sewers,” Mr. Ashe said. “For years, the defendant knowingly broke the law by allowing untreated industrial waste―including corrosive liquids―to be discharged into the public sewer system without a permit. Today’s guilty plea shows that those who engage in such conduct will be prosecuted.”
Following the search of its premises in February 2011, the company began cooperating and implementing protocols to ensure the proper discharge and disposal of industrial wastewater from its facility. As a result, the government did not seek a court-imposed corporate compliance agreement.
According to the plea agreement, Brad Foote’s manufacturing operations included a nital etch line, in which finished parts were dipped into a series of tanks containing caustic cleaners, rinse waters, and nitric acid and hydrochloric acid solutions. The etching acids and caustic cleaners of the nital etch line generally exhibited impermissibly low acidic solutions and impermissibly high alkaline solutions and, over time, those solutions and rinse waters became “spent,” meaning they lost their effectiveness and needed to be replaced.
Beginning in 2004, the company’s then chief executive officer and the manager of the nital etch line created a piping system that allowed untreated wastewater to be discharged into the public sewer system. The discharged wastewater from acid and alkaline tanks generally exhibited a pH of less than 2.0 or greater than 10.5. A second source of illegal discharge involved the company’s “Superfinish” process that used chemicals and abrasive sand-like material to smooth and polish gear parts. As a significant industrial user, Brad Foote was required to have a valid discharge authorization permit to discharge these wastewaters into the sewer system. Brad Foote knew that it did not have, and never applied for, a discharge authorization permit.
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Trivia Question of the Week
For the 2014 model year, according to fueleconomy.gov, what car had the best combined city/highway fuel economy?
a. Tesla Model S
b. Nissan Leaf
c. Ford Focus Electric
d. Chevrolet Spark EV