Stormwater discharges during construction activities can contain sediment and pollutants that harm aquatic ecosystems, increase drinking water treatment costs and pollute waters that people use for fishing, swimming, and other recreational activities.
The proposed Construction General Permit (CGP) includes a number of enhanced protections, including enhanced provisions to protect impaired and sensitive waters. Some of the significant proposed permit modifications include new requirements for:
- Eligibility for emergency-related construction
- Required use of the electronic notice of intent process
- Sediment and erosion controls
- Natural buffers or alternative controls
- Soil stabilization
- Pollution prevention
- Site inspections
- Stormwater Pollution Prevention Plans
- Permit termination
Many of the new permit requirements implement new effluent limitations guidelines and new source performance standards for the construction and development industry that became effective on February 1, 2010. These requirements include a suite of erosion and sediment controls and pollution prevention measures that apply to all permitted construction sites.
The permit will be effective in areas where EPA is the permitting authority, including four states (Idaho, Massachusetts, New Hampshire, and New Mexico); Washington, D.C.; most territories; and most Indian country lands.
The public will have 60 days to comment on the draft permit. EPA anticipates that it will issue the final construction general permit by January 31, 2012.
The current permit is scheduled to expire on June 30, 2011; however, EPA is proposing to extend the current permit until January 31, 2012 to provide sufficient time to finalize the new permit.
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EPA Announces Actions on TDI and MDI
EPA has released action plans to address the potential health risks of methylene diphenyl diisocyanate (), toluene diisocyanate (), and related compounds. Americans may be exposed to these chemicals when they are used in certain applications such as spray foam insulation, sealing concrete, or finishing floors.
“EPA is working to protect the health of the American people and the environment.”
Diisocyanates are used to make polyurethane polymers. Most polyurethane products, such as foam mattresses or bowling balls, are fully reacted or “cured,” and are not of concern. Some products, however, such as adhesives, coatings, and spray foam, continue to react while in use, and may contain “uncured” diisocyanates to which people may be exposed.
Diisocyanates are known to cause severe skin and breathing responses in workers who have been repeatedly exposed to them. The chemicals have been documented as a leading cause of work-related asthma, and in severe cases, fatal reactions have occurred. To protect worker health, the Occupational Safety and Health Administration (OSHA) regulates workplace exposures through permissible exposure limits. In contrast to the availability of exposure data for professionals who work with diisocyanates, there is very limited information available about the use and exposure patterns of consumers who may be exposed to products containing uncured MDI and TDI. EPA plans to carefully consider the potential risks from consumer exposure to these chemicals.
Actions to address concerns associated with TDI, MDI, and related compounds include issuing rules to call in data on any past allegations of significant adverse effects, obtain unpublished health and safety data from industry sources, require exposure monitoring studies for consumer products, and possibly ban or restrict consumer products containing uncured MDI or TDI. EPA will continue to work with other federal agencies, the polyurethanes industry, and others to ensure improved labeling and provide comprehensive product safety information for polyurethane products containing uncured compounds, especially in consumer products.
EPA Updates SPCC Regulation to Exclude Milk and Milk Products
This regulation has been in place since the 1970s, and with this action, EPA for the first time will ensure that all milk and milk products will be formally exempted.
In response to feedback from the agriculture community, EPA determined that this unintended result of the current regulations—which were designed to prevent oil spill damage to inland waters and shorelines—placed unjustifiable burdens on dairy farmers. To ensure that this outdated rule didn’t harm the agriculture community while the mandatory regulatory process proceeded, EPA had delayed SPCC compliance requirements for milk and milk product containers several times since the SPCC rule went into effect. This formal rule change reflects EPA’s commitment to common-sense, responsive, and transparent rulemaking. It’s also consistent with the President’s executive order on improving regulations.
“After working closely with dairy farmers and other members of the agricultural community, we’re taking commonsense steps to exempt them from a provision in this rule that simply shouldn’t apply to them. Despite the myths that have arisen about EPA’s intentions, our efforts have been solely focused on exempting milk and milk products from this regulation—and that exemption is now permanent,” said EPA Administrator Lisa P. Jackson. “This step will relieve a potential burden from our nation’s dairy farms, potentially saving them money, and ensuring that EPA can focus on the pressing business of environmental and health protection.”
Based on input from the milk industry, EPA previously delayed SPCC compliance requirements for milk and milk product containers until the mandated regulatory process could be completed. In January 2009, EPA proposed the rule to exempt milk containers from the SPCC rule. Milk production is already subject to certain construction and sanitary standards and requirements that help prevent spills.
The final exemption applies to milk, milk product containers, and milk production equipment. In addition, because some of these facilities may still have oil storage subject to the spill prevention regulations, EPA is also amending the rule to exclude milk storage capacity from a facility’s total oil storage capacity calculation. The agency is also removing the compliance date requirements for the exempted containers.
This announcement is consistent with President Obama’s executive order on regulatory reform, which requires federal agencies to design cost-effective, evidence-based regulations that are compatible with economic growth, job creation, and competitiveness. As part of the immediate implementation of that strategy, agencies were asked to develop a plan to ensure that existing regulations are up-to-date, effective, and cost justified. This update to SPCC regulations is in line with that effort.
The SPCC regulations, in place since the 1970s, require facilities storing more than 1,320 gallons of oil to create and implement plans to prepare, prevent, and respond to oil spills. The exemption does not apply to fuel oil and other applicable oils stored on farms; farms that store the regulatory threshold of fuel oil and other applicable oils are covered under the SPCC. The rule is intended to prevent damage to the inland waters and shorelines of the United States.
Toxic Substances Control Reform Bill Proposed by Lautenberg
U.S. Senator Frank R. Lautenberg (D-NJ) introduced updated legislation to modernize the “Toxic Substances Control Act of 1976” (TSCA) and protect Americans from exposure to dangerous toxins. Lautenberg, who chairs the Senate Subcommittee on Superfund, Toxics and Environmental Health, seeks to require—for the first time—that chemical manufacturers demonstrate the safety of industrial chemicals used in everyday household products.
“The average American has more than 200 industrial chemicals in their body, including dozens linked to cancer and other health problems. The shocking truth is that the current law does not require tests to ensure chemicals used in everyday household products are safe,” said Senator Lautenberg. “The EPA does not have the tools to address dangerous substances and even the chemical industry has asked for stronger laws to assure consumers that their products are safe. My ‘Safe Chemicals Act’ will breathe new life into a long-dead statute by empowering EPA to separate the chemicals that help from the chemicals that hurt.”
Lautenberg’s “Safe Chemicals Act of 2011” would require safety testing of all industrial chemicals, and puts the burden on industry to prove that chemicals are safe in order to get on or stay on the market. Under current policy, the EPA can only call for safety testing after evidence surfaces demonstrating a chemical is dangerous. As a result, EPA has been able to require testing for just 200 of the more than 80,000 chemicals currently registered in the United States, and has been able to ban only five dangerous substances. The new legislation will give EPA more power to regulate the use of dangerous chemicals and require manufacturers to submit information proving the safety of every chemical in production and any new chemical seeking to enter the market.
After introducing similar legislation last year, Senator Lautenberg chaired a series of hearings to solicit feedback from chemical industry leaders, public officials, scientists, doctors, academics, and non-profit organizations. Based on that feedback, Senator Lautenberg made several changes to improve the bill. For example, the updated bill establishes risk-based prioritization categories so that the EPA can focus its resources on the highest-risk chemicals. It also requires chemical companies to initially submit basic hazard and exposure data to quickly determine the risk and assess the need for further testing or restrictions.
The “Safe Chemicals Act of 2011” comports with the reform principles laid out by the Obama Administration, the American Chemistry Council and the Safer Chemicals Healthy Families Coalition. In addition, public health groups, environmentalists, industry representatives, and the EPA have all expressed support for reforms to our nation’s toxic substance laws.
Daniel Rosenberg, senior attorney at the Natural Resources Defense Council said, “every member of Congress should take this issue as seriously as their constituents, who are rightfully concerned about the role that toxic chemicals play in the rise of chronic illness and disease including cancer, learning and developmental disabilities and reproductive problems.”
EPA to Address Four IRIS Assessments
EPA has announced its plan to address the four draft Integrated Risk Information System () assessments that were placed on hold in June 2010, pending a review of some of the underlying studies relied on in the assessments. EPA conducts IRIS assessments to determine the potential impact of specific chemicals on people’s health. The four assessments are methanol, methyl tertiary-butyl ether (MTBE), ethyl tertiary-butyl ether (ETBE), and acrylonitrile. Methanol is used in paints, varnishes, wiper fluid, and adhesives. MTBE and ETBE are gasoline additives and acrylonitrile is used in the manufacture of certain plastics.
EPA held the assessments because of a report written by the National Toxicology Program (NTP), a program administered by the National Institute of Environmental Health Sciences (NIEHS). The report outlined a review of research completed by the Ramazzini Institute, a lab in Italy that conducts animal testing to evaluate the potential cancer-causing effects of chemicals. The report discussed findings from an NTP assessment of an animal study on methanol and recommended that further pathology reviews be carried out to resolve differences of opinion between NTP scientists and the Ramazzini Institute in the diagnoses of certain cancers reported in the study.
Out of an abundance of caution and to ensure the agency’s chemical assessments are grounded in the soundest possible science, EPA undertook a thorough review of all ongoing and previous chemical assessments to determine which, if any, relied substantially on cancer testing from the Ramazzini Institute. EPA found six assessments, four of which were in draft form and put on hold pending further review.
EPA and NIEHS decided to jointly sponsor an independent Pathology Working Group (PWG) review, in cooperation with the Ramazzini Institute, of selected studies, including the methanol cancer assessment study. The review has begun and will continue over the next several months. The results will be made public and the cancer assessment for methanol will remain on hold until its completion.
The non-cancer health effects resulting from exposure to methanol are not under review. Therefore, the draft assessment of methanol—IRIS Methanol Toxicological Review (Non-Cancer)—will be released shortly for public comment and peer review. (More information on the peer review of the non-cancer methanol assessment is available on the IRIS website.)
The Ramazzini Institute diagnosed leukemias and lymphomas in studies of MTBE and ETBE, and found other tumors in studies of acrylonitrile, MTBE and ETBE. The PWG review of these studies will inform the interpretation of the tumor findings for those three IRIS assessments; however, based on other available data, EPA has determined that reliance on Ramazzini Institute study results is not necessary to continue with assessment development for MTBE, ETBE and acrylonitrile, including an assessment of cancer risks. Therefore, work on the assessments for the three chemicals will continue during the PWG review.
When the four assessments—methanol, MTBE, ETBE, and acrylonitrile—were put on hold in June 2010, two completed and publicly posted assessments—vinyl chloride and 1,1-dichloroethylene—were also identified as relying substantially on Ramazzini data. EPA will evaluate the results of the PWG review to inform conclusions about Ramazzini Institute tumor findings for these two assessments.
Green Grid for Delivering Solar and Wind-based Electricity
That’s the much-needed future electrical grid, an interconnected network for delivering solar and wind-based electricity from suppliers to consumers.
Zhenguo (Gary) Yang and colleagues point out that concerns over the use of coal, oil, and other fuels that contribute to global warming and are in limited supply, have spurred interest in generating electrical energy from clean, renewable resources such as solar and wind power. But solar and wind are not constant and reliable sources of power, since wind power fluctuates from moment to moment and solar power is generated only in the daytime. This situation poses a significant challenge for electrical grid operators because other power plants need to compensate for this variability and the U.S. power grid currently has little energy storage capability. To enable a significant level of penetration and effective use of renewable energy sources amid growing energy demands, electrical grids of the future will need a low-cost, efficient way to integrate and store this electrical energy, the scientists note.
The scientists analyzed the conclusions of more than 300 scientific studies and identified several technologies that can be used for energy storage for the green grid. These include high-tech batteries now in development that can efficiently store electricity in the form of chemicals and reversible release it on demand. Among the promising technologies are so-called redox flow and sodium-ion batteries, which could provide a low cost, high efficiency way to store energy. In addition to the United States, several other countries such as China and countries in Europe are planning to increase research activities related to energy storage and development. “The growing interests as well as worldwide research and development activities suggest a bright outlook for developing stationary energy storage technologies for the future electric grid,” the article concludes.
Settlement Reached in Illegal Waste Disposal Scheme
Attorney General George Jepsen announced the settlement of an unfair trade practices and antitrust lawsuit against James E. Galante, the former owner of waste disposal companies operating in the Danbury, Connecticut area.
Under terms of the settlement, the state received $600,000 to be distributed to an estimated 500 commercial customers of Galante’s former companies: Automated Waste Disposal, Inc., and Thomas Refuse Services, Inc. The state sued Galante in 2009 for alleged violations of the Connecticut Unfair Trade Practices Act and the Connecticut Antitrust Act.
The lawsuit alleged that in 2002 and 2004, Galante ordered his employees at AWD and Thomas to raise prices by 10% for certain commercial customers under the false representation that they were mandatory increases for disposal-site costs. The lawsuit also alleged two incidents of bid-rigging by American Disposal Services of Connecticut, another Galante-owned company, in attempts to secure waste-hauling contracts.
The settlement was timed to the federal government’s sale of these and other companies forfeited by Galante as part of his 2008 guilty plea to federal racketeering conspiracy, conspiracy to defraud the Internal Revenue Service, and wire-fraud conspiracy for his role in orchestrating a scheme to drive up trash-removal prices.
“I am pleased that this settlement will help to compensate customers injured by Galante’s illegal schemes,” Jepsen said.
Jepsen praised the assistance the Office of the United State Attorney for the District of Connecticut, the Federal Bureau of Investigation, and the Internal Revenue Service’s Criminal Investigation Division provided his office. “This case demonstrates clearly the benefits of federal/state coordination to protect the people of Connecticut. I hope to continue our close cooperation in other cases,” Jepsen said.
New Jersey to Set Fracking Limits
While recognizing the significant contributions to the economy and to energy security that development of natural gas resources may make to DRBC states and the nation, Commissioner Martin said the DRBC, in its effort to create regulations for natural gas production, must move forward with great caution to ensure there is no threat to New Jersey’s drinking water or environment from projects that employ a hydraulic fracturing or “fracking’’ process.
“We will vigilantly ensure that our water is adequately protected and the natural values of the Basin are preserved,’’ Commissioner Martin wrote. “We will insist that natural gas regulations, as ultimately promulgated by the DRBC, guarantee the supply and quality of the Delaware River water, on which New Jersey relies for up to one-quarter of our drinking water.”
Once regulations are adopted, New Jersey wants the DRBC to stage the approval of well pads. It should allow no more than 30 production well pads, not to exceed 300 production wells in total, in the two years immediately following adoption of its proposed regulations. The DRBC then should conduct an extensive study to assess the impact of the initial wells and the effectiveness of its regulations before any further drilling could occur.
New Jersey also remains concerned with wastewater discharges from fracking operations, and wants safeguards in place, particularly for unregulated contaminants, to ensure wastewater does not negatively impact the Delaware River Basin. The State will not agree to any discharge of fracking wastewater until it can be proven that such discharges are not harmful to water quality.
“While protecting the water supply and quality in the Basin is paramount, New Jersey recognizes the significant positive economic impact that the development of this natural gas resource will have on the DRBC states,’’ wrote Commissioner Martin. “We also recognize the important role that the development of Marcellus Shale natural gas plays in the energy security of the United States and as a cleaner fuel source than coal or oil.”
“But New Jersey believes it is imperative that the DRBC move cautiously when authorizing the development of natural gas in the Basin,’’ said Commissioner Martin. “We must work toward guaranteeing that the environmental integrity of the Delaware River Basin is forever protected.’’
New Jersey would require: 1) proper management and disposal of the waste material derived from the fracking process, (2) that sources of water from the Basin required for the extraction activity be sustainable, and (3) evidence that water diversions would not cause adverse impacts to other water users or the environment.
“Without these conditions in place, natural gas development activities in the Delaware River Basin will be unacceptable,’’ wrote Commissioner Martin.
Hydraulic fracturing uses high volumes of water mixed with small amounts of sand and chemical compounds to extract natural gas locked within the shale. New drilling and extraction techniques have renewed interest by energy development companies in drilling for natural gas deposits trapped within the Marcellus formation, which is estimated to contain enough natural gas to meet U.S. demand for decades.
While no drilling would occur in New Jersey, as many as 10,000 wells could be drilled in the Delaware River Basin in Pennsylvania and New York.
The DRBC, whose members include the four Delaware River Basin states (New Jersey, Pennsylvania, New York, and Delaware) plus the U.S. Army Corps of Engineers, has legal authority over both water quality and water quantity issues throughout the Basin. The Commission has proposed natural gas development rules that are now the subject of public comments, which will be accepted through April 15.
Clin-Path Diagnostics to Pay $70,000 Penalty to Resolve Hazardous Waste Violations
The Arizona DEQ and Arizona Attorney General’s Office announced that Clin-Path Diagnostics, LLC, of Tempe will pay a $70,000 penalty as part of a consent judgment entered in Maricopa County Superior Court for hazardous waste violations at its Tempe facility. The company was cited for a total of 18 violations following an ADEQ inspection in August 2009.
“Their unlawful management of hazardous waste put employees and the community at risk but the company has stepped up and improved the way it does business,” ADEQ Director Henry Darwin said.
“We’re glad to see that Clin-Path takes seriously its obligation to protect human health and the environment in Arizona by complying with Arizona’s hazardous waste management statutes,” Attorney General Tom Horne said. The consent judgment is subject to court approval.
Hospital Maintenance Director Pleads Guilty Plea for Illegal Waste Disposal
Garry Lee Glass pled guilty on charges of willfully or knowingly disposing waste. The former Director of Maintenance at West Calcasieu Cameron Hospital, in Sulphur, Louisiana pled guilty to ordering his subordinates to dispose of STERIS 20 Sterilant Concentrate by dumping several packages of the product into a storm drain. STERIS 20 is a corrosive material that is used for the chemical sterilization of medical devices.
In June 2010, Louisiana Department of Environmental Quality’s (DEQ) Criminal Investigation Division received a complaint from DEQ’s Emergency Response Division indicating that Glass ordered his subordinates at the hospital to dispose the STERIS 20 into a storm drain. The investigation led to Glass, who was subsequently arrested.
“Shortcutting proper disposal procedures is a serious matter and can cause a detriment to the protection of human health and the environment,” said Jeffrey Nolan, Manager of DEQ’s Criminal Investigation Division. “Anyone having knowledge of any type of illegal dumping activity should contact the DEQ immediately. Notifications can be anonymous and we welcome any assistance from the public in order to bring these violators to justice.”
Glass pled guilty to the willful and knowing discharge of a substance in violation of the Louisiana Environmental Control Act. Glass was placed on one year of supervised probation, was ordered to pay a $1,000 fine, and must reimburse DEQ for $1,500 in investigative costs.
TVA to Spend up to $5 Billion to Resolve New Source Review Violations
The settlement will require TVA to invest a TVA estimated $3 to $5 billion on new and upgraded state-of-the-art pollution controls that will prevent approximately 1,200 to 3,000 premature deaths, 2,000 heart attacks, and 21,000 cases of asthma attacks each year, resulting in up to $27 billion in annual health benefits. TVA will also invest $350 million on clean energy projects that will reduce pollution, save energy, and protect public health and the environment.
“This agreement will save lives and prevent billions of dollars in health costs. Modernizing these plants and encouraging clean energy innovation means better health protections and greater economic opportunities for the people living near TVA facilities,” said EPA Administrator Lisa P. Jackson. “Investments in pollution control equipment will keep hundreds of thousands of tons of harmful pollutants out of the air we breathe, and help create green job opportunities that will reduce pollution and improve energy efficiency.”
Once fully implemented, the pollution controls and other required actions will address 92% of TVA’s coal-fired power plant capacity, reducing emissions of nitrogen oxide (NOx) by 69% and sulfur dioxide (SO2) by 67% from TVA’s 2008 emissions levels. The settlement will also significantly reduce particulate matter and carbon dioxide (CO2) emissions. Uncontrolled releases of harmful air pollution like sulfur dioxide from power plants can affect breathing and aggravate respiratory and cardiovascular diseases, especially in sensitive populations like children and the elderly.
Communities near TVA’s facilities will directly benefit from $350 million in environmental projects designed to reduce harmful air pollution and promote energy efficiency. These investments will advance environmental justice by reducing pollution in overburdened communities and reducing energy costs for low-income communities. TVA is required to spend $240 million on energy efficiency initiatives including a Smart Energy Communities project that will focus on energy efficiency in low-income communities. TVA will retrofit low-income housing with the most cost-effective energy efficiency technologies—reducing air pollution, energy use, and saving residents money. TVA will also spend $40 million to reduce greenhouse gas emissions through renewable projects such as hybrid electric charging stations and $8 million for a clean diesel and electric vehicle project for public transportation systems.
TVA will also provide $1 million to the National Park Service and the National Forest Service to improve, protect, or rehabilitate forest and park lands that have been impacted by emissions from TVA’s plants, including Mammoth Cave National Park and Great Smoky Mountains National Park.
TVA is an independent, corporate agency of the United States created as part of the Tennessee Valley Authority Act of 1933, and is headquartered in Knoxville, Tennessee. TVA operates 59 coal-fired boilers at 11 plants in Alabama, Kentucky, and Tennessee and operates other energy production facilities, including hydroelectric plants. TVA also provides wholesale power to 155 municipal and cooperative power distributors and direct service to 56 large industrial and government customers, supplying power to approximately nine million people across Alabama, Kentucky, Mississippi, Tennessee, and small portions of Georgia, North Carolina, and Virginia.
The settlement also requires TVA to pay a civil penalty of $10 million, with Alabama and Kentucky receiving $500,000 each and Tennessee receiving $1 million. The states of Alabama, Kentucky, Tennessee, and North Carolina; and three non-governmental organizations, the National Parks Conservation Association, Sierra Club, and Our Children’s Earth Foundation; have been involved in development of this settlement and are signatories to a companion consent decree that will be lodged in federal district court in the Eastern District of Tennessee.
This is the 22nd CAA New Source Review settlement in the coal-fired power plants sector. Reducing air pollution from the largest sources of emissions, including coal-fired power plants, is one of EPA’s National Enforcement Initiatives for 2011-2013. The initiative continues EPA’s focus on improving compliance with the new source review provisions of the CAA among industries that have the potential to cause significant amounts of air pollution.
EPA is accepting public comments on this agreement for a 30-day period from the date notice of the agreement is published in the Federal Register.
Tedeschi Food Shops Penalized for Asbestos Violations
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $30,100 penalty to Tedeschi Food Shops, Inc., based in Rockland, Massachusetts for violations of state asbestos regulations that occurred during renovation work conducted at its convenience store located at 766 Central Street in Leominster.
MassDEP investigators observed the violations during an inspection in August, 2010. The inspectors discovered pieces of asbestos-containing floor tiles that had been improperly removed, handled, and stored on the premises by a general contractor conducting renovation work for Tedeschi’s at the site.
Upon discovery of the violations, MassDEP required Tedeschi’s to retain the services of a Massachusetts Division of Occupational Safety-licensed asbestos contractor to properly remove, package, and dispose of all the asbestos waste, and to cleanup and decontaminate all affected areas of the store.
The company was cited for failing to notify MassDEP about a demolition/renovation operation involving asbestos-containing materials, improper removal and handling of asbestos-containing materials, and for improper handling, packaging, and storage of asbestos-containing waste materials at the site.
Under the terms of a consent order, MassDEP suspended $7,100 of the assessed penalty provided that the company has no further violations for one year. Additionally, Tedeschi’s has revised its store-wide renovation protocol to ensure all areas to be renovated are surveyed for the presence of asbestos, and to ensure that licensed asbestos contractors are retained to remove any asbestos-containing materials identified in the survey prior to commencing work.
“Corporations in Massachusetts must be fully aware of their responsibilities under the regulations to thoroughly inspect areas of their facilities for the presence of asbestos-containing materials prior to commencing renovation or demolition work. Failure to identify and remove asbestos materials prior to commencing such operations is an extremely serious, and ultimately a costly oversight that potentially exposes workers and the general public to a known carcinogen,” said Lee Dillard Adams, deputy director of MassDEP’s Central Regional Office in Worcester. “As this case illustrates, noncompliance such as this inevitably results in significant penalty exposure, as well as escalated cleanup, decontamination, disposal and monitoring costs.”
MassDEP is pursuing a separate enforcement action against the project contractor, John P. Lataille, and the JPL Construction Corp., of Pascoag, Rhode Island.
Group Asks EPA to Ban Triclosan
. The group points to studies showing that the chemical triclosan is no more effective than soap and water at combating bacteria, fungi, and mildew.
Triclosan can be found in detergents, dish-washing liquids, soaps, hand creams, acne medication, deodorants, cosmetics, toothpastes, and as an additive in plastics (such as cutting boards and baby toys) and textiles (e.g., sports wear). The chemical is regulated by the EPA as a pesticide and the agency has been petitioned to review its previous regulatory permission (called a registration) to allow consumer use of triclosan.
Some arguments raised by PEER in support of the triclosan petition brought by Beyond Pesticides include:
- More than 90,000 people die annually in the U.S. from infections that are resistant to antibiotics. Continued use of triclosan will result in more bacteria resistant to antibiotics, thus exacerbating this problem—a caution also voiced by the American Medical Association;
- Widespread use of triclosan makes it probable that Americans of all ages receive life-time exposures to triclosan and it is being discovered in tissues of many people tested; and
- Triclosan is one of the six most prevalent pharmaceuticals found in wildlife scavengers. Nearly a third of wild bottlenose dolphins tested in South Carolina and Florida had detectable triclosan levels. Besides being ubiquitous, it is also bio-accumulating, meaning that concentrations will only go up the food chain.
“In our quest to protect ourselves from germs, Americans are exposing themselves to far greater biological dangers,” stated New England PEER Director Kyla Bennett, a former EPA scientist and lawyer. “Given that there are equally effective, less dangerous alternatives, there is no reason to subject people and the environment to these hazards.”
Another source of concern is triclosan in our waters. Traditional wastewater treatment plants do not remove the triclosan from wastewater. Since it is added to dishwashing liquids, soaps, toothpastes and other personal care products that find their way down the drain, significant amounts enter treatment plants and re then discharged into receiving waters. According to PEER, there is no effective way to remove triclsoan from soils and water. PEER also urged that EPA take action against triclosan under both the Clean Water Act (CWA) and the Safe Drinking Water Act.
“There is mounting evidence that this chemical is finding its way into the water we drink and the food we eat,” added Bennett. “We are asking EPA to meet its clear responsibility under the law to protect public health and the environment.”
Eagle Recycling Wasn’t Recycling
Lieze Associates, dba Eagle Recycling of New Jersey, pleaded guilty last week in federal court in Utica, New York, for conspiring to violate the CWA and to defraud the United States, the U.S. Attorney’s Office for the Northern District of New York and the U.S. Justice Department Environment and Natural Resources Division announced.
Eagle Recycling pleaded guilty before U.S. District Judge Hurd for the Northern District of New York to one criminal felony count for conspiring to violate the CWA’s prohibition on filling wetlands and committing wire fraud to conduct that filling. According to the charges, Eagle Recycling and other co-conspirators, engaged in a multi-year scheme to illegally dump 8,100 tons of pulverized construction and demolition debris that was processed at Eagle Recycling’s North Bergen, New Jersey solid waste management facility and then transported to a farmer’s property in Frankfort, New York.
Shipping Conglomerate Pays $1 Million Penalty and Banned from US
Four corporations involved in owning and operating a fleet of vessels regularly visiting New Orleans pleaded guilty and agreed to pay a $1 million penalty and be banned from doing business in the United States for the next five years under the terms of a proposed plea agreement.
Stanships, Inc. (Marshall Islands), Stanships, Inc. (New York), Standard Shipping, Inc., and Calmore Maritime Ltd., collectively the owners and operator of the M/V Americana, a Panamanian registered cargo vessel, each pleaded guilty in New Orleans before U.S. District Judge Carl J. Barbier to a total of 32 felony counts for violations of the Act to Prevent Pollution from Ships, Ports, and Waterways Safety Act and obstruction of justice.
According to the plea agreement, subject to approval by the court, the four corporations will be prohibited from further business in the United States during the maximum five year period of probation. The plea terms also require personal banning of the owner of the companies who is also a corporate officer in some of the companies owning or technically managing vessels during the probationary period. Of the $1 million penalty, $250,000 will be devoted to community service payments to help conservation, protection, restoration and management projects to benefit fish and wildlife habitats and resources in the Eastern District of Louisiana.
The government’s investigation of the M/V Americana started when a crew member told the U.S. Coast Guard during an inspection of the ship on November 29, 2010, that the ship was illegally dumping sludge and oily waste overboard using a so-called “magic pipe” to bypass required pollution prevention equipment. The crew member provided the Coast Guard with cell phone photos taken at sea showing the use of the bypass. According to an agreed upon factual statement filed in court, the defendants have admitted the following:
- Sludge and oily waste from the vessel’s engines was transferred to a fuel tank and then deliberately pumped overboard.
- The ship had an unreported leak between a ballast and fuel tank that led to overboard discharges of oil contaminated waste from both tanks.
- A black “comet streak” stain of apparent oil was visible on the outside of the ship in the immediate vicinity of the overboard valve when the ship was in New Orleans in December 2010.
- The metal bypass pipe used to dump oily waste overboard was hidden from view when the ship was in port.
- A false Oil Record Book was created to conceal the illegal discharges. Ships are required to keep an Oil Record Book in which internal transfers and overboard discharges are fully recorded. The log is regularly inspected by the Coast Guard to assure compliance with U.S. and international law and to make sure ships are not a threat to U.S. ports and waters.
The defendants also were charged with violating the Ports and Waterways Safety Act because they failed to report a hazardous situation that threatened U.S. ports and waters, involving the failure of the ship’s generators. After a voyage in which the ship had lost power for several days at sea, the ship arrived at the Southwest Pass, La. The master, who opposed proceeding to port until the problem was corrected, was directed by a shore-side manager to write an email indicating that the ship had two generators. This was communicated to the Coast Guard which then allowed the ship to enter the Mississippi River. However, the agency was not told that neither of the two generators was fully operational or able to power the ship, and that there was no backup since a third generator was completely inoperable. Because of the hazardous situation, the master ordered tug boats to guide the ship into port.
Stanships Inc. (Marshall Islands) is a repeat offender. It committed new crimes after it was sentenced on Sep. 29, 2010, for deliberate discharges in U.S. waters and concealing illegal pollution in falsified ship records from the M/V Doric Glory. In that case, U.S. District Judge Helen G. Berrigan ordered the defendant to implement a comprehensive environmental compliance plan and pay $700,000 in criminal fines and an additional $125,000 as community service payments. In pleading guilty, Stanships Inc. (Marshall Islands) admitted that it violated the terms of its probation. The M/V Doric Glory prosecution was also initiated by crew members. The court issued an award to the two whistleblowers under the Act to Prevent Pollution from Ships which provides that up to one-half of a criminal fine can be awarded to those providing information that leads to conviction.
“Together with our partners at the Coast Guard, Environmental Protection Agency, and United States Attorney’s Office, we are sending the message that we will vigorously prosecute deliberate violations of environmental and safety laws,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “As a consequence of their violations of the law, Stanships’ vessels and related corporations will pay a substantial fine and be barred from doing business in the United States for the next five years.”
“The endangerment of our environment and quality of life resulting from repeat offenders is simply unacceptable and will not be tolerated. We will work aggressively with our partners in the U.S. Department of Justice Environment and Natural Resources Division, U. S. Coast Guard and EPA Criminal Investigative Division to ensure that our water, our rivers and wetlands remain safe for our citizens and for future generations,” said Jim Letten, U.S. Attorney for the Eastern District of Louisiana.
“The outcome of this case clearly demonstrates the Coast Guard’s commitment to work with our interagency partners to aggressively enforce all maritime anti-pollution laws. These federal laws are in place to protect the marine environment and America’s waterways. It is especially disappointing to see a repeat offender violate these laws. This case is a testament to the dedication of all persons who were involved in resolving this matter including my legal staff, Coast Guard Investigative Service, Coast Guard Sector New Orleans, the U.S Department of Justice Environmental Crimes Section and U.S. Attorney’s Office for the Eastern District of Louisiana,” said Rear Adm. Mary E. Landry, Eighth District Coast Guard commander.
“Today’s action demonstrates that neither the government nor the public will tolerate the flagrant and repeated violation of U.S. laws,” said Ivan J. Vikin, Special Agent in Charge of EPA’s criminal enforcement program in Louisiana. “The government contends that the defendant not only failed to carry out the terms of its probation, it knowingly released oil into our oceans after the sentence was passed. The oceans must be protected from shipping companies that look to cut corners by dumping waste improperly.”
“No matter how vast they seem, aquatic resources are still finite and the Coast Guard Investigative Service remains committed to their preservation,” said Damon Rodriguez, Coast Guard Investigative Service Gulf Region special agent in charge.
This case was investigated criminally by the U.S. Coast Guard Criminal Investigative Services and the EPA Criminal Investigation Division, with assistance from Sector New Orleans, Eight Coast Guard District Office of the Judge Advocate. The case was prosecuted by Assistant U.S. Attorneys Emily K. Greenfield and Dorothy Manning Taylor, and Senior Trial Attorney Richard A. Udell of the Environmental Crimes Section of Department of Justice Environment and Natural Resources Division.
According to court documents, Eagle Recycling and other conspirators concealed the illegal dumping by fabricating a New York State Department of Environmental Conservation (DEC) permit and forged the name of a DEC official on the fraudulent permit. Eagle Recycling admitted in the plea agreement that once DEC and the EPA learned of the illegal dumping, the company began a systematic pattern of document concealment, alteration and destruction including, but not limited to, destroying documents during the execution of a federal search warrant, secreting documents responsive to grand jury subpoenas, falsifying certifications submitted to the Grand Jury, and falsifying and submitting environmental sampling to the EPA.
As part of the plea agreement, Eagle Recycling has agreed to pay a criminal fine of $500,000, to implement an environmental compliance plan at its North Bergen facility, and to pay restitution which potentially includes cleanup costs at the Frankfort, N.Y., site.
U.S. Attorney Richard S. Hartunian said “This case is another example of our continued efforts to aggressively prosecute those who illegally pollute the environment. The joint efforts of the state and federal investigation team that brought this case to a successful conclusion are to be commended.”
“This investigation underscores the extent that environmental polluters will go to avoid New York and federal environmental laws,” said New York State Department of Environmental Conservation Commissioner Joe Martens. This long term investigation, first stated in 2006, highlights the complexity of the crime and propensity of the criminal actors to cross state lines to help cover their actions. It was only through the cooperative investigation by the New York State Environmental Conservation Police, Bureau of Environmental Crimes (BECI), EPA, US Attorney’s office and the New Jersey State Police that this criminal enterprise was uncovered and further environmental damage avoided.”
This plea is related to the plea of Jonathan Deck who pleaded guilty to similar conspiracy charges in late-2009. Sentencing has been scheduled for September 9, 2011.
New England Hydro-Transmission Electric Company Fined $5,000 for Air Pollution Violation
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $5,000 penalty to New England Hydro-Transmission Electric Company, Inc. for installing an emergency generator at its Ayer facility without receiving Air Pollution Control approval from MassDEP. The Waltham-based company operates a high voltage direct current (HVDC) converter terminal on Radisson Road, a location also known as Sandy Pond.
A consent order with MassDEP requires New England Hydro-Transmission to submit an Air Quality application for the emergency engine, and to pay the $5,000 penalty to the Commonwealth. The violation of the Air Pollution Control regulations was self-reported once it was discovered.
“The company quickly reported that the engine had been installed without the proper Air Quality approval, and it followed up by submitting the appropriate application for review once the oversight was discovered,” said Lee Dillard Adams, deputy director of MassDEP’s Central Regional Office in Worcester.
Lady Bug Oil Company Fined for Violating the Clean Water Act
EPA has fined the Lady Bug Oil Company of Blackwell, Oklahoma, $2,900 for violating the CWA’s Spill Prevention, Control and Countermeasure () regulations. A recent inspection of four of the company’s oil production facilities in Kay County, Oklahoma, revealed a variety of SPCC violations.
These included training records not available for review and not maintained for three years as required by federal regulations and unavailable for review. EPA also found periodic inspections were not conducted to determine general condition and deterioration and maintenance needs of containers, foundations and supports or above ground valves and pipelines.
As part of an April 5, 2011, Expedited Settlement Agreement with EPA, the facility has provided certification that all identified deficiencies have been corrected.
SPCC regulations require onshore oil production or bulk storage facilities to provide oil spill prevention, preparedness and responses to prevent oil discharges. The SPCC program helps protect our nation’s water quality. A spill of only one gallon of oil can contaminate one million gallons of water.
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Trivia Question of the Week
How much of the energy consumed by a refrigerator ice maker is used to cool water and create ice?
a. 90%
b. 60%
c. 45%
d. 25%
