The videos cover a range of topics related to climate change, including its causes and impacts, actions Americans can take to reduce their impact, and the benefits to the economy of addressing climate change. The new video series supports the President’s Climate Action Plan by encouraging American families to reduce the amount of energy they consume, cutting down on their utility bills and protecting people’s health.
A warming climate can adversely impact water supplies, agriculture, power and transportation systems, as well as the health and safety of Americans and the nation’s economy. These videos show that there are simple things that all Americans can do to help.
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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.
EPA Focusing on Industrial Stormwater Compliance in an Effort to Restore Puget Sound
“By focusing our efforts on industrial stormwater compliance, EPA and the Washington Department of Ecology are tackling one of the top environmental threats to Puget Sound,” said Ed Kowalski, director of EPA’s enforcement program in Seattle. “These focused actions help bring us closer to restoring the health of Puget Sound.”
Stormwater runoff from industrial sites, if not properly controlled and treated, can transport toxic chemicals, heavy metals, excess sediment, and nutrients, directly into Puget Sound and waterways. These pollutants harm the Puget Sound ecosystem and marine life. EPA and Ecology help ensure compliance and enforce clean water rules at permitted and unpermitted industrial stormwater sources to reduce these pollutants in Puget Sound.
Ash Grove Cement Company, a Seattle cement manufacturer, discharged industrial stormwater to the Duwamish East Waterway via Seattle storm drains, without a permit from 1992 to 2010. Pollutants in the company’s stormwater included toxic metals copper and zinc.
Waste Management of Washington, Inc., a Seattle truck-to-rail transfer facility, discharged industrial stormwater via storm sewers to the Duwamish River in violation of the Washington industrial stormwater general permit on multiple days in 2009 to 2011. The company discharged truck wash water to a nearby storm drain and failed to monitor pollutants in its stormwater discharges, including petroleum and zinc. EPA and Washington State Department of Ecology (Ecology) inspectors jointly investigated this facility for compliance with the Washington industrial stormwater permit.
Gary Merlino Construction Company, a Seattle construction storage yard and maintenance facility, discharged industrial stormwater to the Duwamish River in violation of the Washington industrial stormwater general permit from 2010 to 2012. The company failed to revise its pollution prevention plan and best management practices, to reduce zinc and turbidity in its stormwater, and failed to cover two facility dumpsters.
Special Interest Auto Works, Inc., of Kent, an auto wrecking and recycling facility, discharged industrial stormwater to the Green River, without a permit from 2008 to 2012. Pollutants in the facility’s stormwater included high levels of petroleum, zinc, copper, and lead.
Pennsylvania DEP Approves Proposed Regulation for Oil and Gas Surface Activities
The Pennsylvania Department of Environmental Protection (DEP) has announced that the Environmental Quality Board (EQB) approved a proposed regulation that will strengthen environmental protection performance standards associated with oil and gas activities.
This proposed rulemaking reflects significant input from statewide environmental organizations, local government groups, residents living near well sites, and industry representatives who have met with DEP over the last two years to share their expertise in shaping this proposal.
DEP has recommended increasing the public comment period for the proposal from the normal 30-day timeframe and holding one public hearing, to a 60-day comment period with at least six public hearings across the state to gather as much public input as possible.
“Through Governor Corbett’s leadership, Pennsylvania is proving that economic opportunity does not have to occur at the expense of environmental stewardship,” Acting DEP Secretary Chris Abruzzo said. “We are working hard to ensure that natural gas development is done according to the high and consistent standards Pennsylvanians expect.”
This proposed regulation furthers DEP’s implementation of the tasks it was assigned by the General Assembly under Act 13 of 2012. Corbett signed Act 13 on February 14, 2012, and the law represents the first comprehensive update and strengthening of the state’s oil and gas laws in nearly 30 years.
The draft regulation includes provisions further enhancing the consideration of impacts to public resources, such as parks and wildlife areas; the prevention of spills; the management of waste; and the restoration of well sites after drilling.
Additionally, the draft rulemaking also includes standards affecting the construction of gathering lines and temporary pipelines, and includes provisions for identifying and monitoring abandoned wells close to well sites.
“This proposed regulation includes comprehensive amendments that are designed to reduce potential environmental impacts from oil and gas activities,” Abruzzo said. “I personally want to thank the EQB for their support in moving this historical package forward.”
The draft regulation will be reviewed by the Attorney General’s Office and the Office of General Counsel. After the offices’ review, the comment period will be opened and the public invited to submit written comments to the EQB.
Details on where comments can be submitted on the draft rulemaking will be provided when the proposal is published in the Pennsylvania Bulletin and on DEP’s website. The dates and locations of the six public hearings will be announced by the EQB in the near future on the website and through a news release issued by the department.
Two California Firms Agree to Settle Clean Air Act Violations
MotorScience and Zheng have agreed to have a stipulated judgment entered against them for a $3.55 million civil penalty and to pay an additional $60,000 civil penalty within six months. The US will receive 80% of collected penalties, and California will receive the remaining 20%.
“This illegal importation of over 20,000 vehicles evaded federal emission standards, jeopardizing human health,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Engines operating without proper emissions controls can emit excess carbon monoxide, hydrocarbons and oxides of nitrogen which can cause respiratory illnesses, aggravate asthma and contribute to the formation of ground level ozone or smog.”
“Vehicles and engines that are manufactured overseas and sold in the US must meet the same Clean Air standards as domestically-made products,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “We will continue to vigorously enforce these laws to ensure that American consumers get environmentally sound products that do not pollute the atmosphere and violators do not gain an unfair economic advantage by skirting the law.”
“The integrity of new vehicle standards are the foundation for achieving our air quality goals in California,” said ARB Enforcement Chief James Ryden. “When a manufacturer circumvents these requirements, they not only cheat their customers and competitors, but they also shortchange every citizen of our state who relies upon our shared actions to clean the air.”
The recent settlement also requires that for the next 15 years, before either MotorScience or Zheng may engage in any further work involving non-road vehicles and engines, they must follow a rigorous compliance plan to ensure that any emissions testing and certification applications submitted to EPA or the ARB accurately represent those vehicles and engines. Non-road vehicles and engines include recreational vehicles, generators, lawn and garden equipment, and other non-road internal combustion engines.
EPA’s investigation showed that MotorScience obtained EPA certificates of conformity for numerous vehicles without conducting required emissions testing. As alleged in separate complaints filed in federal district court by the US and the state of California in September 2011, MotorScience arranged for emissions testing of a limited number of vehicles, and then reused those results to obtain certificates of conformity for numerous other, dissimilar vehicles. For at least three of those vehicles, EPA confirmed that their emissions exceeded the federal limits for hydrocarbons and nitrogen oxides.
MotorScience and its president, Zheng, provide consulting services for vehicle manufacturers and other clients interested in obtaining certificates of conformity from EPA to allow import of their vehicles into the US. In 2010, EPA voided 12 certificates held by four of the defendants’ clients, who were US-based importers for Chinese recreational vehicle manufacturers. The complaints filed by the US and California alleged that defendants caused four of their clients to illegally import vehicles under federal certificates and California executive orders that were voided. The complaints further alleged that defendants caused their clients to fail to create and maintain required records on emissions testing.
The CAA prohibits any vehicle or engine from being imported into or sold in the US unless it is covered by a valid, EPA-issued certificate of conformity demonstrating that the vehicle or engine meets applicable federal emission standards. The CAA also prohibits any actions that cause the importation of uncertified vehicles or that cause recordkeeping violations. Similarly, the California Health and Safety Code prohibits any vehicle or engine from being distributed or sold in California, unless such vehicle or engine is covered by a valid, ARB-issued executive order demonstrating that the vehicle or engine meets applicable California emission standards.
The certificate of conformity is the primary way EPA ensures that vehicles and engines meet emission standards. This enforcement action is part of an ongoing effort by EPA to ensure that all imported vehicles and engines comply with the CAA’s requirements.
Corpus Christi Plant Agrees to Pay Over $750,000 to Improve Emission Controls
In accordance with a recently issued consent agreement, the MarkWest Javelina plant will invest over $650,000 for facility operations improvements that will reduce flaring events and improve communications with the local community.
The consent agreement addresses a number of violations occurring from September 1, 2012 to January 30, 2013.
“EPA is committed to reducing toxic air pollution from sources that have an impact on the health of our citizens,” said Ron Curry, EPA’s Regional Administrator. “This agreement has a positive and direct impact on improving air quality and communication for the surrounding community.”
In addition to improving flare efficiency, the settlement requires that MarkWest Javelina improve operational reliability without increasing facility emissions and improve emission controls. The company will also establish a 24-hour hotline to answer any community questions about flaring events at the facility.
The recent agreement continues EPA’s efforts to reduce emissions of toxic air pollutants, with a particular focus on industrial flares. These requirements focus on reducing the amount of waste gas sent to flares and on improving flare operations, both of which work to reduce toxic emissions. Improper operation of an industrial flare can send hundreds of tons of hazardous air pollutants into the air. More pollution results when waste gas is sent to a flare, or if the flare is inefficient. EPA wants companies to flare less, and when they do flare, to burn the harmful chemicals found in the waste gas.
EPA’s goals include focusing on improving compliance among industries with significant potential for environmental harm due to air emissions located near communities.
The facility is required to pay the penalty within 30 days of filing the consent agreement.
Houston Air Quality Continues to Improve Despite Population Growth
EPA recently proposed a finding that the Houston metro area is on track to attain an important milestone in ozone-pollution reduction. This follows a nearly 25-year trend of decreasing ozone readings for the area, despite significant population growth.
This means EPA believes the emissions-cutting measures in the state’s plan have put the Houston-Galveston-Brazoria area on track to meet the 1997 federal 8-hour ozone standard of 84 parts per billion (ppb) by 2018. The proposed rule is being made available for a 30-day review and comment by the public. After considering comments, EPA will take final action.
Historic ozone levels in the Houston area show this anticipated decline is part of a decades-long trend. Since the late 1980s, ozone levels have fallen steadily from about 120 ppb to current levels of 88 ppb. These reductions are even more impressive given Houston’s rank as one of the fastest-growing metropolitan areas in the country. While reducing ozone pollution brings Houston closer to attaining federal clean-air standards, it also improves people’s health, especially among children, the elderly, and those with breathing problems.
As one of the main industrial areas of Texas, Houston will also benefit from monitoring greenhouse gas (GHG) emissions. To date, EPA has issued all final GHG permits to eligible Texas facilities by the deadline. From pre-application consultations to post-application technical sessions, EPA’s permitting program helps Texas companies obtain their GHG permits within the one-year statutory deadline. The pre-consultation program has reduced the number of incomplete applications and helped many companies submit information required to complete their permit applications. GHG permit applications are processed in order of a complete application submitted to the agency. EPA has issued 18 final permits and is working on another 21.
Louisiana DEQ Issues Penalty and Approves Proposed Settlement Agreement with ExxonMobil
The Louisiana Department of Environmental Quality (DEQ) has issued a penalty to ExxonMobil Corporation in the amount of $61,912.39 for violations associated with a June 14, 2012, steam-cracked naptha release at the Baton Rouge Complex. DEQ has also approved a proposed settlement agreement totaling $2,329,000 with ExxonMobil to resolve other violations which occurred between 2008–2013 at the Baton Rouge Refinery and three other facilities owned and/or operated by ExxonMobil Corporation in the Baton Rouge area. The proposed settlement agreement must be public noticed and reviewed by the Attorney General’s Office before it can be finalized.
The settlement agreement, proposed by ExxonMobil and approved by DEQ is a result of extensive negotiations between the parties. The proposed settlement includes a civil fine of $300,000 to the DEQ and Beneficial Environmental Projects (BEP) in the amount of at least $1,029,000. As part of the proposed settlement agreement, ExxonMobil must provide a plan to implement Spill Prevention Control and Countermeasures (SPCC), as well as improvements at the Baton Rouge Complex in the amount of at least $1 million. The goal of the SPCC improvement project is to prevent, minimize, and better manage spills occurring at ExxonMobil’s Baton Rouge Complex. The proposed settlement agreement also contains stipulated penalty language to address future violations at the facilities listed in the proposed agreement.
A portion of the proposed BEP’s funding will go to ReBuilding Together and to the Local Emergency Planning Committee (LEPC) to address some of the concerns that were expressed by local residents at a community meeting shortly after the June 14 release. ReBuilding Together is an organization that provides services to assist elderly, low-income homeowners in making their homes more airtight and energy efficient. The LEPC is an effort to enhance call out and dial down systems with regard to notifying area residents of a release and to promote awareness and preparedness for incidents and natural disasters.
Other proposed projects include: submittal of a plan for Groundwater Reduction Projects to reduce groundwater used by the facility; funding for improvements to the DEQ Early Warning Organic Chemical Detection System; funding to Baton Rouge Green for a NeighborWoods project; funding to the Louisiana Foundation for Excellence in Science, Technology, and Education (LaFESTE) for air quality projects; funding for DEQ Air Quality Modeling project targeted at assessing vehicle emissions; funding to the Baton Rouge Area Foundation for groundwater resource awareness and water quality issues; and installation of a meteorological station at the Baton Rouge Complex to enhance incident reporting capability.
“It is a DEQ priority to address environmental releases,” said DEQ Secretary Peggy Hatch. “DEQ encourages facilities to evaluate their systems and proactively make improvements that will prevent or reduce releases of excess emissions or pollutants into the environment. I believe the environmental projects proposed by ExxonMobil as part of this settlement will provide long-lasting environmental benefits for citizens residing and working in and around the Greater Baton Rouge area.”
Massachusetts Company Assessed $11,647 Penalty for Violating Waste Site Cleanup Requirements
The Massachusetts Department of Environmental Protection (MassDEP) has issued an $11,647 penalty to 123 Central Ave. Realty Corp., the owner of a former metal plating facility in Ayer, for failing to notify MassDEP within the timelines established under the Commonwealth’s hazardous waste site cleanup regulations for a release of hazardous materials. The Billerica-based realty company also made false and misleading statements in a submittal made to MassDEP.
The light industrial property at 123 Central Avenue in Ayer was operated as an electroplating facility from 1969 to 2003. The facility was serviced by an on-site septic system until it was connected to the municipal sewer system in December 1983. The hazardous wastes impacting the environment were discharged through the septic system.
123 Central Ave. Realty Corp., obtained knowledge of a release of heavy metals—such as cadmium, chromium, lead, and nickel—to the groundwater when it acquired the property in June 2001, but failed to notify MassDEP of this release until May 16, 2011. In its notification form submitted to MassDEP, 123 Central Ave. Realty Corp., incorrectly stated that it had only obtained knowledge of the release in February 2011.
Following negotiations, 123 Central Ave. Realty Corp., agreed to a consent order for failing to notify MassDEP within 120 days of its knowledge of the hazardous materials release and for making false or misleading statements in a submittal to MassDEP. Under the terms of the order, MassDEP suspended $5,847 of the penalty to assure completion of the work in accordance with the regulations.
“The timely notification of oil and hazardous material releases to MassDEP is the foundation of the privatized waste site cleanup program,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester. “When a release is discovered, it is in everyone’s best interest to get the cleanup process started as quickly as possible, beginning with notification to MassDEP within the established timelines.”
New Mexico Environment Department Settles Enforcement Action with Intrepid Potash
The New Mexico Environment Department has entered into a settlement agreement with Intrepid Potash–New Mexico, LLC, with a total monetary value of $76,000 to resolve alleged violations of air quality permits at the company’s East Plant Facility.
“The Environment Department remains fully committed to protecting the air New Mexicans breathe,” said New Mexico Environment Department Secretary-Designate Ryan Flynn. “We take these violations seriously and we are very pleased Intrepid promptly implemented corrective action to fix these violations.”
The violations were discovered during an onsite inspection that took place in March 2012. The allegations include matters pertaining to monitoring, recordkeeping, and reporting requirements. The company took prompt actions to correct the identified problems.
River Samples Taken Near Nighthawk after Upstream Coal Slurry Spill in Canada
The Washington Department of Ecology (Ecology) and the Okanogan County Department of Emergency Management are sampling the Similkameen River near Nighthawk as a precaution following a coal slurry spill upstream in Canada.
About 6,000 gallons of water containing coal dust from the Coalmont Energy mine near Princeton, British Columbia, recently spilled over the banks of a containment pond into the Tulameen River. The spill turned the river water black.
The spill into the Tulameen, which flows into the Similikameen River, occurred about 80 miles from the border town of Nighthawk, Washington. From Nighthawk, the Similkameen flows to the Okanogan River near Oroville in Okanogan County.
Canadian authorities report the material appears to be settling out into the riverbed not far from the source of the spill.
Washington state officials do not anticipate the spill will harm state waters, but they plan to confirm that spill related contaminants are not a concern.
Washington and Canadian government officials are continuing to share information and remain in communication about the spill.
Florida Pollution Enforcement in Paralysis
Enforcement of anti-pollution laws in Florida have plummeted to historic low levels during the second full year of Governor Rick Scott’s tenure, according to agency figures released recently by Public Employees for Environmental Responsibility (PEER). Unprecedented, deep across-the-board declines occurred in all areas of enforcement activity in nearly every district and division within the state Department of Environmental Protection (DEP).
This fall-off in cases brought, enforcement orders, and fines assessed and collected during 2012 comes on top of significant drops in these measures in 2011. The decline appears to reflect directives by Governor Scott’s DEP that staff should avoid pursuing enforcement action if at all possible. At the same time, DEP has been impacted by layoffs targeting staff with enforcement duties.
“These latest figures document a jaw-dropping abdication of pollution protections in Florida,” stated Florida PEER Director Jerry Phillips, a former DEP enforcement attorney, who conducted the analysis. “If Florida is in a race to the bottom, it has reached the basement.” The DEP figures show that in 2012:
- Pollution penalties collected fell 70% in just one year, contributing to an 81% drop in payments from polluters since 2010. At the same time, commitments from violators for alternatives to fines, such as in-kind and “penalty prevention projects,” also dropped by nearly two-thirds (65%).
- The number of enforcement consent orders issued was the lowest in DEP history
- The total number of new cases opened by DEP dipped by 42% in 2012, off 58% since 2010
When confronted with this trend, DEP officials allege that lower enforcement is a function of heightened compliance by regulated industries. DEP has not been able to support these assertions, however.
“If you believe that gutting enforcement leads to fewer pollution violations, I’ve got some swampland you may want to buy,” Phillips replied, pointing out that plummeting penalty revenue precludes DEP from monitoring compliance. “The rising pollution toll on Florida’s environment is obvious in growing algal blooms, aquifer contamination and mercury levels in wildlife.”
“In Florida, pollution penalties are no longer even a cost of doing business because free passes are now so plentiful,” Phillips concluded. “Industry self-regulation does not work on Wall Street to protect consumers and it surely does not work to protect our air, lands and waters.”
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Trivia Question of the Week
What international agreement set the groundwork for phasing out chlorofluorocarbons (CFCs) and other substances known to deplete the ozone layer?
a. Multi-effect Protocol
b. EMEP Protocol
c. Montreal Protocol
d. Geneva Protocol
