“EPA’s use of cost effective advanced chemical screening techniques has transformed this country’s knowledge of the safety of almost 2,000 chemicals currently in use,” said Lek Kadeli, acting assistant administrator for EPA’s Office of Research and Development. “Today’s release marks an important milestone in communicating and improving our understanding of the impact chemicals have on human health and the environment.”
As part of this data release, EPA is announcing the ToxCast Data Challenges, a series of challenges inviting the science and technology community to work with the data and provide solutions for how the new chemical screening data can be used to predict potential health effects. Challenge winners will receive awards for their innovative research ideas.
The data were gathered through advanced techniques, including robotics and high-throughput screening, as part of an ongoing federal collaboration to improve chemical screening.
“Making these data publicly available will help researchers across disciplines to better identify hazardous chemicals, “ said Raymond Tice, Ph.D., who heads the Biomolecular Screening Branch at the National Institute of Environmental Health Sciences (NIEHS), part of NIH. “We are pleased to be a partner in these collaborative efforts and look forward to further enhancing the amount of Tox21 data available to the public.”
“Our robotics screening system is an integral part of the Tox21 effort as it provides unparalleled speed, reliability and high-quality reproducible data,” said Anton Simeonov, Ph.D., who is the Tox21 lead at the National Center for Advancing Translational Sciences. “The public release of Tox21 data is sure to accelerate chemical assessment.”
Only a fraction of chemicals in use in the United States have been adequately assessed for potential risk. This information is useful for prioritizing chemicals for potential risk as well as predicting if chemical exposures could lead to adverse health effects.
Cleveland RCRA and DOT Training
Raleigh RCRA, DOT, IATA/IMO, and SARA Training
Cary HAZWOPER and OSHA GHS Training
How to Implement OSHA’s Globally Harmonized Hazard Communication Standard
OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, material safety data sheet (now called “safety data sheet” or SDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on SDSs.
Natural Gas Saves Water and Reduces Drought Vulnerability, Even When Factoring in Water Lost to Hydraulic Fracturing
A new study finds that in Texas, the US state that annually generates the most electricity, the transition from coal to natural gas for electricity generation is saving water and making the state less vulnerable to drought.
Even though exploration for natural gas through hydraulic fracturing requires significant water consumption in Texas, the new consumption is easily offset by the overall water efficiencies of shifting electricity generation from coal to natural gas. The researchers estimate that water saved by shifting a power plant from coal to natural gas is 25 to 50 times as great as the amount of water used in hydraulic fracturing to extract the natural gas. Natural gas also enhances drought resilience by providing so-called peaking plants to complement increasing wind generation, which doesn’t consume water.
The researchers estimate that in 2011 alone, Texas would have consumed an additional 32 billion gallons of water—enough to supply 870,000 average residents—if all its natural gas-fired power plants were instead coal-fired plants, even after factoring in the additional consumption of water for hydraulic fracturing to extract the natural gas.
Hydraulic fracturing is a process in which water, sand, and chemicals are pumped at high pressure into a well to fracture surrounding rocks and allow oil or gas to more easily flow. Hydraulic fracturing and horizontal drilling are the main drivers behind the current boom in US natural gas production.
Environmentalists and others have raised concerns about the amount of water that is consumed. In Texas, concerns are heightened because the use of hydraulic fracturing is expanding rapidly while water supplies are dwindling as the third year of a devastating drought grinds on. Because most electric power plants rely on water for cooling, the electric power supply might be particularly vulnerable to drought.
To study the drought resilience of Texas power plants, Scanlon and her colleagues collected water use data for all 423 of the state’s power plants from the Energy Information Administration and from state agencies including the Texas Commission on Environmental Quality and the Texas Water Development Board, as well as other data.
Since the 1990s, the primary type of power plant built in Texas has been the natural gas combined cycle (NGCC) plant with cooling towers, which uses fuel and cooling water more efficiently than older steam turbine technologies. About a third of Texas power plants are NGCC. NGCC plants consume about a third as much water as coal steam turbine (CST) plants.
The other major type of natural gas plant in the state is a natural gas combustion turbine (NGCT) plant. NGCT plants can also help reduce the state’s water consumption for electricity generation by providing “peaking power” to support expansion of wind energy. Wind turbines don’t require water for cooling; yet wind doesn’t always blow when you need electricity. NGCT generators can be brought online in a matter of seconds to smooth out swings in electricity demand. By combining NGCT generation with wind generation, total water use can be lowered even further compared with coal-fired power generation.
The study focused exclusively on Texas, but the authors believe the results should be applicable to other regions of the US, where water consumption rates for the key technologies evaluated—hydraulic fracturing, NGCC plants with cooling towers and traditional coal steam turbine plants—are generally the same.
The Electric Reliability Council of Texas, manager of the state’s electricity grid, projects that if current market conditions continue through 2029, 65% of new power generation in the state will come from NGCC plants and 35% from natural gas combustion turbine plants, which use no water for cooling, but are less energy efficient than NGCC plants. “Statewide, we’re on track to continue reducing our water intensity of electricity generation,” says Scanlon.
Hydraulic fracturing accounts for less than 1% of the water consumed in Texas. But in some areas where its use is heavily concentrated, it strains local water supplies, as documented in a 2011 study by Jean-Philippe Nicot of the Bureau of Economic Geology. Because natural gas is often used far from where it is originally produced, water savings from shifting to natural gas for electricity generation might not benefit the areas that use more water for hydraulic fracturing.
Scanlon’s co-authors at the Bureau of Economic Geology are Ian Duncan, research scientist, and Robert Reedy, research scientist associate.
The Jackson School helped fund the research along with the State of Texas Advanced Resource Recovery (STARR) program, a state-funded program managed by the Bureau of Economic Geology.
EPA Rule Provides a Clear Pathway for Using Carbon Capture and Sequestration Technologies
“Carbon capture and sequestration technology can help us reduce carbon pollution and move us toward a cleaner, more stable environment,” said Mathy Stanislaus, EPA assistant administrator for Solid Waste and Emergency Response. “Today’s rule provides regulatory clarity to help facilitate the implementation of this technology in a safe and responsible way.”
CCS technologies allow carbon dioxide to be captured at stationary sources—like coal-fired power plants and large industrial operations—and injected underground for long-term storage in a process called geologic sequestration.
The new rule clarifies that carbon dioxide streams captured from emission sources, injected underground via UIC Class VI wells approved for the purpose of geologic sequestration under the Safe Drinking Water Act, and meeting certain other conditions (e.g., compliance with applicable transportation regulations), will be excluded from EPA’s hazardous waste regulations. Further, EPA clarifies that carbon dioxide injected underground via UIC Class II wells for enhanced oil recovery (EOR) is not expected to be a waste management activity.
EPA concluded that the careful management of carbon dioxide streams under the specified conditions does not present a substantial risk to human health or the environment. EPA’s determination will help provide a clear pathway for the deployment of CCS technologies in a safe and environmentally protective manner while also ensuring protection of underground sources of drinking water.
The recent rule is complementary to previous EPA rulemakings, including Safe Drinking Water Act regulations that ensure the Class VI injection wells are appropriately sited, constructed, tested, monitored, and closed.
The comment period for the draft guidance is 75 days.
Energy Company Agrees to Pay $3.2 Million Penalty to Resolve Clean Water Violations
The Department of Justice and the EPA announced recently that Chesapeake Appalachia, LLC, a subsidiary of Chesapeake Energy, the nation’s second largest natural gas producer, will spend an EPA-estimated $6.5 million to restore 27 sites damaged by unauthorized discharges of fill material into streams and wetlands and to implement a comprehensive plan to comply with federal and state water protection laws at the company’s natural gas extraction sites in West Virginia, many of which involve hydraulic fracturing operations.
The company will also pay a civil penalty of $3.2 million, one of the largest ever levied by the federal government for violations of Section 404 of the Clean Water Act (CWA), which prohibits the filling or damming of wetlands, rivers, streams, and other waters of the United States without a federal permit.
“With this agreement, Chesapeake is taking important steps to comply with state and federal laws that are essential to protecting the integrity of the nation’s waters, wetlands, and streams,” said Robert G. Dreher, Acting Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division. “We will continue to ensure that oil and gas development, including development through the use of hydraulic-fracturing techniques, complies with the Clean Water Act and other applicable federal laws.”
“Wetlands and streams serve important roles in the aquatic ecosystem by supporting aquatic life and wildlife. Wetlands also play a valuable role in recharging our groundwater and drinking supplies, and reducing flood risks,” said EPA Regional Administrator Shawn M. Garvin. “This case sends a clear message that EPA and other federal and state regulatory agencies will do what is necessary to ensure compliance with the Clean Water Act and to protect these valuable resources and the health of our communities.”
The federal government and the West Virginia Department of Environmental Protection (WVDEP) allege that the company impounded streams and discharged sand, dirt, rocks and other fill material into streams and wetlands without a federal permit in order to construct well pads, impoundments, road crossings, and other facilities related to natural gas extraction. The alleged violations being resolved by the settlement occurred at 27 sites located in the West Virginia Counties of Boone, Kanawha, Lewis, Marshall, Mingo, Preston, Upshur, and Wetzel, including 16 sites involving hydraulic fracturing operations. The government alleges that the violations impacted approximately 12,000 linear feet of stream, or approximately 2.2 miles, and more than three acres of wetlands.
The settlement requires that the company fully restore the wetlands and streams wherever feasible, monitor the restored sites for up to 10 years to assure the success of the restoration, and implement a comprehensive compliance program to ensure future compliance with the CWA and applicable state law. To offset the impacts to sites that cannot be restored, the company will perform compensatory mitigation, which will likely involve purchasing credits from a wetland mitigation bank located in a local watershed.
The alleged violations being resolved by the settlement occurred at 27 sites located in the West Virginia Counties of Boone, Kanawha, Lewis, Marshall, Mingo, Preston, Upshur, and Wetzel. EPA discovered some of the violations through information provided by the public and routine inspections. In addition, the company voluntarily disclosed potential violations at 19 of the sites following an internal audit. In 2010 and 2011, EPA issued administrative compliance orders for violations at 11 sites. Since that time, the company has been correcting the violations and restoring those sites in full compliance with EPA’s orders.
The settlement also resolves alleged violations of state law brought by WVDEP. The state of West Virginia is a co-plaintiff in the settlement and will receive half of the civil penalty.
In a related case, in December 2012, the company pleaded guilty to three violations of the CWA related to natural gas extraction activity in Wetzel County, at one of the sites subject to the settlement. The company was sentenced to pay a $600,000 penalty to the federal government for discharging crushed stone and gravel into Blake Fork, a local stream, to create a roadway to improve access to a drilling site. The company has already fully restored the damage done to the site.
Filling wetlands illegally and damming streams can result in serious environmental consequences. Streams, rivers, and wetlands benefit the environment by reducing flood risks, filtering pollutants, recharging groundwater and drinking water supplies, and providing food and habitat for aquatic species.
Chesapeake Appalachia engages in the exploration and production of natural gas in the Appalachian Basin. The company has oil and natural gas properties in West Virginia, Pennsylvania, and Ohio.
Oregon Companies Settle with EPA for Illegal Disposal of Millions of Pounds of Reactive Hazardous Waste
Oregon Metallurgical of Albany, Oregon, and TDY Industries of Millersburg, Oregon, have agreed to pay a combined total of $825,000 in civil penalties to resolve alleged violations related to improper storage, transportation, and disposal of anhydrous magnesium chloride, a reactive hazardous waste that can pose serious fire and explosion threats.
In addition to the penalty, the companies must improve hazardous waste management practices and upgrade recordkeeping on the hazardous wastes generated at each facility to ensure proper management and avoid potential accidents and injuries.
EPA estimates that the companies illegally shipped approximately 160,000,000 lb of this hazardous waste to Oregon landfills that were not equipped or permitted to dispose of untreated reactive wastes.
The facilities produce and process titanium and zirconium, which generates large quantities of anhydrous magnesium chloride as a byproduct. Anhydrous magnesium chloride is a reactive hazardous waste regulated under RCRA. Anhydrous magnesium chloride can react violently when it comes into contact with water, producing large amounts of heat as well as hydrogen and hydrogen sulfide gas in potentially toxic and flammable quantities.
Mining and mineral processing facilities such as these two facilities generate more toxic and hazardous waste than any other industrial sector. If not properly managed, these wastes pose a high risk to human health and the environment. EPA’s enforcement program will continue to focus on reducing risks associated with hazardous waste operations at mineral processing facilities.
Oregon Metallurgical and TDY Industries are wholly owned subsidiaries of Allegheny Technologies, Inc., headquartered in Pittsburgh, Pennsylvania.
The proposed consent decree filed on Friday, December 13, 2013 in Federal District Court for the District of Oregon is subject to a 30-day public comment period and final court approval.
Florida Pesticide Producer to Pay $1.7 Million Penalty for Selling Misbranded Pesticides
Harrell’s LLC, a pesticide producer based in Lakeland, Florida, has agreed to pay $1,736,560 in civil penalties for allegedly distributing and selling misbranded pesticides and other violations of the Federal Insecticide, Fungicide, and Rodenticide Act (). The penalty is one of the largest ever for an enforcement case under FIFRA.
“The law requires that pesticides be labeled to help prevent any harm to people and the environment,” said Cynthia Giles, EPA’s Assistant Administrator of EPA’s Office of Enforcement and Compliance Assurance. “Pesticides can be highly toxic to fish and other wildlife and can contaminate our drinking water. Proper labeling is critical to ensure that people know how to use them correctly and safely."
In the settlement, which was approved by EPA’s Environmental Appeals Board, the agency alleged that Harrell’s violated FIFRA on numerous occasions between 2010 and 2012, allegedly distributing or selling pesticides over 350 times without labels or with labels that were completely illegible. EPA also alleged that the company distributed or sold pesticides in violation of a prior “stop sale” order issued by EPA, and produced large amounts of pesticides over several years at its Alabama facility before registering with EPA. The agency discovered the violations during field inspections conducted in 2012.
The company has corrected all of the violations. Harrell’s produces pesticides at facilities in Sylacauga, Alabama and Lakeland, Florida and operates distribution centers in Danbury, Connecticut; Auburn, Massachusetts; Lombard, Illinois; New Hudson, Michigan; Homestead, Florida; Whitestown, Indiana; and in the cities of Butler and York, Pennsylvania. Harrell’s sells most of its products to golf courses and some to the horticulture, nursery, turf, and landscape sectors.
The company does not sell products to individual consumers or to retail stores. In addition to producing its own pesticides, Harrell’s also produces and sells pesticides that are registered with EPA by other companies, acting as a supplemental distributor.
The EPA is focusing national enforcement efforts on these activities because, in many cases, the agency has found that labels on pesticides produced and sold by supplemental distributors often lack critical information required by law, which increases the risk of harm from potential misuse of the product. The purpose of FIFRA is to ensure that no pesticides are produced, imported, distributed, sold, or used in a manner that pose an unreasonable risk to human health or the environment. Without proper facility registration and reporting, EPA cannot determine where and in what manner pesticides and devices are being produced, sold, and distributed.
Par Mar Oil Co. Settles Underground Storage Tank Violations at Two Huntington Facilities
EPA cited the company for not complying with safeguards designed to prevent, detect, and control leaks of petroleum and other hazardous substances from USTs. Federal and state regulations require cathodic protection testing every three years, and that cathodic protection be continuously maintained.
The alleged violations were at two facilities in Huntington (Par Mar # 36, on 2207 8th Ave.; and Par Mar #37, at 3217 Washington Blvd.) which have a total of nine USTs used to store gasoline, diesel fuel, and kerosene. The company allegedly failed to perform required cathodic protection testing at these facilities for four to five years, failed to timely repair cathodic protection for a tank at one facility for a year and did not repair it for flexible piping at the other facility for about three months. EPA cited the company after an inspection and a subsequent request for information.
With millions of gallons of petroleum products and hazardous substances stored in USTs throughout the US, leaking tanks are a major source of soil and groundwater contamination. EPA and state UST regulations are designed to reduce the risk of underground leaks and to promptly detect and properly address leaks thus minimizing environmental harm and avoiding the costs of major cleanups.
As part of the settlement, the company did not admit liability for the alleged violation. The settlement penalty reflects the company’s cooperation with EPA in correcting the alleged non-compliance and resolving this matter.
Darigold Failed to Report Chlorine Gas Release in Portland to Authorities in Timely Manner
Darigold, Inc., failed to immediately notify federal and state emergency authorities of a chlorine gas release in 2012 at a milk facility in Portland, Oregon, according to a settlement with the EPA. By law, facilities are required to report hazardous releases to state and federal emergency response authorities in a timely manner. The facility produces ultra pasteurized milk products.
“Emergency responders need to know immediately when a hazardous release occurs so they can protect the public,” said Kelly McFadden, Manager of the Pesticides and Toxics Unit in EPA’s Office of Compliance and Enforcement. “This facility is located in a populated urban area. Chlorine gas is extremely harmful to breathe. In this case, the facility was evacuated two separate times and twelve people were hospitalized.”
Eight Darigold employees, a truck driver, two contractors and a person who was driving by at the time of the incident were sent to the hospital.
On the morning of May 30, 2012, a truck driver arrived to off-load a nitric acid and phosphoric acid-based chemical solution that is used for sanitizing at the facility. The driver improperly connected the hose from the truck containing the chemical solution to a tank containing sodium hydroxide and sodium hypochlorite, resulting in a violent chemical reaction and the chlorine gas release.
Darigold became aware of the release at 10:16 a.m. and notified the fire department at 10:31 a.m. but failed to immediately notify state and federal emergency response authorities. The chlorine gas release continued until about 4:00 p.m.
Federal law requires that facilities immediately report chemical releases exceeding certain thresholds to federal, state and local authorities. For chlorine gas, the threshold is ten lb. The Darigold facility released about 166 lb in this incident.
Chlorine gas is highly toxic and can cause burning of the eyes, nose, and mouth, as well as nausea, dizziness, vomiting, respiratory impacts, and death.
The facility violated the Comprehensive Environmental Response, Compensation, and Liability Act, and the Emergency Planning and Community Right-to-Know Act.
Darigold has agreed to pay over $42,000 to settle the violations.
Following Fatal Blast, Metal Recycler Required to Invest Company-Wide Protections to Prevent Future Accidental Chemical Releases
EPA recently that AL Solutions, a West Virginia-based metal recycler, has agreed to implement extensive, company-wide safeguards to prevent future accidental releases of hazardous chemicals from its facilities, resolving alleged Clean Air Act violations (CAA) stemming from an explosion at the company’s New Cumberland, West Virginia, facility that killed three people.
“Since the explosion, EPA and OSHA have been working together to coordinate our investigations and share information,” said EPA Regional Administrator Shawn M. Garvin. “Our combined efforts have resulted in settlements that provide a comprehensive framework for the company to build cutting-edge safeguards into its processes in order to protect people and the environment.”
AL Solutions recycles titanium and zirconium raw materials for use as alloying additives by aluminum producers. The company currently operates facilities located in New Cumberland and Weirton, West Virginia; Burgettstown, Pennsylvania; and Washington, Missouri.
In December 2010, three employees who had been handling zirconium powder at the company’s former plant in New Cumberland, West Virginia, died following an explosion, which may have been caused by an accidental release of the chemical. Debris from the explosion, which destroyed the production area of the facility, was scattered into the yards of local residents. Earlier this year, the company opened a new, automated facility in Burgettstown, Pennsylvania, which includes modern technology to safeguard employees and reduce exposure to hazardous metallic dust.
The EPA estimates that the company will spend approximately $7.8 million to implement extensive measures to ensure compliance with environmental requirements, assess the potential hazards associated with existing and future operations, and take measures to prevent accidental releases and minimize the consequences of releases that may occur. In consultation with EPA, the company has already completed significant portions of the work required by the settlement and a prior administrative order.
Among other requirements, AL Solutions must use advanced monitoring technology, including hydrogen monitoring and infrared cameras, to assess hazardous chemical storage areas to prevent fires and explosions. They must also process or dispose of approximately 10,000 drums of titanium and zirconium, or 2.4 million lb, being stored at facilities in New Cumberland and Weirton, West Virginia both of which are overburdened communities, by December 2014 to reduce the risk of fire and explosion.
The company will also pay a $100,000 civil penalty to resolve the alleged CAA violations documented during EPA inspections of the New Cumberland, West Virginia and Washington, Missouri, facilities following the explosion. At the Washington facility, inspectors noted evidence of previous fires, burned insulation, fire-affected wiring, and titanium sludge covering large areas of the floor.
EPA’s complaint alleged that AL Solutions failed to conduct adequate hazard analyses, and failed to design and maintain the facilities to take account of the extremely hazardous substances there by providing safeguards consistent with industry codes and standards relating to these substances. The State of West Virginia is expected to file a separate complaint soon alleging that the company violated various provisions related to the unlawful storage of waste at the New Cumberland facility.
In a related action, AL Solutions recently agreed to pay the US Department of Labor a total of $97,000 to resolve alleged violations of OSHA. The OSHA settlement, which is subject to final approval by an Administrative Law Judge, requires expanded abatement measures that are consistent with the safeguards in EPA’s settlement to provide ongoing worker safety protection at the company’s four facilities. These measures require adequate fire detection systems, process hazard analyses for production areas, regular safety and health inspections, and restrictions on stockpiling combustible materials.
Since the explosion, EPA and OSHA have coordinated their investigations and shared information, which has resulted in settlements designed to protect workers, communities, and the environment.
The EPA’s proposed consent decree filed recently in federal district court in the Northern District of West Virginia is subject to a 30-day public comment period and final court approval.
EPA Fines Agricultural Products Companies $74,880 for Pesticide Violations
San Francisco, California-based agricultural products company Wilbur-Ellis must pay $62,080 in civil penalties and, separately, Collierville, Tennessee-based agricultural products company Helena Chemical must pay $12,800 in civil penalties. Both companies had multiple violations under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which regulates the distribution, sale and use of pesticides in the US.
“Failing to meet standards for properly managing pesticides puts workers and the environment at risk,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Regulated facilities must ensure that protection of our health and environment is a top priority.”
The violations were found during April 2011, January 2012, and January 2013 inspections conducted by the California Department of Pesticide Regulation and the Arizona Department of Agriculture, and have since been corrected.
Wilbur-Ellis facilities in Glenn, California; Hughson, California; and Buckeye, Arizona; had unsealed cracks in the floors and/or walls of the facilities’ pesticide containment areas, and, in addition, the Glenn facility was found to have an undersized containment area. The company’s Glenn and Hughson facilities were found to have improper safeguards for pesticide equipment, such as hoses and valves, which increases the risk of a pesticide release to the environment. Additionally, the Hughson facility was improperly using an external site gauge to monitor levels of liquid pesticide in a storage tank, a violation that increases the risk of a pesticide release. Further, Wilbur-Ellis was also cited for inadequate tank labeling, recordkeeping, and inspection documentation.
Helena Chemical’s Hanford, California pesticide repackaging facility was found to have an inadequate containment area for potential pesticide spills that may occur during offloading of pesticides from trucks, and inadequate safeguards for pesticide equipment, which increase the risk of a pesticide release to the environment.
In total, Helena Chemical and Wilbur-Ellis operate hundreds of pesticide facilities nationwide.
EPA Settles Cases Against Two Eastern Sandusky County Companies for Chemical Reporting Violations
EPA recently announced separate settlements with Palmer Brothers Transit Mix Concrete, Inc., and Revere Plastics Systems to resolve alleged violations of the federal Emergency Planning and Community Right-to-Know Act in Sandusky County, Ohio.
The Palmer Brothers settlement resolves allegations that the firm failed to provide state and local authorities with required information about hazardous materials such as slag, cement, and calcium chloride at the company’s Fremont facility. Earlier this month, Palmer Brothers agreed to pay a $12,574 administrative penalty and to spend more than $60,000 to reduce blowing dust (particulate matter) by nine tons annually.
The Revere Plastics settlement resolves allegations that the firm failed to report releases of decabromodiphenyl oxide and antimony compounds (fire retardants) that occurred from 2007–2010 at the company’s facility in Clyde. Revere agreed to pay a $118,750 administrative penalty. Earlier this year, Revere Plastics paid a $61,756 administrative penalty to resolve alleged violations of federal requirements to report information about the company’s inventories of sulfuric acid and lead to state and local authorities.
Massachusetts Company Pays Fine after Violating Federal Hazardous Waste Laws
A paint manufacturer in Chicopee, Massachusetts, has agreed to pay a penalty of $153,917 to resolve claims by the EPA that it violated federal hazardous waste laws.
In an agreement signed recently with EPA’s New England office, C & C Ventures, also known as Randolph Products, agreed to pay the penalty and to comply with the federal Resource Conservation and Recovery Act (RCRA).
Last June, EPA filed a complaint against the company alleging violations of hazardous waste management laws. C&C Ventures manufactures a variety of paint products at its Chicopee, Massachusetts, facility. Its violations included: failure to properly identify hazardous wastes; failure to properly label and store hazardous waste containers; and failure to train personnel who manage hazardous waste.
Hazardous waste regulations under RCRA are designed to ensure that operating facilities manage hazardous wastes in an environmentally sound manner from “cradle to grave” in order to prevent releases that could pose risks to human health and the environment. Manufacturing facilities often generate hazardous wastes during production, and those wastes must be properly managed and disposed of.
Since EPA’s discovery of the alleged violations at the Chicopee, Massachusetts, company, over 40,000 lb of hazardous waste have been shipped off site to a licensed hazardous waste facility. In addition to paying a penalty totaling $153,917 for violations of RCRA, C&C Ventures has also worked to come into compliance so as to continue protecting human health and the environment in the future by:
- Properly determining whether or not wastes are hazardous
- Properly labeling and storing hazardous waste containers
- Providing hazardous waste training to employees
- Conducting weekly inspections of hazardous waste storage areas
West Haven, Connecticut Fined for Illegal Sewage Discharges
A major settlement involving federal and state regulators and the City of West Haven, Connecticut, will significantly reduce illegal discharges of raw sewage into the environment throughout West Haven from the City’s wastewater collection system. The agreement is between the EPA, the US Department of Justice, the Connecticut Department of Energy and Environmental Protection, the Connecticut Attorney General’s Office, and the City of West Haven.
Under terms of the settlement, the City will reduce illegal raw sewage overflows from their wastewater collection system, which previously has been discharged to area waterways including New Haven Harbor and the Long Island Sound, in violation of the federal Clean Water Act. The City will also pay a fine of $125,000. The fine will be split equally between the United States and the State of Connecticut. Because Connecticut law allows for “penalties” to be used to fund environmental projects, the State’s half of the penalty ($62,500) will be paid into a fund to be used to pay for environmentally beneficial projects.
“By taking strong steps to eliminate raw sewage that is being discharged into rivers and streams that flow into New Haven Harbor and Long Island Sound, we are both cleaning the environment and enhancing the recreation opportunities in these areas,” said Curt Spalding, regional administrator of EPA’s New England office. “It is encouraging that the City agreed to quickly settle this case and move ahead with the important work of remedying the problems in their wastewater collection system that have contributed to these untreated discharges.”
“We recognize West Haven’s diligent efforts to resolve these Clean Water Act violations,” said US Attorney Deirdre M. Daly. “The agreed upon remediation measures will in particular benefit minority and low income neighborhoods where many of the sewage overflows occurred. West Haven’s corrective steps should help to prevent future overflows in these residential areas and make recreation in local waterways safer for residents.”
Under the terms of the settlement, the City will reduce illegal raw sewage overflows from their wastewater collection system, which previously has been discharged to area waterways including New Haven Harbor and the Long Island Sound, in violation of the federal Clean Water Act. In addition, the City will implement an “operations and maintenance” program and a long-term preventative maintenance program to ensure the City’s sanitary collection system remains properly functioning. The City must also implement a program to reduce the amount of fats, oils, and grease that get into the collection system from restaurants. The introduction of these waste products into the sanitary collection system often accumulate, causing blockages, resulting in illegal discharges of sewage into streets, surface waters, and even basements of homes and businesses. Finally, the settlement requires the City to conduct modeling, investigations, and assessments necessary to determine how best to reduce extraneous flow from entering the sanitary collection system.
“We are pleased that our precious resources on Long Island Sound will be improved by West Haven’s efforts to reduce sewage discharges,” said Connecticut’s Deputy Attorney General Perry Zinn Rowthorn. “The settlement serves as a reminder of the importance of proper maintenance and operation of all municipal sewage treatment plants. We applaud West Haven for accepting that responsibility through this settlement. The Long Island Sound ecosystem is a unique and irreplaceable environmental resource, critical to our economy. It must be protected. Using half of West Haven’s penalty for an environmentally beneficial project provides an additional benefit for everyone.”
“The steps that West Haven have agreed to take are going to have a significant beneficial impact on the environmental health of New Haven Harbor and Long Island Sound,” said DEEP Commissioner Daniel C. Esty. “We appreciate the cooperation of the city and their recognition of the importance of taking these actions. Long Island Sound is Connecticut’s greatest natural resource – it requires true cooperation from the local, state, and federal partners that are responsible for its continued protection.”
EPA’s investigations had documented that the City reported over 300 discharges of sewage from its collection system between January 2007 and June 2011. The discharges occurred primarily during wet-weather when the capacity of the wastewater collection system was exceeded by groundwater and rainwater that infiltrates the system. Blockages in the collection systems, particular from fats, oil, and grease, have also resulted in dry-weather raw sewage overflows.
Properly designed, operated, and maintained sanitary sewer systems collect and convey sewage to a wastewater treatment facility prior to discharge. However, discharges of raw sewage from municipal sanitary sewers can occur.
These types of discharges, called sanitary sewer overflows (SSOs), have a variety of causes, including insufficient conveyance and treatment capacity that occurs, in part, due to clean water that infiltrates into collection systems through defects in the system or clean water that is improperly discharged directly to wastewater collection systems through cross connections with storm sewers and by individual homeowners through sump pumps, roof leaders or down spouts, yard and foundation drains.
Sanitary sewer overflows also occur due to the improper discharge of fats, oils and grease to the collection system, debris deposits and root intrusion associated with improper system operation and maintenance, electrical and mechanical failures and vandalism. The untreated sewage from these overflows can contaminate our waters, causing serious water quality problems. Raw sewage discharges can carry bacteria, viruses, and other organisms that can cause life-threatening ailments such as cholera, dysentery, infections, hepatitis, and severe gastroenteritis.
Government officials had been working closely with members of West Haven’s previous administration, to resolve these violations and enter into the consent decree. Staff from the office of new Mayor Edward O’Brien, who began his term on December 1st, have indicated their recognition of the importance of eliminating SSOs by implementing the terms of the settlement agreement.
Vitasoy USA Inc. Pays $10,995 Penalty for Violating Air Pollution Control and Industrial Wastewater Regulations
Vitasoy USA, Inc., a large processor of soybeans with a manufacturing plant at One New England Way in Ayer, will pay a $10,995 penalty and install a sophisticated industrial wastewater pretreatment system to comply with Massachusetts Department of Environmental Protection (MassDEP) Air Pollution Control and Industrial Wastewater regulations.
MassDEP and local officials have received and verified numerous complaints of odors emanating from Vitasoy’s operations, most often caused by an existing overloaded industrial wastewater pretreatment system. In addition to the odors, the company has discharged industrial wastewater to the Ayer sewage treatment plant in excess of pollutant limitations set by the treatment plant officials.
In a consent order with MassDEP, the company agreed to design and install a new, industrial pretreatment system that, along with other process modifications, will lead to compliance with the air and wastewater regulations.
“This company tried many things to attain compliance, but an upgraded pretreatment system is needed,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester. “It is the intent of this action that Vitasoy’s operations will no longer create nuisance odors in the surrounding neighborhood.”
Saint-Gobain Plastics Assessed $1,730 Penalty for Hazardous Waste Management Violations
Saint-Gobain Performance Plastics Corporation, which operates a coating facility at 717 Plantation Street in Worcester, Massachusetts, has been assessed penalties totaling $6,900 by the Massachusetts Department of Environmental Protection (MassDEP) for violating Hazardous Waste regulations.
During a routine inspection conducted in the fall of 2012, MassDEP determined the company had accumulated hazardous waste for longer than the time allowed under its registered generator status. As part of a consent order with MassDEP, the company will pay a $1,730 penalty and perform a Supplemental Environmental Project in lieu of paying a larger penalty amount.
The project includes the purchase of four iPads and associated hardware and software that will be given to the Worcester Fire Department. The iPads will allow first-responders to access a chemical database web site while in the field, providing them with detailed chemical datasheets within seconds.
“The company, once notified of the violation, took steps quickly to return to compliance and proposed the Supplemental Environmental Project,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester. “The iPads will be a great resource for the Worcester Fire Department and greatly assist in their response to certain emergency situations.”
Cass County and Tri-City Paving Penalized for Stormwater Violations
The Minnesota Pollution Control Agency (MPCA) has penalized Cass County and Tri-City Paving for stormwater violations resulting from a culvert replacement project on County Highway 17, about four miles west of Pequot Lakes, Minnesota.
According to MPCA staff inspection reports, violations included failing to install sediment control structures around the project perimeter, and improperly dewatering the site into area wetlands and nearby Mayo Creek. These violations allowed sediment and sediment-laden runoff to enter the wetlands and the creek.
The violations were discovered during inspections in August 2012. In addition to paying a $38,000 penalty, the construction site was brought into compliance with stormwater rules and regulations before the project was completed.
Crow Wing County and Anderson Brothers Penalized for Stormwater Violations
The Minnesota Pollution Control Agency (MPCA) has penalized Crow Wing County and Anderson Bros. Construction for stormwater violations resulting from a road realignment and roundabout project near Nisswa, Minnesota.
According to MPCA staff inspection reports, violations included failing to install adequate sediment control structures before beginning work, failing to install silt fencing around the base of soil stockpiles, placing stockpiles adjacent to area wetlands, and washing concrete off of equipment directly on the ground instead of in proper containers or on liners. These violations allowed sediment and sediment-laden runoff to enter area wetlands.
The violations were discovered during inspections in August and September 2012. In addition to paying a $12,000 penalty, the construction site was brought into compliance with stormwater rules and regulations before the project was completed.
Pennsylvania DEP Launches New Interactive Online Oil and Gas Well Mapping Tool
The Department of Environmental Protection announced recently that it has published a new online “Oil and Gas Mapping Tool” on its website.
“We understand how important it is for Pennsylvanians to have access to as much information as possible about the oil and gas industry in Pennsylvania,” DEP Secretary Chris Abruzzo said. “For this reason, DEP created this easy-to-use tool to promote knowledge sharing, increase transparency and provide convenient access to well data.”
The online mapping tool displays the location of wells across Pennsylvania and allows users to search and view specific types of wells by county, such as conventional gas, unconventional gas, oil, or coal bed methane wells. Users are also able to filter search results based on the status of the well by selecting active, plugged or abandoned.
After search filters are applied, users will have the ability to view wells via satellite photo view, topographic map view or animated map view. Once an individual well is selected, the mapping tool will display relevant data about the well, such as the operator name, well permit number, location information such as county and township, and name of the well. Users will also be able to click the well permit number to view the production and waste data reported for the selected well.
In the future, the mapping tool will provide all records and data collected by the department associated with each individual well across the state. This information could include well permit documents, well drawings and maps, well records, completion reports, hydraulic fracturing chemicals used to stimulate the well, inspection reports and photographs of the well and well site.
Washington State Adopts Emergency Rule for Oil Contingency Planning
The Washington Department of Ecology (Ecology) filed an emergency rule recently that amends the Oil Spill Contingency Plan.
The emergency rule reflects changes in federal regulations. Also, in its current form, the rule language and definitions do not provide Ecology with clear regulatory authority over certain contingency plans.
Federal regulations will soon require cargo vessels to develop plans for how to respond to oil spills. Ecology is amending and clarifying its rule to ensure strong coordination between federal and state programs.
Ecology also found inconsistencies within the state Oil Spill Contingency Plan (WAC 173-182), and inconsistencies between the rule and applicable statue (RCW 88.46.060). Until recently, only non-profit corporations that develop oil spill plans for large commercial vessels have been approved by Ecology to cover multiple vessels under one plan. The current rule will be updated so that all corporations adhere to the same requirements.
“The amendments are necessary to protect public health and the environment by ensuring all vessel owners follow the laws and have the right resources in the event of an oil spill,” said Dale Jensen, Spills Program manager. “In its current form, the language and definitions don’t provide clear regulatory direction to certain contingency plans.”
Jensen said amending the rule ensures all plans are subjected to the same requirements, regardless of who, or what type of organization, submits a plan for approval.
The emergency rule will be in place for 120 days. Ecology will file for a permanent rule near the end of December.
Changes to Washington’s State Environmental Policy Act Proposed
After months of working in partnership with the State Environmental Policy Act (SEPA) advisory committee, the Department of Ecology has submitted proposed changes to the statewide rule. The changes submitted to the Office of the Code Reviser are intended to make SEPA work better for local governments and their communities while considering environmental protection needs.
The public is invited to comment on the proposal through February 5, 2014.
The SEPA advisory committee was formed as a result of state legislation passed in 2012. Advisory committee members represented cities, counties, the business community, environmental groups, agriculture, state agencies, cultural resources, and tribes.
“The advisory committee took a thoughtful, collaborative approach and provided us with excellent input,” said Brenden McFarland, environmental review section manager for Ecology. “That input helped us draft the proposed changes that will make the SEPA rule work better.”
The proposed changes to the SEPA Rules will:
- Provide greater flexibility for cities and counties to determine their area’s exemption levels
- Clarify the analysis required before cities and counties increase their exemption levels
- Increase the public review period prior to city and county adoption of increased exemption levels
- Expand and clarify exemptions for maintenance activities
- Update and clarify other provisions of the SEPA Rules
You can submit comments through February 5, 2014, in the following ways:
- Fax: 360-407-6904
- Mail: Fran Sant, Department of Ecology, 300 Desmond Dr., Lacey WA 98503.
Tis the Season to Recycle Electronics
This holiday season, many people will receive new TVs and computers, often as replacements for older electronics. DEP reminds Pennsylvanians to recycle unwanted electronics instead of throwing them in the trash. When electronic items are thrown away, they often end up in a landfill where heavy metals within the electronics, such as lead, cadmium, and mercury, pose a threat to the environment.
“Recycling is a simple way for all of us to do our part in protecting our environment,” DEP Secretary Chris Abruzzo said. “Let’s make this holiday season a little bit greener by properly recycling our unwanted electronic devices.”
On January 24, 2013, Pennsylvania’s Covered Device Recycling Act took effect, banning landfill disposal of certain electronics. Under this law, TVs, desktop and laptop computers, tablets, computer monitors, and printers from residents and small businesses with fewer than 50 employees must be recycled.
The law also requires manufacturers to develop systems to recycle certain electronics. This puts the responsibility to recycle on the producer, making recycling easier for consumers.
There are several ways consumers can easily recycle electronic items:
- Some local governments offer curbside electronics recycling. Consumers should first check with their local municipality to see if curbside or drop-off service is provided.
- Many retail and non-profit outlets recycle most electronic items for free including Best Buy, Goodwill, Salvation Army and Staples. It’s best to call ahead to confirm which electronics are accepted.
- There are free collection events that take place throughout the year at various locations, which may be organized by county, local governments and non-profit partnerships. The Pennsylvania Recycling Hotline (1-800-346-4242) provides statewide information about recycling services and upcoming events.
- Consumers can also take their items to permitted electronics recyclers, some of which offer pick-up service.
- Many waste and recycling hauling companies also collect electronic items destined for recycling.
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Trivia Question of the Week
What percentage of batteries is sold in the US during the holiday season?
a. 20
b. 30
c. 40
d. 50
