“Multiple factors play a role in bee colony declines, including pesticides. The Environmental Protection Agency is taking action to protect bees from pesticide exposure and these label changes will further our efforts,” said Jim Jones, assistant administrator for the Office of Chemical Safety and Pollution Prevention.
The announcement affects products containing the neonicotinoids imidacloprid, dinotefuran, clothianidin, and thiamethoxam. The EPA will work with pesticide manufacturers to change labels so that they will meet the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) safety standard.
In May, the US Department of Agriculture (USDA) and EPA released a comprehensive scientific report on honey bee health, showing scientific consensus that there are a complex set of stressors associated with honey bee declines, including loss of habitat, parasites and disease, genetics, poor nutrition, and pesticide exposure.
The agency continues to work with beekeepers, growers, pesticide applicators, pesticide and seed companies, and federal and state agencies to reduce pesticide drift dust and advance best management practices. The EPA recently released new enforcement guidance to federal, state, and tribal enforcement officials to enhance investigations of beekill incidents.
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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.
California State Court of Appeal Leaves Low Carbon Fuel Standard in Place
On July 15, 2013, the State of California Court of Appeal, Fifth Appellate District issued its opinion in POET, LLC v. California Air Resources Board (July 15, 2013) 217 Cal.App.4th 1214, --- Cal.Rptr.3d ----, 2013 WL 3821605 (Cal.App. 5 Dist.), 2013 Daily Journal D.A.R. 9223. The Court held that the Low Carbon Fuel Standard (LCFS) would remain in effect and that the Air Resources Board (ARB or Board) can continue to implement and enforce the 2013 regulatory standards while it corrects certain aspects of the procedures by which the LCFS was originally adopted. Accordingly, ARB staff is continuing to implement and enforce the LCFS while addressing the Court’s concerns.
ARB staff had planned to propose amendments to the LCFS regulation in October 2013; instead, they will be proposing for the Board’s consideration in 2014 a consolidated regulation package that responds to the Court’s decision and contains additional amendments that staff considers important for the continued success of the LCFS program. Meanwhile, the 2013 LCFS standards, which represent a 1.0% decrease in carbon intensity from the 2010 baseline values for gasoline and diesel, will remain in effect through 2014.
The LCFS is designed to help clean the air, protect the environment, and drive the development of clean, low-carbon fuels to improve California's energy security and energy independence.
EPA Webcast for Steam Electric Industry on Proposed Effluent Guidelines
EPA will conduct a free webcast on our proposed effluent guidelines for the steam electric power generating Industry on August 20, 2013, from 11am-1pm (EST). EPA will kick off the webcast by providing a summary presentation on the proposed rule. Registration is required to participate in the webcast online. Webcast registrants are asked to submit any questions about the proposal in advance of the webcast, though participants will also be able to type additional questions during the webcast. EPA's regional offices will also provide meeting rooms where members of the public can watch the webcast and submit written questions (registration is not required to attend in person).
EPA Partially Withdraws New Heavy-Duty Engine and Vehicle and Nonroad Regulations
The withdrawal relates to four principal EPA provisions and one principal NHTSA provision.
The EPA provisions are: (1) Test requirements for heavy-duty greenhouse gas emissions in 40 CFR part 1037, (2) optional chassis certification for heavy-duty greenhouse gas emissions in 40 CFR part 1037, (3) expanded technical hardship for equipment manufacturers installing nonroad diesel engines, and (4) the replacement engine exemption in 40 CFR part 1068, along with the corresponding changes to 40 CFR 1042.615. The NHTSA withdrawal relates to the provision for optional chassis certification for heavy-duty fuel efficiency requirements in 49 CFR 535.5(a)(6).
EPA stated in the direct final rule that if the agency received adverse comment by July 17, 2013, as to any part of the direct final rule, those parts would be withdrawn by publishing a timely notice in the Federal Register. Because EPA and NHTSA received adverse comment related to certain provisions, we are withdrawing those amendments and they will not take effect. The specific provisions that are being withdrawn are identified below. To avoid any confusion with respect to 40 CFR 1068.240, concerning an exemption for replacement nonroad engines, the effect of this withdrawal is that the current provisions of that section remain in effect through Sec. 1068.240(d). The direct final rule also republished paragraphs (e) and (f) and removed paragraph (g) of Sec. 1068.240, and these are not being withdrawn.
EPA published a parallel proposed rule on the same day as the direct final rule. The proposed rule invited comment on the substance of the direct final rule with respect to EPA's amendments to 40 CFR parts 1037, 1039, 1042, and 1068. EPA intends to consider the comments received and proceed with a new final rule, including, but not limited to, addressing the amendments that relate to replacement nonroad engines that are withdrawn by this notice. As stated in the parallel proposal, EPA will not institute a second comment period for the proposed action with respect to the provisions that are withdrawn by this notice. One adverse comment relates to EPA's provision in 40 CFR 1037.150(l) and NHTSA's provision in 49 CFR 535.5(a) (6). NHTSA may issue a notice of proposed rulemaking (NPRM) and provide another opportunity to comment for the withdrawn amendment to 49 CFR 535.5(a) (6). Both agencies would coordinate any final actions on 40 CFR 1037.150(l) and 49 CFR 535.5(a) (6). The amendments for which no negative comments were received are not being withdrawn and will become effective on August 16, 2013, as provided in the June 17, 2013 direct final rule.
Accordingly, the amendments to 40 CFR 1037.104(d)(9)(i),1037.104(d)(9)(iii), 1037.104(g)(3)(iv), 1037.104(g)(7), 1037.150(l), 1039.104(g), 1039.625(m), 1042.615, and 1068.240 introductory text and paragraphs (a) through (d) published on June 17, 2013 (78 FR 36388), were withdrawn by EPA as of August 16, 2013, and the amendment to 49 CFR 535.5 published on June 17, 2013 (78 FR 36388) is withdrawn by DOT as of August 16, 2013.
Carriers Fined $440K for Violating Fuel Regulation
The California Air Resources Board has fined three international shipping companies a combined $440,250 for failure to switch from bunker fuel to cleaner, low-sulfur marine distillate fuel upon entering Regulated California Waters, as required by state law.
“Ships en route to California ports emit thousands of tons of diesel exhaust each year,” said ARB Enforcement Chief Jim Ryden.
“Our regulation requiring ocean-going vessels to switch to cleaner fuel within 24 nautical miles of our shoreline protects all California residents, especially those in port communities, from this air pollution.”
An ARB investigation showed that on 17 visits to California ports between November 6, 2009 and July 18, 2011, the vessel Hoegh Inchon operated its main engines within Regulated California Waters on bunker fuel, a dirtier fuel oil that contributes to onshore pollution levels of diesel particulate matter, sulfur oxides, and nitrogen oxides. The parent company, Hoegh Autoliners Shipping AS Co., of Oslo, Norway, was fined $299,500.
In February 2013, prior to docking at the Ports of Stockton and Long Beach, the Ikan Bawal was cited for failing to switch its engines over to the required cleaner fuel while operating within Regulated California Waters. Its owner, N.C.N Corporation Panama, was fined $87,750.
In August 2012, after it docked at the Port of Los Angeles, the vessel K-Pluto was also cited for failing to switch to the required cleaner fuel while operating within Regulated California Waters. Its parent company, Twin Phoenix Shipping S.A. of Singapore, was fined $53,000.
All three companies complied with ARB’s investigation and agreed to abide by all pertinent ARB regulations, follow fuel switchover requirements, and keep accurate records. The fines go to the California Air Pollution Control Fund to support air quality research.
The ARB conducts over 500 ship inspections each year, checking for proper fuel usage, record-keeping and other compliance requirements, and takes marine gas oil or marine diesel oil samples for submission to the ARB laboratory to ensure they meet California standards for sulfur.
Compliance rates with ARB’s Ocean-going Vessel Regulation, adopted in 2008, is very high, hovering around 95%. The measure eliminates 15 tons of diesel particulate matter—a known carcinogen—daily from ocean-going vessels’ exhaust. The regulation is considered a vital tool in helping to reduce cancer rates and premature deaths for those who live near the state’s busy ports and trade corridors.
Diesel exhaust contains a variety of harmful gases and over 40 other known cancer-causing compounds. In 1998, California identified diesel particulate matter as a toxic air contaminant based on its potential to cause cancer, premature death, and other health problems.
ARB's mission is to promote and protect public health, welfare, and ecological resources through effective reduction of air pollutants while recognizing and considering effects on the economy. The ARB oversees all air pollution control efforts in California to attain and maintain health based air quality standards.
EPA Releases Strategies for Supporting Efficient Water Use
This information is directed to small and medium sized public water systems, state drinking water programs, and technical assistance providers that interact with those systems. Implementing water and energy efficient strategies provides a wide range of benefits for utilities, consumers, businesses, and the community as a whole. Using less water means treating less water, which helps reduce the strain on our water supplies and water sector infrastructure. Providing water and wastewater services is an energy-intensive effort. EPA estimates nationally 3–4% of electricity consumption, equivalent to $4 billion, is used to provide drinking water and wastewater services each year. Utilities use management strategies and cost-effective investments in water and energy efficiency to help minimize cost.
Beauty Product Distributor Fined $213,000 for Products that Violate Air Quality Regulations
Midway Importing, Inc., a nationwide distributor and marketer of Hispanic health and beauty care brands, has paid a penalty of $213,000 for violating consumer products regulations that protect air quality, the Air Resources Board announced recently.
The Houston, Texas-based company agreed to pay the fine after the Air Resources Board determined that multiple hair gel products that were sold and/or supplied by Midway Importing exceeded state limits for volatile organic compounds.
These compounds are regulated by the Air Resources Board because they react with other pollutants under sunlight to form ground-level ozone, a main ingredient in smog. As a result of direct sales to consumers, the products in question contributed an estimated 23.9 tons of excess VOC emissions to California's air.
During routine inspections at retail outlets in California in 2010, Enforcement Division staff purchased Moco de Gorila Gel Estilo Galan hair gel, also known as Gorilla Snot, manufactured by Nattura Laboratorios of Mexico.
The product was tested by ARB's Monitoring and Laboratory Division and found to have exceeded the VOC limit for hair styling products. Further investigation revealed that other similar hair gel products were imported into the US and distributed into California by Midway Importing.
Abilene Products Co., Inc., Agrees to $90,660 Settlement for Violations of Clean Air Act
As part of its settlement agreement with EPA Region 7, the company will spend an additional $75,370 to complete a supplemental environmental project.
The settlement stems from an inspection that revealed Abilene Products failed to develop and implement a Risk Management Program for its fertilizer facility that complied with the requirements of the chemical accident prevention regulations.
Following community complaints, EPA inspected the facility in November 2011. At that time, the facility was storing more than nine times the threshold quantity of anhydrous ammonia. Anhydrous ammonia is a toxic chemical and short-term exposure to high concentrations can cause death. The potential for emergency personnel and the community to be exposed to an accidental release was increased due to the facility’s failures to comply with numerous risk management program requirements. Abilene Products chose to remove a total of 99,000 lb. of anhydrous ammonia from the facility.
Abilene Products will complete a supplemental environmental project valued at $75,370 as a part of the settlement. The company will install a weather station system and an automated safety system at the facility to increase the safety of chemicals stored on site.
By agreeing to the settlement, Abilene Products has certified that it is in compliance with the CAA and all of its requirements.
Idaho Men Sentenced to Prison for Asbestos Violations
Bradley Eberhart, 51, of Garden Valley, Idaho, and Douglas Greiner, 53, of Eagle, Idaho, were sentenced this week in federal court for violating the asbestos work practice standards of the Clean Air Act, announced Robert G. Dreher, Acting Assistant Attorney General for Environment and Natural Resources Division, and Wendy J. Olson, US Attorney for the District of Idaho.
US District Judge Edward J. Lodge sentenced Eberhart on Monday to six months in prison plus six months of home confinement, followed by six months of supervised release, 200 hours of community service, and restitution of $3.98 million, in joint and several liability. Greiner was also sentenced to six months in prison and six months of home confinement, to be followed by six months of supervised release. The amount of restitution by Greiner will be the subject of further briefing by the parties. Both defendants previously pleaded guilty on February 26, 2013.
Boise-based Owyhee Construction, Inc., was the successful bidder on a $2.1 million waterline renovation project in Orofino, Idaho, a rural community in north central Idaho. Greiner was the project superintendent and Eberhart was the onsite supervisor of the project. The contract documents warned Owyhee Construction that the company may encounter up to 5,000 linear feet of cement asbestos pipe (CAP) during the renovation. CAP is a non-friable form of asbestos that is encapsulated in a cement matrix. When the CAP is broken or crushed by heavy equipment or subjected to cutting and grinding by machinery it becomes subject to regulation because of the threat to public health from airborne fibers.
Eberhart and Greiner failed to properly supervise the renovation. Eberhart supervised employees who were not properly trained in asbestos work and were not properly outfitted with protective gear while cutting CAP with saws. While working in the trenches to replace pipe, workers would remove CAP from the trenches, crush it and then place it back in the trenches. Large quantities of CAP were also removed from the trenches and ended up as fill material on sixteen properties around Orofino. Greiner pleaded guilty to orchestrating one of the disposals. The EPA cleanup cost just under $4 million.
“These prison sentences reflect the serious consequences of the failure of these defendants to comply with EPA’s regulations that protect public health from asbestos, a human carcinogen,” said Robert G. Dreher, Acting Assistant Attorney General for the Environment and Natural Resources Division. “Such criminal acts endanger workers and the community and can, as demonstrated here, cost the federal government millions of dollars to cleanup. The Justice Department will continue to vigorously prosecute these crimes.”
“This case demonstrates the commitment of law enforcement and the Department of Justice to ensure the health of our residents,” said US Attorney Olson. “Threats to the environment and to public health may not be readily apparent from a construction project. Renovation projects like these often generate dust with fine asbestos particles that may have the potential to cause serious health and environmental problems if safety precautions are not taken. The full extent of injury from airborne asbestos may not be noticed or diagnosed for years. It is important that companies, their foremen and their operators comply with environmental laws to avoid serious harm.”
“These two Defendants carelessly subjected Orofino residents to asbestos exposure,” said Tyler Amon, Special Agent in Charge of EPA’s Criminal Investigation Division in Seattle. “In the course of their enterprise, they also created sixteen separate asbestos disposal sites that threatened the community, jeopardized workers and cost taxpayers $4 million to cleanup. Today’s sentence sends a clear message: if you risk people’s lives to save time and money, you will pay the price.”
Contractor Faces Penalty for Violating Lead Renovation Rule
The alleged violations occurred during a renovation project at the former Frisbee School in Kittery, Maine, at which JJ Welch was the primary contractor. The Kittery site was, at the time of the renovation, a child-occupied facility subject to EPA’s Renovation, Repair and Painting (RRP) Rule.
The violation was brought to EPA’s attention via an anonymous tip, after which EPA and Maine Dept. of Environmental Protection performed an inspection of the site in February 2012. Based on the inspection, EPA determined that JJ Welch did not ensure that a company hired as a subcontractor to replace windows at the school complied with the required work practice requirements of the RRP Rule, including failure to assign a certified renovator to the work site; failure to cover ground with plastic sheeting; and failure to contain waste from the renovation activity.
The rule requires individuals performing renovations for compensation at most pre-1978 housing and child-occupied facilities to be properly trained. There are certification and training requirements for individual renovators and firms performing renovations to ensure that safe work practices are followed during renovations. The rule became effective on April 22, 2010, and allows for the assessment of penalties that may reach up to a maximum of $37,500 per violation per day.
Infants and young children are especially vulnerable to lead paint exposure, which can cause developmental impairment, reading and learning disabilities, impaired hearing, reduced attention span, hyperactivity, and behavioral problems. Adults with high lead levels can suffer difficulties during pregnancy, high blood pressure, nerve disorders, memory problems, and muscle and joint pain.
Maryland Department of Environment Issues Enforcement Actions
The Maryland Department of the Environment recently announced major enforcement actions in recent months for alleged violations of State and federal environmental laws to protect public health and the land, air, water, and wetlands resources.
“The Maryland Department of the Environment's top priority is to protect public health and our environment. A consistent baseline of enforcement action prevents further pollution and risks to public health,” said MDE Secretary Robert M. Summers. “The majority of Maryland businesses comply with environmental laws. A strong and fair enforcement program protects our investment in the environment as well as the health and quality of life of all Maryland residents.”
Hibbing PUC is Penalized for Air Quality Violations, Will Make Changes to Improve City’s Air
Hibbing residents may be breathing a little easier now that local air quality problems are being addressed, the Minnesota Pollution Control Agency (MPCA) announced recently.
The Hibbing Public Utilities Commission (HPUC) is a district heating plant that uses wood- (biomass) and coal-fired boilers to produce electricity and steam heat for downtown Hibbing buildings.
The boilers have been the source of excess particulate matter (dust) and carbon monoxide emissions since 2008. Enforcement actions so far have not resulted in improved air quality and permit compliance. The latest requirement of adding natural gas as a supplemental fuel source for the wood-fired boilers should increase boiler efficiency and eliminate future carbon monoxide violations.
The HPUC has submitted an 18-item compliance plan to eliminate carbon monoxide violations and to properly operate and maintain its filter equipment. The HPUC will also pay a $17,250 civil penalty and spend another $17,250 to perform voluntary actions to reduce dust emissions.
When calculating penalties, the MPCA takes into account how seriously the violations affected the environment, whether they were first-time or repeat violations, and how promptly the violations were reported to authorities. The agency also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner.
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Trivia Question of the Week
When did the United States EPA declare greenhouse gasses a threat to public health?
a. 1979
b. 2009
c. 1989
d. 1995
