These proposed changes, if finalized, would for example:
- Clarify certain regulatory requirements, such as whether compliance is based on a value calculated as a block average from recorded data.
- Provide greater flexibility to certain facilities for which the current compliance requirements are impractical, such as increasing the time between tune-ups for seasonally operated boilers.
- Correct certain rule drafting or printing errors, such as correcting cross references among rule sections, removing paragraphs that are no longer relevant, or correcting the placement of text in a table.
The publication in the Federal Register commences the 60-day public comment period, which expires on February 21, 2012.
Save 50% on Environmental and Safety Handbooks
Purchase any of the following Environmental Resource Center Handbooks and receive 50% off the original price. Purchase online using coupon code, books11, or call customer service at 800-537-2372. This offer is only available through December 31. Order now and you'll receive both a printed handbook and a CD of each volume that you buy.
Cary, North Carolina 24-Hr and 40-Hr HAZWOPER Courses
Cleveland, Ohio RCRA and DOT Training
RCRA, DOT, IATA/IMO and SARA Title III Training Coming to Raleigh, North Carolina Area
Safety Consultant/Trainer
Environmental Resource Center has a new opening for a safety consultant and auditor. We are looking for a former OSHA CSHO, OSHA trainer, or state inspector for this position in our Cary, North Carolina, office. Applicants should have excellent writing and speaking skills and be willing to travel 7–14 days per month. We are looking for an expert in all of the General Industry and Construction standards who is capable of performing audits of industrial facilities as well as conducting on-site training.
Strong consideration will be given to applicants who also have experience providing HAZWOPER, Hazcom, lockout/tagout, confined spaces, and machine guarding training.
The position includes maintenance of training materials (books and presentations), working on consulting projects, development of classes and computer-based training programs, and ensuring customer satisfaction.
How to Author GHS Safety Data Sheets
OSHA is adopting the new Globally Harmonized System (GHS) for the classification and labeling of hazardous chemicals. A cornerstone of GHS is the adoption of a completely revised Safety Data Sheet (SDS).
- January 27, 2012
- February 29, 2012
How to Label Hazardous Chemicals Using OSHA’s New GHS Hazcom Standard
Workplace and supplier hazard communication labels are being reinvented as OSHA adopts the new Globally Harmonized System (GHS) for labeling hazardous chemicals.
- February 3, 2012
- March 1, 2012
EPA Issues National Standards for Mercury Pollution from Power Plants
The standards will slash emissions of these dangerous pollutants by relying on widely available, proven pollution controls that are already in use at more than half of the nation’s coal-fired power plants.
EPA estimates that the new safeguards will prevent as many as 11,000 premature deaths and 4,700 heart attacks a year. The standards will also help America’s children grow up healthier—preventing 130,000 cases of childhood asthma symptoms and about 6,300 fewer cases of acute bronchitis among children each year.
“By cutting emissions that are linked to developmental disorders and respiratory illnesses like asthma, these standards represent a major victory for clean air and public health—and especially for the health of our children. With these standards that were two decades in the making, EPA is rounding out a year of incredible progress on clean air in America with another action that will benefit the American people for years to come,” said EPA Administrator Lisa P. Jackson. “The Mercury and Air Toxics Standards will protect millions of families and children from harmful and costly air pollution and provide the American people with health benefits that far outweigh the costs of compliance.”
“Since toxic air pollution from power plants can make people sick and cut lives short, the new Mercury and Air Toxics Standards are a huge victory for public health,” said Albert A. Rizzo, MD, national volunteer chair of the American Lung Association, and pulmonary and critical care physician in Newark, Delaware. “The Lung Association expects all oil and coal-fired power plants to act now to protect all Americans, especially our children, from the health risks imposed by these dangerous air pollutants.”
More than 20 years ago, a bipartisan Congress passed the 1990 Clean Air Act Amendments and mandated that EPA require control of toxic air pollutants including mercury. To meet this requirement, EPA worked extensively with stakeholders, including industry, to minimize cost and maximize flexibilities in these final standards. There were more than 900,000 public comments that helped inform the final standards. Part of this feedback encouraged EPA to ensure the standards focused on readily available and widely deployed pollution control technologies, that are not only manufactured by companies in the US, but also support short-term and long-term jobs. EPA estimates that manufacturing, engineering, installing, and maintaining the pollution controls to meet these standards will provide employment for thousands, potentially including 46,000 short-term construction jobs and 8,000 long-term utility jobs.
Power plants are the largest remaining source of several toxic air pollutants, including mercury, arsenic, cyanide, and a range of other dangerous pollutants, and are responsible for half of the mercury and over 75% of the acid gas emissions in the US. Today, more than half of all coal-fired power plants already deploy pollution control technologies that will help them meet these achievable standards. Once final, these standards will level the playing field by ensuring the remaining plants—about 40% of all coal fired power plants—take similar steps to decrease dangerous pollutants.
As part of the commitment to maximize flexibilities under the law, the standards are accompanied by a Presidential Memorandum that directs EPA to use tools provided in the Clean Air Act to implement the Mercury and Air Toxics Standards in a cost-effective manner that ensures electric reliability. For example, under these standards, EPA is not only providing the standard three years for compliance, but also encouraging permitting authorities to make a fourth year broadly available for technology installations, and if still more time is needed, providing a well-defined pathway to address any localized reliability problems should they arise.
Mercury has been shown to harm the nervous systems of children exposed in the womb, impairing thinking, learning, and early development, and other pollutants that will be reduced by these standards can cause cancer, premature death, heart disease, and asthma.
The Mercury and Air Toxics Standards, which are being issued in response to a court deadline, are in keeping with President Obama’s Executive Order on regulatory reform. They are based on the latest data and provide industry significant flexibility in implementation through a phased-in approach and use of already existing technologies.
The standards also ensure that public health and economic benefits far outweigh costs of implementation. EPA estimates that for every dollar spent to reduce pollution from power plants, the American public will see up to $9 in health benefits. The total health and economic benefits of this standard are estimated to be as much as $90 billion annually.
The Mercury and Air Toxics Standards and the final Cross-State Air Pollution Rule, which was issued earlier this year, are the most significant steps to clean up pollution from power plant smokestacks since the Acid Rain Program of the 1990s.
Combined, the two rules are estimated to prevent up to 46,000 premature deaths, 540,000 asthma attacks among children, and 24,500 emergency room visits and hospital admissions. The two programs are an investment in public health that will provide a total of up to $380 billion in return to American families in the form of longer, healthier lives and reduced health care costs.
Veolia Fined for Hazardous Waste and Used Oil Violations
Veolia ES Technical Solutions was fined $14,000 by the California Department of Toxic Substances Control (DTSC) for violations at its Azusa, California, hazardous management facility.
Three Manufacturers Fined for Failure to Notify Authorities about Chemical Releases
Three northwest businesses violated federal community right-to-know reporting requirements by failing to report releases of toxic chemicals on time in accordance with the federal Toxics Release Inventory (TRI) Program. According to three separate settlements with the EPA, Frazier Industrial Company, Formula Corp., and McClure Industries, Inc., will pay nearly $12,000 in combined penalties.
“Companies that use industrial chemicals have a responsibility to surrounding communities to run safe and transparent operations,” said Kelly Huynh, manager of the Inspection and Enforcement Management Unit at EPA in Seattle. “That includes reporting about the chemicals they use and release at their facilities.”
Under the federal TRI Program, companies that use certain toxic chemicals are required to report annually about releases, transfers, and waste management activities involving toxic chemicals at their facilities. Most companies, including Frazier Industrial Company, Formula Corp., and McClure Industries, report toxic chemicals releases that result from routine manufacturing operations at their facilities.
The TRI is a national database of chemical data from over 23,000 facilities and is a public resource available to any citizen. The TRI Program falls under the Emergency Planning and Community-Right-to-Know Act, which aims to inform communities and citizens of chemical hazards in their neighborhoods.
Frazier Industrial Company
Frazier Industrial Company, located in Pocatello, Idaho, failed to report on time for releases of 1,2,4-trimethylbenzene at its facility during calendar year 2009 and will pay a $4,100 penalty. Frazier Industrial Company is a manufacturer of structural steel storage rack systems.
1,2,4-trimethylbenzene is often used as a gasoline additive, a solvent, or as a paint and lacquer thinner. 1,2,4-trimethylbenzene exposure can impact the respiratory and nervous systems.
Formula Corp.
Formula Corp., located in Auburn, Washington, failed to report on time for releases of glycol ethers at its facility during calendar year 2009 and will pay a $3,800 penalty. Formula Corp., is a manufacturer of custom chemicals used in personal care, sanitary maintenance, and industrial cleaning markets.
Glycol ethers are an inhalation hazard and may affect the blood, kidneys, and liver.
McClure Industries, Inc.
McClure Industries, Inc., located in Portland, Oregon, failed to report on time for releases of styrene at its facility during calendar year 2009 and will pay a $3,800 penalty. McClure Industries, Inc., is a manufacturer of specialty carts for a variety of applications, including recycling and garbage containers, washroom and linen carts, and bio-waste storage.
Styrene is a respiratory hazard that can affect the nervous system and cause fatigue, slowed reaction time, and difficulty concentrating.
January 1 Clean Air Deadline for California Diesel Trucks and Buses
The California Air Resources Board (ARB) is reminding owners of heavier diesel trucks and buses that new emission reducing regulations go into effect January 1, 2012, and many businesses may need to report compliance on-line.
The regulation, adopted in 2008 and later amended in 2010, applies to all privately owned and federal government diesel trucks and buses that transport in California.
“Fleet owners who need to get the facts should call ARB’s diesel hotline or go the ARB website for assistance as soon as possible,” said ARB’s Assistant Chief of Mobile Sources Erik White. “We continue to make tools available to help truckers better understand the regulation and determine which options make the most sense for their businesses. Several options are available for funding ahead of regulatory deadlines, as well.”
The regulation provides owners of heavier trucks and buses (those with a Gross Vehicle Weight Rating greater than 26,000 lbs) with two options to reduce diesel emissions. They can:
- Follow a staggered implementation schedule that requires 1996-1999 model year engines be retrofitted with a diesel particulate matter (PM) filter by January 1, 2012; or,
- Use a flexible phase-in option that requires any 30% of vehicles in the fleet to have a PM filter. (Note: this option requires fleet owners to report information about all their heavier vehicles to ARB by January 31, 2012. Fleets that report can also take advantage of credits and special provisions.)
Owners of small fleets (defined as one to three trucks with a GVWR greater than 14,000 lbs) can postpone the January 2012 compliance requirement for their heavier trucks until 2014, but must report their fleet information to ARB by January 31, 2012, in order to receive the extension.
Lighter diesel trucks with a GVWR of 14,001 to 26,000 lbs have no compliance requirements until 2015.
Business owners may find funding opportunities to upgrade their fleets through either the Carl Moyer Program, which offers incentive grants for buying cleaner-than-required engines yielding early or extra emission reductions, or by using Proposition 1B funds, available under the Goods Movement Emissions Reduction Program.
Truck owners seeking compliance assistance and funding opportunities can:
- Visit ARB’s Truck Stop at www.arb.ca.gov/truckstop
- Call the Diesel Hotline at 866-6-DIESEL (866-634-3735)
- Review the Truck and Bus Regulation Fact Sheet
- Send email to: 8666DIESEL@ARB.CA.GOV
The truck and bus regulation will significantly reduce emissions from the nearly one million heavy-duty diesel trucks that operate in California. The regulation is one of several emission control measures that aggressively target diesel pollution, which is associated with a host of health ailments including cancer. Diesel particulate filters remove 85% of the fine particle pollution found in diesel exhaust.
DOT Takes Action to Ensure Truck Driver Rest Time and Improve Safety Behind the Wheel
US Transportation Secretary Ray LaHood announced a final rule that employs the latest research in driver fatigue to make sure truck drivers can get the rest they need to operate safely when on the road. The new rule by the US Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) revises the hours-of-service (HOS) safety requirements for commercial truck drivers.
“Trucking is a difficult job, and a big rig can be deadly when a driver is tired and overworked,” said Transportation Secretary Ray LaHood. “This final rule will help prevent fatigue-related truck crashes and save lives. Truck drivers deserve a work environment that allows them to perform their jobs safely.”
As part of the HOS rulemaking process, FMCSA held six public listening sessions across the country and encouraged safety advocates, drivers, truck company owners, law enforcement, and the public to share their input on HOS requirements. The listening sessions were live webcast on the FMCSA Web site, allowing a broad cross-section of individuals to participate in the development of this safety-critical rule.
“This final rule is the culmination of the most extensive and transparent public outreach effort in our agency’s history,” said FMCSA Administrator Anne S. Ferro. “With robust input from all areas of the trucking community, coupled with the latest scientific research, we carefully crafted a rule acknowledging that when truckers are rested, alert and focused on safety, it makes our roadways safer.”
FMCSA’s new HOS final rule reduces by 12 hours the maximum number of hours a truck driver can work within a week. Under the old rule, truck drivers could work on average up to 82 hours within a seven-day period. The new HOS final rule limits a driver’s work week to 70 hours.
In addition, truck drivers cannot drive after working eight hours without first taking a break of at least 30 minutes. Drivers can take the 30-minute break whenever they need rest during the eight-hour window.
The final rule retains the current 11-hour daily driving limit. FMCSA will continue to conduct data analysis and research to further examine any risks associated with the 11 hours of driving time.
The rule requires truck drivers who maximize their weekly work hours to take at least two nights’ rest when their 24-hour body clock demands sleep the most—from 1:00 a.m. to 5:00 a.m. This rest requirement is part of the rule’s “34-hour restart” provision that allows drivers to restart the clock on their work week by taking at least 34 consecutive hours off-duty. The final rule allows drivers to use the restart provision only once during a seven-day period.
Companies and drivers that commit egregious violations of the rule could face the maximum penalties for each offense. Trucking companies that allow drivers to exceed the 11-hour driving limit by 3 or more hours could be fined $11,000 per offense, and the drivers themselves could face civil penalties of up to $2,750 for each offense.
Commercial truck drivers and companies must comply with the HOS final rule by July 1, 2013.
Mercury Deposition Greater Near Major US Cities
Atmospheric deposition of mercury is about four-times higher in lakes near several major US cities compared to lakes in remote areas, according to a new study by the US Geological Survey (USGS).
Atmospheric deposition is the predominant pathway for mercury to reach sensitive ecosystems, where it can accumulate in fish and harm wildlife and humans. Coal-fired power plants and industries are among the primary sources of mercury emissions. Mercury emissions can travel far in the atmosphere, and the relative importance of local, regional, or international mercury emissions to natural waters is generally unknown.
This is the first study to quantify the relation between mercury fallout and distance from major urban centers. The study included lakes nearby, and remote from Boston, Massachusetts; Albany, New York; Montreal, Canada; New Haven, Connecticut; Tampa and Orlando, Florida; Chicago, Illinois; Minneapolis, Minnesota; Denver, Colorado; Salt Lake City, Utah; and Portland, Oregon.
To better understand geographic patterns of mercury deposition, the USGS analyzed sediment cores from 12 lakes with undeveloped watersheds near to (less than 30 miles) and remote from (more than 90 miles) several major urban areas in the US. Mercury deposition in the near-urban lakes greatly exceeds amounts found in remote lakes.
“With all of the environmental issues requiring attention, this study is an excellent example of how science can help target our attention and actions to geographic areas where mercury’s toxic impacts are likely to be the greatest in the near term on both ecosystems and humans,” said USGS director, Marcia McNutt. “This study also helps scale the distance over which atmospheric deposition of mercury is most severe, although no region escapes mercury contamination.”
Mercury emissions were previously known to contribute to global air pollution, but the importance of deposition near sources was less certain. Mercury deposition to South Reservoir, a protected water supply lake six miles north of downtown Boston, Massachusetts, was five-times greater than mercury deposition to Crocker Pond, 130 miles to the north in western Maine. This pattern was repeated in near-urban and remote lakes in other parts of the country.
“This finding could have important implications for management of mercury emissions to reduce the risks mercury poses to humans and wildlife,” said USGS scientist Peter Van Metre, author of the study. “The results illustrate the importance of reducing mercury emissions in the U.S. and not focusing only on emissions globally.”
The study is part of the USGS National Water Quality Assessment Program, which has been using age-dated lake sediment cores from across the US to evaluate contaminant trends. Other lake coring studies have found elevated mercury levels in urban areas. However, many urban lakes are affected by urbanization in the watershed, which makes it difficult to distinguish atmospheric mercury deposition from other sources of mercury pollution.
An important factor in this study was finding and sampling lakes in undeveloped, protected watersheds in and near major cities. The findings of this study support previous conclusions from models that indicate increased mercury deposition near major cities.
Massachusetts Achieves 91% Reduction in Mercury Air Emissions
Toxic mercury air emissions in Massachusetts have fallen by 91% since 1996, greatly exceeding the original goal of 75%, according to a study released by the Massachusetts Department of Environmental Protection (MassDEP). The reductions have been accomplished in part by comprehensive efforts targeting mercury pollution from municipal waste combustors, coal-fired power plants, mercury-added products, and other sources.
“The Patrick-Murray Administration has made it a priority to work towards a goal of zero mercury emissions from sources within the Commonwealth,” said Energy and Environmental Affairs Secretary Richard K. Sullivan. “This study shows that our efforts have produced significant progress in protecting the environment and the public health. But more needs to be done to end mercury pollution in our waterways, and that will require upwind states to join us by addressing their mercury emissions.”
Mercury is a potent neurotoxin that can damage the developing brain in children and may increase heart problems in adults. People can be exposed to unsafe levels of mercury by eating certain types of fish, which concentrate mercury in their tissue from polluted streams, lakes, and ocean waters. On average, more than 95% of mercury entering lakes, ponds, and streams in Massachusetts is deposited from the air.
“The mercury reductions documented in this study are a huge step in the right direction, and they have resulted in mercury levels in freshwater fish in Massachusetts falling significantly in the last decade,” said MassDEP Commissioner, Kenneth Kimmell. “However, while these reductions are very encouraging, much of the mercury polluting our lakes and ponds is now coming from sources outside of our region. Those upwind states need to step up and do their part.”
Women of childbearing age are of special concern, as toxic mercury ingested by a mother is transported to the developing fetus where it inhibits the normal development of the brain even at low exposure levels. Almost 20% of women in the northeastern US are exposed to mercury above levels considered safe for fetuses.
In order to protect children’s health from toxic mercury pollution, Massachusetts partners with the other New England states to take aggressive actions to reduce mercury sources. As part of these efforts, Massachusetts set an interim goal of at least a 75% reduction in mercury emissions by 2010 and a long-term goal to virtually eliminate mercury pollution sources. The report demonstrates that Massachusetts has far exceeded its 2010 goal, achieving a 91% reduction in releases of toxic mercury pollution in the Commonwealth since 1996.
Since 1996, annual mercury emissions from municipal waste combustors declined by 96% and emissions from medical waste incinerators were completely eliminated. Massachusetts has also adopted strong regulations on coal-fired power plants, requiring mercury emissions to be controlled by 95% by 2012.
Ongoing monitoring by MassDEP demonstrates that significant declines of mercury in freshwater game fish from lakes and ponds in the Commonwealth have occurred since controls were required on mercury pollution sources. Despite those declines, mercury levels in fish remain too high. In order to solve this problem, further reductions in mercury pollution from upwind sources is critically needed.
To continue the progress in this area, Massachusetts will need strong federal and international actions similar to what has been accomplished in the Northeast. In particular, a proposed federal rule by the US EPA would be a major step forward, by greatly reducing mercury pollution from coal-fired power plants across the country. Massachusetts’ state rule for coal-fired plants is already more stringent than the proposed federal mercury limits, but the federal rule, if implemented, would be an important step forward in reducing toxic mercury transported on the winds from Midwest and Southeast states and deposited from the air into Massachusetts.
The report was prepared for MassDEP by the Northeast States for Coordinated Air Use Management (NESCAUM) in Boston. NESCAUM provides scientific, technical, analytical, and policy support to the air quality and climate programs of its member state agencies.
“Massachusetts has shown that making deep reductions in mercury pollution is doable,” said NESCAUM Deputy Director Paul Miller. “National efforts, like the federal rule to reduce mercury from coal-fired power plants, are key next steps.”
“Massachusetts officials have helped ensure that powering our homes won’t poison our kids,” said Ben Wright, advocate for Environment Massachusetts. “But toxic mercury pollution doesn’t respect state boundaries, which is why we need the Obama Administration to ensure that power plants in neighboring states are following our lead.”
Air Pollution Levels from Deepwater Horizon Spill Similar to Large Urban Area
Researchers from the NOAA Earth System Research Laboratory (ESRL) and NOAA’s Cooperative Institute for Research in Environmental Sciences (CIRES) in Boulder, Colorado, along with university colleagues, focused on ozone and particulate matter—two pollutants with human health effects.
About 8%, or about one of every 13 barrels of the Deepwater Horizon-spilled oil that reached the ocean surface, eventually made its way into airborne organic particles small enough to be inhaled into human lungs, and some of those particles likely reached the Gulf coast when the winds were blowing toward the shore, according to the study.
“We could see the sooty black clouds from the burning oil, but there’s more to this than meets the eye. Our instruments detected a much more massive atmospheric plume of almost invisible small organic particles and pollutant gases downwind of the oil spill site,” said Ann M. Middlebrook, scientist at NOAA ESRL’s Chemical Sciences Division (CSD) and lead author of the study.
According to the study, over the course of the spill, the total mass of organic particles formed from evaporating surface oil was about ten times bigger than the mass of soot from all the controlled burns. Controlled burns are used to reduce the size of surface oil slicks and minimize impacts of oil on sensitive shoreline ecosystems and marine life.
The organic particles formed in the atmosphere from hydrocarbons that were released as surface oil evaporated, and they got bigger as they traveled in the plume. The atmospheric plume was about 30 kilometers wide—about 18.5 miles—when it reached the coast.
Some of the hydrocarbons from the evaporating oil reacted with nitrogen oxides in the atmosphere to create ozone pollution, but this other atmospheric plume was only 3 to 4 kilometers (2 to 3 miles) wide at the coast.
“The levels of ozone were similar to what occurs in large urban areas. During the oil spill, it was like having a large city’s worth of pollution appear out in the middle of the Gulf of Mexico,” said Daniel M. Murphy, NOAA scientist at ESRL/CSD and a co-author of the study.
The relatively small amounts of nitrogen oxides in the vicinity of the oil spill (which included nitrogen oxides emitted by the spill cleanup and recovery efforts) limited the amount of polluting ozone that was formed offshore. When the excess hydrocarbons reached the coast, they could have reacted with on-shore sources of nitrogen oxides, such as cars and power plants, to form additional ozone.
The researchers gathered data in June 2010 on two flights of NOAA’s WP-3D research aircraft that was outfitted to be a “flying chemical laboratory.” They also analyzed data gathered on ships in the vicinity and at two monitoring sites in Mississippi downwind of the oil spill.
They used a regional air quality model to project the path of the particle pollution, and found that time periods when the pollution plume was predicted to have reached the coast matched up well with a few short periods of high readings at the monitoring sites.
In addition to the organic particles that formed from the evaporating oil, soot particles were lofted into the atmosphere from the oil that was burned on the surface.
The authors note that their findings could help air quality managers anticipate the effects of future oil spills. The depth of the Deepwater Horizon spill, about a mile beneath the surface, limited the effects on air quality because some hydrocarbons, such as benzene, largely dissolved in the water.
“It was fortunate that the effects on air quality of the Deepwater Horizon oil spill were limited in scope,” said Middlebrook. “Our findings show that an oil spill closer to populated areas, or in shallower waters, could have a larger effect.”
Eagle Recycling Pleads Guilty to Violating Clean Water Act
Lieze Associates, dba Eagle Recycling, of New Jersey, was sentenced in federal court in Utica, New York, following their guilty plea to conspiring to violate the Clean Water Act and to defrauding the US, the US Attorney’s Office for the Northern District of New York and the Department of Justice Environment and Natural Resources Division announced.
Eagle Recycling was sentenced to pay a $500,000 criminal fine and more than $70,000 in restitution and cleanup costs. The judge also imposed three years corporate probation and ordered that its recycling facility formulate, fund, and implement an environmental compliance plan to prevent future environmental violations at their North Bergen, New Jersey, operation.
According to the charges and plea agreement, Eagle Recycling and other co-conspirators engaged in a multi-year scheme to illegally dump 8,100 tons of pulverized construction and demolition debris that was processed at Eagle Recycling’s North Bergen solid waste management facility and then transported to a farmer’s property in Frankfort, New York. Eagle Recycling and other conspirators then concealed the illegal dumping by fabricating a New York State Department of Environmental Conservation (DEC) permit and forging the name of a DEC official on the fraudulent permit.
California ARB Fines Company $52,000 for Illegal Diesel Filters
The California ARB has settled with Sud-Chemie Corporation of Munich, Germany, for $51,792 for selling illegal diesel filters. The filters were used on fixed emergency standby engines such as those used to generate emergency power in hospitals.
An ARB investigation showed that between 2008 and 2009, Sud-Chemie sold EnviCat diesel particulate filters that did not conform to original specifications approved by ARB.
“Companies that sell diesel filters in California must follow careful guidelines in order to protect the air we breathe,” said ARB Enforcement Chief James Ryden. “We are confident that this company now understands what they need to do to be sure their diesel filters work properly.”
Under the settlement, $38,844 will go to the California Air Pollution Control Fund to support air quality research, and $12,948 will go to the Peralta Community College District to help fund diesel education classes around the state.
Sud-Chemie has also agreed to meet the state’s requirements for diesel retrofits, to inspect and replace as necessary EnviCat diesel particulate filter units, and to notify local air districts of any concerns associated with the company’s failure to comply with the law. Sud-Chemie will also contact users of the product to make sure they are operating properly.
Diesel exhaust contains a variety of harmful gases and over 40 other known cancer-causing compounds. In 1998, California identified diesel particulate matter as a toxic air contaminant based on its potential to cause cancer, premature death, and other health problems.
Appalachia Midstream Fined Nearly $20,000 for Erosion, Sediment Violations at Compressor Station
The Pennsylvania Department of Environmental Protection (DEP) has fined Appalachia Midstream Services LLC of Horseheads, New York, Chesapeake Energy’s pipeline division, $19,510 for numerous erosion- and sediment-control violations originally found last winter at its compressor station in Albany Township, Pennsylvania.
“Appalachia Midstream did not correct the violations documented in February by the Bradford County Conservation District until August, which is far longer than needed,” DEP North-central Regional Director, Nels Taber said. “We continue to work to ensure that the companies DEP regulates take their compliance obligations seriously.”
Inspections by the conservation district and DEP’s Oil and Gas staff in February and May found that Appalachia Midstream had failed to implement and maintain effective best-management practices to control erosion and sediment runoff during excavation for construction of a compressor station.
Best-management practices are measures used to minimize soil erosion and sedimentation to protect the quality of surface and groundwater in the area. They include various devices, such as silt-filter socks, as well as constructing diversion channels, sediment basins, and stabilized slopes.
The inspections revealed violations of the Pennsylvania Clean Streams Law, Dam Safety and Encroachment Act and state regulations. A notice of violation letter was sent to the company on March 28, and a DEP inspection on August 16 verified that Appalachia Midstream had corrected all the violations.
Seattle Bans Plastic Bags
The bill encourages the use of reusable shopping bags by requiring grocers and retailers to charge a nickel for paper bags.
Washingtonians use more than 2 billion single-use plastic bags each year. Seattle alone uses approximately 292 million plastic bags annually, only 13% of which are recycled, according to Seattle Public Utilities.
“This bill is a great example of a broad and diverse coalition of people and organizations coming together to do the right thing for our environment,” said prime sponsor, City Councilmember, Mike O’Brien, chair of the Seattle Public Utilities and Neighborhoods Committee. “We have the support of grocers, retailers, restaurants, labor unions, and environmental organizations in Seattle. We also have broad grassroots involvement from residents who have been emailing and calling in support of this issue for months now.”
Environmental organizations in support of the plastic bag ban include Environment Washington, People for Puget Sound, Surfrider Foundation, Sierra Club, and Zero Waste Seattle. The bill is also supported by the Northwest Grocery Association, the Washington Restaurant Association, United Food and Commercial Workers Local 21, and some local independent grocers, such as Metropolitan Market, Town & Country Markets, PCC, and Central Co-op.
“We know that recycling alone cannot protect Puget Sound and our ocean waters from these plastic bags,” said Councilmember O’Brien. “Of course people are not intentionally littering their bags into Puget Sound, but with so many in circulation, bags are ending up there, causing real damage to habitats and wildlife. Bringing our own reusable bags when we go shopping is a simple step we can all take that will protect our environment and reduce unnecessary waste.”
“In the last few years, we have learned much more about how much plastic is in Puget Sound and the impact it has on marine wildlife,” said Katrina Rosen, Field Director for Environment Washington. “Banning plastic bags is an important step we must take to protect Puget Sound wildlife and we are happy to see City Council stepping up to be a part of this growing global movement.”
Seattle is the fourth city in Washington to ban plastic bags following Edmonds, Bellingham, and, most recently, Mukilteo. Regionally, Seattle joins the Hawaiian islands of Maui and Kauai, more than a dozen municipalities in California—such as San Francisco, San Jose, Malibu, and Los Angeles County—more than 30 coastal towns in Alaska, and neighboring Portland in taking action against plastic bags. At least 20 nations have also enacted efforts to reduce or eliminate plastic bag use, including Germany, Ireland, China, Taiwan, India, and Kenya.
The ordinance will go into effect July 1, 2012. Seattle Public Utilities will be responsible for outreach to businesses and public education over the next six months and after the law takes effect. The utilities’ solid waste division will also monitor and enforce the ordinance.
Over $1.5 Million Penalty for Water Pollution
The company’s facility in Brea, California, was cited for unauthorized discharges that carried pollutants including hydrocarbons, oil, petroleum residuary products, grease, lead, copper, zinc, and more to the creek and lake. The Regional Water Board believes that intermittent discharges of these pollutants occurred from as far back as 1990 and continued until 2008. The company admitted to a discharge of these pollutants in 2008, but disputes that there were discharges in prior years. In addition to payment of the penalties and costs described above, the company has agreed to an injunction prohibiting future discharges.
In determining the civil penalties, the Regional Water Board took into account the adverse environmental impacts and the firm’s actions to control the discharge of pollutants from its facilities once they were identified. The proposed Consent Judgment was noticed for public comments from October 31 to November 30, 2011.
“The settlement is noteworthy because it allows the County of Orange to request a portion of the penalty (a maximum $794,500) for a project to improve the environmental condition of Fullerton Creek and Craig Lake,” said Kurt Berchtold, the Regional Water Board’s Executive Officer.
The Santa Ana Regional Water Board is responsible for protecting and restoring water quality in portions of the Counties of Orange, Riverside, and San Bernardino.
The Santa Ana Regional Water Board was represented by the California Attorney General’s Office in this enforcement case.
Environmental News Links
Trivia Question of the Week
If certain conditions are met, the US EPA does not require a permit for which of the following types of hazardous waste treatment?a. Elementary neutralization
b. Precipitation
c. Oxidation
d. Evaporation
