EPA recently released the 2012 Chemical Data Reporting (CDR) information on more than 7,600 chemicals in commerce. The CDR database contains comprehensive use and exposure information on the most widely used chemicals in the United States.
Companies are now required to provide information on chemicals used in children’s and other consumer products, along with reports on commercial applications and industrial uses of chemicals. For the first time ever, EPA also required companies to substantiate confidentiality claims in order to ensure that as much information as possible is made available to the public.
“The 2012 Chemical Data Reporting information will help EPA and others better assess chemicals, evaluate potential exposures and use, and expand efforts to encourage the use of safer chemicals,” said former EPA Administrator Lisa P. Jackson. “The CDR data also highlight the clear need for TSCA reform. Updating this critical law will ensure that EPA has access to the tools and resources it needs to quickly and effectively assess potentially harmful chemicals, and safeguard the health of families across the country.”
The CDR rule, the source of this new data, was issued under the Toxic Substances Control Act (TSCA). The rule requires companies that manufacture or import chemicals to report manufacturing and import data every four years when site-specific production volume exceeds 25,000 lb. This report is for calendar year 2011. The EPA received reports on 7,674 chemicals, including 354 that were reported as used in children’s products. 1,704 chemicals were reported as used in consumer products and 3,073 were used in commercial applications or products. The remaining chemicals reported were for industrial use only. The CDR information includes data on chemicals that are used in children’s products such as toys, playground and sporting equipment, arts and crafts materials, and textiles and furniture.
Chemicals used in consumer products, particularly those intended for children, present potential for direct exposure to the public and are priorities for assessment by the agency. Although reporting on these chemicals is compulsory, currently there are no requirements under TSCA that existing chemicals be evaluated for safety.
Yet EPA has taken action and begun a process to ensure that chemicals used by the public on a daily basis are safe. The process identifies potential chemicals for near-term review and risk assessment under TSCA. In 2012, EPA released a work plan of 83 chemicals for further review as part of the agency’s existing chemicals management program. From that list, seven chemicals were identified for risk assessment development in 2012 and 18 for assessment in 2013 and 2014. In January 2013, EPA released for public comment and peer review an initial set of draft risk assessments of five chemicals for particular uses found in common household products.
Users can download or search the database. You can tailor the search results to view information on specific uses of chemicals, such as those used in products intended for use with children.
Houston RCRA and DOT Training
Indianapolis RCRA, DOT, IATA/IMO, and HazCom Training
Charleston, SC RCRA, DOT, and IATA/IMO Training
How to Implement OSHA’s Globally Harmonized Hazard Communication Standard (GHS)
Climate Change Legislation Introduced in Senate
Recently, Sens. Bernie Sanders (I-Vt.) and Barbara Boxer (D-Calif.) announced comprehensive legislation on climate change that would assign a fee on carbon pollution emissions that in turn will fund investments in energy efficiency and sustainable energy technologies such as wind, solar, and geothermal. The proposal also would provide rebates to citizens to offset any efforts by oil, coal or gas companies to raise prices.
In his State of the Union Address, President Obama underscored the Administration’s commitment to combating climate change and move toward more sustainable sources of energy. The following is a statement from Marty Hayden, Earthjustice Vice President for Policy & Legislation:
"We commend Senators Sanders and Boxer for introducing legislation that puts a price on carbon pollution, eliminates fossil fuel subsidies and invests in efficiency and renewable energy.
"The momentum is building to meaningfully address this problem as more and more Americans recognize the threat of living in a world where climate change continues unabated. Drought, wildfire and more frequent and intense storms threaten lives and literally cost Americans billions of dollars.
"We are pleased to see Senators Sanders and Boxer leading the charge on legislation to tackle climate change in a comprehensive manner. All parts of our government, Congress and the Administration, have a moral responsibility to do their part to address climate change to protect current and future generations."
Transocean Pleads Guilty, Is Sentenced to Pay $400 Million in Criminal Penalties for Deepwater Horizon Disaster
Transocean Deepwater, Inc., pleaded guilty to a violation of the Clean Water Act (CWA) for its illegal conduct leading to the 2010 Deepwater Horizon disaster, and was sentenced to pay $400 million in criminal fines and penalties, Attorney General Holder announced recently.
In total, the amount of fines and other criminal penalties imposed on Transocean are the second-largest environmental crime recovery in US history—following the historic $4 billion criminal sentence imposed on BP Exploration and Production, Inc., in connection with the same disaster.
“Transocean’s guilty plea and sentencing are the latest steps in the department’s ongoing efforts to seek justice on behalf of the victims of the Deepwater Horizon disaster,” said Attorney General Holder. “Most of the $400 million criminal recovery—one of the largest for an environmental crime in US history—will go toward protecting, restoring, and rebuilding the Gulf Coast region.”
“The Deepwater Horizon explosion was a senseless tragedy that could have been avoided,” said Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division. “Eleven men died, and the Gulf’s waters, shorelines, communities, and economies suffered enormous damage. With today’s guilty plea, BP and Transocean have now both been held criminally accountable for their roles in this disaster.”
Transocean’s guilty plea was accepted, and the sentence was imposed, by US District Judge Jane Triche Milazzo of the Eastern District of Louisiana. During the guilty plea and sentencing proceeding, Judge Milazzo found, among other things, that the sentence appropriately reflects Transocean’s role in the offense conduct, and that the criminal payments directed to the National Academy of Sciences and National Fish and Wildlife Foundation are appropriately designed to help remedy the harm to the Gulf of Mexico caused by Transocean’s actions. The judge also noted that the fines and five-year probationary period provide just punishment and adequate deterrence.
Transocean pleaded guilty to an information, previously filed in federal court in New Orleans, charging the company with violating the CWA. During the guilty plea proceeding, Transocean admitted that members of its crew onboard the Deepwater Horizon, acting at the direction of BP’s well site leaders, known as “company men,” were negligent in failing to investigate fully clear indications that the Macondo well was not secure and that oil and gas were flowing into the well.
The criminal resolution is structured to directly benefit the Gulf region. Under the order entered by the court pursuant to the plea agreement, $150 million of the $400 million criminal recovery is dedicated to acquiring, restoring, preserving and conserving—in consultation with appropriate state and other resource managers—the marine and coastal environments, ecosystems, and bird and wildlife habitat in the Gulf of Mexico and bordering states harmed by the Deepwater Horizon oil spill. This portion of the criminal recovery will also be directed to significant barrier island restoration and/or river diversion off the coast of Louisiana to further benefit and improve coastal wetlands affected by the spill. An additional $150 million will be used to fund improved oil spill prevention and response efforts in the Gulf through research, development, education and training.
Transocean was also sentenced, according to the plea agreement, to five years of probation—the maximum term of probation permitted by law.
A separate proposed civil consent decree, which resolves the United States’ civil CWA penalty claims, imposes a record $1 billion civil Clean Water Act penalty, and requires significant measures to improve performance and prevent recurrence, is pending before US District Judge Carl J. Barbier of the Eastern District of Louisiana.
The charges and allegations pending against individuals in related cases are merely accusations, and those individuals are considered innocent unless and until proven guilty.
Presque Isle Bay Removed from Great Lakes Area of Concern List
Environmental conditions in Presque Isle Bay have significantly improved due to actions taken by federal, state, and local government. Studies have shown that revitalized waterways, like Presque Isle Bay, can benefit the local economy and better protect people’s health. Presque Isle Bay is now the second site in the nation to be taken off the list of Great Lakes Areas of Concern (AOCs).
In October 2011, the federal Great Lakes Interagency Task Force committed to accelerate cleanups of contaminated rivers and harbors to “delist” AOCs. Presque Isle Bay’s delisting reduces the number of AOCs to 29 contaminated sites wholly in the US or shared with Canada.
“On my last day as EPA Administrator, I’m proud to announce that Presque Isle Bay is no longer considered an Area of Concern. We still have a great deal of work to do in the Great Lakes, but this is a positive step that will help protect people’s health and the environment in the community,” said EPA Administrator Lisa P. Jackson, who also serves as Chair of the Great Lakes Interagency Task Force. “President Obama has made cleaning up the Great Lakes a priority for his Administration, and delisting Presque Isle Bay is a big step toward fulfilling that commitment.”
The historic discharge of industrial and domestic wastewater contaminated Presque Isle Bay with excessive nutrients, organic compounds, toxic metals, and other pollutants. Improvements at Erie’s wastewater treatment plant, along with the waterfront’s conversion from heavy industrial to commercial use, reduced pollution, and helped restore the bay.
Since 2010, Great Lakes Restoration Initiative funding has been used to accelerate the final steps needed to delist Presque Isle Bay. President Obama launched the Great Lakes Restoration Initiative at the start of his first term.
“Presque Isle Bay being delisted is a testament to the many conservation, environmental and sportsman groups in Erie County who have made the health of Presque Isle Bay a community priority,” said Congressman Mike Kelly. “While this is certainly an achievement, we as a community must keep Presque Isle Bay a priority to avoid any environmental challenges in the future.”
Environment Canada, the Canadian Department of Foreign Affairs and International Trade, and the US-Canada International Joint Commission concurred with the decision to delist the Presque Isle Bay AOC.
The Pennsylvania Department of Environmental Protection will continue to monitor ecological conditions in Presque Isle Bay, with support from EPA.
Coffeyville Resources Refining and Marketing to Pay $2,302,500 to Settle Clean Water Act Violations
Coffeyville Resources Refining & Marketing (CRRM) has agreed to pay a $556,244 civil penalty to settle alleged violations of the Clean Water Act at its facility in Coffeyville, Kansas, the EPA announced recently. In addition to paying the penalty, CRRM will pay $1,746,256 for reimbursement of federal response costs associated with the cleanup of the Verdigris River following a 2007 flood and oil spill.
On July 1, 2007, CRRM discharged approximately 2,145 barrels of crude oil, diesel fuel, and oil water from its petroleum refinery into the Verdigris River during a flood event.
“The settlement with CRRM requires the company to make upgrades to its facility that will protect human health and the environment from future spills,” said EPA Region 7 Administrator Karl Brooks. “In addition to these changes, CRRM is required to pay back the taxpayers for the response costs associated with cleaning up their spill.”
CRRM will also complete other projects to further mitigate the risk of illegal spills or discharges. Among these are the completion and installation of river modeling and monitoring procedures and the implementation of a Wet Weather Plan and training of refinery personnel to ensure proper emergency shutdown of the refinery in the event of a future flood.
The consent decree is subject to a 30-day public comment period and approval by the federal court.
Koch Nitrogen Company to Pay $380,000 Penalty for Risk Management Violations
Koch Nitrogen Company, LLC, has agreed to pay a $380,000 civil penalty to settle alleged violations of the Clean Air Act (CAA) at facilities in Iowa and Kansas.
Inspections of three of Koch’s facilities in 2007 and 2009 revealed violations of the risk management program required by the CAA. The inspected facilities are in Fort Dodge and Marshalltown, Iowa, and Dodge City, Kansas. The Fort Dodge and Dodge City facilities manufacture ammonia and urea-ammonium nitrate solution. The Marshalltown facility is a pipeline terminal at which anhydrous ammonia is removed from an interstate pipeline or from highway tank trucks and stored on the property.
As a part of the risk management program, facilities must develop a management system, assess hazards, develop a prevention program, address emergency response, and submit a risk management plan.
Inspectors found that the facilities had issues with the management system, had not fully implemented the prevention program requirements, had not adequately coordinated with local first responders, and failed to include all required information in the risk management plan.
“A proper risk management program is an important component of preventing accidental releases into the air of harmful substances and to reduce the severity of releases that do occur,” said EPA Region 7 Administrator Karl Brooks. “This penalty sends a strong message to Koch and other companies that EPA expects adherence to all aspects of the Clean Air Act.”
Ohio Issues Draft Model General Air Permits & Permit-By-Rule for Oil and Gas Well Site Production
PAS Technologies, Inc. to Pay $100,000 Penalty for Hazardous Waste Violations
The Arizona Department of Environmental Quality announced that PAS Technologies, Inc., of Phoenix will pay a $100,000 penalty as part of a consent judgment entered in Maricopa County Superior Court for hazardous waste violations at its Central Phoenix plating facility.
PAS Technologies was cited for a total of 15 violations, including the release of hexavalent chromium to the environment and illegally treating cyanide wastewater.
“Their unlawful management of hazardous waste put employees and the environment at risk, but we are encouraged by the changes made at PAS,” ADEQ Director Henry Darwin said. The settlement with PAS Technologies brings to 12 the number of electroplating facilities in Arizona brought into compliance with hazardous waste rules under ADEQ’s Plating Initiative.
Oil and Gas Company Sued for Unlawful Discharge of Oil and Chemical Dispersants
Recently the United States filed a civil action against ATP Oil & Gas Corporation and ATP Infrastructure Partners, LP (ATP-IP) for civil penalties and injunctive relief under the Clean Water Act and the Outer Continental Shelf Lands Act. The complaint was filed on behalf of the US Department of the Interior’s Bureau of Safety and Environmental Enforcement (BSEE) and the EPA. The complaint addresses the defendants’ alleged unlawful discharges of oil and unpermitted chemical dispersants from the defendants’ floating oil and gas production platform, the ATP Innovator, into the Gulf of Mexico.
The ATP Innovator is a production facility operating at Lease Block 711 of Mississippi Canyon in the Gulf of Mexico, approximately 45 nautical miles offshore of southeastern Louisiana.
The violations were discovered during a BSEE inspection of the facility in March 2012. Following further investigation by BSEE, the violations were referred to the Department of Justice by BSEE and EPA. The case, United States v. ATP Oil & Gas Corporation et al., was filed in the District Court for the Eastern District of Louisiana.
As alleged in the complaint, ATP failed to properly operate and maintain its wastewater treatment system on the ATP Innovator. As a result, excess oil was discharged into the ocean, and an unauthorized chemical dispersant was added to the oily wastewater discharge to mask the presence of oil on the ocean’s surface. The dispersant was added to the outfall pipe by way of a concealed metal tube that connected a tank of dispersant to the outfall pipe. The connection of the metal tubing to the outfall pipe was located downstream of the sample collection point, making the addition of unauthorized dispersant undetectable in samples that are required to be collected to show compliance with ATP’s Clean Water Act discharge permit.
According to the complaint, the dispersant had been used from at least October 2010 to March 2012. In addition to civil penalties under the Clean Water Act, the complaint also seeks injunctive relief for violations of the Clean Water Act and the Outer Continental Shelf Lands Act.
New Strategies Proposed to Reduce Toxics
Last fall, the Washington Department of Ecology (Ecology) convened a group of business, government, academic, and non-governmental leaders to come up with new approaches for reducing toxic chemical pollution in Washington. Ecology asked them to think outside their typical legal and political silos to find creative new approaches to toxics that would offer better human health, environmental, and economic outcomes.
After several months of thoughtful discussion and hard work, the group delivered the results of its discussion to Gov. Jay Inslee and the leadership of the Washington State Legislature.
“These proposed strategies come from knowledgeable experts working alongside the Department of Ecology. The idea now is to begin a broader conversation about how to build on our state’s past accomplishments to reduce toxic chemicals,” said Maia Bellon, Ecology’s newly appointed director.
“Reducing exposure to toxic chemicals is a public health priority, given our rising health care costs, worrisome health trends, and ongoing exposures,” said Howard Frumkin, Dean of the School of Public Health, University of Washington. Frumkin was a member of the workgroup.
“We don’t know as much as we’d like about how toxic chemicals affect health, but we can’t wait. We need to act, and we need to do so in ways that are sensible, fair, and evidence-based. I believe that our state can come together to identify and implement creative, effective solutions.
Sara Kendall, Vice President for Corporate Affairs and Sustainability at Weyerhaeuser Company and a workgroup participant, said, “These issues are important, but they are also very complex. The white paper represents a good starting place for a more complete and thorough discussion by stakeholders.”
The recommendations include establishing a new state policy to prefer safer chemicals and that Washington set clear priorities for reducing toxic chemicals.
The group’s recommendations describe some of the concerns with toxic chemicals in products and in the environment. It lays out some principles for management of toxic chemicals, and makes twelve recommendations to reduce exposures to toxic chemicals in Washington.
Recommendations include specific actions for toxic chemical reduction. Some of these ideas—such as establishing a Green Chemistry Center—can be implemented now. Others—like voluntary consumer labeling drawing attention to safer product ingredients and changes to the liability system for toxic chemicals—would need significant further study before decisions about them could be made.
Although each member of the workgroup had individual preferences and concerns, they shared a common belief that society can do a better job of reducing the adverse health, environmental, and economic effects of toxic chemicals. Moving forward successfully requires a variety of new approaches and ideas.
The group’s recommendations will be used to engage a wider range of people interested in finding and implementing more effective solutions to toxic chemicals.
Public Review Begins on Revised Draft Stormwater Permit for 60 New Hampshire Municipalities
The draft permit would update Clean Water Act protections for New Hampshire’s environment and waterways.
The revised draft permit updates the previous general permit finalized in 2003. EPA previously released draft general permits for small MS4s in New Hampshire in 2008. EPA has decided to release revised draft general permits to account for significant public comments received on the 2008 proposal, the availability of updated demographic information from the 2010 Census, and several recently approved TMDLs for various waters in New Hampshire. A Total Maximum Daily Load (TMDL) is a pollution budget developed for specific bodies of water based on a careful evaluation of that water body’s specific condition and ecological needs.
The general permits will apply to 60 municipalities located in an urbanized area as defined by the 2010 census. Regulated MS4s include traditional cities and towns, state and federally owned facilities such as universities and military bases, and the state transportation agency (NHDOT). The draft general permits will apply to all the regulated MS4s, although waivers are possible for eligible municipalities within the urbanized area where population is less than 1,000.
The draft general permits, when finalized, would require regulated small MS4s to develop, implement, and enforce a Stormwater Management Program (SWMP) designed to control pollutants to the maximum extent practicable, protect water quality and satisfy appropriate requirements of the federal Clean Water Act. The draft permit would do this with requirements to address waste load allocations associated with approved TMDLs for bacteria, phosphorus and chloride, and requirements to address discharges to impaired waters which do not have an approved TMDL.
The draft permit requires implementation of six minimum control measures, including: public education and outreach, public participation, illicit discharge detection and elimination, management of construction site runoff, management of runoff from new development and redevelopment, and good housekeeping in municipal operations. The draft permit identifies four target audiences for public education, details specific procedures to locate and remove illicit connections, encourages low impact development practices and identifies practices to address phosphorus, bacteria, chloride and nitrogen. EPA has provided a suggested format for information which can be submitted electronically. EPA will provide templates for the SWMP and the annual reports.
EPA received over 100 comments on the 2008 draft permit. The new draft permit addresses many comments received on that earlier draft permit, including: (1) providing additional time for completing required tasks; (2) providing opportunities to optimize activities such as catch basin cleaning, rather that mandating a set frequency; (3) reducing the required frequency of street sweeping; (4) reducing costs associated with monitoring by allowing the use of field test kits; and (5) including provisions to address nitrogen in Great Bay. The revised draft permit removed provisions such as sweeping sidewalks and walking stream miles which were viewed as impractical by many commenters.
EPA has estimated the costs associated with implementation of the minimum control measures, but does not have sufficient information to reasonably estimate those associated with achievement of water quality based limitations found in established TMDLs. Actual municipality costs will vary depending on a number of factors including, but not limited to, population (1,000 to 100,000), resources, infrastructure (number of catch basins, road miles), size of the urbanized area, and work completed during previous permit term. As drafted, EPA estimates the cost to meet the requirements associated with implementation of the six minimum control measures to be between $78,000 and $829,000 per year averaged over the permit term.
WaterSense Releases Draft Specification for Commercial Pre-Rinse Spray Valves
Pre-rinse spray valves are often used in commercial and institutional kitchens to remove food waste from dishes prior to dishwashing. EPA's draft specification would set the maximum flow rate for WaterSense-labeled pre-rinse spray valves at 1.28 gallons per minute, or 20 percent less water than the federal standard, while spray force performance criteria would ensure that these valves operate as expected in commercial kitchens.
In the future, a commercial kitchen could save more than $115 per year in water and energy costs from installing a WaterSense-labeled pre-rinse spray valve-meaning the valve would pay for itself in as little as eight months. As with all WaterSense specifications, EPA worked collaboratively with a variety of stakeholders to develop the draft specification.
ADEM Investigates Release Into Waterway
The Alabama Department of Environmental Management (ADEM) continues its investigation of an unpermitted release of materials into Pepperell Branch. ADEM staff have been on-scene since Friday conducting a thorough investigation of how the release occurred, evaluating environmental impacts, and overseeing the cleanup. ADEM officials indicate the release originated from the former WestPoint Pepperell facility in Opelika.
Sludge materials have been documented in Pepperell Branch, as well as Saugahatchee Creek, and vacuum trucks have been on-scene over the weekend working to remove the sludge materials from both waterways. In addition, water samples have been collected and are being analyzed to evaluate potential impacts to water quality.
Visual observations have not documented any negative impacts to aquatic organisms, such as fish, in either Pepperell Branch or Saugahatchee Creek. ADEM officials will remain on-scene continuing their investigation, monitoring cleanup efforts, and observing both waterways for potential impacts to water quality and aquatic organisms.
The Department has been in contact with local officials from the City of Auburn and the City of Opelika to ensure they remain up-to-date on all aspects of the investigation and remediation efforts. The Department has also contacted local environmental groups to establish open lines of communication with those parties.
ADEM Issues Enforcement Action for Unpermitted Discharge
The Alabama Department of Environmental Management (ADEM) has issued an Emergency Administrative Order to Saucier Investments, LLC, and Regeneration, LLC. The issuance of the enforcement document is based on the Department’s investigation of an unpermitted discharge that originated from the former WestPoint Pepperell facility, which is now owned by Saucier Investments, LLC.
While the original unpermitted discharge has ceased, the Emergency Administrative Order requires that steps be taken to prevent any additional unpermitted discharges. The enforcement document also requires that within five days of issuance, a report shall be submitted to the ADEM documenting all abatement activities that have been, or will be, conducted to address the unpermitted discharge of pollutants into waters of the state.
ADEM staff arrived on-scene last Friday and began conducting an investigation into an unpermitted discharge from the former WestPoint Pepperell facility into Pepperell Branch. Sludge materials from that unpermitted discharge have been documented in Pepperell Branch, as well as Saugahatchee Creek, and ADEM officials continue to monitor both waterways for potential impacts to water quality and aquatic organisms.
The issuance of this emergency Administrative Order does not preclude the Department from seeking civil penalties, criminal fines, or other appropriate sanctions in the future.
California Air Resources Board Staff Re-files Clean Fuels Outlet Regulation
California’s Air Resources Board staff recently re-noticed the Clean Fuels Outlet regulation for consideration by the Board. While legislation to achieve this goal through the use of incentives is presently pending in Legislature, the measure will otherwise ensure the availability of clean alternative fuels necessary for zero emission vehicles, specifically those powered by hydrogen fuel cells.
“We prefer to see an incentive based mechanism, such as that included in legislation now before the assembly and senate, ensure the supply of hydrogen for these vehicles,” said Air Resources Board Chairman Mary D. Nichols. “But we must achieve our air quality and greenhouse gas emissions reduction goals, and re-introducing the Clean Fuels Outlet regulation now simply provides a backstop in the event those measures don’t pass.”
The Advanced Clean Car program, approved by the Board last January, will drive a shift from gasoline-powered vehicles to those powered by electricity and hydrogen beginning in 2017. The Clean Fuels Outlet regulation is part of this program, and is intended to make sure those fuels are readily available as those vehicles enter the California market in larger numbers. The Clean Fuels Outlet regulation requires the oil industry to support hydrogen fueling stations synchronized with arrival of those new vehicles.
The Advanced Clean Car program is one of a suite of greenhouse gas (GHG) emissions reduction programs created under the Global Warming Solutions Act (AB 32). The goal of AB 32 is to reduce GHG emissions to 1990 levels by 2020. The Advanced Clean Car program will address a large portion of emissions from the transportation sector, which is responsible for approximately 40 % of all GHG emissions in the state.
Connecticut Supreme Court Clears Challenge To Tire Pond Cleanup in Hamden, North Haven
Attorney General George Jepsen and state Energy and Environmental Protection Commissioner Daniel C. Esty said that a decision by the state Supreme Court will allow work to continue to close a long-time illegal disposal area known as the “tire pond” in Hamden and North Haven.
The court last week dismissed the challenge filed by Modern Materials, Corp., a tenant, which had been ordered by the trial court to leave the property so the cleanup and closure of the site, also ordered by the court, could continue.
This property is owned by Joseph Farricielli and various corporations that he and his wife, Jean Farricielli, own or control. Long used for solid-waste disposal operations, the property borders the Quinnipiac River, abuts tidal marshes and contains a pond, which was used for the unauthorized disposal of approximately 15 million used tires.
Unauthorized and illegal activities on the site have been a concern since the 1970s and the state has been in court since 1999 trying to force the owners to comply with state environmental laws and finally, a court order to remediate and close the site.
“The welfare of the community and environment in Hamden and North Haven are foremost in our minds as we persist in our decade-long effort to safely close the tire pond,” Attorney General Jepsen said. “We are pleased that the Supreme Court agreed that Modern cannot interfere with the court’s order issued to Mr. Farricielli and his related companies to close the pond, and must get out of the way while the state closes the tire pond.“
Commissioner Esty said, “Illegal dumping at this site posed a long-standing and unacceptable threat to the environment and public safety. With the active support of the Attorney General’s Office we have been moving to clean up and restore this property. The court’s decision removes a roadblock to our progress.”
Court orders issued in 2001, 2004, and 2007 provided for the state Department of Energy and Environmental Protection to take over the cleanup work due to Farricielli’s failure to close the tire pond. Since then, the department has successfully been constructing a stable cap on the property. The tires are completely covered, but Modern Materials, Corp., must move so that final grading, cover, and drainage of the closed disposal area can be completed. Once the commissioner issues a notice to move, the company will have 60 days to comply.
Assistant Attorneys General Matthew Levine, Krista Trousdale and Kimberly Massicotte, head of the Environment department, are working with the Attorney General on this case.
MPCA Offers Assistance to Businesses to Reduce Exposure to BPA
An increasing number of retailers are offering receipts digitally via email or text, instead of on paper. The Minnesota Pollution Control Agency (MPCA) is launching a project to support this paperless receipt trend, for environmental and public health reasons.
The goal is to reduce paper waste and generation of the chemical bisphenol A (BPA), which is used in many thermal receipt papers as a color developer that emerges when heated. By helping businesses switch to paperless receipt systems, the MPCA hopes to reduce human and environmental exposure to BPA and other alternative thermal developers, which haven’t been shown to be clearly superior.
The MPCA is recruiting Minnesota businesses and organizations from the hospitality sector to participate in this project. Initial response has been enthusiastic, with restaurants, resorts, and hotel groups around the state signing on. Participating businesses will receive assistance in assessing their current receipt paper, quantifying receipt paper use, learning about health and environmental effects of BPA, and transitioning to a paperless receipt system of their choice.
Why not just use a BPA-free paper? Switching to a different paper doesn’t help reduce overall paper waste. But more importantly, the most common substitute for BPA in thermal papers—bisphenol S, or BPS—has shown the same sort of endocrine disrupting behavior in studies as BPA. No alternative thermal paper developer is known to be safer.
“When there is a solution that prevents unnecessary resource consumption and also reduces exposure to toxins, that’s the solution we want to promote,” Madalyn Cioci, the MPCA project manager, said.
BPA is toxic to aquatic species. It has been identified as a reproductive, developmental, and systemic toxicant in animal studies, and mimics estrogen in the human body. Exposure to BPA has been associated with reproductive problems, enlarged prostate, reduced sperm count, obesity and diabetes in mice, and the proliferation of human breast cancer cells (from MPCA 2008 legislative report “Endocrine Disrupting Compounds”). It is being studied for potential effects on childhood neurological development, and is among the Minnesota Department of Health’s list of priority chemicals.
Human exposure to BPA is widespread. It is found in the urine of the vast majority of newborns, children, adolescents, and adults. About 8 billion lb of BPA are produced each year, making it one of the higher-volume chemicals in production. Its presence in canned food linings and as an additive to bicarbonate plastics is well known. BPA is now banned from many children’s products both at the state and federal level. Though its use in slick thermal receipt papers is less well known, awareness is increasing. Preliminary research suggests that those who handle receipts as part of their employment have higher levels of BPA in their bodies than other people.
Government Officials Charged with Manipulating Test Results of Contaminated Drinking Water in New Jersey
New Jersey Attorney General Jeffrey S. Chiesa announced the indictment of two top officials of the East Orange Water Commission (EOWC)—the executive director and the assistant executive director—for allegedly conspiring to manipulate the agency’s water supply by shutting down contaminated wells prior to monthly water tests so as to falsify results and report lower levels of a regulated contaminant in the drinking water supplied to customers.
The Division of Criminal Justice obtained a state grand jury indictment yesterday charging Harry L. Mansmann, 58, of Lawrenceville, executive director of the EOWC, and William Mowell, 51, of Wyckoff, the assistant executive director and engineer for the EOWC, with conspiracy (2nd degree), multiple counts of official misconduct (2nd degree), pattern of official misconduct (2nd degree), unlawful release of a toxic pollutant (2nd degree), multiple counts of violating the New Jersey Safe Drinking Water Act (3rd degree), violating the New Jersey Water Pollution Control Act (3rd degree), and tampering with public records or information (3rd degree).
The indictment stems from an investigation by the Environmental Crimes Unit of the Division of Criminal Justice Specialized Crimes Bureau, which resulted from a referral by the New Jersey Department of Environmental Protection (DEP) Compliance & Enforcement Program. Mansmann and Mowell allegedly conspired to falsify mandatory testing of the EOWC’s water supply to hide elevated levels of the contaminant tetrachlorethene (PERC), an industrial solvent used for dry cleaning and other purposes which is classified as a probable carcinogen.
“It is absolutely unconscionable that the two top directors responsible for ensuring the quality and safety of drinking water supplied to tens of thousands of residents in East Orange and South Orange would deliberately manipulate sampling to hide the fact that the water supply contained elevated levels of a contaminant, as is alleged in this indictment,” said Attorney General Chiesa. “These defendants rightfully face serious criminal charges.”
“Working with the DEP, our investigators thoroughly chronicled the actions of these two officials who allegedly manipulated the water supply prior to sampling on multiple occasions, cherry picked the test results they reported to the DEP on another occasion, and pumped water from their most contaminated well into the Passaic River without a permit for nearly a month,” said Director Stephen J. Taylor of the Division of Criminal Justice. “Their alleged conduct is shocking.”
Following the alleged criminal conduct, the DEP conducted independent tests of the East Orange water system, and samples showed PERC levels slightly above state standards but within federal safe drinking water parameters. The DEP is continuing to monitor the system.
The EOWC supplies drinking water to East Orange and also has a contract to supply drinking water to South Orange. The water is pumped from well fields in eastern Morris and western Essex counties through a pumping station in Millburn to two reservoirs, from which water is distributed to customers. The utility blends water from its various wells at its treatment plant before water is distributed to customers. The EOWC has encountered problems with elevated levels of PERC in several wells.
Mansmann and Mowell allegedly directed that the contaminated wells be turned off several days prior to taking samples for testing and then turned back on for pumping to the reservoir after sampling. In this manner, they allegedly falsified test results to comply with the DEP requirement that the running annual average level of PERC under normal operating conditions not exceed 1 microgram per liter (ug/L) or part per billion (results up to 1.49 ug/L are rounded down to 1).
The indictment charges the defendants with specific instances of false sampling, when they allegedly shut down a contaminated well or wells prior to sampling in November 2010, March 2011, and April 2011 in order to artificially reduce levels of PERC from the levels present under normal operating conditions. The indictment also charges them with falsifying the April 2011 compliance sample by taking multiple samples and submitting the sample containing the lowest level of PERC as the compliance sample for April 2011 in violation of DEP requirements. Four water samples tested in April 2011 revealed PERC levels of 1.96 ug/L, 1.71 ug/L, 1.58 ug/L and 0.788 ug/L. The result of 0.788 ug/L was the only result that the defendants submitted to the DEP
The indictment further charges that Mansmann and Mowell directed that the well with the most PERC contamination, which had been found to have PERC levels as high as 25 ug/L – or 25 times the permitted level under the New Jersey Safe Drinking Water Act and nearly twice the level permitted for discharges in connection with remediation projects under the New Jersey Water Pollution Control Act – be pumped to a pipe that discharged directly onto the bank of the Passaic River in Florham Park from March 24 through April 20, 2011. They allegedly did that in an effort to flush the contaminant out of the well. That is the alleged basis for the charges of unlawful release of a toxic pollutant and violation of the New Jersey Water Pollution Control Act.
In addition, the indictment alleges that, when the DEP required the EOWC to issue a public notice about non-compliant PERC levels in the system, the defendants issued a notice in July 2011 falsely stating that the EOWC had reduced pumping from certain wells on an ongoing basis and, as a result, tests during the first half of 2011 revealed levels under the DEP limit. It is alleged that, in fact, they only reduced pumping from contaminated wells temporarily for sampling, and PERC levels had exceeded the limit.
Deputy Attorney General Phillip Leahy presented the indictment to the state grand jury for the Environmental Crimes Unit of the Division of Criminal Justice Specialized Crimes Bureau. The investigation was conducted by Deputy Attorney General Leahy, Sgt. Steven J. Ogulin, Detective Dawn Ryan, Detective Matthew Schneiderman and former Detective Michael Klumpp. The DEP provided assistance throughout the investigation. The East Orange Water Commission has cooperated fully in the investigation.
Second-degree crimes carry a sentence of five to 10 years in state prison and a fine of up to $150,000, while third-degree crimes carry a sentence of three to five years in state prison and a fine of up to $15,000. The third-degree counts of violation of the New Jersey Safe Drinking Water Act carry potential additional fines of $5,000 to $50,000 for each day that the violation occurred, and the count of third-degree violation of the New Jersey Water Pollution Control Act carries potential additional fines of $5,000 to $75,000 for each day that the violation occurred.
The indictment is merely an accusation and the defendants are presumed innocent until proven guilty. The indictment was handed up to Superior Court Judge Mary C. Jacobson in Mercer County, who assigned the case to Essex County, where the defendants will be ordered to appear in court at a later date.
Trivia Question of the Week
How is the wastewater used in fracking disposed of?
a. Stored in tanks above or underground indefinitely
b. Recycled for use in another fracking well
c. Returned to the water supply
d. Purchased by towns to de-ice roads
e. All of the above
