Seventeen of these chemical substances are subject to TSCA section 5(e) consent orders issued by EPA. This action would require persons who intend to manufacture, import, or process any of these 37 chemical substances, which include carbon nanotubes, siloxanes, isocyanates, and other chemicals, for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.
New Hampshire Plate Glass Corp. Faces Penalty for Violating Lead Renovation Rule
New Hampshire Plate Glass Corp., based in Portsmouth, New Hampshire, is facing penalties up to $90,750 for allegedly violating requirements designed to protect children from exposure to lead-based paint during painting and other renovation activities.
The alleged violations occurred during a window renovation project performed by the company at the former Frisbee School in Kittery, Maine.
The violations were brought to EPA’s attention via an anonymous tip, after which EPA and the Maine Department of Environmental Protection performed an inspection of the site in February 2012. Based on the inspection, EPA determined that the company had not complied with the required work practice requirements of the RRP Rule, including failure to assign a certified renovator to the work site, failure to cover ground with plastic sheeting, and failure to contain waste from the renovation activity.
EPA’s RRP Rule is designed to prevent exposure to lead-based paint and/or lead-based paint hazards. The rule requires individuals performing renovations for compensation at most pre-1978 housing and child-occupied facilities to be properly trained. There are certification and training requirements for individual renovators and firms performing renovations to ensure that safe work practices are followed during renovations. The rule became effective on April 22, 2010, and allows for the assessment of penalties that may reach up to a maximum of $37,500 per violation per day.
Infants and young children are especially vulnerable to lead paint exposure, which can cause developmental impairment, reading and learning disabilities, impaired hearing, reduced attention span, hyperactivity and behavioral problems. Adults with high lead levels can suffer difficulties during pregnancy, high blood pressure, nerve disorders, memory problems, and muscle and joint pain.
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How to Implement OSHA’s Globally Harmonized Hazard Communication Standard (GHS)
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.
Newport Shipyard Fined $31,000 for VOC Violations
A Newport, Rhode Island, yacht repair facility will take steps to reduce emissions of volatile organic compounds (VOCs) from paints and thinners used at its facility, under the terms of a Clean Air Act (CAA) settlement with EPA.
American Shipyard, Co., LLC, doing business as Newport Shipyard, which repairs and paints vessels, will pay a $31,000 penalty and obtain a CAA permit from the State of Rhode Island that caps the facility’s emissions of VOCs and requires use of paints and other coatings that meet low-VOC standards. Newport Shipyard will also comply with applicable recordkeeping and certification requirements.
Newport Shipyard provides marine services including painting and other repair operations. Paint used by Newport Shipyard emitted excess levels of VOCs. These pollutants can cause human health problems and also contribute to the formation of ground-level ozone, a primary constituent of smog.
Newport is in an area that has failed to meet federal air quality standards for ozone. Under its permit, the company will use low-VOC solvents and paints that comply with regulatory limits for VOCs. In addition, the company will use paint spray guns with high transfer efficiencies, implement best work practices to minimize VOC emissions from painting and cleanup, and implement required recordkeeping and reporting requirements.
Wood Treatment Companies Face Combined Fines Over $300,000 for Labeling Violations
Gardner-Fields, Inc., of Tacoma, Washington, and IBC Manufacturing Co., of Memphis, Tennessee, will pay fines for violating federal pesticide laws, according to separate settlements announced by EPA.
“Companies that sell or distribute mislabeled pesticides put people’s health and the environment at risk,” said Ed Kowalski, Director of EPA Region 10 Compliance and Enforcement. “Without proper labeling and safety instructions, users can unintentionally misapply pesticides and may lack important information for emergency first aid.”
Gardner-Fields, Inc., produced, sold, and distributed four IBC Manufacturing Co., wood preservatives under its own brand names with outdated labels. The four products are ATCO Woodlast 1420, ATCO Woodlast 2c 1423, ATCO Woodlast 2 RTU 1422, and ATCO Shakelast 1441. Gardner-Fields will pay a penalty of $35,336 to settle the violations.
IBC Manufacturing Co., the owner of the products, allowed the wood preservatives to be distributed and sold with outdated labels, by failing to inform Gardner-Fields, Inc., of important label changes required by EPA. IBC Manufacturing will pay a penalty of $265,000 to settle the violations.
Under FIFRA, wood preservatives are considered pesticides that must be registered with the EPA. Pesticides must also be distributed and sold with proper labeling and instructions that include important warning and caution statements about the product and detailed directions on the proper use of the product.
Before a pesticide is registered, the producer must provide data from tests conducted according to EPA guidelines to ensure the product will not harm people’s health. EPA examines the ingredients, how the product will be used, and its potential human health and environmental effects. Distributors and retailers are responsible for ensuring that all pesticides distributed and sold fully comply with the law.
CountryMark Refining and Logistics LLC to Install $18 Million in Pollution Controls as Part of CAA Settlement
Once fully implemented, the pollution controls required by the settlement will reduce emissions of harmful air pollution by an estimated 1,000 tons or more per year.
“Under the settlement, CountryMark will implement new practices and install innovative, cutting-edge pollution controls at its Indiana refinery,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “These innovative controls include ensuring that pollution control devices, such as flares, are operated properly to minimize pollution emitted into the air and to improve their overall efficiency.”
“This settlement requires CountryMark to install new controls and implement new practices at its refinery to reduce air pollution from all significant sources at the refinery,” said Ignacia S. Moreno, assistant attorney general for the Justice Department’s Environment and Natural Resources Division. “Notably, CountryMark will be the third refiner to put in place new measures to substantially reduce gas emissions from its flare, and the company’s commitment to retrofit diesel school buses will also reduce air emissions that affect the area’s residents.”
The complaint alleges that the company made modifications to its refinery that increased emissions without first obtaining pre-construction permits and installing required pollution control equipment. The CAA requires major sources of air pollution to obtain such permits before making changes that would result in a significant net emissions increase of any pollutant. The complaint also alleges CAA violations related to flare operation, the New Source Performance Standards, and applicable requirements for leak detection and repair (LDAR).
The settlement requires new and upgraded pollution controls, more stringent emission limits, and aggressive LDAR practices to reduce emissions from refinery equipment and processing units. The settlement also requires new controls on the refinery’s flaring devices, which are used to burn-off waste gases. The amount of pollution that flares emit depends on the total amount of waste gases sent to a flare and the efficiency at which the flare is operated when burning those gases. The settlement will ensure proper combustion efficiency for any gases that are sent to a flare and will also cap the total amount of waste gases that can be sent to a flare at the refinery. The flares requirements are part of EPA’s national effort to reduce emissions from flares at refineries, petrochemical, and chemical plants.
The flaring efficiency requirements and settlement with CountryMark are part of EPA’s national enforcement initiative to improve compliance among petroleum refiners and to reduce significant amounts of air pollution from refineries nationwide through comprehensive, company-wide enforcement settlements. The settlement with CountryMark is the 32nd under the EPA initiative. With the CountryMark settlement, more than 90% of the total refining capacity in the US—109 refineries operating in 32 states and territories—are under judicially enforceable agreements to significantly reduce emissions of pollutants. As a result of the settlement agreements, refiners have agreed to invest more than $6 billion in new pollution controls designed to reduce emissions of sulfur dioxide, nitrogen oxides, and other pollutants by over 360,000 tons per year.
The state of Indiana actively participated in the settlement with CountryMark and has received over $110,000 to fund a supplemental environmental project to remove asbestos-containing material from an old grain elevator in downtown Mount Vernon. The settlement also requires CountryMark to provide at least $70,000 in funding for a supplemental environmental project that will install diesel retrofit and/or idle reduction technologies on school buses and/or non-school bus, publicly-owned vehicles located within 50 miles of the refinery.
Tire-burning Facility to Close in Geneva Energy Settlement for CAA Violations
Geneva has agreed to close the facility, which operated intermittently from 2006 until the fall of 2011.
A federal lawsuit was filed at the same time as the settlement and alleges violations included in an August 2010 EPA Notice and Finding of Violation (NOV/FOV) issued to the facility. The NOV/FOV alleged violations of the facility’s construction permit, including monitoring and reporting requirements and emission limits established for carbon monoxide, nitrogen oxide, sulfur dioxide, ammonia, particulate matter, and opacity.
“This settlement will eliminate the source of almost 200 tons of air pollutants each year, in a community that has historically been disproportionately impacted by environmental contamination,” said EPA Regional Administrator Susan Hedman.
As part of the consent decree, Geneva will also withdraw all permits and permit applications submitted to Illinois EPA and surrender all sulfur dioxide allowances. Based on an analysis of financial information, the government concluded that Geneva is insolvent and unable to pay a civil penalty.
The consent decree also resolves CAA violations by NAES Corporation, an operations consultant at the facility during a 14-month period in 2008-2009. NAES will pay a $185,000 civil penalty.
CAA Violations at Hawaiian Landfill Result in $1.1 Million Penalty
EPA has announced a settlement with Waste Management of Hawaii, Inc., and the City and County of Honolulu over violations of air pollution laws at the Waimanalo Gulch Landfill in Kapolei, Oahu.
Waste Management, operator of the landfill, and the City of Honolulu, the owner of the landfill, are being required to implement enhanced gas monitoring to reduce the threat of underground fires at the landfill, follow fire response procedures in the event of a fire, and pay a civil penalty of $1.1 million. Waste Management estimates it has already spent about $1.5 million to design and construct a gas collection/control system required by federal law.
“Our settlement helps reduce the risk of fire at the Waimanalo Gulch Landfill, where gases reach temperatures that are among the highest for any landfill in the nation,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “By bringing it into compliance with the Clean Air Act, we are protecting the community and the environment from exposure to toxic landfill gas.”
The settlement resolves allegations that Waste Management and the City failed to design, construct, and operate a gas collection/control system; submit notifications regarding failures to complete construction milestones; prepare a startup, shutdown and malfunction plan; and to operate controls within the gas temperature limit. In addition, gas generated by decomposing refuse, such as air toxics, organic compounds, and methane—a potent greenhouse gas—was emitted from the landfill for approximately three years from 2002 to 2005.
Federal law requires large landfills to install and operate systems to collect gases generated by decomposing refuse. Effective gas controls at a landfill reduces the release of these gases, preventing them from escaping into the atmosphere. The federal default limit for gas temperatures in landfills is 131?F, in contrast to the Waimanalo Gulch Landfill system which has recorded temperatures as high as 188?F. Poorly controlled landfill gas, especially if it is excessively hot, may result in an underground fire.
Although there is no underground combustion at the facility currently, the settlement requires the company to comply with new safe interim gas temperature limits that are higher than the default limit, perform additional special gas monitoring, and insure that all monitoring data meets the requirements of a specified data quality plan. After the interim limits expire in 2016, Waste Management may use the monitoring data to support a request for permanent temperature limits that are higher than the default limit.
The Waimanalo Gulch Landfill was also the subject of EPA enforcement orders under the Clean Water Act (CWA), after heavy rains in January 2011 flooded a section of the landfill, causing waste to be released that resulted in beach contamination and closures. EPA’s compliance orders to Waste Management required an immediate cleanup, measures to stabilize the structure after the flooding, and storm water control projects at the landfill.
$8.5 Million Multi-State Settlement with American Electric Power—the Nation’s Largest Electric Power Producer—for Air Quality Improvements
The nation’s largest electric power producer, Ohio-based, American Electric Power Company, Inc., (AEP), has agreed to significantly reduce air pollution from its coal-fired power plants and pay a proposed $8.5 million multi-state settlement.
AEP asked to revise a 2007 consent decree, which settled a federal-multistate lawsuit over harmful pollution emitted by 16 of AEP’s coal-fired power plants across the Midwest and South. AEP asked for the agreement to be reopened to change the pollution control technology on its two Rockport coal-fired plants in Indiana. In exchange, the company agreed to meet a lower sulfur dioxide (SO2) limit across its Eastern system beginning in 2016. This is the third modification to the original consent decree.
Eight states (including Connecticut, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, and Vermont), led by state Attorney General’s offices and state environmental protection agencies; the US EPA; and a number of citizens’ groups joined together to negotiate the revised consent decree that improves AEP’s 2007 air pollution settlement.
Under the new agreement, filed in federal court in Ohio, AEP will cap its annual SO2 emissions at 145,000 tons by 2016, and will progressively reduce that annual cap to 94,000 tons in 2029. The original agreement capped SO2 emissions for 2016 at 260,000 tons and ended cap reductions in 2019 at 174,000 tons.
AEP agreed to retire, retrofit, repower, or refuel three units at other coal-fired plants, which affect air quality in the Northeast. It also agreed to pay $6 million, to be divided by the eight states participating in the agreement, for pollution mitigation projects, and has agreed to enter into new contracts to purchase 200 megawatts of wind energy from facilities located in Indiana or Michigan over the next two years to help advance efficiency and renewable resources and to promote cleaner air.
SO2 contributes to the formation of sulfates and fine particulates that can cause or exacerbate respiratory illnesses in the most vulnerable populations, including the elderly and small children. It is also the principal contributor to acid rain, which can damage forests, destroy plant and animal life in lakes and other water bodies, deteriorate buildings and monuments, and affect the condition of farm land.
Enforcement efforts directed at polluting power plants began in 1999, largely in the Midwest and Southeast where plants operated without proper controls in violation of the federal New Source Review (NSR) program under the federal CAA. According to original complaints filed against AEP in 1999 and 2004, AEP violated the CAA by undertaking plant modifications without obtaining required permits or installing modern pollution controls. The case with AEP is the largest and most comprehensive NSR enforcement case to have been brought and settled nationwide.
Louisiana DEQ Partners with Industry to Form Information Workgroup
The Louisiana Department of Environmental Quality (DEQ) has partnered with the Information Exchange Workgroup, which is a collaboration of Louisiana’s petroleum refining and chemical manufacturing industries. The workgroup was formed to provide information on environmental protection, identify the most common causes of upsets and malfunctions, provide expertise from industry leaders on efficiency measures, and facilitate the identification and sharing of best management practices and other strategies to minimize emissions. To date, 40 industries throughout Louisiana have participated in the workgroup by providing information via a confidential survey on industry practices.
“When we began working on the Information Exchange Workgroup, we were thinking 16 industry participants would be a good start,” said DEQ Secretary Peggy Hatch. “It is extra encouraging that we have 40 on board. Environmental education goes a long way in accident prevention and environmental improvements. When industry experts can share their experiences, both positive and negative, others can benefit. Already, we have heard of one industry sharing their experiences with equipment upgrades that led to environmental and cost- cutting success.”
The efforts conducted by DEQ’s permitting, surveillance and enforcement activities continue to result in improved air quality in Louisiana. For example, Baton Rouge, which was formerly designated as a severe ozone nonattainment area, is now in attainment with both the 1-hour and 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS). Further, sulfur dioxide concentrations in West Baton Rouge Parish are now compliant with the 1-hour sulfur dioxide NAAQS. Finally, emissions associated with unauthorized discharges, as reported to DEQ’s Emissions Reporting and Inventory Center, have decreased by 41% since 2008. The partnership between DEQ and the Information Exchange Workgroup is an effort to ensure this trend continues.
Triumvirate Environmental, Inc. Fined $17,250 for Hazardous Waste Management Violations
The Massachusetts Department of Environmental Protection (MassDEP) penalized Triumvirate Environmental (Merrimack), Inc., $17,250 for hazardous waste management violations found at the company’s hazardous waste treatment, storage, and disposal facility at 263 Howard Street in Lowell.
On September 21, 2011, a MassDEP inspection found: a double-stacked pallet of hazardous waste that was not stored in a safe manner, with the front of the top pallet suspended in the air and not supported; hazardous wastes that were deemed incompatible (e.g., ignitable) were stored in close proximity instead of having a physical separation such as a berm, a wall, or other protective device; quadruple-stacked five-gallon containers of hazardous waste, whereas the facility’s license allows for no more than triple-stacking for this type of container; and six hazardous waste containers that were not properly labeled.
“A facility that is licensed to transport, store and treat hazardous waste has a responsibility to ensure public safety and environmental protection,” said Eric Worrall, director of MassDEP’s Northeast Regional office in Wilmington. “Failure to maintain compliance within that facility is not acceptable given the potential for harm or damage.”
Triumvirate has initiated steps to return the facility to compliance and will pay $15,000 of the penalty within 30 days. MassDEP will suspend the remaining $2,250 provided the company has no further violations over the next year.
Pharmacia Corporation and Bayer CropScience Inc. Pay $4.25 Million Settlement for Restoring Natural Resources at Industri-Plex Superfund Site
Massachusetts and federal officials have received a $4.25 million settlement from the Pharmacia Corporation and Bayer CropScience Inc., for damages to natural resources at the Industri-plex Superfund site in Woburn, Massachusetts. Contaminants from this site significantly impacted resources in the Aberjona River and the surrounding watershed.
“With this settlement, we can fund a range of projects designed to restore the natural resources for all to enjoy,” said Energy and Environmental Affairs Secretary Rick Sullivan, who is the natural resources trustee for Massachusetts. “I encourage local residents and organizations to become engaged in the public process that will take place as we solicit, take comment on, and choose these projects in the months ahead.”
From the late 1850s to the 1960s, companies manufactured various products at the Industri-plex site, including sulfuric acid, arsenic insecticides, organic chemicals, munitions, and glue. Hazardous substances disposed there degraded the Aberjona River, as well as wetlands and the Mystic Lakes downstream. These habitats are used by a variety of wildlife, including fish, turtles, amphibians, and migratory birds such as great blue herons, black ducks, and kingfishers.
When toxic substances enter the environment and injure natural resources, federal and state environmental officials act as trustees for these resources. The natural resource trustees for the Industri-plex site are the US Department of the Interior, through the US Fish and Wildlife Service (Service), the National Oceanic and Atmospheric Administration (NOAA), and the Commonwealth of Massachusetts, through the Executive Office of Energy and Environmental Affairs and the Department of Environmental Protection (MassDEP). The agencies determined the extent of the injuries from the site and negotiated the $4.25 million settlement for damages.
“The US Fish and Wildlife Service looks forward to working with local communities to restore the Aberjona River to a cleaner, healthier environment for wildlife and people,” said Wendi Weber, the Service’s Northeast Regional Director.
“We plan on assisting in the restoration of a watershed that has undergone years of environmental abuse,” said Dr. Ken Finkelstein, NOAA’s North Atlantic regional natural resource trustee.
“Arsenic and chromium wastes from the Industri-plex site caused major environmental contamination to the Aberjona River and nearby wetlands, ponds and floodplain,” said MassDEP Commissioner Kenneth Kimmell. “Now, we have the funding and the technical expertise to bring this ecosystem back to vitality again.”
Restoration actions can be carried out where the contamination occurred or at other areas within the watershed. Funds can support land acquisition, habitat restoration, recreational or educational projects, or activities that restore or replace injured or lost natural resources. Potential projects include the creation of new wetlands and the restoration, enhancement, or protection of existing wetlands.
The trustees will begin developing a plan to use settlement funds for restoring injured resources. As part of this effort, there will be several opportunities for public involvement, starting with a public meeting to explain the settlement and describe the restoration planning process. The public will then have opportunities to submit restoration ideas, as well as comment on the draft plan. After public comment and review, the trustees will issue a final plan and begin implementing restoration projects.
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Trivia Question of the Week
About what percentage of US employees who use a PC leave their computers on overnight?
a. 20%
b. 35%
c. 55%
d. 70%
