“Administrator Lisa P. Jackson is committed to strengthening EPA’s chemicals management program and increasing the public’s access to chemical information,” said Jim Jones, acting assistant administrator for EPA’s Office of Chemical Safety and Pollution Prevention. “The agency is also committed to reducing reporting burdens and paper-based reporting in favor of electronic reporting. These measures will streamline the reporting process and reduce the administrative costs.”
This proposed rule would require electronic reporting rather than paper-based reporting for various TSCA actions including submission of information relating to chemical testing, health and safety studies, and other information. When final, EPA will only accept data, reports, and other information submitted through EPA’s Central Data Exchange, a centralized portal that enables streamlined, electronic submission of data via the Internet. The agency will be soliciting comments on this proposed rule for 60 days.
Over the coming months, the agency will offer a number of opportunities for potential users to become familiar with the new requirements. These opportunities will include an initial webinar to introduce the web-based electronic reporting tool, follow-up webinars and testing of specific applications, and opportunities for submitters and others to provide feedback to the agency on their experiences using the tool before its release.
St. Louis RCRA and DOT Training
Charlotte DOT/RCRA Update Training and SARA Title III Workshop
Cary 40-Hour and 24-Hour HAZWOPER Training
How to Prepare for OSHA’s Globally Harmonized Hazard Communication Standard (GHS)
- April 17
- May 18
- June 26
- July 18
- August 15
- October 2
EPA Sends Letter to States Outlining Next Steps for SO2 Implementation
EPA Assistant Administrator Gina McCarthy sent a letter to states outlining the agency’s plans for moving forward with implementation of the 1-hour sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS). As detailed in the letter, EPA plans to: 1) move forward with the current designations process as soon as possible; 2) initiate stakeholder outreach in the near future to ask for input on monitoring, modeling, and implementation issues, particularly for unclassifiable areas; and 3) no longer expect states’ June 2013 State Implementation Plan (SIP) submittal to contain modeling demonstrations showing attainment of the standard in unclassifiable areas. EPA recommends that states instead focus their June 2013 SIP submittal on traditional infrastructure elements contained in Clean Air Act (CAA) sections 110(a)(1) and (2). Information regarding the planned stakeholder meetings will be available on EPA’s website soon.
Clean Air Groups Pressure Pennsylvania to Keep Coal Plant Permits Up-to-Date
Pennsylvania conservation and clean air groups recently filed an appeal with the Pennsylvania Environmental Hearing Board, to force the state’s Department of Environmental Protection (DEP) to renew overdue air quality permits for coal plants across Pennsylvania.
In Pennsylvania, the Title V program as it applies to coal plants has been stalled for several years. The action seeks to force the state to issue new, tougher permits for the coal plants that will reduce air pollution. As things stand, coal plants are free to pollute the air that Pennsylvanians rely on for good health.
“The state of Pennsylvania is letting highly polluting coal-fired power plants off the hook from controlling their pollution, and it’s being dumped on the rest of us instead of being contained and controlled,” said Earthjustice attorney Charles McPhedran, who is representing the groups. “The state’s inaction presents a great threat to the health of Pennsylvanians and neighboring states. That’s why we’re acting to get the state to step in and regulate the pollution.”
Major sources of air pollution must obtain Title V permits [under Title V of the Clean Air Act (CAA) and the Pennsylvania Air Pollution Control Act] authorizing their operation. These permits serve as an invaluable tool for citizens seeking to understand plant operations and the often complex interplay of regulatory requirements that protect the public health. Air pollution requirements may be enforced by government and citizens alike, and the timely issuance of Title V permits provides an opportunity for citizens to be heard regarding ongoing pollution issues—and even to petition the US EPA to object to a permit that is inadequately protective.
“By sitting on applications for the renewal of air quality permits, DEP is not only allowing facilities to escape important pollution control and monitoring requirements,” said Zachary Fabish, an attorney for the Sierra Club. “Just as important, DEP’s inaction denies citizens the right to be heard and the right to enforce up-to-date permit terms.”
Title V permits are generally valid for five years, at which point they must be renewed to incorporate any new regulations. Sources must apply for permit renewal from six to eighteen months in advance of their current permit expiration. By law, DEP must then act on applications within 18 months of submission of a complete application. Proposed Title V permits are also published for public comment in the Pennsylvania Bulletin, offering the public meaningful notice and an opportunity to be heard.
In Pennsylvania, the Title V program as it applies to coal plants has been stalled for several years, and applications by many large coal-fired power plants are languishing at Pennsylvania DEP. In fact, some applications for coal-fired power plants are pending for five years or more at the agency.
“The ongoing failure of the DEP to renew Title V operating permits for coal plants negates any meaningful public participation,” said David Masur, Executive Director, PennEnvironment. “Their failure deprives Pennsylvanians of the opportunity to provide written comments and to offer testimony at public hearings.”
“Alarmingly, as a result of the delay, many of these plants with outdated permits are violating compliance with important new rules like the 1-hour National Ambient Air Quality Standard (NAAQS) for sulfur dioxide,” said Joe Minott, Executive Director, Clean Air Council. “The bottom line is that Pennsylvanian’s deserve nothing less than to have all coal plants in the state following the newest regulatory requirements that are in the best interest of their health.”
The appeal was prepared and filed by public interest law firm Earthjustice, on behalf of the Sierra Club, Clean Air Council, and PennEnvironment.
SF International Develops First North American Protocol for Service Providers Seeking to Demonstrate their Commitment to Earth Friendly Services
NSF International, an independent global organization that writes public health and environmental standards for the food, water, and consumer goods industries, can now certify service providers in a multitude of industries to North America’s first sustainability assessment protocol—NSF P391: General Sustainability Assessment Criteria for Services and Service Providers. Organizations certified to the protocol will be able to differentiate their services and achieve preferred vendor status with companies and organizations seeking more sustainable operating solutions, including government agencies (local, state, and federal) and others seeking to comply with US Executive Order 13514.
The NCSS has also developed sustainability standards through this consensus-based process for a wide range of product categories, including chemicals, commercial furnishings, flooring, building products and materials, and water treatment and distribution systems.
Organizations that earn NSF P391 certification are well positioned to compete for contracts with governments (local, state and federal) and companies seeking more sustainable services. Organizations expressing interest in earning certification include environmental consulting firms, building contractors, engineering firms, maintenance contractors, and installation companies.
“As a protocol that is applicable to all service provider types and sectors, NSF P391 could be used to support our customers by identifying services that comply with E.O. 13514,” said Brennan M. Conaway, Procurement Analyst for the Program Analysis Division of the US General Services Administration.
“The NSF 391 protocol is the first in the industry to help define what constitutes more sustainable services,” said Tom Bruursema, General Manager of NSF’s Sustainability Division. “The criteria in this protocol helps service organizations assess their internal practices, drive efficiencies and attain preferred status in their markets by achieving more sustainable operational practices.”
NSF Sustainability helps companies develop standardized, objective methods of measuring sustainability that instill marketplace confidence and promote acceptance of more sustainable products and services.
Based on life cycle assessment and sustainability principles that measure the environmental and societal impacts of an operation, NSF P391 evaluates the sustainability of a service provider in three key areas:
- Environment impact – energy use and greenhouse gas (GHG) emissions
- Labor impact – health and safety, employment practices
- Social responsibility impact – community assessment
Organizations can earn NSF P391 certification at the Conformant, Silver, Gold, or Platinum level. Once certified, service providers are authorized to use the NSF Sustainability Certified Mark in their advertising and marketing, helping quickly communicate their credibility as a sustainable services provider to government agencies and prospective customers. Monitoring and periodic reevaluation is required to maintain certification.
Waste Management’s Carl Rush Sees Gold in Trash
While Waste Management CEO David Steiner was speaking with the Wall Street Journal about the future of waste, his lieutenant, Carl Rush spoke to Bloomberg News about the future of waste conversion. Rush, who is senior vice president of Waste Management’s Organic Growth unit, estimated the value of waste currently being landfilled by the company to be worth more than $40 billion, if reclaimed or harnessed for energy. He said the company landfills about 82% of the 112 million tons of waste it collects. “We don’t think the future, long term, is going to be continuing to put everything in the landfill,” Rush said. “It’s going to be recovering more value from this material. The customers will demand it, the struggle for resources will demand it, and quite honestly, economically, it’s the thing we should be doing.”
Since 2009, Waste Management has bought stakes in eight companies that gasify, ferment, or digest waste, turning it into a source of heat, power, fuel, and specialty chemicals. For example the company has invested in Bend, Oregon-based InEnTec which is commercializing plasma arc gasification of wastes into synthesis gas (syngas) that can then be converted into fuel, burned for energy, or turned into chemicals. It also has a sizable investment in Montreal, Canada-based Enerkem which is developing gasification plants in Alberta and Mississippi. More recently the company has pushed into organics waste technologies with its investments in Harvest Power and Garick LLC.
Of course, Waste Management already produces energy from waste, by incinerating it to make electricity at 17 waste-to-energy plants under its Wheelabrator Division, or by capturing and burning methane from its 131 landfill gas-to-energy projects. The landfill gas is also being used to fuel some of its collection vehicles. A venture with Linde North America is producing liquefied natural gas at the Altamont Landfill near Livermore, California. Company ventures with Terrabon and Valero also seek to commercialize liquid transportation fuel from organic waste.
Rush says the Organic Growth Group is organized into four areas: renewable energy, materials technology, which explores ways to convert components of the waste stream into higher value products, recycling technologies to increase diversion, and brand management as a means to drive business. He points out that the 30-50 million tons of organics waste out of 160 million tons collected represents an important sub-market and key opportunity.
With waning landfill space that is becoming more expensive, and with rising energy prices which is also raising the price of commodity materials, conversion technologies are bound to play an increasingly important role in the future. About 7.1% of the company’s waste was burned to make electricity last year and it recycled 12 million tons of garbage worth $1.58 billion in revenue. The entire stream, if recycled, would generate about $12 billion a year, Rush estimated. “Based on a typical tipping fee,” the returns from selling fuel and chemicals made from garbage are “pretty attractive,” he said.
California Report Finds Toxic Chemicals in “Toxic-Free” Beauty Products
The California Department of Toxic Substances Control (DTSC) released a study that reveals an unattractive side of the beauty industry, showing that many nail care products contain toxic chemicals even though their labels claim otherwise.
DTSC scientists have discovered that despite claims to be free of one or more of the “toxic-trio” ingredients—toluene, formaldehyde, and dibutyl phthalate (DBP)—some nail care products sold in Northern California contain high levels of toluene and DBP. Chronic or extended exposure to these chemicals has been associated with birth defects, asthma, and other chronic health conditions.
DTSC’s findings are especially critical for California’s estimated 121,000 licensed nail care technicians. Most are young Asian-American women, exposed daily in poorly ventilated salons to a variety of chemicals. California has an estimated 48,000 nail salons.
“Thousands of women and young girls buy these particular brands believing that they are safe,” said DTSC Director Debbie Raphael. “Our study shows there is a failure of some manufacturers to know what is in their products, and a failure to accurately state what is in them. These chemicals are present, sometimes in high quantities. This is a distressing pattern that we wish to highlight and work to address.”
Laboratory testing conducted on behalf of DTSC shows that consumers, nail care salons, and cosmetology schools cannot rely on the “toxic-free” claims made by many nail care products.
DTSC sampled 25 nail care products from six Bay Area locations. Twelve products claimed to be free of at least one “toxic-trio” chemical. However, 10 of the 12 products contained toluene, and four of the 12 contained DBP. Some of the “toxic-free” products actually contained higher levels of DBP or toluene than products which made no toxic-free claims.
“We are alarmed by the results of this report,” said Julia Liou, co-founder of the California Healthy Nail Salon Collaborative and a public health administrator for Asian Health Services. “This is a clear signal that cosmetic manufacturers need to be held accountable for their actions. The misbranding of products is not only a major public health problem, but also interferes with a salon worker’s right to a safe and healthy work environment.
“Women want to make informed choices, so it is disturbing to see that manufacturers are misrepresenting their products with false labeling claims. Obviously, it’s possible to make nail polish without these toxins, and that’s what all companies should be doing,” said Lisa Archer, national director of the Campaign for Safe Cosmetics.
“Manufacturers that don’t get it right are putting those that do in a bad light,” said Raphael. “Manufacturers must ask themselves a basic question: ‘Is it necessary to make nail care products with these ingredients?’ Asking that question is a primary goal of DTSC’s Safer Consumer Products Regulations,” Raphael said. The regulations, scheduled to go into effect in 2012, are an effort to make selected product manufacturers analyze alternatives to toxic ingredients in their products. DTSC aims to start with a small number of consumer products and promote a larger shift in the marketplace to less toxic products.
“We thank DTSC for its revealing research. This report highlights the difficulties that salon owners and consumers face in identifying safer products,” said Melanie Nutter, Director of San Francisco’s Department of the Environment. “Understanding these challenges, San Francisco has launched the Healthy Nail Salon program to train workers and recognize nail salons that choose safer products and practices. We are committed to ensuring that nail salon workers and consumers are protected when using nail products.”
DTSC conducted the survey in conjunction with legislation and regulations by the City and County of San Francisco to formally recognize nail care salons that use safer nail products.
Three Arrested for Illegal Disposal of Low-Level Radioactive Material
Three individuals were arrested recently in connection with the illegal disposal of low-level radioactive material in the Town of Halfmoon, New York, the New York State Department of Environmental Conservation (DEC) announced.
Arrested and charged with one count each of illegally disposing radioactive material (6NYCRR 380-4(1) and one count each of Operating a Solid Waste Management Facility without a Permit (ECL 27-0707(1), were: Edward Kenelly, of 7F Tupelo Dr. Clifton Park, NY; Arthur Martin, of 257 Thimbleberry Rd. Malta, NY; Steven Pieniazek, of 67 Jack Halloran Road Stillwater, NY.
The charges are violations, punishable by up to 15 days in jail and/or a minimum fine of $1,500 and a maximum fine of $15,000 per day of violation on each count.
“The improper disposal of radioactive material is unacceptable, poses unnecessary risks to human health and the environment, and will not be tolerated,” said DEC Commissioner Joe Martens. “Fortunately, in this case, a successful and collaborative effort between state, local and federal agencies ensured the material was properly removed and never posed a threat to the public.”
On February 15, an anonymous tip was called into DEC’s Ray Brook Dispatch Center notifying officials that radioactive material was buried and cemented into the basement floor of 7F Tupelo Drive in the Town of Halfmoon. DEC Environmental Conservation Officers initially responded to the location to investigate the allegation. Staff from DEC’s Radiation Program, the state Department of Health’s Bureau of Environmental Radiation Protection and Saratoga County Emergency Management also responded.
On March 8, investigators from the Division of Law Enforcement’s Bureau of Environmental Crimes Investigations Unit (BECI), with assistance from DOH and the EPA executed a search warrant at Mr. Kenelly’s residence. The radioactive source was removed, examined, and transported to a secure storage location.
A subsequent investigation by DEC revealed the source to be a low-level calibration source from Mary McClellan Hospital in Cambridge, before the facility closed in 2003. Mr. Kenelly, a private contractor licensed to calibrate and test radiological equipment, offered to take the source from the hospital to expedite its closing. He kept it at his residence, and in July 2011, he hired Martin and Pieniazek to bury the source in the basement of his townhome.
DOH and DEC tested the residence and area for radiation levels and found no immediate health threats to the property owner or neighbors. The initial radiation level taken on the floor above the source was approximately 20 microrems per hour. A microrem is 1/1000 of a millirem, a standard used to measure potential exposure levels. The source reading equates to 0.02 millirems. By comparison, a normal chest x-ray is 10 millirems. Using these measurements, a person would have to lay directly on the spot continuously for about 500 hours (21 days) to receive a dosage equivalent to a chest x-ray.
All three subjects were arraigned in Halfmoon Town Court, pled not guilty and were released without bail. Their next court appearance is May 8 in Halfmoon Town Court.
US Virgin Islands Health Department Fined for Long Term Mismanagement of Chemicals and Pesticides
The EPA has found that the US Virgin Islands (USVI) Department of Health violated federal law governing the handling and storage of hazardous waste at two of its facilities and has fined the agency $68,000 for the violations. EPA inspections at the facilities, the Old Municipal Facility in Charlotte Amalie, St. Thomas; and 3500 Estate Richmond, Christiansted in St. Croix, found unlabeled and decaying containers of chemicals and pesticides on the properties. Many of the containers spilled and the USVI Department of Health failed to properly identify what types of waste were being stored. In some instances, the hazardous chemicals had been kept on-site for over ten years in a state of neglect and decay. Among the hundreds of hazardous chemicals on-site were pyrethrin (a neurotoxin), chlorpyrifos (an insecticide), and calcium hypochlorite (a bleach)—all of which are toxic. Federal environmental law requires hazardous chemicals to be stored, handled, and disposed of properly to safeguard public health and the environment.
Pesticides and insecticides are intended to harm or kill pests and are toxic by design. They can be very harmful to people’s health depending on the toxicity of the pesticide and the level of exposure. Pesticides have been linked to various forms of illnesses in humans, ranging from skin and eye irritation to cancer. Some pesticides may also affect the hormone or endocrine systems. All chemicals should be handled properly to protect people’s health.
“Pesticides are chemicals that must be handled and stored carefully and properly to protect the health of workers and the people who live near the facilities,” said Judith A. Enck, EPA Regional Administrator. “In this case, the USVI Department of Health repeatedly violated federal hazardous waste laws. Government, especially a health agency, should lead by example and ensure that pesticides and chemicals are properly handled.”
The Department of Health stores pesticide products to be used in the event of an outbreak of infectious disease. Among the violations, the Department of Health failed to determine which substances should be considered hazardous waste, as required by law, to ensure that they are managed properly. Correctly determining whether a waste meets the definition of hazardous waste is essential to determining how the waste must be managed. The Department of Health also failed to maintain and operate its facilities in a manner that minimized the possibility of a fire, explosion or accidental release of chemicals.
In 1998, the Department of Health asked the EPA for help in removing and properly disposing of outdated chemical products stored in one of its chemical storage buildings at the Old Municipal Facility in Charlotte Amalie, St. Thomas. The EPA responded, removed and properly disposed of the outdated chemicals and pesticides. Over 850 gallons of liquid pesticides and over 1,700 lb of solid pesticides were removed by the EPA. Subsequently, the EPA strongly recommended that the Department of Health develop and follow pesticide storage and handling regulations to avoid a repeat of the environmental hazard.
In 2008, the EPA conducted an inspection of the St. Thomas facility and also visited 3500 Estate Richmond in St. Croix. Once again, the EPA observed conditions of neglect and sloppy practices. Pesticide products were abandoned and had spilled throughout the facilities. The EPA reiterated the need for the development of and adherence to a pesticide storage and handling program.
On September 30, 2010, the EPA ordered the Department of Health to institute a program to properly manage and dispose of pesticide products. Since the initial order, the department has properly removed all outdated chemicals, conducted an inventory of the remaining chemicals, properly stored them and created a pesticide storage and handling program. The EPA conducted follow-up inspections in 2011 and confirmed that the remaining chemicals were properly stored. In March 2012, the EPA issued its final order in this case, requiring the Department of Health to pay a $68,000 penalty.
School Bus Company to Implement Anti-Idling Program and Pay Penalties under the Clean Air Act
As part of a settlement for alleged excessive diesel idling in Connecticut, Massachusetts, and Rhode Island, Durham School Services will commit to reduce idling from its school bus fleet of 13,900 buses operating in 30 states. The anti-idling project is the result of an EPA New England enforcement action to address excessive school bus idling and reduce school children’s exposure to diesel pollution.
Durham School Services will pay a $90,000 penalty and perform environmental projects valued at $348,000.
In fall 2010, an EPA inspector observed Durham school buses idling for extended periods of time in school bus lots in Storrs, Connecticut; Worcester, Massachusetts; and Johnston, Rhode Island. The inspector observed some buses idling for close to two hours before departing the bus lot to pick up school children. The state idling regulations in question, which are enforceable by EPA, generally limit idling in Connecticut to three minutes and in Massachusetts and Rhode Island to five minutes.
Under the settlement, Durham will implement a national training and management program to prevent excessive idling from its entire fleet of school buses. Through this program, Durham will train its drivers to comply with state and local anti-idling regulations and to avoid excessive idling. Durham will require supervisors to monitor idling in school bus lots, post anti-idling signs in areas where drivers congregate, and notify the school districts it serves of its anti-idling policy.
In addition, Durham will replace 30 older school buses (model years 1999 and 2000) with new buses that are equipped with state-of-the-art pollution controls.
“Pollution from diesel vehicles is a serious health concern in New England and across the country,” said Curt Spalding, regional administrator of EPA’s New England office. “Children, especially those suffering from asthma or other respiratory ailments, are particularly vulnerable to diesel exhaust. EPA is pleased with this settlement, which will dramatically limit school bus idling and help protect the health of school children in dozens of communities across the country.”
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, school children riding on the buses, facility workers, neighbors, and bystanders are all vulnerable.
Idling school buses consume about one-half gallon of fuel per hour. By reducing the idling time of each bus in its fleet by one hour per day, Durham would reduce its fuel use by 1.25 million gallons per year and avoid emitting 28 million lb of carbon dioxide per year. Carbon dioxide is a greenhouse gas (GHG) that contributes to climate change.
In a separate but related action, EPA recently issued a CAA Notice of Violation for Ocean State Transit, LLC and STA of Connecticut, Inc., which operate fleets of school buses at a number of different locations in Rhode Island and Connecticut. The violations cited in the EPA Notice of Violation occurred at Ocean State’s locations in East Greenwich and South Kingstown, Rhode Island, and at STA of Connecticut’s locations in Danbury, Naugatuck, Higganum, Stamford, and Groton, Connecticut.
Holcim, Inc. Fined $36,500 Penalty for Clean Water Act Violations
The US EPA has entered into a Combined Complaint and Consent Agreement (CCCA) with Holcim, Inc., (Holcim) in response to alleged violations of the Clean Water Act (CWA) at its limestone and silica quarry and Portland cement plant located in Florence, Colorado.
EPA alleges that Holcim had unauthorized ground water discharges at the facility, failed to comply with sampling requirements, failed to comply with inspection requirements, and failed to develop an adequate stormwater management plan for its operations, in violation of its permit and the CWA. As a result, Holcim has agreed to pay a penalty of $36,500.
“Pollutants from industrial activities are a major water quality issue in our Nation’s waterways, said Mike Gaydosh, EPA’s Enforcement Director in Denver. “It is the responsibility of businesses to ensure that they have the proper permits in place to conduct business and that they are operating in compliance with those permits.”
Holcim’s facility lies adjacent to the Arkansas River and Bear Creek, which is a tributary to Arkansas River. At the time of the EPA’s inspection on January 21, 2009, the Portland cement plant had been discharging ground water without a permit since 2006 into the Arkansas River and since 2007 into Bear Creek. During the inspection, it was observed that the plant’s storm water management plan did not comply with their permit requirements. Inspectors also found sampling, analysis, and inspections were not being completed or were not completed in compliance with the facility’s storm water permit.
Stormwater runoff is generated when precipitation from rain and snowmelt events flows over land or impervious surfaces. This runoff accumulates debris, chemicals, sediment, or other pollutants that could adversely affect water quality if unchecked and untreated. The primary method to control stormwater discharges is the use of best management practices that prevent and hold runoff. Most stormwater discharges require coverage under a CWA permit.
Landlords Face Fines for Failing to Notify Tenants about Lead Paint
The owners of rental properties in Bridgeport, Connecticut, as well as South Boston, Roxbury, and Dorchester, Massachusetts, face EPA penalties for violating federal lead paint disclosure rules. In both cases, these violations potentially put tenants at risk of exposure to lead hazards.
According to a complaint filed by EPA’s New England office, Juan Hernandez allegedly violated lead-based paint disclosure requirements seven times when he rented apartment units in Bridgeport, Connecticut, between 2008 and 2010. Mr. Hernandez faces an EPA penalty of up to $127,150 for violating federal lead paint disclosure rules. During the time period relevant to EPA’s investigation, all of the apartment buildings owned by Mr. Hernandez were located in potential environmental justice areas.
In a separate EPA complaint, Edward Franco, owner of El Paso Management, and its affiliates allegedly violated lead-based paint disclosure requirements when they rented apartment units three times in South Boston, Roxbury, and Dorchester in 2009. Most of the tenants involved in this case live in low income and/or minority areas.
Both parties are charged with failing to give tenants required lead hazard information pamphlets, failing to include lead warning statements in leases, failing to disclose any known lead-based paint or lead-based paint hazards, and/or failing to provide records or reports pertaining to lead-based paint or lead-based paint hazards.
Federal lead disclosure rules are meant to give tenants adequate information about the risks associated with lead paint so that they can make informed decisions before signing a lease contract. Property owners leasing housing built before 1978 are required to provide the following information to tenants: the EPA-approved lead hazard information pamphlet, Protect Your Family from Lead in Your Home; a lead warning statement; statements disclosing any known lead-based paint and/or lead-based paint hazards; and copies of all available records or reports regarding lead-based paint and lead-based paint hazards. This information must be provided to tenants before they enter into leases.
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.
EXCO Resources to Pay Penalty for Safe Drinking Water Act Violations
The EPA announced a settlement with EXCO Resources (PA), LLC (EXCO) for violations of the federal law designed to protect underground sources of drinking water. The violations occurred at the company’s brine disposal well located at Brady Field in Bell Township, Pennsylvania.
Under the terms of the Consent Agreement with EPA, EXCO is required to pay a civil penalty of $159,624 and comply with the conditions of its underground injection control permit. The company must also rework the well in accordance with an EPA-approved plan to comply with federal mechanical integrity standards for brine disposal wells, which require multiple levels of protection to prevent contamination of underground sources of drinking water.
According to information provided by the company in response to a September 2011 information request from EPA, the disposal well failed mechanical integrity sometime in early April 2011. The company failed to notify EPA in a timely manner as required by law, and continued to inject brine into the well through August 2011.
The agreement resolved violations of federal Underground Injection Control (UIC) regulations issued under the Safe Drinking Water Act. The order was finalized on March 30, following a 40 day public comment period.
As part of the settlement, EXCO has begun reworking the well following approval of the plan by EPA. EPA technical staff has been actively working with the company to address the violations, and to ensure that the company is taking proper measures to rework the well.
ST Products to Pay $75,000 Penalty for Clean Water Act Violations
The EPA announced a settlement with ST Products resolving alleged Clean Water Act (CWA) violations at the company’s metal tube fabrication facility in Duncansville, Pennsylvania.
ST Products agreed to pay a $75,000 penalty for allegedly exceeding permit limits when discharging industrial wastewater pollutants to the wastewater treatment plant operated by the Borough of Hollidaysburg (BOH) in Frankston Township, Pennsylvania. The BOH wastewater treatment plant discharges treated wastewater to the Juniata River which flows into the Susquehanna and ultimately the Chesapeake Bay.
EPA’s complaint alleged that ST Products exceeded its pretreatment permit discharge limits for the pollutants oil and grease, zinc, lead, and copper over a 34-month period. As part of the settlement, ST Products did not admit liability for the alleged violations, but has certified that it is now in compliance with applicable CWA requirements.
The CWA requires companies discharging pollutants to Publicly Owned Treatment Works (POTWs) to obtain a permit from the POTW limiting the amount of pollution that may be discharged to the plant. This usually requires some type of pretreatment by the discharging facility.
Under a pretreatment permit, limits for pollutants are established in order to prevent impairment of waterways, either as a result of pollutants passing through the POTW, or interference with the functioning of the treatment plant.
Chicago Owners and Management Companies Fined, Forced to Abate Lead-Based Paint
The US Department of Housing and Urban Development (HUD) and the EPA announced a settlement with Wilmette Real Estate & Management Company, LLC; WR Property Management, LLC; 14 affiliated limited liability companies and Mr. Cameel Halim in Chicago and Evanston, Illinois.
According to HUD and EPA, these owners and management companies in Chicago and Evanston violated the federal Residential Lead-Based Paint Hazard Reduction Act (Residential Lead Act) and implementing regulations (Lead Disclosure Rule) by failing to properly inform some tenants that their pre-1978 homes may contain potentially dangerous levels of lead. The City of Chicago Department of Public Health issued lead abatement notices for approximately 22 properties owned or managed by the companies.
As a result of the settlement, Mr. Halim and the 16 limited liability companies will replace windows or abate lead-based paint from the windows in 14 buildings containing 463 units, and abate friction and impact porch surfaces and stabilize deteriorating lead-based paint on remaining porch surfaces in 10 buildings, within five years. In addition to the estimated $2.3 million of window replacement/abatement and porch remediation work, Mr. Halim and the companies will also pay a $125,000 civil monetary penalty.
“Ensuring that families have the right information so that they can make decisions on protecting their children’s health is important to HUD,” said Jon L. Gant, Director of HUD’s Office of Healthy Homes and Lead Hazard Control. “This settlement sends a message to landlords of pre-1978 housing across the country that they make sure to properly disclose the required lead information to the families they rent to.”
“Through these enforcement actions, EPA is sending a clear message to landlords and property managers that protecting children from exposure to lead-based paint is one of our highest priorities,” EPA Region 5 Administrator Susan Hedman said.
Man Convicted for Illegal Oil Dumping
Maryland Attorney General Douglas F. Gansler announced that James Darnell Conway, of Hurlock, was convicted in Dorchester County District Court on the charge of illegal discharge of oil. Judge John L. Norton, III gave Conway a six-month suspended sentence, placed him on two year’s probation and ordered him to pay $2,864 in fines and restitution. The Attorney General’s Environmental Crimes Unit prosecuted the case.
“Dumping hazardous substances shows a lack of regard for our environment by endangering the water we use every day and threatening the plant and marine life that require clean water to thrive,” said Attorney General Gansler. “This office will continue to hold accountable those who ignore the laws that protect our important natural resources.”
On October 30, 2011, Maryland State Police observed Conway walking from his driveway across the road to a ditch, carrying a pan and pouring its contents in the ditch. Upon closer examination, the MSP trooper noted that a significant amount of oil had been dumped into the ditch. Conway admitted that he had discarded used motor oil into the ditch. Ditches and storm drains flow into state waterways, creating hazards to plant and marine life, as well as having a significant impact on the region’s waterfowl.
Jackson Iron and Steel Co. Property Cleared for Redevelopment
Another Brownfield is ready for redevelopment after undergoing an investigation and remediation through Ohio EPA’s Voluntary Action Program (VAP).
Ohio EPA has issued a covenant not to sue for the approximately 57-acre former Jackson Iron and Steel Company (JISCO) property located on SR 776 in Jackson, Ohio. The company operated a steel mill on the site from 1900 to 1969. Most structures were demolished in the 1980s, and the property has been largely unused since the steel mill closed.
Jackson County now owns the property. The commissioners have identified its commercial or industrial redevelopment potential as high due to an active rail line running through the site.
Issuance of the covenant completes the commissioners’ participation in the VAP. By entering the VAP, the commissioners assumed responsibility for remediating the property. Following standards developed by Ohio EPA, the commissioners hired a certified environmental professional to assess the site, identify any areas of concern, and remediate any contamination on the property to a level that allows for commercial and industrial redevelopment. The county received more than $2 million in Clean Ohio grants for assessment and redevelopment work at the site.
The investigation identified several areas of the property that contained high levels of volatile organic compounds, semi-volatile organic compounds, polychlorinated biphenyls (PCBs), metals, and total petroleum hydrocarbons. The remediation included excavating approximately 2,000 tons of soil contaminated with lead and 47 tons of soil contaminated with PCBs; removing 7,800 tons of asbestos-containing materials from buildings prior to demolition; and establishing an environmental covenant to limit use of the property.
A covenant not to sue protects the property’s owners or operators and future owners from being legally responsible to the State of Ohio for further environmental investigation and remediation. This protection applies only when the property is used and maintained in accordance with the terms and conditions of the covenant.
In the 16 years since Ohio EPA issued the first covenant under VAP, nearly 7,000 acres of blighted land have been revitalized at more than 350 sites across the state.
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Trivia Question of the Week
If all the oil from American do-it-yourself oil changers were recycled, it would provide oil for how many cars for one year?
a. 5,000
b. 50,000
c. 5 million
d. 50 million