This revised strategic plan maintains the five goals that were described in the 2003 - 2008 strategic plan, but reflects what the agency calls a sharpened focus on achieving more measurable environmental results. The five goals are clean air and global climate change, clean and safe water, land preservation and restoration, healthy communities and ecosystems, and compliance and environmental stewardship.
EPA’s strategic plan serves as the agency’s road map and guides the agency in establishing the annual goals it plans to meet along the way. It helps the agency measure how far it has come toward achieving its strategic goals and to recognize where it needs to adjust its approaches and programs to achieve better results. Finally, it provides a basis from which EPA’s managers can focus on the highest priority environmental issues and ensure that taxpayer dollars are used effectively.
The document discusses important new challenges and opportunities that are likely to arise in the coming years and more clearly identifies the environmental and human health outcomes the public can expect.
Chemical Safety Board and EPA to Investigate Fire at North Carolina Hazardous Waste Facility
The U.S. Chemical Safety Board (CSB) is sending a team to begin investigating the chemical fire, explosions, and large-scale public evacuation in Apex, North Carolina, site of a hazardous waste facility operated by the Environmental Quality Company.
A chemical fire began around 9:00 p.m. on October 5, causing a series of additional explosions. An estimated 17,000 residents were evacuated to shelters, and several roads were closed.
The Environmental Quality Co. is a consolidator and processor of hazardous waste that operates approximately 14 facilities in the U.S., including a facility in Romulus, Michigan, that experienced a major fire in 2005. The CSB team will be led by investigator Robert Hall, PE, and will be accompanied by CSB Chairman Carolyn W. Merritt and Board Member William B. Wark, an expert in emergency management. Team members began their investigative work on Saturday.
The investigators will collect information that will assist the board in deciding whether to conduct a full investigation of the causes of the incident.
The CSB is an independent federal agency charged with investigating industrial chemical accidents. CSB investigations look into all aspects of chemical accidents, including physical causes such as equipment failure, as well as inadequacies in safety management systems, regulations, and industry standards. The board does not issue citations or fines but does make safety recommendations to plants, industry organizations, labor groups, and regulatory agencies such as OSHA and EPA.
Emergency response personnel from EPA Region 4 were dispatched to the site to assess the situation and offer assistance to the Apex fire chief. EPA on-scene coordinators and their contractors were dispatched to the incident with air monitoring and response equipment. EPA will continue to assist the incident commander with air monitoring support, hot zone entries, and environmental assessments.
EPA's Airborne Spectral Photographic Environmental Collection Technology () airplane was used to provide real-time air monitoring. ASPECT uses passive infrared technology to detect chemicals that present human health hazards.
EPA Identifies Bird Flu Antimicrobials
EPA has issued an updated list of registered antimicrobial products with label claims for avian (bird) flu disinfectants.
EPA Files Complaint against All Metals Processing and Landowner for Hazardous Waste Violations
The EPA recently issued a complaint to the All Metals Processing Company and the landowner, Helen L. Powers Revocable Trust, for hazardous waste violations at the company’s Burbank, Calif., facility.
EPA inspectors found hazardous waste seeping though the inside wall and onto the ground outside of the facility within 10 feet of a storm water canal near the facility.
“We are particularly concerned about this facility because of its proximity to a storm water canal,” said Jeff Scott, Director of Waste Programs for the EPA Pacific Southwest Region. “This order will get the company to prevent improper handling of hazardous waste and contaminant migration offsite. EPA will continue to ensure that companies handling hazardous waste follow proper procedures, and will take appropriate actions when violations are discovered.”
The company also failed to:
- Store hazardous waste in a container
- Prevent the release of hazardous waste
- Obtain a permit to treat, store and dispose of hazardous waste
- Maintain emergency equipment
- Label and close containers of hazardous waste
Improperly stored hazardous waste can spill and pose a risk to workers and the environment. Failure to comply could result in fines of $32,500 per day per violation.
$18,000 Penalty for Failure to Implement Storm Water Pollution Prevention Plan
J.H. Wise Sons Co. LLC (J.H. Wise) and Central Paving Co., Inc. (Central Paving) have agreed to pay an $18,000 penalty to resolve alleged violations of the Clean Water Act (CWA) at the Boulder Heights Estates Subdivision construction site located on Warm Springs Blvd. in Boise, Idaho.
The settlement resolves alleged CWA violations that Central Paving, an operator at the site, failed to apply for NPDES permit coverage under the CWA and discharged construction storm water without a permit in violation of the Clean Water Act. The settlement also resolves alleged violations that J.H. Wise prepared an incomplete storm water pollution prevention plan and discharged construction storm water in excess of state water quality standards.
“It’s no secret that storm water runoff from construction sites can harm water quality,” said Kim Ogle, manager of EPA’s Northwest Regional Office’s NPDES Compliance Unit. “That’s why construction site operators need to take all necessary steps to prevent runoff from leaving their sites and entering nearby rivers, creeks and streams.”
$151,000 Penalty for Hazardous Waste Generator Violations
EPA Region 5 has reached an agreement with Dana Container Inc., Detroit, Mich., for alleged violations of federal hazardous waste regulations. A $151,000 penalty will be paid.
Dana, with container and truck tank cleaning facilities located at 11430 Russell St. and 1551 Caniff St., was cited for violating the federal Resource Conservation and Recovery Act requirements for managing hazardous waste.
The company also failed to provide safety equipment and adequate aisle space for its use.
Dana has made all changes and is now in compliance.
Ford Dealers Fined $35,000 for Refrigerant Violations
EPA has fined three San Francisco Bay Area auto repair shops a collective $35,000 for alleged violations of the federal Clean Air Act.
Hayward Ford has agreed to pay a $10,000 penalty; South City Motors has agreed to pay a $20,000 penalty; and Broadway Motors has agreed to pay a $5,416 penalty.
The Clean Air Act requires that air conditioning mechanics pass an EPA-certified training and testing course. The EPA training is required regardless of any other training or certification mechanics have. The facility must also maintain adequate records to demonstrate EPA certification of their mechanics and refrigerant recovery and recycling equipment.
The training regulations help ensure the proper handling of ozone-depleting and global warming substances that go into a car’s air conditioner, thereby minimizing the release of these chemicals into the atmosphere. The adverse effects of ultra-violet radiation from a thinning ozone layer include skin cancers, cataracts and immune system suppression.
“It is important to take every precaution to prevent Freon and its alternatives from escaping into the atmosphere,” said Deborah Jordan, Director of the Air Division in the EPA’s Pacific Southwest regional Office in San Francisco. “Mechanics who service these systems play a key role in preventing the release of these potentially harmful chemicals, and need to be properly trained.”
The EPA alleged that Hayward Ford and South City Motors employed two and four non-EPA certified mechanics, respectively. The EPA also alleged that Hayward Ford, South City Motors and Broadway Motors each failed to maintain proper records.
Change a Light, Change the World
One energy-efficient light bulb can change the world. EPA’s Regional Administrator and representatives from the U.S. Department of Housing and Urban Development, Wal-Mart Stores, Inc., North Central Texas Council of Governments, Greater Dallas Chamber of Commerce, and cities across North Texas are joining forces as part of a national Energy Star Change a Light, Change the World campaign.
“All across Texas, people are changing lights to change the world. This simple act can have a tremendous impact on protecting the environment,” EPA Regional Administrator Richard E. Greene said. “Changing a light is the first step in consumers making Energy Star-labeled products a part of their daily routine to conserve energy.”
The annual campaign challenges individuals to replace at least one incandescent bulb or fixture at home with one that has earned the government’s Energy Star label for energy efficiency. For every 100 Texans who take the pledge, we will save at least 28,200 kilowatt hours of energy, cut $2,820 in energy costs, and prevent 44,600 pounds of greenhouse gas emissions. If every American household changed a single light bulb to a high efficiency bulb, it would provide enough power to light more than 2.5 million homes. In Texas, that would include more households than the cities of Arlington, Dallas, Fort Worth, Houston and San Antonio combined- about 5 million people.
"High utility bills can burden poor families and cause homelessness," said HUD Regional Director A. Cynthia Leon. "HUD itself spends more than $4 billion a year on energy costs in its subsidized housing programs, so saving on energy helps us house more families. That's why our partnership with the EPA and the Department of Energy on Energy Star is so important."
"Right here, in our McKinney experimental Supercenter, Wal-Mart is working on innovative ways to help restore balance to climate systems, reduce greenhouse gases, save money for our customers, and reduce dependence on oil," said John Murphy, Wal-Mart's regional general manager for North Texas. "Helping working families find affordable ways to help our environment is also part of our commitment. We're pleased to already offer products, like approved Energy Star light bulbs, in stores around the country so that our customers can start changing the world today."
Energy Star energy-efficient light bulbs, also known as compact fluorescents, last up to 10 times longer than traditional incandescent bulbs and save an average of $30 in energy costs over their lifetime. They also use one-third the energy of ordinary bulbs. Switching to an energy-efficient bulb is a significant way to reduce greenhouse gases, save energy and protect the environment for future generations.
“Participating in this year’s Energy Star campaign is another way communities can demonstrate their commitment to protecting and improving air quality in the Dallas-Fort Worth area, and we look forward to your support,” said Mike Eastland, North Central Texas Council of Governments Executive Director.
“The environment is one of the reasons people are moving to McKinney in record numbers, and we’re doing our best to keep it clean,” said Mayor Bill Whitfield. “From the environmentally friendly businesses we welcome to town, to improving our roads to ease congestion and the resulting pollution. McKinney is working toward becoming a greener community.”
Research and Guidance on Drinking Water Contaminant Mixtures
Health effects and risk assessment information is made available for drinking water chemical mixtures, e.g., pesticides, pharmaceuticals, metals, polychlorinated biphenyls, and disinfection by-products.
Metal Finisher Faces Fines and is Ordered to Fix Environmental Violations
Bay State Galvanizing, Inc., of Everett, Mass., has been ordered by EPA to take measures to comply with federal clean water and waste disposal laws. EPA is also seeking penalties for the violations.
Bay State conducts metal finishing operations in an industrial section of Everett. Storm water from Bay State’s operations discharges through two storm drains to the City of Everett’s located on Spring Street which then discharges to the Island End River, and ultimately into the Mystic River. EPA inspectors discovered that Bay State has failed to implement its storm water pollution prevention plan (SWPPP), which is required under the Storm Water Multi-Sector General Permit for Industrial Activities, which outlines the facility’s responsibilities for storm water management. Implementation of the SWPPP should reduce the pollutants in storm water discharges from the facility.
The facility has also been cited in the past by the Commonwealth of Massachusetts for training violations related to hazardous waste management.
Under the CWA violation, Bay State is facing a maximum fine of up to $157,500, and under the RCRA violation the facility could be fined up to $32,500 per day per violation.
Air Quality Criteria Document for Lead
The Clean Air Act mandates periodic review of the national ambient air quality standards (NAAQS) for six common air pollutants, also referred to as criteria pollutants, including lead. Under the review process, EPA's Office of Research and Development develops a criteria document - a compilation and evaluation by U.S. EPA scientific staff and other expert authors of the latest scientific knowledge relevant to assessing the health and welfare effects of the air pollutant. Development of the Lead Criteria Document has included extensive review by the Clean Air Scientific Advisory Committee (CASAC) and the public.
EPA Reaches Agreement with ADM on Clean Air Act Violations
EPA Region 5 has reached an agreement with Archer Daniels Midland Co. (ADM) on alleged Clean Air Act violations at the company's grain processing plant at 4666 Faries Parkway, Decatur, Ill. It includes two environmental projects totaling $1,020,000 and a $325,000 penalty.
The agreement resolves EPA allegations that ADM violated federal hazardous air pollutant regulations for pharmaceutical manufacturing at its vitamin E production facility by failing to test equipment, monitor and report. EPA said ADM also violated rules to protect stratospheric ozone by, among other things, failing to track leaks of chlorofluorocarbon refrigerant from chillers at the facility. EPA discovered some of the alleged violations during an inspection of the plant last December, and ADM disclosed other potential violations after the inspection.
For its first environmental project, ADM must install 58 sealless pumps and 15 sealless agitators at the Decatur vitamin E manufacturing facility at a cost of at least $1,005,000. ADM must also spend at least $15,000 on an enhanced leak detection and repair project at the facility. The two projects are designed to reduce fugitive emissions of hazardous air pollutants from the facility. Fugitive emissions are releases not caught by an air pollution control system.
DOE Energy Project Loan Guarantee Program
The purpose of this program is to encourage early commercial use of new or improved technologies in energy projects. The DOE is accepting pre-applications through November 6.
EPA Fines Stroh Die Casting $70,922 for Clean Air Act Violations
EPA proposed a $70,922 penalty.
EPA alleges that Stroh violated the Clean Air Act by failing to test its furnaces that melted coated aluminum returned by its customers and by not complying with notification, planning, reporting and recordkeeping requirements. Secondary aluminum plants must test for emissions of dioxins and furans, both hazardous air pollutants.
There is evidence that dioxins may cause liver damage and probably can cause cancer in humans, while furans may also cause cancer.
Massachusetts Oil Facility Faces $157,500 Fine for Oil Spill and Lack of Adequate Spill Prevention Plan
In a complaint against a Great Barrington, Mass., oil storage and delivery company, EPA has cited John B. Hall, Inc. for allegedly failing to adequately plan for and guard against oil spills at its facility, originally brought to light when an oil spill occurred at the facility in 2004. EPA is seeking penalties of up to $157,500 for the violations.
According to the complaint filed by EPA's New England office, the company illegally discharged approximately 1,600 gallons of diesel fuel from piping connected to two of its above-ground storage tanks in Feb. 2004. The oil traveled outside of the facility’s containment dike through a hole in the dike wall. The facility is located approximately 100 feet from the Housatonic River and an unknown quantity of the discharged oil reached the river. The oil discharge prompted an emergency response from the local fire department and the Massachusetts Dept. of Environmental Protection. The spill was reported to the National Response Center.
EPA’s administrative complaint cited the company for violations of the federal Clean Water Act for the illegal discharge, and for failure to have an adequate spill prevention, control, and countermeasure (SPCC) plan in place at its facility, as required by the act. SPCC plans, which must be certified by a registered professional engineer, specify spill prevention and response measures at facilities that store oil above threshold amounts.
The EPA complaint claims that the facility’s most recent SPCC plan, completed in 1993, did not adequately address potential oil spill hazards. Specifically, the company failed to provide adequate oil containment measures for all of its above-ground oil storage tanks and oil transfer areas and had failed to complete a review and evaluation of its SPCC plan at least once every three years, as required by the regulations.
Recently the facility took steps to correct its SPCC plan and upgrade its oil storage tanks and secondary containment systems. Interim secondary containment measures have been installed to provide temporary spill protection for some oil tanks and transfer areas, and the company is in the process of obtaining all of the permits required for the construction of a new oil storage facility.
“Oil spills can do significant damage to the environment,” said Robert W. Varney, regional administrator of EPA's New England office. “EPA will continue to ensure that facilities handling oils follow established procedures to minimize risks of oil spills.”
EPA Fines Wood Preserving, Inc. $50,400 for Misuse of CCA and Sale of the Illegally Treated Wood
EPA has announced the settlement of an administrative enforcement action against Cook County Wood Preserving, Inc. in Adel, Ga., for alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The settlement requires Cook County Wood to comply with FIFRA and pay a penalty of $50,400.
The violations at Cook County Wood were discovered during an inspection conducted by EPA in August 2005. EPA contends it is a misuse of the chromated copper arsenate (CCA) label to treat dimensional wood for uses not listed on the label. The label does not permit CCA-treated wood to be used to construct poultry houses and trailers to haul animals on farms. In addition, the improperly treated wood is considered an unregistered pesticide. All facilities that produce pesticides are required to register with the EPA. Cook County Wood is not registered with EPA as a pesticide-producing facility.
Since December 31, 2003, wood treaters are no longer allowed to use CCA to treat wood for many residential purposes, and the labels for CCA products were changed to indicate a more restricted use. This change resulted from a voluntary decision by industry in their efforts to move consumer use of treated lumber products away from wood pressure-treated with arsenic to new alternative wood preservatives.
EPA has emphasized enforcement actions against facilities that illegally treat wood with CCA in an effort to ensure compliance with FIFRA and the new label requirements. While EPA has not concluded that CCA-treated wood poses any unreasonable risk to the public or the environment, arsenic is a known human carcinogen, and the agency believes that any reduction in the levels of potential exposure to arsenic is desirable.
Indianapolis Agrees to Spend $1.86 Billion to Stop Sewer Overflows
The settlement will be the third highest-cost Clean Water Act settlement addressing combined sewer overflows (CSO), and will ultimately reduce the volume of Indianapolis' untreated CSO discharges by 7.2 billion gallons in an average year. CSO systems combine sanitary (regular) sewage and stormwater runoff.
Although EPA is not aware of any health problems from sewage overflow in Indianapolis, nationwide, sewer overflows can lead to outbreaks of disease from such substances as E.coli bacteria and cryptosporidium.
"Through this agreement, Indianapolis has shown a real commitment to get rid of its long-standing sewage problems," said Granta Y. Nakayama, EPA's assistant administrator for Enforcement and Compliance Assurance. "The EPA agreement will not only ensure compliance with the law, it will also benefit the citizens by significantly improving water quality in the White River and its tributaries, which are important natural resources and great assets to the city."
"With today's consent decree, the city of Indianapolis is taking an important step toward complying with the Clean Water Act," said Sue Ellen Wooldridge, assistant attorney general for the Justice Department's Environment and Natural Resources Division. "We are pleased that we have reached a resolution to these matters, and that city has agreed to make the necessary improvements and committed funds to ensure significant improvements to reduce untreated sewer discharges."
Indianapolis will make the improvements over twenty years to reduce the overflows -- which currently occur approximately 60 times per year -- down to four or fewer per year. The city will also pay penalties of $588,900 each to the United States and Indiana, and spend $2 million on a project to eliminate failing septic systems. The city may offset up to 90 percent of the state's penalty by spending an additional $1,050,020 on the septic system project.
Under the consent decree, Indianapolis has specifically agreed to implement a long-term control plan designed to greatly reduce overflows from its combined sewer system and will implement another plan designed to eliminate overflows from its sanitary sewer system (SSOs), and perform various other remedial measures.
This agreement is related to the city's operation of its municipal wastewater and sewer system, through which approximately eight billion gallons of untreated sewage is discharged each year into the White River and its tributaries from approximately 133 CSOs, and a lesser number of SSO and bypass locations. The Justice Department has alleged that these discharges violate discharge permits under the federal Clean Water Act.
Indianapolis owns two large municipal advanced wastewater treatment plants, known as Belmont and Southport, as well as nearly 246 square miles of sewers that feed into the treatment plants. The sewer system, which serves approximately 866,000 people, transports the city's sewage for treatment at the two plants prior to being discharged into area rivers and streams.
Schools Fined $49,200 for Asbestos Violations
EPA recently fined five Arizona charter schools a combined total of $49,200 for asbestos violations.
Summit High School, GateWay Early College High School, Friendly House Academia Del Pueblo Elementary Charter School, Arizona School for the Arts, and Vicki A. Romero High School all failed to conduct inspections to determine if asbestos-containing material (ACM) was present in school buildings and failed to have an asbestos management plan. All of the schools have since taken necessary actions to comply with the law.
Asbestos in schools has the potential for endangering the health of students, teachers, and others, including maintenance workers,” said Enrique Manzanilla, the EPA's Communities and Ecosystems Division director for the Pacific Southwest region. “The EPA takes these violations seriously, and applauds the schools for their rapid inspection and development of management plans.”
The following four schools failed to inspect for asbestos-containing materials, failed to have a management plan, and were each fined $11,700. Accredited inspectors later found asbestos in the schools:
- Summit High School: During an inspection in November, the inspector discovered ACM in eight different locations on the campus, including friable asbestos in a rooftop maintenance area. The school has implemented a management plan and removed the friable asbestos from the area.
- GateWay Early College High School: In April, the inspector discovered ACM in four different locations. The Maricopa County Community College District opted to inspect the entire 125,000 square-foot building area, including sections of the building that the school does not occupy. The school has since submitted its management plan and cleared the entire building of the ACM.
- Friendly House Academia Del Pueblo Elementary Charter School and Arizona School for the Arts: Separate inspections found asbestos in the two schools. Both schools now have management plans that include the location of asbestos and how the schools will properly manage asbestos to reduce the risk of exposure.
- Vicki A. Romero High School was the only school found not to contain asbestos in its buildings. Before beginning operations in its building, the school was required to have a signed statement from the architect that the building does not contain asbestos materials. However, the school did not have a signed statement from the architect at the beginning of operations or conduct an inspection. The school also failed to maintain an asbestos management plan and was fined $2,400.
Each school is allowed to subtract properly documented costs of complying with the regulations from the penalty amount.
The Asbestos Hazard Emergency Response Act requires schools inspect for asbestos; maintain a management plan that identifies the location of asbestos in the school, measures the school will take to reduce asbestos exposure, and how the school will inform employees and building occupants; recommend response actions; designate a person to ensure asbestos requirements are properly implemented.
BP, Shell Pay $1.5 Million in Penalties for Auto Gas Violations
EPA sets gasoline and diesel fuel standards under the Clean Air Act to reduce air pollutants such as hydrocarbons, carbon monoxide and air toxics from motor vehicles.
The companies, however, produced and distributed gasoline that failed to meet the regulatory requirements. Use of non-complying fuel in motor vehicles can cause an increase in emissions that can significantly harm public health.
"These settlements underscore both the importance of enforcement of EPA standards to protect the public health, and the value of vigorous environmental enforcement efforts to address violations at multiple facilities," said Granta Y. Nakayama, EPA's assistant administrator of Enforcement and Compliance Assurance. "All Americans benefit when corporations bring their facilities into compliance with our nation's fuels regulations because our citizens breathe cleaner air."
The settlements resolve alleged violations of various fuel standards that occurred from 1999 through 2004 at retail outlets, terminals and refineries located throughout the United States. For example, a number of the violations involve the summertime gasoline standard for volatility, or tendency to evaporate, which is intended to reduce smog-causing hydrocarbon emissions. Some of the violations were self-reported by BP and Shell, while others were discovered through EPA's inspection and compliance programs.
BP agreed to pay a civil penalty of $900,000 and Shell agreed to pay a civil penalty of $600,000. BP and Shell will also perform extensive remedial efforts – including quality assurance programs and technical changes in processes and equipment – to correct the alleged violations and to prevent the recurrence of similar violations.
GPS River Rock Products Fined for Filling Creek
The EPA announced resolution of Clean Water Act violations with GPS River Rock Products at its sand and gravel mining facility in Ventucopa, Santa Barbara County, Ca. In addition to paying a $35,870 fine, the mining company will transfer 22 acres of land in the Cuyama River watershed to the Bureau of Land Management for protection of habitat and the endangered California jewelflower.
GPS River Rock Products has agreed to spend up to $130,000 to enhance and restore portions of the Cuyama River on BLM-owned land that have historically been used as illegal dump sites. Once these dumps sites have been restored, GPS will discourage further illegal dumping by removing access to the sites by fencing or removing access roads.
“We hope this action will deter others from unauthorized filling of creeks, streams and wetland habitat,” said Alexis Strauss, director of EPA’s water programs for the Pacific Southwest Region. “We are pleased the company agreed to undertake environmental restoration projects to enhance the Cuyama River.”
During an inspection in January 2005, EPA inspectors found storage areas for materials and waste that were not covered, and facility entry and exits that lacked controls to minimize the tracking of mud and dirt into public roads by vehicles. In addition, EPA inspectors found that stockpiles of earthen material, berms and roads had been discharged into 22 acres of the Cuyama River without a permit.
The Clean Water Act requires operators to plan and implement appropriate pollution prevention and control practices for storm water runoff during the construction period.
University to Spend $500,000 to Resolve Environmental Problems
Poor practices in the past landed the University of Puerto Rico (UPR) at Mayaguez in hot water with the EPA, but the university has agreed to take extraordinary steps to fix the problems and make sure they don’t reoccur. Under an agreement that settles the school’s violations of federal environmental laws governing the handling of hazardous waste, discharges into waterways and emissions of hazardous pollutants into the air, UPR will spend almost $400,000 to set up a comprehensive environmental management system. In addition, the university agreed to pay almost $100,000 in fines. The environmental management system is aimed at going beyond complying with environmental regulations and reducing the impact of waste materials on the campus, the community and the environment. Almost 15,000 people study, teach and work on the Mayaguez campus.
“This settlement turns a bad situation around and gives UPR the opportunity to really shine as an example of how well a school can handle its environmental obligations,” said Alan J. Steinberg, EPA regional administrator. “This institution of learning has itself learned a valuable lesson and is now endeavoring to go beyond merely complying with regulations to becoming an excellent environmental citizen.”
It was determined that UPR was not eligible for full relief because UPR was not correcting all its violations. As a result, EPA conducted its own comprehensive inspection of the campus, with the Puerto Rico Environmental Quality Board, and found numerous violations that showed that UPR Mayaguez was not operating its facility in a manner that would minimize the risk of releasing hazardous wastes and pollutants into the environment.
Hazardous Waste
UPR was storing leaking or mislabeled containers of hazardous waste in several buildings and open areas on campus. The containers held wastes including used oil, various acids and spent solvents, and formaldehyde. UPR was also improperly storing hundreds of containers of old and expired chemicals, such as picric acid, putting students and facility at risk. EPA’s inspection revealed that the university also had failed to properly determine which of the wastes it generates are hazardous waste. The school never put plans into place with local emergency response managers to respond to a chemical spill or incident on campus. In addition, UPR didn’t comply with the conditions and regulations necessary to qualify for permit exemptions.
In June, EPA ordered UPR to fix leaking containers, place wastes in closed containers, properly label and store wastes, and implement a plan with local emergency response managers. In addition, EPA ordered the university to set up a system to determine which wastes it generates campus-wide are hazardous and to ship those wastes off campus to a proper disposal facility. EPA also directed UPR to either obtain permits to accumulate and store hazardous waste, or to meet the conditions for an exemption from permit requirements.
Clean Air
The joint EPA and Commonwealth inspections also found that UPR’s poor management practices had resulted in spills and leaks inside the chlorine gas storage and distribution building in the main swimming pool area on the campus, where the school stores between 1,500 and 1,800 pounds of chlorine gas. As part of an order under the Clean Air Act, the university submitted an assessment to EPA of this chlorine gas storage and distribution system, including tests to detect leaks.
Clean Water
Federal and Commonwealth inspectors also found that the wastewater pump station at the Mayaguez campus had been frequently discharging untreated sewage into nearby Oro Creek without a permit. In a separate enforcement action, EPA ordered UPR to bring the sanitary sewer system into compliance with Clean Water Act regulations.
EPA has inspected 58 colleges and universities and has issued administrative complaints with penalties totaling more than $2.6 million over the past four years against 20 colleges and universities in New Jersey, New York and Puerto Rico.
Arlon, Inc. Fined $90,000 for Inefficient Thermal Oxidizers
The Delaware Department of Natural Resources and Environmental Control (DNREC) recently issued a notice of administrative penalty assessment and secretary’s order to Arlon, Inc. for violations of Delaware’s regulations governing the control of air pollution. The order includes a cash penalty of $90,000 and an additional $13,500 as cost recovery reimbursement to DNREC for expenses associated with its investigation.
The company owns and operates a manufacturing facility in Bear, De., that produces a range of silicone products used in the aerospace, automotive, and heating industries. During the silicone manufacturing process, various volatile organic compounds, including xylene, a hazardous air pollutant, are emitted. As a condition of the operating permit, the company is required to operate thermal oxidizers at a minimum destruction efficiency of 98% to ensure that sufficient concentrations of the hazardous pollutants are destroyed before they can be emitted to the atmosphere.
After a compliance inspection of the facility on April 13, 2004, DNREC requested that the company conduct destruction efficiency tests on the thermal oxidizers as more than five years had passed since the previous test. On March 3, 2005, Intex Environmental Group, Inc. conducted the destruction efficiency tests and determined that the oxidizers were operating below their permitted minimum destruction efficiency rate of 98%.
A visual inspection by the company found cracks in the heat exchangers of both thermal oxidizers, resulting in the installation on September 14, 2005 of heat exchangers, each with an expansion joint to reduce the possibility of thermal expansion and contraction. New destruction efficiency tests, conducted November 15-16, 2005 and observed by DNREC demonstrated that both thermal oxidizers were in compliance with the minimum destruction efficiency rate of 98%.
As a result, DNREC issued a notice of violation dated September 16, 2005 for violations associated with the failure to have each oxidizer operate with a minimum destruction efficiency of 98% during the period of violation. In addition, the company had violated multiple permit emission limits, including exceeding the rolling 12-month emission limit of 2.65 tons per year of hazardous air pollutants each month beginning May 2005 through April 2006. In addition, the company’s 2005 emissions of volatile organic compounds and hazardous air pollutants for the silicone treaters, mix room, and associated thermal oxidizers were 5.9 and 4.16 tons, respectively.
Drico Corporation Fined $7,500 for Insufficient Clean-up
Drico Corporation of Charlotte, N.C., has entered into a consent order with the Massachusetts Department of Environmental Protection (MassDEP), agreeing to pay a $7,500 penalty for violations of waste site cleanup requirements at the former New York Twist Drill property, located at 10 Mann Street in Worcester, Mass. Stanley Hall School, operated by The Bridge of Central Massachusetts, currently occupies the site.
During an audit of cleanup actions, MassDEP found that the site was not paved to prevent contact with contaminated soil in accordance with a deed restriction, and that indoor air had not been tested to ensure that oil vapors were not infiltrating from beneath the building. Several administrative violations pertaining to the deed restriction were also found.
Subsequent testing of indoor air, conducted by Drico upon direction by MassDEP, did not detect oil vapors. The consent order requires Drico to correct the deed restriction and include annual indoor air sampling to ensure the continuing effectiveness of an installed vapor barrier. Drico will also continue to recover oil from beneath the building.
"Drico has proactively addressed potential exposures to contamination, and has controls in place to ensure the cleanup is protective," said Martin Suuberg, director of MassDEP's Central Regional Office in Worcester.
TCEQ Approves Fines Totaling $449,820
The Texas Commission on Environmental Quality (TCEQ) recently approved penalties totaling $449,820 against 52 regulated entities for violations of state environmental regulations. Agreed orders were issued for the following enforcement categories: 10 air quality, six dry cleaner, one Edwards Aquifer, three field citations, one industrial hazardous waste, two industrial waste discharge, one multi-media, four municipal waste discharge, nine petroleum storage tank, three public water supply, two sludge, and five water quality. In addition, there were default orders as follows: one licensed irrigator, one petroleum storage tank, and one municipal solid waste. Penalties were also assessed against two regulated entities following hearings at the State Office of Administrative Hearings for two petroleum storage tank violations, one of which was in default.
New Chemical Security Legislation Requires Chemical Security Plans
Congress has authorized the Department of Homeland Security to set risk-based security standards for approximately 3,400 chemical plants. As part of the Department of Homeland Security appropriations, the DHS is being given authority to audit, inspect and shut down facilities that do not comply with set security standards.
This law will require the companies to bear the financial burden of replacing dangerous chemicals and processes with safer methods. The legislation places the authority of supervising and enforcing the security at our nation’s top chemical plants in the hands of the Department of Homeland Security. It requires corporate action to enhance security by implementing procedures such as increased fences or other barriers, cameras, ID verification and screening. The DHS is required to promulgate interim final regulations within the next six months.
American Chemistry Council (ACC) President and CEO Jack N. Gerard said, "While this bill is not a home run, Congress came through in the last inning to deliver essential chemical security legislation.”
DHS Secretary Michael Chertoff said, “this measure allows the department to recognize the significant investments that responsible facilities have made in security, while providing us with authority to ensure that high-risk facilities have adequate safeguards in place. This important authority was urgently needed, and I applaud the efforts of members in the House and Senate authorizing and appropriations committees.”
McWane Fined for Managing Hazardous Waste without a Permit
McWane, Inc. d.b.a. Clow Water Systems Company was fined by the Ohio EPA for past hazardous waste violations and issued an administrative consent order on October 6. The company established and operated a hazardous waste storage and disposal facility without a permit by storing and disposed of hazardous waste oven sand on a concrete storage pad and on the ground beneath the pipe rack storage system at the facility, in violation of ORC § 3734.02(E) and (F) The violations occurred at its facility located at 2266 South Sixth Street, Coshocton, Ohio. The settlement includes a $82,800 penalty of which $50,240 will be deposited into the state's hazardous waste cleanup fund.
Coupon in Mail for Free Energy-Saving Light Bulbs
During the first two weeks of October, Delaware’s electric customers will receive a coupon in their mailboxes for two free compact fluorescent light bulbs, courtesy of the Delaware Energy An$wers program, “Flip the Switch, Delaware…and Save!" The fluorescent bulbs, nearly a $10 retail value, use 66% less energy than a standard incandescent bulb and last about 6 times longer.
The coupon, located in the Delaware Energy An$wers Program brochure, will be mailed to all customers of Delaware electric utilities as a separate mailing or will be inserted into customers’ September electric bills.
During October, electric customers can take the coupon to any Delaware public library during library hours and redeem them for free light bulbs.
The free fluorescent light bulb campaign is part of the Delaware Energy An$wers Program funded by the Energy Efficiency Financial Incentives Act of 2006 which appropriates $8 million for energy efficiency projects. The program provides grants to Delaware homes and businesses for energy-saving upgrades.
Sales Tax Holiday for New Energy-Efficient Products
Through 11:59 p.m., October 11, you won’t have to pay any sales tax on energy-efficient products in Fla. No sales tax or discretionary sales surtax (local option sales tax) will be collected on qualifying sales of new energy-efficient products having a sales price of $1,500 or less. A qualifying energy-efficient product is defined in the law as only a dishwasher, clothes washer, air conditioner, ceiling fan, incandescent or fluorescent light bulb, dehumidifier, programmable thermostat, or refrigerator that has been designated as meeting or exceeding the federal Energy Star Program energy efficiency requirements and has the Energy Star label affixed to the product or product packaging. Unfortunately, the sales tax exemption applies only to items purchased for noncommercial home or personal use, and does not apply when the product is purchased for trade, business, or resale.
Uses of Spatial Analysis and Decision Assistance
Spatial Analysis and Decision Assistance (SADA) is free software that incorporates tools from environmental assessment fields into an effective problem-solving environment. These tools include integrated modules for visualization, geospatial analysis, statistical analysis, human health risk assessment, ecological risk assessment, cost/benefit analysis, sampling design, and decision analysis. EPA is offering an online seminar on October 11 that will highlight the tools used, but is not a tutorial for the software.
ITRC Site Investigation and Remediation for Munitions Response Projects
On October 12, EPA is offering an introduction and overview of the processes, tools, and techniques used in investigation and remediation. These concepts are illustrated using an example munitions response site. Major steps in each process are identified and key regulatory considerations discussed. This training also identifies additional sources for more detailed information on key aspects of investigation and remediation. State regulators and others who need to understand the general processes involved in these critical aspects of the munitions response process will benefit from this training.
Landlord Fined for Violations of Lead Paint Notification Rule in Maryland and D.C.
EPA announced that Landmark Realty, Inc., a property management firm in Rockville, Md., has settled violations of a federal law requiring disclosure of lead-based paint hazards to residential tenants and homebuyers. The alleged violations involved leases for eleven residential properties in the District of Columbia, Chevy Chase, Md., and Gaithersburg, Md. In a consent agreement with EPA, Landmark Realty has agreed to pay a $1,188 penalty and spend at least $10, 692 on abating lead-based paint hazards at residential properties under the company’s management.
EPA cited Landmark Realty for violating the lead disclosure rule under the Residential Lead-Based Paint Hazard Reduction Act of 1992 (RLPHA). This regulation requires sellers and landlords of residential housing built before 1978 (when the federal government banned the sale of lead-based house paint) to disclose to purchasers and tenants the presence of known lead-based paint hazards, or disclose their lack of knowledge of such hazards.
“EPA wants to help protect children’s health. We encourage parents who live in homes and apartments built before 1978, to have their children tested for lead poisoning. We urge landlords to be vigilant about informing tenants about this important public health concern,” said Donald S. Welsh, mid-Atlantic regional administrator.
Under the law, landlords and home sellers must provide a lead hazard information pamphlet; provide a standard warning statement in the lease on the dangers of lead-based paint; provide purchasers with a 10-day opportunity to conduct a lead-based paint inspection; and include disclosure and acknowledgment language in sales contracts and leases.
According to EPA, Landmark Realty failed to provide required lead-based paint disclosures and required lead warning statements in leases signed in August 2000 through March 2002 for eleven residential properties (eight in the District of Columbia, two in Chevy Chase, Md., and one in Gaithersburg, Md.).
EPA is cooperating with other federal, state, and local agencies to protect tenants and homeowners from the health risks of lead-based paint. High blood levels of lead can cause permanent damage to the nervous system and widespread health problems, such as a reduced intelligence and attention span, hearing loss, stunted growth, reading and learning problems and behavioral difficulties. Young children, in particular, are most vulnerable because their nervous systems are still developing.
As part of the settlement, Landmark Realty has neither admitted nor denied liability for the cited violations, but has certified that it is now in compliance with the lead disclosure rule
