EPA Reduces Ozone NAAQS

The EPA is revising the levels of both standards to 0.070 parts per million (ppm), and retaining their indicators (O₃), forms (fourth-highest daily maximum, averaged across three consecutive years) and averaging times (eight hours).

EPA is making corresponding revisions in data handling conventions for O₃ and changes to the Air Quality Index (AQI); revising regulations for the prevention of significant deterioration (PSD) program to add a transition provision for certain applications; and establishing exceptional events schedules and providing information related to implementing the revised standards. The EPA is also revising the O₃ monitoring seasons, the Federal Reference Method (FRM) for monitoring O₃ in the ambient air, Federal Equivalent Method (FEM) analyzer performance requirements, and the Photochemical Assessment Monitoring Stations (PAMS) network. Along with exceptional events schedules related to implementing the revised O₃ standards, the EPA is applying this same schedule approach to other future new or revised NAAQS and removing obsolete regulatory language for expired exceptional events deadlines. The EPA is making minor changes to the procedures and time periods for evaluating potential FRMs and equivalent methods, including making the requirements for nitrogen dioxide (NO₂) consistent with the requirements for O₃, and removing an obsolete requirement for the annual submission of Product Manufacturing Checklists by manufacturers of FRMs and FEMs for monitors of fine and coarse particulate matter.

Hazards Shouldn’t Lead to Disasters

 

Issued on the third anniversary of Hurricane Sandy, which killed 157 people in the United States and wreaked havoc and destruction from Maine to North Carolina, the new planning guide is aimed at community leaders in both the public and private sectors. It lays out a practical six-step process that communities can follow to develop resilience plans to help them prepare for hazards, adapt to changing conditions, and withstand and rapidly recover from disruptions.

“Given the breadth of impact extreme weather is having on American lives and commerce, it is clear that we have to do more to mitigate its effects,” said US Commerce Secretary Penny Pritzker. “Improving local resilience efforts are a challenge that every city should address, and this planning guide can assist communities in developing preparedness plans to prevent hazards from becoming disasters.”

Tailored to the particular goals, hazards, needs, and resources of individual communities, these plans will help governments, utilities, service providers, and other organizations set priorities and allocate resources for mitigating, maintaining vital services, and if a hazard does strike, building back better.

 

Encompassing social, engineering, and public safety perspectives, resilience planning can help communities prevent hazards from becoming disasters. The new guide emphasizes ways to minimize disruption and enable efficient recovery, from short to long-term. A key goal is to avoid extended periods without services, long delays in resuming community functions and daily living activities, and protracted rebuilding efforts, which can collectively impose a crippling toll on residents, businesses, and government.

 

In addressing the how of resilience, the guide can also help communities to unify public and private efforts that affect resilience. “Resilience planning is not a stand-alone activity,” explains Therese McAllister, leader of NIST’s community resilience program. “Resilience goals should be aligned with community priorities and resources, and integrated into emergency response, economic development, zoning and other local planning activities.”

The guide focuses on the performance of buildings and infrastructure systems—energy, communications, transportation, drinking water, and wastewater. This “built environment” is evaluated in terms of how it supports social and economic services and functions before and after a flood, hurricane, or other hazard strikes a community. After setting desired performance levels for its built environment during and after an anticipated hazard event, the community can assess the gaps that must be bridged to achieve these performance goals.

The recommended six-step process starts with the formation of a resilience team drawn from the community and its stakeholders and culminates with the development, approval, and implementation of resilience strategies that are updated regularly.

Evidence suggests that the built environment in many communities may fall short of expectations for even routine and expected hazards. Many Presidential Disaster Declarations since 2000 were issued for hazard events that did not exceed the levels buildings and structures were designed and constructed to withstand. Poor performance may have been the result of aging infrastructure (including construction when codes and standards were not as stringent as they are today), dependencies between physical systems, poor siting, or lack of maintenance.

 

The panel’s inaugural meeting will be held November 9, 2015, at NIST’s Gaithersburg, Maryland, campus and is open to all interested parties. Advance registration is required.

Hazardous Waste Generator Improvement Rule

In the first major modification to the hazardous waste regulations in over 10 years, EPA plans to modify and reorganize the hazardous waste generator rule. When adopted, the rule will provide greater flexibility in how hazardous waste is managed and close important gaps in the regulations.

Attend Environmental Resource Center’s live, online session on November 16 to learn:

• New requirements for documenting hazardous waste determinations
• Revised requirements for when and how to submit the Notification of Generator Status form to EPA
• How to take advantage of the episodic generation exclusion to avoid reclassification to a larger generator status
• Definitions of important new terms – “Very Small Quantity Generator” and “Central Accumulation Area”
• How to mark containers, tanks, and containment buildings with new information required at central accumulation areas and satellites
• New conditions under which containers can be left open at satellite accumulation areas
• Updated time and volume limits for satellite accumulation areas
• New documentation requirements for contingency plans and biennial reports
• New requirements for shipping hazardous waste from a VSQG to another facility owned by the same organization

 

EPA’s Proposed New Standards for Hazardous Waste Pharmaceuticals

EPA has proposed new flexible rules at 40 CFR 266 Subpart P for the management of hazardous waste pharmaceuticals by healthcare facilities, long-term care facilities, pharmacies, retail stores, and reverse distributors. The rule is projected to prevent the flushing of more than 6,400 tons of hazardous waste pharmaceuticals annually by banning healthcare facilities from flushing hazardous waste pharmaceuticals down the sink and toilet.

At this session on November 13, you will learn:

• The difference between creditable, non-creditable, and evaluated pharmaceuticals – and who must make this determination
• How the new rule will impact your hazardous waste generator status
• New “empty” definition for unit dose containers, syringes, and other containers
• Conditional exemption for DEA controlled substances
• Requirements for on-site storage
• Waste container management and labeling
• Accumulation time limits
• Sewer disposal prohibition
• Authorized disposal and other management options
• Impact of the new rule on household collection programs
• Manifest and alternative transport tracking documents
• Recordkeeping requirements
• Requirements for reverse distributors

 

Orlando RCRA and DOT Training

 

Charlotte RCRA and DOT Training

 

Wilmington RCRA and DOT Training

 

EPA Issues NESHAPs For Brick, Structural Clay Products and Clay Ceramics Manufacturing

EPA has published final national emission standards for hazardous air pollutants () for Brick and Structural Clay Products (BSCP) Manufacturing and NESHAP for Clay Ceramics Manufacturing. All major sources in these categories must meet maximum achievable control technology (MACT) standards for mercury (Hg), non-mercury (non-Hg) metal hazardous air pollutants (HAP) (or particulate matter (PM) surrogate) and dioxins/furans (Clay Ceramics only); health-based standards for acid gas HAP; and work practice standards, where applicable.

The rule goes into effect on December 28, 2015.

Hazards of Old Natural-Gas Pipes Spur Upgrades

Millions of residents across the US rely on natural gas to heat their homes, stoves, and showers. But leaks along the thousands of miles of pipeline that deliver the fuel are a costly—and sometimes deadly—problem. 

Matt Davenport, an associate editor at C&EN, notes that gas leaks are a concern for three major reasons. One is that the primary component of natural gas is methane, a potent greenhouse gas (GHG) when released into the atmosphere. Another reason is that leaks cost customers—to the tune of $2 billion in 2013, according to one estimate. And third, natural gas can create deadly hazards. One explosion in a Pennsylvania town killed five people in 2011.

In response, the federal Pipeline & Hazardous Materials Safety Administration called for states to speed up their pipe replacement programs. Some of the natural gas infrastructure dates back to the late 19^th century. Currently, most states and the District of Columbia are working toward that goal, but with variable results. Vermont has completed its upgrades whereas New York’s urban updates could take another 20 to 50 years to finish.

New York Proposes New Sea-Level Rise Projection Regulations

To better prepare coastal communities and business owners for extreme weather events like Superstorm Sandy three years ago, New York continues its national leadership by proposing new state sea-level rise projections that will help state agencies and project planners develop more resilient structures, Basil Seggos, Acting Commissioner of the New York State Department of Environmental Conservation (DEC) announced recently. Public comments on the proposed regulation will be accepted following publication in the State Register through December 28.

"The sea-level rise projections DEC is proposing today reflect the best science available and are critical to Governor Cuomo's vision of a more resilient New York in the wake of Hurricane Sandy, which devastated whole communities that are still rebuilding," Acting Commissioner Seggos said. "Sea level projections will help state agencies, developers, planners and engineers to reduce risks posed by rising seas and coastal storms over the next several decades."

Governor Cuomo signed the Community Risk and Resiliency Act (CRRA) in September 2014. CRRA requires applicants for certain permit and funding programs to demonstrate consideration of future physical risks due to sea-level rise, flooding, and storm surge. DEC is required by CRRA to adopt state sea-level rise projections.

DEC's regulation to adopt sea-level rise projections does not by itself create any new design standards or permit requirements. Project planners and state agencies will, however, be able to use these projections in project design, and routine permit and funding decision making, which will result in more resilient projects and safer communities in which to live, work, and conduct business. DEC is working with other agencies to prepare guidance that directs and supports thorough examination of sea-level rise, flooding, and storm surge in several permitted and funding programs, as required by CRRA. The guidance will help project planners and agency staff select appropriate sea-level rise and flooding scenarios so they can plan for changing water levels and associated risks that might occur over the life of a project.

DEC's proposed projections are based on peer-reviewed research by scientists at Columbia University, Cornell University, and Hunter College in the ClimAID study, which was funded by the New York State Energy Research and Development Authority. 

The ClimAID projections include consideration of the possibility of rapid melt of land-based ice on Antarctica and Greenland, which could result in significantly higher rates of sea-level rise than would otherwise occur. Subsequent reports continue to affirm the underlying assumption that ice melt will likely accelerate beyond historical rates of melt.

The proposed regulation provides a range of projections suitable for risk-based planning and review of projects of varying projected life times and risk tolerance. For example, the New York City/Lower Hudson projections range from a low of 15 inches to a high of 75 inches by 2100. Projections for Long Island and the Mid-Hudson are similar. By having a full range of projections, decision makers will be able to consider the possibility of more rapid sea-level rise when planning long-term land-use change and critical, long-lived infrastructure.

 

Save Money and Reduce Your Impact Through Energy Efficiency

Do you want to save money and fight climate change, without sacrificing comfort or convenience? Becoming more energy efficient accomplishes all that and more. The EPA has several programs and tools to help deliver the benefits of reducing your energy consumption.

Over 70 types of products—including appliances, building products, commercial equipment and more—have earned the Energy Star label by meeting energy efficiency requirements. Even something as simple as a new light bulb can help save money and energy: An Energy Star bulb will use up to 90% less energy over its lifetime, saving between $30 and $80.

You can reduce your impact even further by choosing a clean energy resource to power your home. Many areas offer electricity options that include generating sources that emit no or negligible air emissions, such as from wind or solar power. As the price of these energy sources continues to fall, you can start saving even more money on your electricity bills while reducing your carbon footprint.

Increasing your energy efficiency not only helps your own bottom line, but the planet’s as well. That’s because using less and cleaner energy means reducing the GHGs that contribute to climate change. Communities all over the world are already feeling the effects of climate change, from more heat waves and drought to extreme weather events like hurricanes and flooding.

Failed Toxic Cleanup at Malibu Schools

 America Unites for Kids and Public Employees for Environmental Responsibility (PEER) have also revealed that a large and growing number of teachers in the entire elementary-middle and high school complex are reporting thyroid illness.

The controversy began two years ago when teachers came forward with health complaints they felt were caused by their school environment. PCBs cause cancer and reproductive issues, and inhibit the ability to learn. Early exposure to PCBs increases the risk of type 2 diabetes by 9 times and also increases the risk of future hypertension. PCBs also decrease thyroid function leading to thyroid disease and thyroid cancer, a problem afflicting Malibu teachers.

 Disturbingly, several samples come from areas the Santa Monica-Malibu Unified School District has declared remediated. In fact, two windows which were specifically claimed to have been remediated were retested and both still contain illegal levels of PCBs.

“It is baffling how a District, whose job it is to protect children, can be so reckless. Kids are sitting in highly toxic classrooms which at the least are decreasing their ability to learn and at the most are increasing their chances of cancer,” said Jennifer deNicola, President of America Unites for Kids, a non-profit championing elimination of PCBs in schools. “This District has to stop fighting to avoid testing and realize there are sick teachers working in toxic buildings that are only making them sicker.”

Even as teacher health complaints mount, the District is preventing them from transferring out of highly contaminated areas. The District is also threatening parents who want to avoid sending their children into PCB hot spots with truancy charges.

The District has steadfastly resisted repeated calls for comprehensive testing. America Unites for Kids and PEER have brought a federal lawsuit against District officials and Board of Education members seeking compliance with the law by removing all illegal PCBs.

A mediation is scheduled in the lawsuit for November 13, 2015. It is the hope of America Unites and PEER that all Board of Education members will attend to make a sincere effort to resolve this serious problem affecting these schools. If the case does not settle, the court has set a trial date of May 17, 2016.

“These new lab results clearly show that entire buildings—not just a few windows and doors—are contaminated,” stated PEER Senior Counsel Paula Dinerstein. “We would hope that the District realizes that it cannot continue to mask its toxic condition; it is time to solve it.”

Now EPA has been presented by Malibu’s congressional representative with new locations with PCBs at levels requiring removal under federal law. If it follows the pattern of the past year, EPA will direct the District to abate those locations.

Barton Solvents Fined $1.1 Million for Air, Waste, and Water Violations at Six Chemical Blending and Distribution Plants

The Department of Justice and the EPA recently announced a proposed settlement with Barton Solvents Inc. that resolves multiple environmental violations at five of the company’s chemical blending and distribution facilities in Iowa, Kansas, and Wisconsin.

The proposed settlement, in the form of a consent decree lodged in US District Court in Des Moines, Iowa, requires Barton to pay a civil penalty of $1.1 million and undertake measures to ensure that it’s blending and packaging processes adhere to safety and environmental requirements.

 These explosions and fires led to damage of the facilities, nearby businesses and the evacuation of the facilities and the surrounding communities.  These types of violations not only put facilities at risk, but the surrounding communities as well.

“This settlement requires Barton to take immediate measures to minimize the potential for dangerous environmental releases and provide maximum safety for workers and the communities where its facilities reside.” said Assistant Attorney General John C. Cruden of the Justice Department’s Environment and Natural Resources Division. “Barton must also take action in its handling of hazardous waste so that it can achieve full compliance with all state and federal environmental requirements under the RCRA.”

“When companies handling dangerous chemicals fail to comply with environmental laws, catastrophic events can happen,” said Region 7 Acting Regional Administrator Mark J. Hague for EPA. “Under this settlement, Barton will take steps to ensure safe chemical handling at all its facilities by complying with environmental laws that create safer facilities and communities.”

Under the settlement, Barton will also hire independent auditors to perform comprehensive environmental compliance audits and correct any additional violations uncovered at all of its facilities, including a facility in West Bend, Wisconsin.

 

EPA Settlements Help Protect Public Against Health Hazards from Lead Exposure

 

Seventy-five settlements were filed from October 2014 through September 2015 for renovations performed on pre-1978 homes and child-care facilities, and each requires that the alleged violator certify its compliance with RRP regulations to EPA and, in most cases, pay civil penalties to resolve the alleged violations. The violations cited in the settlements reflect EPA’s goal to reduce illegal and unsafe renovations, and the lead hazards risks that result from them.

“Ensuring that lead-based paint is properly removed and handled helps protect children’s health when repairs or renovations are performed in older housing, particularly where kids live” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “These cases show that EPA is serious about making sure companies that break the law are held accountable when they undercut responsible businesses and put public health at risk.”

Each of the projects is expected to cost at least $20,000 to complete.

Approximately two-thirds of the cases involved failure to obtain EPA certification prior to conducting renovations. The cases reflect an increased focus on ensuring that firms and renovators comply with lead-safe work practices intended to protect children and others from exposure to lead dust. More than half of the cases cited violations of work practice standards and other requirements that directly affect how work is performed.

Lead dust and debris from improper renovation activities on properties built prior to 1978 is a major source of lead exposure that can cause lead poisoning. Although using lead-based paint in dwellings was prohibited after 1978, it is still present in more than 30 million homes across the nation, in all types of communities. The RRP Rule provides important protections for children and others vulnerable to lead exposure. Even low levels of lead in the blood of children can result in behavior and learning problems, lower IQ and hyperactivity, slowed growth, hearing problems and anemia. In rare cases, ingestion of lead can cause seizures, coma and even death.

The RRP Rule, which is part of the federal Toxic Substances Control Act, is intended to ensure that owners and occupants of pre-1978 “target housing” and “child-occupied facilities” receive information on lead-based paint hazards before renovations begin, that individuals performing such renovations are properly trained and certified, and that renovators and workers follow specific lead-safe work practices during renovations to reduce the potential for exposure to lead.

The penalties in the settlements address the cited violations. Enforcement penalties also help deter other violations, and level the playing field for companies that follow the law. These fines help eliminate the financial advantage a violator may get by underbidding competitors that are compliant.

Contractors that are certified under EPA’s RRP regulations are encouraged to display EPA’s “Lead-Safe” logo on worker’s uniforms, signs, websites, and other material, as appropriate. Consumers can protect themselves by looking for the logo before hiring a home contractor, and by being generally aware of whether a renovator is following lead-safe work practices when working on their property. 

Renovators are required to give the pamphlet to property owners and occupants within 60 days before starting any renovation.

 

City of Waterloo, Iowa, Fined $272,000 for Clean Water Act Violations

 

A proposed consent decree, lodged yesterday in US District Court for the Northern District of Iowa, in Cedar Rapids, would require Waterloo to perform comprehensive assessments of the capacity and condition of its wastewater treatment facility and sewer system, which includes approximately 400 miles of sanitary sewer lines and 300 miles of storm sewer lines.

Based on the information developed by those assessments, by December 31, 2017, the city would be required to submit to EPA and the State of Iowa a master plan describing remedial measures necessary to address the sewer system’s problems with capacity, inflow and infiltration, with the goal of eliminating sanitary sewer overflows and bypasses. Following review and approval of the master plan by EPA and the State of Iowa, Waterloo would then have until December 31, 2032, to complete all necessary work on its sewer system.

Additionally, the consent decree would require Waterloo to pay a total of $272,000 in settlement; complete a footing drain removal program that it has already begun; implement a sanitary sewer overflow response plan; and implement a comprehensive management, operations and maintenance program.

The consent decree is subject to a 30-day public comment period and approval of the federal court before it becomes final. 

Hogan Administration Announces New Lead-Testing Plan for Children

Previously, only children living in so-called “at risk” ZIP codes or who were enrolled in Medicaid had to be tested.

“We have made great progress in reducing lead exposure in Maryland over the past 20 years,” Governor Hogan said. “However, we need to test all children, not just a handful, in order to put an end to childhood lead poisoning in Maryland once and for all.”

Lt. Governor Boyd Rutherford recently joined Deputy Secretary Dr. Howard Haft of the Department of Health and Mental Hygiene, as well as Secretary Benjamin Grumbles of the Department of the Environment, to announce the new plan at Total Health Care in Baltimore, one of Maryland’s largest minority-run, nonprofit, tax-exempt community health centers.

“The Department of Health and Mental Hygiene and the Department of the Environment have completed a study that shows the need for testing in all jurisdictions across Maryland,” said Deputy Secretary Haft. “The US Centers for Disease Control and Prevention’s new recommendation is five micrograms of lead per deciliter of blood. Every jurisdiction in the state has children with blood lead levels higher than that.”

“We are making progress but have much more to do to win the battle against childhood lead poisoning in Maryland,” said Secretary Grumbles, whose department houses the Maryland Lead Poisoning Prevention Program. “In the early days of Maryland’s lead program, the vast majority of children with lead poisoning came from rental homes built before 1950 in Baltimore City. Now we are seeing an increased proportion of lead poisoning cases linked to newer rental homes and owner-occupied homes in other parts of Maryland. The Department of the Environment is committed to initiatives that will reduce children’s exposure to lead in all types of housing in all areas of the state.”

Maryland agencies work in partnership with the Green & Healthy Homes Initiative to fight lead poisoning.

“While testing does not prevent lead poisoning, it is a critical measure to ensure we invest funding for prevention where it is needed most and that we identify at-risk children who may be missed through targeted testing,” said Ruth Ann Norton, President and CEO of the Green & Healthy Homes Initiative. “It is clear that lead poisoning is not limited to Baltimore City but is a concern throughout Maryland and the United States. Given GHHI’s mission to break the link between unhealthy housing and unhealthy families, we are committed to ending childhood lead poisoning so that all children may reach their full potential. We thank Governor Hogan and the State of Maryland for advancing this important step to protect Maryland’s kids.”

Health and Mental Hygiene has worked closely with the provider community and the Departments of the Environment and Housing and Community Development to identify resources for parents whose children are found to have elevated lead levels.

“The most important thing is that parents and providers make sure that children receive follow-up care, if they have elevated blood lead levels,” said Deputy Secretary Haft. “Children need to be retested to make certain their levels are going down, and providers need to work with parents to be sure there are no sources of lead that need to be fixed.”

 

To prevent childhood lead poisoning, the Department of the Environment assures compliance with mandatory requirements for lead risk reduction in rental units built before 1978. Maryland’s 1994 lead law had previously applied to rental units built before 1950, when lead paint was prohibited in Baltimore City. Because a significant percentage of new childhood lead poisoning cases are linked to homes built after 1949, the universe of properties covered under the law was expanded to include rental properties built before 1978, when the use of lead paint was prohibited nationally. That change became effective January 1, 2015.

 

MassDEP Assesses $5,565 Penalty on Lunenburg Condominium Trust for Water Pollution Control Violations

Woodland Village at Hickory Hills Lake Condominium Trust, which operates a waste water treatment facility at its condominiums of the same name in Lunenburg, has been assessed a $5,565 penalty by the Massachusetts Department of Environmental Protection (MassDEP) for violating state water pollution control regulations.

The Trust holds a groundwater discharge permit issued by MassDEP, which sets limits for the effluent from its waste water treatment facility serving the complex located at 208 Northfield Road. According to monitoring data collected by the Trust, those limits were repeatedly exceeded, including the limits for biochemical oxygen demand, total nitrogen, nitrate-nitrogen, and total suspended solids.

The order requires the Trust to update its operation-and-maintenance manual, and to make improvements to the system to prevent future permit violations. The Trust also must pay the penalty.

"Proper operation and maintenance of this wastewater facility is essential to protect the surrounding groundwater quality and public health," said Mary Jude Pigsley, director of MassDEP's Central Regional Office in Worcester.

Massachusetts Company Fined $75,000 for Asbestos Violations

A Rowley based corporation will pay up to $75,000 to settle allegations that workers improperly removed, handled, and disposed of asbestos-containing debris during renovations at a long-term care facility for elderly psychiatric and disabled patients in Worcester, Attorney General Maura Healey announced recently.

According to a consent judgment approved Tuesday by Suffolk Superior Court Judge Ames, West Side Corporation has also agreed to have a licensed asbestos inspector investigate the West Side House in Worcester and similar facilities owned by six affiliated corporations for any asbestos that may have to be removed in accordance with applicable laws.

“We are pleased to have resolved allegations that West Side Corporation removed asbestos without using licensed contractors and without following proper abatement procedures. Improper asbestos removal places the health of workers and those who live, visit and work at places where asbestos removal is taking place at risk,” said AG Healey. “This is a public health issue and we will prosecute anyone who puts members of the public at risk by improperly handling asbestos-containing waste materials.”

“The Commonwealth’s asbestos regulations require property owners to identify asbestos-containing materials before beginning any demolition or renovation activity, so the materials can be properly removed and handled safely,” said Commissioner Martin Suuberg of the Massachusetts Department of Environmental Protection (MassDEP). “Asbestos is a known carcinogen, and following required handling and disposal practices to protect the public health is imperative for any project.”

According to the complaint, West Side Corporation’s in-house workers removed asbestos-containing demolition debris, including floor tiles, textured ceiling plaster and sheet rock, during an April 2014 renovation of West Side House’s human resource office. The company performed this work without giving required pre-work notice to MassDEP and without following required procedures for the proper abatement of asbestos. The in-house workers allegedly removed the asbestos-containing debris without wearing appropriate protective equipment.

The complaint also alleges that in-house workers at the facility rolled open trash barrels containing asbestos debris through a hallway in West Side House and disposed of the waste in a trash compactor outside of the building. The AG’s Office is alleging that West Side Corporation violated the portion of the state’s Public Health Law that addresses air pollution prevention, the state’s Solid Waste Management Act, and these statutes’ implementing regulations.

The regulation of asbestos handling is important to protect human health. Airborne friable asbestos taken into the lungs by breathing may over time cause serious lung diseases, including asbestosis, lung cancer, or mesothelioma. Asbestosis is a serious, progressive, long-term, non-cancer disease of the lungs for which there is no known effective treatment. Lung cancer causes the largest number of deaths related to asbestos exposure. Mesothelioma is a rare form of cancer that is found in the thin membranes of the lung, chest, abdomen, and heart and may not show up until many years after exposure.

The affiliated corporations include Erlin Manor Nursing Home, Inc., d/b/a Blaire House of Tewksbury; St. John’s Nursing Home, Inc., d/b/a Brandon Woods of New Bedford; Dartmouth House Nursing Home, Inc., d/b/a Brandon Woods of Dartmouth; Claflin Hill Corp., d/b/a Blaire House of Milford; Houghton Corporation, d/b/a Blaire House of Worcester; and Island Park Corporation, which operates the Rowley corporate offices where West Side Corporation and other entities are headquartered. According to records of the Secretary of State, Frank C. Romano is the sole officer and director of all of these corporations.

Under the consent judgment, the required asbestos inspections of West Side House and the other affiliated properties, and all necessary asbestos removal, must be conducted promptly by qualified and licensed asbestos professionals, with proper pre-work notice to MassDEP. The consent judgment also requires that if West Side Corporation acquires additional properties within four years, those facilities must also be inspected for asbestos. For all properties covered by the consent judgment, all asbestos-containing debris must be removed, handled, stored and disposed of by licensed personnel and only at properly permitted asbestos disposal facilities. To help avoid future violations, all West Side Corporation personnel who perform any demolition, renovation, repair and/or maintenance work at any of the covered properties must participate in a two-hour Asbestos Awareness Training Course offered by the Massachusetts Department of Labor Standards (DLS) or a DLS-accredited training provider every two years.

Of the $75,000 in civil penalties, $25,000 will be suspended and will be waived if West Side Corporation complies in full with the terms of the Consent Judgment over its full term.

This case has been handled by Assistant Attorney General Fred Augenstern of Attorney General Healey’s Environmental Protection Division, with assistance from various MassDEP personnel, including Greg Levins, Don Heeley and Anne Blackman of MassDEP’s Central Regional Office in Worcester.

Wells Fargo Fined $38,190 for Waste Site Cleanup Violations

The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $38,190 penalty to Wells Fargo Bank, N.A. for violating state oil and hazardous materials cleanup regulations at its property at 27-29 Henry Street in Fitchburg. MassDEP found that the bank failed to take timely action to address a release of heating oil in the building's basement and failed to submit to MassDEP the required documents addressing the spill.

MassDEP was first notified of the release in December 2013 by the Fitchburg Board of Health, but attempts to contact Wells Fargo to address the spill were unsuccessful. In the interest of public safety, MassDEP initiated a state-funded cleanup of the oil spill and issued a written request to Wells Fargo to provide notification and acknowledge continuation of cleanup actions at the site. However, Wells Fargo failed to perform response actions as required, failed to submit required documents to MassDEP, and failed to respond to a subsequent written notice of noncompliance.

In a consent order with MassDEP, Wells Fargo agreed to perform all necessary cleanup actions, establish a point of contact for environmental matters within the Commonwealth and provide that contact information, with instructions in the event of a future release of oil or hazardous materials, to all of its real estate brokers for its properties within the Commonwealth. The heating oil release is now being addressed.

"Wells Fargo failed to respond promptly to an oil release and to provide required documentation despite repeated verbal and written requests by MassDEP," said MaryJude Pigsley, director of MassDEP's Central Regional Office in Worcester. "As a result, Wells Fargo is responsible for addressing the ensuing violations."

Washington Leaders Honored for Reducing Toxics

 

The annual awards honor Washington businesses and organizations for their leadership in reducing the use of toxic chemicals and finding safer alternatives. Four organizations were recognized this year.

 

"By finding safer ingredients, reducing chemical use and becoming more efficient, these organizations are models for their industries," Duff said. "They show that protecting people and the environment is smart business."

The winners:

• Seattle Gymnastics Academy – After learning about the potential health impacts from toxic flame retardant chemicals in the foam used to cushion aspiring gymnasts’ falls, Seattle Gymnastics Academy tested dust and its employees’ skin for these chemicals. The Academy then became the first gym in the United States to replace all of its loose foam with a flame retardant-free alternative.
• Tidal Vision – Working with Washington shellfish processors, this company from Juneau, Alaska, developed an innovative method to extract chitin from crustacean shells, turning crab shells that had gone to waste into a valuable product used in wastewater filtration systems, sponges and textiles. Tidal Vision also worked with a tannery in Buckley to create a tanning process for salmon skin that uses only food-grade ingredients, allowing them to be made into wallets or leather sheets.
• Genzyme – This Lynnwood-based pharmaceutical firm began an orphan chemical program last year to allow off-spec, expired or rejected chemicals to be used by other companies or research institutions, leading to a major cuts in its hazardous waste generation and disposal costs.
• University of Washington, Department of Environmental and Occupational Health Sciences – Staff with the department assessed their laboratory practices to evaluate their chemical use, energy consumption, and waste generation, and investigated the potential chemical hazards of several chemicals of concern. The department also developed a Green Labs webinar series to share what they learned.

EPA Recognizes Hypertherm Inc. as a Top Green Power Partner

As part of EPA’s Green Power Partnership, more than 1,300 organizations are purchasing billions of kilowatt-hours of green power annually, avoiding carbon pollution equal to that created by the electricity use of more than 2.5 million American homes.

In 2014, Hypertherm used green power for 100% of its US-based energy needs by purchasing more than 18 million kilowatt-hours (kWh) of Green-e certified renewable energy certificates (RECs). Given the energy intensity of the industrial goods and services sector, Hypertherm is one of the industry’s only 100% green power users, with 2014 domestic usage equivalent to the annual electricity use of nearly 2,000 average American homes.

“Hypertherm and EPA’s other Green Power Purchasers are driving the development of new renewable energy sources and demonstrating that green power makes good environmental and business sense,” said Curt Spalding, regional administrator of EPA’s New England office. “We applaud their efforts and look forward to other organizations following their lead.”

Hypertherm designs and manufactures plasma, laser, and waterjet cutting products for use in a variety of industries such as shipbuilding, manufacturing, and automotive repair. The company recently opened its first LEED Gold manufacturing facility near its Hanover headquarters. Hypertherm plans to meet an array of environmental sustainability goals by 2020. These goals include producing zero landfill waste, improving the energy efficiency of its global operations by 30%, and reducing the carbon impact of its products by 20%. The company also employs an internal environmental strategy with a measurement and rating system to advance its sustainability aims.

In accepting the award, Hypertherm Vice President of Corporate Social Responsibility Jenny Levy said the company was honored to be included among other environmentally conscious organizations. “Hypertherm’s decision to use green power is a reflection of our long-standing commitment to the environment and lean business principles that include improvement of our energy efficiencies,” Levy explained. “We strongly believe supporting clean energy sources is a sound business decision that not only fits with our broader sustainability strategies but benefits the world at large as we all work to collectively address the effects of climate change.”

 

Sacramento Valley Cemetery Wins EPA Federal Green Challenge Award for Water Conservation

 The award presentation was followed by a turf moisture sensor demonstration and a tour of the cemetery’s irrigation monitoring system.

“California is in the fourth year of a major drought and experiencing one of the driest periods in its recorded history,” said Jared Blumenfeld, EPA Regional Administrator for the Pacific Southwest. “Through innovative technology and planning, the Sacramento Valley National Cemetery was able to conserve water and preserve the green landscaping our veterans and their families deserve.”

“We’re thrilled that our dedicated staff is being recognized by EPA for honoring our veterans’ sacrifices through environmentally sustainable landscape management,” said Cynthia D.F. Nu?ez, Director of the Sacramento Valley National Cemetery. “We’re proud to be able to maintain a beautiful facility worthy of our Nation’s heroes while simultaneously doing what’s right for the environment.”

In 2014, the cemetery purchased a Moisture Monitoring Sensor and Irrigation Control System to measure the moisture of the site’s turf areas and ensure efficient water usage. Additionally, it re-programed the cemetery’s irrigation system to turn off after a rain event, audited their sprinkler system and re-aligned all irrigation heads to ensure that no water was wasted by improper distribution. Overall, it reduced potable water use by nearly 100,000 gallons, and cut water used for landscaping by 22% in just one year—putting it on track to achieve the statewide water conservation goals.

Reducing outdoor water waste is a critical component to meeting the water reduction goals established by Governor Jerry Brown’s 2015 executive order. A typical clock-timer-controlled irrigation system that isn't properly programmed or maintained wastes water. 

The Federal Green Challenge is a national effort under EPA's Sustainable Materials Management Program encouraging federal offices to reduce their environmental impact. Agencies strive for annual improvements in waste, electronics, purchasing, water, energy and transportation. In 2014, agencies diverted over 390,000 tons of waste from landfills, saved nearly 80 million gallons of water, sent 450 tons of end of life electronics to certified recyclers, and saved US taxpayers over $24 million.

The 561-acre Sacramento Valley National Cemetery opened for burials in 2006, and was designed to serve veterans' needs for the next 50 years. The cemetery is 27 miles southwest of Sacramento along Interstate 80 between Dixon and Vacaville.

Vigor Industrial Fined $182,442 for Stormwater Violations

As DEQ’s agent, the City of Portland, Bureau of Environmental Services, approved Vigor Industrial’s plan to install and implement a bio-retention facility for three drainage basins. To date, the company has not installed the bio-retention facility.

DEQ also penalized Vigor Industrial for failing to conduct the required stormwater discharge monitoring during the 2014–2015 monitoring year. DEQ cited Vigor Industrial, without penalty, for failing to generate required reports in response to stormwater benchmark exceedances.

The stormwater discharges from the facility have consistently exceeded statewide benchmark pollutant concentrations. This is why Vigor Industrial is required to install and implement additional stormwater treatment measures. DEQ issued this penalty because benchmark exceedances indicate the presence of harmful levels of industrial pollutants that could enter the Willamette River and pose a risk to human health and aquatic life.

Of the penalty amount, $164,827 represents the economic benefit the business gained by avoiding spending the resources necessary for permit compliance. If Vigor Industrial complies with the permit, DEQ could recalculate the economic benefit as delayed, rather than avoided. This may result in a penalty reduction.

Kettle Foods Inc. Fined for Repeat Pollution Monitoring Violations

On October 16, the Oregon Department of Environmental Quality issued a civil penalty of $8,856 to Kettle Foods, Inc., of Salem for failing to monitor for pollutants as required by the company’s National Pollutant Discharge Elimination System Stormwater Discharge Permit. The violations occurred at the company’s facility located in Salem, Oregon.

DEQ issued the penalty because the company failed to analyze its stormwater discharge for biochemical oxygen demand at three outfalls between January 1 and July 31, 2015.

DEQ is particularly concerned about the violations because the company received a civil penalty for a similar violation during the 2013–14 monitoring year. The company has until November 9 to appeal the penalty.

Environmental News Links

 

Trivia Question of the Week

 

Top mounted freezers are more energy efficient than side-by-side models.

a) True

b) False