The revisions will allow the Agency to better track exports of CRTs for reuse and recycling in order to ensure safe management of these materials.
The rule also does not affect unused CRTs. In the rule, EPA is 1) adding a definition of “CRT exporter” to the regulations; 2) requiring annual reports from exporters of used CRTs exported for recycling; 3) revising the notification that must be submitted when used CRTs are exported for recycling; 4) revising the notification that must be submitted when used CRTs are exported for reuse; and 5) requiring that normal business records maintained by exporters of used CRTs for reuse be translated into English upon request.
Macon RCRA and DOT Training
Cleveland RCRA and DOT Training
Greensboro RCRA and DOT Training
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 Releases Final Risk Assessment on Trichloroethylene
The assessment identified health risks from TCE exposures to consumers using spray aerosol degreasers and spray fixatives. It also identifies health risks to workers when TCE is used as a degreaser in small commercial shops and as a stain-removing agent in dry cleaning.
“EPA calls on Congress to enact legislation that strengthens our current federal toxics law,” said Jim Jones, assistant administrator for chemical safety and pollution prevention. “Until that time, we are using the best available science to assess and address chemical risks of TCE that now show that it may harm human health and the environment.”
The final TCE risk assessment was developed as part of the agency’s Toxic Substances Control Act (TSCA) Work Plan, which identified chemicals for review and assessment of potential risks to people’s health and the environment. EPA developed the draft TCE risk assessment based on the best available information and finalized the assessment after careful consideration of comments from the public and experts during an independent, scientific peer review of the assessment. TCE is the first chemical to complete the work plan risk assessment process under TSCA.
EPA is conducting a workshop from July 29-30, on potential TCE degreaser alternatives and risk reduction approaches. EPA will conduct other activities to address TCE uses as a stain removing agent in dry cleaning and as a clear protective spray fixative.
In the meantime, EPA recommends that people take precautions that can reduce exposures, such as using the product outside or in an extremely well-ventilated area and wearing protective equipment to reduce exposure.
EPA Proposes Approval of New Climate-Friendly Refrigerants
EPA is proposing to increase the options for refrigerants in the United States that offer better climate protection without harming the ozone layer. This is the agency’s first action that addresses refrigerants under the Climate Action Plan, which calls on EPA’s Significant New Alternatives Policy () Program to identify and approve additional climate-friendly chemicals.
Under the authority of the Clean Air Act, EPA’s SNAP Program evaluates substitute chemicals and technologies that are safe for the ozone layer. This proposed action would expand the list of SNAP-approved substitutes to include more low-global warming potential (GWP) alternatives that can replace both the ozone-depleting substances and high-GWP hydrofluorocarbons (HFCs).
“Last June, President Obama introduced a broad set of initial steps designed to slow the effects of climate change, including reducing potent greenhouse gases,” said EPA Administrator Gina McCarthy. “This proposal is a great example of how businesses and EPA can foster innovation by working together to identify refrigerants that better protect our environment.”
After receiving input from industry, environmental groups, and others, EPA is proposing to list additional low GWP hydrocarbon refrigerants in six refrigeration and air conditioning applications: stand-alone commercial and household refrigerators and freezers; very low temperature refrigeration; non-mechanical heat transfer; vending machines; and room air conditioning units. The proposal also adds one lower-GWP HFC (HFC-32) that has just one-third the GWP of the conventional refrigerants currently being used in room air conditioning units. These refrigerants are already in use in many of these applications in Europe and Asia.
In addition to adding these climate friendly alternatives, EPA is also revising the current venting prohibition to account for four of these substitutes, as current evidence suggests that their venting, release, or disposal does not pose a threat to the environment.
EPA will accept comment on the proposal for 60 days following publication in the Federal Register.
Another Concern Arises over Groundwater Contamination from Fracking Accidents
Scientists are reporting that when spilled or deliberately applied to land, waste fluids from fracking are likely picking up tiny particles in the soil that attract heavy metals and other chemicals with possible health implications for people and animals.
Tammo S. Steenhuis and colleagues note that fracking, which involves injecting huge volumes of fluids underground to release gas and oil, has led to an energy boom in the US. But it has also ignited controversy for many reasons. One in particular involves flowback, which refers to fluids that surge back out of the fracked wells during the process. It contains water, lubricants, solvents, and other substances from the original fracking fluid or extracted from the shale formation. High-profile spills and in some places, legal application of these liquids to land, have raised alarms. Research has linked fracking to groundwater contamination that could have major health effects. But another factor that no one has really addressed could play a role: colloids. These tiny pieces of minerals, clay, and other particles are a concern because they attract heavy metals and other environmental toxins, and have been linked to groundwater contamination. Steenhuis’ team set out to take a closer look.
To simulate what would happen to colloids in soil after a fracking spill, the researchers flushed flowback fluids through sand with a known amount of colloids. They found that the fluids dislodged about a third of the colloids, far more than deionized water alone. When they increased the flow rate, the fluids picked up an additional 36%. “This indicates that infiltration of flowback fluid could turn soils into an additional source of groundwater contaminants such as heavy metals, radionuclides, and microbial pathogens,” the scientists conclude. More research with real soils is planned.
The Lowdown on Triclosans Effects on Health and the Environment
Earlier this year, mounting concerns over the potential health effects of triclosan, a common antimicrobial ingredient, prompted Minnesota to ban the germ-killer from consumer soaps statewide starting in 2017. Are these concerns warranted?
Jyllian Kemsley, a senior editor at C&EN, notes that when it was first patented, triclosan was used as an antimicrobial agent in health care settings. It was a much more benign option as a surgical scrub than the biocides used at the time. But then, it hit the mass market. Now, companies add the compound to deodorants, toothpastes, cosmetics, detergents, cutting boards, toys, carpets, and many other everyday products. As a result, in one study, triclosan was found in 75% of the urine samples from participants. The question is, what does this mean?
The article notes that the answer is not simple. The EPA has concluded that the chances triclosan will cause problems for most people are probably minimal. However, those who aren’t able to metabolize triclosan could end up with higher levels of the compound in their blood. In animal studies, the antimicrobial disrupts the heart, muscles, and hormones. These results don’t bode well for the most vulnerable among us: fetuses and breastfeeding babies. Triclosan’s potential to contribute to antibiotic resistance is also a cause for concern. It’s not even clear if the substance reduces infections. All of these considerations and more have led the Food and Drug Administration to propose regulations that would require manufacturers to show a clinical benefit to adding the controversial compound to products.
Chem-Solv Ordered to Pay $612,339 for Hazardous Waste Storage Violations
An administrative law judge has ordered the owner and operator of a chemical distribution facility in Roanoke, Virginia to pay a $612,339 penalty for multiple violations of federal and state hazardous waste storage regulations, the EPA announced recently.
After presiding over a five-day hearing, Administrative Law Judge Susan Biro issued a 125-page opinion on June 5, 2014, ruling in EPA’s favor on all counts in its complaint against Chem-Solv, Inc., the operator of a chemical distribution facility located at 1111 and 1140 Industry Ave. in Roanoke, and Austin Holdings-VA, LLC, the facility owner.
The Chem-Solv facility handles and distributes various chemicals, including alcohols, acids, caustics, mineral oils, surfactants, glycols, and solvents. RCRA is designed to protect public health and the environment, and avoid costly cleanups, by requiring the safe, environmentally sound storage and disposal of hazardous waste. The RCRA requirements mandate the use of safe practices that greatly reduce the chances that hazardous waste will be released into the environment.
The violations included storing hazardous waste in an open tank that did not have an engineering assessment or air emission controls, storing hazardous waste for greater than 90 days without a permit, failure to perform daily inspections, and failure to perform hazardous waste determinations on the wastes in the open tank, aerosol waste, and other wastes generated at the facility.
The Administrative Law Judge ruled that the open tank had been improperly removed, without compliance with a RCRA closure plan, which is required to be submitted and approved by the Virginia Department of Environmental Quality. A closure plan would have specified required sampling and analysis of the surrounding soil to identify and, if necessary, clean up any environmental contamination caused by the tank. The tank was removed without any such sampling and analysis of the soil.
In addition to upholding nearly all of the agency’s proposed penalty, the judge also ordered compliance with an EPA order requiring these companies to cease unpermitted storage of hazardous waste, perform waste analyses, and submit and implement a closure plan for the site where the tank had been located.
The companies have a right to appeal the decision to EPA’s Environmental Appeals Board.
EPA Settles with Two San Joaquin Valley Companies to Ensure Safe Handling of Hazardous Waste
Collectively, they have agreed to pay $75,200 for their violations of a federal environment law.
“Facilities that deal with hazardous waste are responsible for its safe storage and handling,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “It’s vital to protect employees and nearby communities from the risks of accidental leaks and releases of harmful waste products.”
WCR, Inc., a heat exchanger refurbishing facility in Fresno, California, was inspected by EPA in March 2013, revealing the company’s failure to properly label and close hazardous waste containers. EPA inspectors also found that the facility had failed to maintain a hazardous waste container in good condition, leading to minor leaks, and had failed to minimize the possibility of unplanned releases by storing the leaking container in an outdoor, uncovered area. The facility had also failed to conduct required weekly inspections. WCR has agreed to pay $34,600 to resolve these violations.
B.C. Laboratories, Inc., a company that provides environmental testing services for commercial and government clients in Bakersfield, California, was inspected by EPA in November 2012. EPA investigators found that the facility failed to properly label and close hazardous waste containers, failed to provide adequate aisle space to allow unobstructed access by personnel and inspectors, and failed to submit a biennial hazardous waste report. The EPA also found that the facility was not following proper practices, posing a greater risk of hazardous waste releases into the environment. B.C. Laboratories has agreed to pay $40,600 to resolve these violations.
These settlements are part of the EPA Region 9’s efforts to work together with our federal, state, and local partners to reduce pollution from facilities that manage, store, or handle large volumes of hazardous waste. The Agency’s goal is to reduce the risk to human health and the environment for the four million residents living in the San Joaquin Valley by ensuring wastes from these types of facilities are properly managed.
FedEx Ground Charged for Allegedly Mishandling Hazardous Waste
The California Department of Toxic Substances Control (DTSC) filed a civil complaint against FedEx Ground Package System, Inc. (FedEx Ground) in Sacramento County Superior Court alleging more than 1,500 instances that resulted in multiple violations of California’s hazardous waste control laws.
The complaint alleges that since at least November 2008, FedEx Ground failed to properly manage as hazardous waste broken or leaking packages that contained hazardous materials, such as acids, solvents, insecticides, batteries, and other flammable, toxic, or corrosive materials.
DTSC alleges that in more than 1,500 instances, FedEx Ground unlawfully transported hazardous waste packages to FedEx Ground hub facilities that were not authorized to accept hazardous waste. FedEx Ground is alleged to have transported hazardous waste without hazardous waste transporter registration and without use of a hazardous waste manifest. At its thirty-one California terminals, FedEx Ground is alleged to have failed to make hazardous waste determinations, failed to obtain required identification numbers, failed to fill out hazardous waste manifests, failed to send the hazardous waste packages to authorized facilities and failed to properly label the hazardous waste packages.
“Over a period of several years, FedEx Ground failed to make hazardous waste determinations at its terminals and failed to manage these materials as required by California’s hazardous waste laws,” said Paul Kewin, head of DTSC’s Enforcement and Emergency Response Division. “These violations undermine DTSC’s goal of protecting Californians from toxic harm.”
The violations, if proven, subject FedEx Ground to civil penalties of up to $25,000 for each separate violation.
DTSC Takes Enforcement Action Against Clean Harbors Buttonwillow Landfill
The California Department of Toxic Substances Control (DTSC) resolved an enforcement action against Clean Harbors hazardous waste landfill facility in Buttonwillow.
Clean Harbors spilled waste near the facility’s Stabilization Treatment Unit driveway, which is where hazardous waste is combined with other materials in order to reduce toxicity and stabilize the waste. Soil samples taken in this area contained hazardous levels of zinc and chromium.
The facility was also penalized for cleaning soil near the Stabilization Treatment Unit driveway before DTSC could sample it because of miscommunication between Clean Harbors employees. DTSC found these violations during 2013 inspections.
Clean Harbors will pay $38,250 in penalties. Clean Harbors staff has also been trained in proper procedures during inspections as part of the agreement.
Clean Harbors is a commercial California landfill facility permitted to dispose of or treat and store hazardous waste. The facility is located in Kern County, in the San Joaquin Valley. It has been in operation since 1981.
Ohio to Consider Changes in Title V Air Permit Program
Ohio EPA will be performing a general review of the rules in this chapter to fulfill the requirements of ORC 119.032 (5-year review).
These rules are undergoing a 5-year review as required by ORC 119.032 and any amendments made to the rules will also be applicable to those facilities.
Upon completion of the Early Stakeholder Outreach portion of this rulemaking, Ohio EPA will make any changes necessary to the rule language and make a draft of the rule language available to the public for a 30-day review.
The Agency is seeking input on the following questions:
- Is the general regulatory framework proposed the most appropriate? Should the Agency consider any alternative framework?
- What options are available for improving an identified concept?
- Are there considerations the Agency should take into account when developing a specific concept?
- Is there any information or data the Agency should be aware of when developing program concepts or rule language?
- Would this regulatory program have a positive impact on your business? Please explain how.
- Would this regulatory program have an adverse impact on your business? If so, please identify the nature of the adverse impact (for example, license fees, fines, employer time for compliance).
When preparing your comments, the Agency is requesting that you:
Explain your views as clearly as possible
Describe any assumptions used
Provide any technical information and/or data used to support your views
Explain how you arrived at your estimate for potential burdens, benefits or costs
Provide specific examples to illustrate your views
Offer alternatives
Written comments should be submitted to the following address by the close of business on July 30, 2014:
Mr. Paul Braun
Ohio EPA Division of Air Pollution Control
50 W. Town St., Suite 700
PO Box 1049
Columbus, Ohio 43216-1049
614-644-3134
Sunco, Inc. Penalized $18,172 for Air Quality and Hazardous Waste Management Violations
The Massachusetts Department of Environmental Protection (MassDEP) penalized Sunco, Inc., $18,172 for air quality and hazardous waste management violations at its place of business on 35 Eastman Street in Easton.
The facility registered with MassDEP as a small quantity generator of waste oil and hazardous waste on July 1, 2012. However, when MassDEP inspected the facility on January 9, 2014, the facility was found to be generating large amounts of hazardous waste and had failed to seek approval for three manual spray booths and one automated spray booth, which utilize acetone for cleaning purposes. Sunco also failed to label a satellite container as containing waste acetone and paint, another violation.
“This facility clearly had a responsibility to seek approval prior to the installation of its spray booths, but did not, and further violated state regulations by generating more hazardous waste than it claimed,” said Phil Weinberg, director of MassDEP’s Southeast Regional Office in Lakeville. “MassDEP took action to ensure that the facility’s acetone emissions are limited under best management practices.”
In addition to the penalty, Sunco has agreed to immediately limit usage of acetone, maintain accurate records of waste generation, properly label all waste containers and schedule a scoping session with MassDEP to determine the necessary steps for proper approval of the spray booths. Sunco subsequently changed its registration status of hazardous waste from small quantity to large quantity generator after MassDEP notified the company of the violation.
Massachusetts Refrigerated Warehouses Improve Public Safety Practices under EPA Settlement
The owner of four refrigerated storage warehouses in Lakeville, Massachusetts, has agreed to make significant safety upgrades to their facilities, enhancing public health protection in the community, as part of a settlement with EPA for alleged violations of laws meant to prevent accidental releases of hazardous chemicals.
The settlement calls for Cold Storage Solutions, Inc., of Lakeville and three related companies to pay $108,000 in fines and to complete environmental projects worth more than $345,000.
The companies are: Cold Storage Solutions, Inc., Cold Storage Solutions I, Inc., Cold Storage Solutions II, Inc., and Cold Storage Solutions III, Inc. At each of the warehouses, the refrigeration system uses ammonia to refrigerate food, primarily seafood and cranberry products.
The facilities are located next to train tracks, within a third of a mile of Interstate 495, and within 1.5 miles of downtown Middleborough, two elementary schools, and a supermarket. An EPA inspection in Feb. 2012 identified potentially dangerous conditions relating to the ammonia refrigeration systems at each facility. Inspectors witnessed an accidental release of anhydrous ammonia at one facility, causing the inspectors to cut the inspection of that building short, evacuate the area, and contact emergency response authorities.
Ammonia is corrosive to the skin, eyes, and lungs, and is flammable at certain concentrations in the air. It can explode if released in an enclosed space with a source of ignition, or if a vessel containing anhydrous ammonia is exposed to fire. As a result of the dangers associated with ammonia, the ammonia refrigeration industry has developed standards and guidelines for the design and operation of ammonia refrigeration systems.
This settlement, which is designed to reduce the likelihood of a release of anhydrous ammonia and to limit the severity if a release occurs, requires the companies to improve safety at the facilities to help prevent an ammonia release. For example, Cold Storage will be required to install a computerized control and monitoring system at one of the facilities that will both help prevent releases through early detection and minimize the consequences of any release that does occur by facilitating a quick response. The settlement is also designed to enhance emergency response capabilities in the surrounding communities by requiring the companies to provide emergency equipment to local and regional first responders.
The agreement resolves claims that, at each facility, the companies violated these three duties.
Failure of a facility to file hazardous chemical inventory forms puts emergency responders at risk, since they rely on these forms to make them aware of the presence and amount of hazardous chemicals at a facility.
Following the inspection, EPA ordered the companies to comply with the Clean Air Act and then followed with complaints seeking penalties. The companies cooperated with EPA’s orders and in settling the penalty claims. EPA re-inspected the facilities in August 2013 and found many deficiencies had been corrected, but others were not fully resolved. The companies have since corrected all the deficiencies except one, which they have agreed to address and report back to EPA by July 1.
Specifically, EPA found the following safety deficiencies, among others: a lack of critical documents and information about the refrigeration systems, which makes it difficult for operators, inspectors, and emergency responders to understand the functioning, capacity, and risks posed by the systems; lack of adequate ventilation systems, which can cause ammonia vapors to build up to hazardous levels during a release; lack of signs and labels on equipment and piping in addition to a lack of posted information about the systems’ operation and shutdown process; failure to keep the ammonia machinery rooms free of flammable material, which increases the risk of a fire or explosion; failure to protect ammonia equipment and piping from forklift impacts; failure to have emergency eyewash and shower stations; failure to protect piping or support systems from corrosion, which increases the risk of a release; failure to properly place ammonia relief valves discharges and pressure-relief vent pipes, which increases the risk that emergency responders and workers could be sprayed with ammonia during a release; failure to have emergency shutdown switches outside machinery room doors, which impedes a quick and safe response to any release; failure to have adequate ammonia detectors or alarms; and failure to develop adequate emergency response plans.
$507,000 Fine for Offering Uncertified Generators for Sale
The California Air Resources Board has fined Virginia-based company Smarter Tools, Inc., $507,000 for selling illegal generators in California.
In May 2013, an ARB investigation showed that Smarter Tools, a US-operated business that owns multiple manufacturing facilities in China, had thousands of generators for sale at Costco warehouses which contained small off-road engines that were not certified by ARB.
“Certification protects human health by requiring companies to produce engines that don’t emit excessive air pollutants,” said ARB Enforcement Chief Jim Ryden. “Fortunately, this company acted quickly to remove the units in question and was proactive and cooperative throughout the enforcement process.”
As part of the settlement, signed in January 2014, Smarter Tools agreed to ensure that all engines used in future products will be properly certified and labeled before being sold in California.
All monies collected are paid to the California Air Pollution Control Fund, which provides funding for projects and research to improve California’s air quality.
Ivory Homes Violates Clean Water Act
The settlement will help prevent hundreds of thousands of pounds of sediment from entering Utah’s waterways as a result of construction activities.
“Keeping contaminated stormwater runoff out of the nation’s waterways is an EPA priority,” said Shaun McGrath, EPA’s regional administrator in Denver. “Today’s settlement requires Ivory Homes to implement comprehensive controls and training that will prevent runoff from contaminating Utah’s rivers, lakes and sources of drinking water.”
The majority of these alleged violations involved the company’s repeated failure to comply with permit requirements to install and maintain adequate stormwater pollution controls, conduct required inspections, and prevent the discharge of construction materials to nearby surface waters.
Stormwater runoff from construction activities can have a significant impact on water quality, affecting drinking water, reducing usability, and damaging valuable aquatic habitats. As stormwater flows over a construction site, it can pick up pollutants like sediment, debris, and chemicals and transport these to a nearby storm sewer system or directly to a river, lake, or coastal water. Polluted stormwater runoff can harm or kill fish and other wildlife. Sedimentation can destroy aquatic habitat, and high volumes of runoff can cause stream bank erosion.
The Clean Water Act requires permits for the discharge of stormwater runoff, which require that construction sites have controls in place to prevent impacts to nearby waterways. These include common-sense safeguards such as silt fences, phased site-grading, and sediment basins and training subcontractors to implement practices that prevent the discharge of pollutants.
The company must properly train construction managers and contractors on stormwater requirements and designate trained staff for each site.
The agreement with Ivory Homes is the latest in a series of EPA enforcement actions to address stormwater violations from residential construction sites around the country. Ivory Homes, based in Salt Lake City, is one of the nation’s 50 largest homebuilders and the largest in Utah.
EPA Resolves Underground Storage Tank Violations in Virginia
The required monthly and yearly inspections of leak detection equipment on a 6,000-gallon UST that stores kerosene will help prevent soil and groundwater contamination. The inspections will also help reduce the need for costly cleanups from accidental leaks.
Petersburg Deli has agreed to pay a $9,155 penalty.
EPA cited the company for not complying with safeguards designed to prevent, detect, and control leaks of petroleum and other hazardous substances from USTs. According to EPA, the company failed to conduct required monthly leak detection activities, and annual tests of leak detection equipment.
With millions of gallons of petroleum products and hazardous substances stored in USTs throughout the US, leaking tanks are a major source of soil and groundwater contamination. EPA and state UST regulations are designed to reduce the risk of underground leaks and to promptly detect and properly address leaks thus minimizing environmental harm and avoiding the costs of major cleanups.
As part of the settlement, the company did not admit liability for the alleged violation. The settlement penalty reflects the company’s cooperation with EPA in correcting the alleged non-compliance and resolving this matter.
EPA Orders Pennsylvania Municipalities to Improve Stormwater Management
EPA issued the orders to augment Pennsylvania’s efforts to ensure effective stormwater management programs are in place to improve water quality in local streams and the Chesapeake Bay, which is downstream of most of the towns cited by EPA.
“In this age of changing climate and more frequent and severe weather events, managing urban stormwater is essential for protecting and restoring the waterways in our communities,” said EPA Regional Administrator Shawn M. Garvin. “Our objective in issuing these orders is to build on the work being done by the Commonwealth of Pennsylvania, and bridge any gaps in making it clear to the municipalities that they need to do a better job of implementing their programs for controlling stormwater runoff.”
The federal Clean Water Act requires the cited municipalities to develop and implement a program to reduce contamination of stormwater runoff and prevent illegal discharges of stormwater.
MS4s are publicly-owned drainage systems, including storm drains, pipes, and ditches, which are designed to collect and convey stormwater runoff in urbanized areas.
Urbanized areas generally contain large portions of impervious surfaces such as roads, rooftops and parking lots that channel stormwater directly into local streams, rivers, and other water bodies. Improperly managed stormwater runoff from urbanized areas can cause flooding and significant erosion, damage streams, and carry excessive nutrients, sediment, metals, volatile organic compounds, and other pollutants downstream.
EPA Settlement to Help Protect Carroll County Waters From Runoff Pollution
The EPA recently announced that Carroll County, Maryland, has settled alleged violations of Clean Water Act regulations that protect waterways from polluted stormwater runoff.
In addition to the penalty, Carroll County signed an administrative order which included a schedule for correcting the violations.
EPA’s stormwater regulations control pollution from sources such as: city streets; impervious surfaces; construction sites; and, land disposal of waste. These regulations require municipalities to obtain discharge permits.
EPA’s complaint specifically cited Carroll County for failing to:
- Identify and map all stormwater outfalls
- Develop and implement required procedures to inspect active construction sites
- Ensure that all county facilities were properly permitted and inspected for compliance
- Develop a hotline for residents to report illicit stormwater discharges
As part of the settlement, Carroll County did not admit liability for the alleged violations, but has stated that it is now in compliance with applicable Clean Water Act requirements.
19 Consumer Products Companies Fined for Air Quality Violations
The products ranged from nail polish removers and bathroom cleaners to charcoal lighter materials and air fresheners. The violations amounted to over 11 tons of excess VOC emissions.
The amount collected went to the California Air Pollution Control Fund to support air quality projects and research to improve California’s air quality.
“Consumers unknowingly contribute to ozone formation when they purchase non-compliant items, which is why companies must sell products that adhere to ARB regulations that help protect air quality,” said ARB Enforcement Chief James Ryden.
The fines totaled $233,175. The five companies paying the highest amounts were:
- Bumble and bumble - $88,000
- Wal-Mart - $34,000
- Stoner- $16,500
- Alterna - $12,850
- Adoro & Triple Image - $12,000
The 14 other companies with fines totaling $69,825 were:
- Dave X Labs
- Lundmark Wax
- Strength of Nature
- PLZ Aeroscience
- Turtle Wax
- Solo Fragrances
- C&S Wholesale
- K Hall Studio
- Unelko
- Permatex(ITW)
- Sullivan & Sprayway
- Un-du Products
- Sorbie Distributing
- Aquiesse
Volatile organic compounds are gases released from solids and liquids, contributing to ozone formation once released into the air. These gases can be found in a number of products such as paints, wood preservatives, aerosol sprays, cleansers and disinfectants, air fresheners, stored fuels, automotive products, and more.
Two Men Arrested for the Illegal Disposal of Harmful Substances
Investigators within the Criminal Investigation Division of the Louisiana Department of Environmental Quality arrested a New Jersey man for felony illegal disposal of harmful substances.
George L. Ryals III, 62, of Newton, New Jersey, President of Stillwater Consultants, LLC, (Stillwater) is alleged to have abandoned a large number of compressed gas cylinders containing poisonous gases and other wastes at a warehouse leased by Stillwater Consultants located at 8050 Bryan Road, in Roanoke, in Jefferson Davis Parish, Louisiana. A second suspect in the case, Michael Anaker, 55, of Sulphur, was also arrested for identical charges on June 17.
The owner of the leased warehouse, Crop Production Services (CPS), evicted Stillwater Consultants, Ryals and Anaker in June 2009 for failure to pay rent. In July 2009, representatives of CPS visited the property and found that over 500 compressed gas cylinders and several drums of waste oil had been abandoned inside the warehouse. Under DEQ regulations, abandonment of wastes is considered disposal.
In August 2009, the Louisiana State Police, Emergency Services Unit, (LSP/ESU), made entry into the warehouse and found cylinders containing chlorine, cyanogen chloride, cyanogen, phosgene, arsenic pentafluoride, sodium cyanide, and hydrogen cyanide. Many of the cylinders were in poor, deteriorating condition and in danger of leaking. Phosgene, chlorine and hydrogen cyanide (HCN) are extremely hazardous chemicals that were used as chemical warfare agents, especially during World War I.
Due to the hazards discovered onsite, the Louisiana Department of Environmental Quality made a Declaration of Emergency on August 14, 2009, which required CPS to mitigate and remove the substances that may threaten the health, safety and welfare of nearby citizens. CPS cooperated fully with the subsequent cleanup and investigation. The remediation of the CPS warehouse was completed on Dec. 17, 2009, at a cost of over one million dollars to CPS. Agents from the Louisiana State Police, the United States Environmental Protection Agency Criminal Investigation Division and the New Jersey Attorney General’s Office also participated in the investigation.
If convicted of the crime of knowingly disposing of a substance that endangers or that could endanger human life or health, Ryals and Anaker face possible imprisonment for not more than 10 years with or without hard labor, or a fine of not more than $100,000, or both.
New Jersey Man Charged with Illegal Dumping on State Land
The Department of Environmental Protection’s (DEP) new initiative to crack down on illegal dumping in state parks and natural lands has resulted in charges of a Seaside Heights man who has been court-ordered to pay more than $21,000 in penalties.
The DEP’s “Don’t Waste Our Open Space” campaign was launched in late March. Since the launch, investigations of illegal dumpsites on state properties by State Park Police, Division of Fish & Wildlife’s Conservation Officers and DEP’s Compliance & Enforcement personnel has resulted in 10 arrests or enforcement actions.
On April 26, Conservation Officer Sean McManus located eight garbage bags with siding shingles containing asbestos and other debris along Dover Road in the Greenwood Forest Wildlife Management Area in Lacey Township, Ocean County. An investigation of the contents in the garbage led McManus to Adam Wardell, 25, of Seaside Heights.
Wardell acknowledged dumping the garbage bags after being paid to remove them from a residence in Brick Township, according to Division of Fish & Wildlife Conservation Officers. Wardell was charged with illegally dumping solid waste in a State Wildlife Management Area. On June 17, under a plea agreement at Lacey Township Municipal Court, Wardell pled guilty and was ordered to pay $21,533 in penalties.
“Our wildlife management areas provide numerous recreational opportunities for all residents of New Jersey. Our state conservation officers will aggressively prosecute any person or persons who tarnish these natural lands for the purpose of illegally disposing of waste,” said Division of Fish and Wildlife Bureau of Law Enforcement Chief Mark Chicketano. “Abandoned hazardous waste dumped in our natural areas and state parks, in particular, is a serious crime that can impact people, wildlife and the ecology.”
The “Don’t Waste Our Open Space” program is a coordinated effort of a host of DEP agencies, including Parks, Fish & Wildlife, Solid Waste, Water Resources, State Forestry Services and the Natural Lands Trust.
The campaign incorporates strict enforcement of illegal dumping practices, while raising awareness of the problem through outreach and education.
Strategically deployed motion-sensor cameras have been set up in select state parks and wildlife management areas to help nab violators. Information on arrests and charges filed in connection with illegal dumping will be posted on www.stopdumping.nj.gov.
The DEP is being aggressive in its pursuit of civil and criminal complaints against violators. Penalties for illegal dumping in state parks and in fish and wildlife areas will include criminal fines of up to $5,000 per violation and civil penalties of up to $1,500 per violation. In addition, the state also will seek much stiffer penalties for major violations through the Solid Waste Management Act, which authorizes the DEP and county health departments to initiate civil actions for illegal dumping violations.
Illegal dumping, which includes everything from unlawful disposal of construction debris and old TVs and computers to the dumping of car parts and tires—and even entire vehicles—has been a growing problem in the state’s vast natural holdings in all 21 counties in recent years.
Nearly all of the state’s more than 170 publicly owned tracts, including state parks, state forests, wildlife management areas, marinas, and natural lands and preserves, have been impacted by illegal dumping. These lands account for 813,000 acres of state-preserved open space.
Consumer Products Tested for Toxic Flame Retardants
Tests on 125 consumer and children’s products show some manufacturers have replaced flame retardants banned in many products sold in Washington, with unregulated—but also potentially toxic—chemicals.
“The study confirmed that some manufacturers have made what are known as ‘regrettable substitutions,’” said Carol Kraege, who leads the Department of Ecology’s work to reduce toxics threats.
This includes manufacturers reporting some flame retardants present in children’s products under the Children’s Safe Product Act (CSPA). Eight samples from children’s products contained flame retardants above the reporting limit.
Ecology notified manufacturers of potential violations and is working to ensure compliance. The presence of a chemical in a product doesn’t necessarily mean it’s unsafe.
Products tested included seat cushions, mattresses, upholstered furniture for children, electronics, clothing, and baby carriers.
Toxic chemicals, especially long-lasting ones that build up over time, are found everywhere, and flame retardants are no exception. PBDEs were found in fish and whales in the Puget Sound in a study funded by the Environmental Protection Agency’s National Estuary Program.
Research shows PBDEs can impact reproductive health, the immune system, and development in mammals. Evidence is also mounting that shows flame-retarding chemicals do not effectively slow fires and that fire fighters can have negative health effects from inhaling fumes while battling blazes.
A report containing test results, as well as a database with manufacturers’ reports on toxics used in children’s products are available on Ecology’s website. People can also join the children’s safe products email list for periodic updates.
Ecology’s work on flame retardants and safer alternatives will continue. The Washington State Legislature requested a report by December 2014 recommending whether other flame retardants should be banned in children’s products and furniture.
People interested in Ecology’s work on toxics can follow the ECOconnect blog series Tackling Toxics. The series provides in-depth coverage of product testing and other actions the agency is taking to reduce toxic threats in Washington.
Supreme Court Upholds EPA’s Authority to Limit Carbon Pollution
Of crucial importance, the Court also left undisturbed other key Clean Air Act provisions authorizing EPA to issue “performance standards” limiting carbon pollution from sources such as power plants, refineries and cement kilns. Also preserved is the EPA’s authority to set limits on carbon pollution from cars and trucks, including the limits EPA has already set in 2010 and subsequent years.
Statement from Earthjustice attorney Howard Fox, co-counsel for Environmental Defense Fund in the case:
“Today marks the third Supreme Court decision confirming EPA’s authority to protect us against harmful carbon pollution that threatens our health and our communities. The decision keeps the architecture in place for setting national standards to limit carbon emissions from power plants, motor vehicles, and other sources. It also provides clear momentum and authority for the EPA, as the agency moves forward with its recently announced crucial limits on carbon pollution from existing power plants.”
In 2007, the Supreme Court ruled that carbon dioxide and other greenhouse gases are pollutants under the Clean Air Act. The EPA officially determined in 2009 that carbon pollution endangers public health and welfare, contributing (among other impacts) to heat waves that worsen smog and sea-level rise that threatens coastal communities. In 2010, the EPA issued the first-ever federal carbon pollution standards for cars and trucks, and in 2012, a federal court of appeals upheld these standards against industry challenge.
The Supreme Court’s action leaves in place key portions of the 2012 decision, as well as the following:
- The EPA’s 2009 finding that carbon pollution endangers public health and communities
- Emission standards the EPA issued in 2010 (and subsequent years) limiting carbon pollution from cars and trucks
- The EPA’s authority under the Clean Air Act to adopt emission standards (“performance standards”) for power plants and other stationary sources of carbon pollution
- Key portions of the EPA’s regulations (under the “prevention of significant deterioration” permit program) requiring major new and modified pollution sources such as power plants and factories to use the best available technology to limit carbon emissions
The Clean Air Act’s “prevention of significant deterioration” permit program requires that new and modified major stationary polluters such as power plants and factories use the best available technology to control their air pollution. Industry and its allies filed lawsuits seeking to exempt carbon pollution from this safeguard. While the Supreme Court ruling does excuse some pollution sources from this requirement, the requirement will remain in effect for the worst carbon polluters, which account for roughly 83% of US stationary source greenhouse gas emissions.
Public Interest Groups Call on Obama to Finalize Hazardous Waste Requirements
A large coalition of environmental justice, public health and green organizations in a letter Thursday called on President Obama to fulfill a consent decree by finalizing a proposed rule that would strengthen safeguards governing billions of pounds of hazardous waste that were excluded from regulation in 2008.
“The undersigned individuals and organizations … are committed to serving environmental justice and protecting human health and the environment,” the letter stated. “We therefore view with great alarm the continuing lack of adequate regulation of hazardous waste facilities in our communities.”
“The Obama Administration missed its deadline for restoring critical protections to the nation’s most vulnerable communities,” says Lisa Evans, senior administrative counsel for Earthjustice. “As a result, dangerous hazardous waste facilities are operating without adequate oversight—the nation deserves better, and the law requires it.”
The letter signed by some 200 organizations and individuals from all 50 states, the District of Columbia and Puerto Rico, follows repeated delays by the EPA and the Office of Management and Budget in finalizing a rule that would strengthen the handling of hazardous waste.
In 2008, under President George W. Bush’s Definition of Solid Waste (DSW) rule, 1.5 million tons of hazardous waste were no longer subject to strict cradle-to-grave safeguards required since 1976 under the Resource Conservation and Recovery Act. Under the Bush DSW rule, thousands of companies that reclaim hazardous waste were relieved from complying with more protective standards.
Reclamation and “recycling” of hazardous waste has been a serious concern for decades. PCB-contaminated soil, which resulted from a so-called “recycling” project, was dumped in a rural, predominantly African-American county in North Carolina in the early 1980s and launched the environmental justice movement. Since 1982, hazardous waste recycling has polluted more than 200 sites, including many on the Superfund National Priority List, which identifies the worst toxic waste sites in the nation.
As a result of Bush’s Definition of Solid Waste rule, hazardous waste—such as benzene, toluene, ttrichloroethylene, and heavy metals like arsenic, lead and mercury—faced significantly less stringent regulation. These hazardous substances have been linked to cancer, birth defects, immune disorders and lupus, among other illnesses.
Leslie Fields, the Sierra Club’s Director of Environmental Justice and Community Partnerships Program, criticized the Obama administration for delaying finalization of the rule. “The Obama Administration needs to end the delay to finalize the Definition of Solid Waste rule immediately,” said Fields.
“We were cheered when the EPA published its excellent environmental justice analysis for this rule, but that was years ago. Communities living with the burden of secondary hazardous waste, around the country, cannot wait any longer for this rulemaking. The Obama Administration needs to finish the job now!”
In a letter sent Thursday, both large and small community-based groups around the nation said: “Further delay is unacceptable while fires rage at scrap metal facilities in environmental justice communities, and toxic releases to air and water poison fence-line neighborhoods at recycling operations.”
Earthjustice filed a lawsuit over the solid waste rule in 2009 because of the absence of critical standards to protect communities that host the dangerous facilities. According to a 2010 consent agreement, EPA was required to publish a new Definition of Solid Waste rule by December 2012.
In 2011, the EPA proposed a rule that restored many of the protections that were removed under Bush. The Agency also completed its first-ever environmental justice analysis, finding the rule disproportionately impacted communities of color and low-income communities.
But the EPA has never finalized the rule despite the requirements of the consent agreement.
On March 15, the Office of Management and Budget finally began its regulatory review of the rule and was required to complete the review within 90 days but failed to do so. The groups are calling on Obama to cease the series of delays finalize the rule by July 11.
“EPA’s environmental justice analysis is unprecedented and extremely important,” said Dr. Robert Bullard, dean of the Barbara Jordan-Mickey Leland School of Public Affairs at Texas Southern University. “It shows the issue of environmental justice was given serious consideration. We would hope that environmental justice in all EPA rulemakings and all programs would be given the same level of priority. It is essential that communities don’t become the dumping ground for toxic waste and for sham recycling operations,” he said.
A.G. Files Complaint against Hanover Environmental Services, Inc.
Hanover, based in Chico, Butte County, is owned by husband and wife, William and Carrie Bono. The firm has provided geological consulting services for more than 50 contaminated sites, such as gas stations, throughout northern California including in Butte, Shasta, Colusa, Plumas, Sacramento, Sutter, and Yuba counties.
The complaint alleges that the Bonos, as responsible corporate officers, are liable for the alleged damages. The complaint also alleges that Hanover has submitted inaccurate and/or misleading documentation to obtain money to which they are not entitled from the Cleanup Fund. The Water Board seeks repayment of money paid to Hanover by the Cleanup Fund which was based on inaccurate data, and an injunction against Hanover until it obtains proper licenses to practice geology in California.
Currently, although Hanover provides geological services, none of its officers holds a professional license in geology, as required by California law. Licensing laws protect the public from substandard work.
“It is very important to protect the integrity of the Cleanup Fund from waste and claims for unnecessary, unreasonable, and substandard work,” said Cris Carrigan, Director of the State Water Board’s Office of Enforcement. “Unlicensed activity, in particular, is a long-recognized threat to the health, welfare, and safety of the public. Hanover’s business practices resulted in unacceptable risks to health, safety, and the environment.”
Special assistance is often provided to the Unit by the Cleanup Fund, the Regional Water Quality Control Boards, the Department of Toxic Substances Control, and the Air Resources Board.
The Cleanup Fund, financed by a 1.4 cent-per-gallon gasoline storage fee, reimburses up to $1.5 million per site for cleanup of petroleum releases at underground storage tank facilities. There are approximately 2,400 active claims to the Cleanup Fund for reimbursement. The Cleanup Fund has reimbursed $3.4 billion for eligible costs since 1992. Approximately 7,500 Cleanup Fund claims have received site and claim closure since the program’s inception in 1989.
San Diego Water Board Waives Regulation to Spur Water Conservation
The San Diego Regional Water Quality Control Board (San Diego Water Board) adopted an Order conditionally waiving regulation of 36 types of waste discharges, some of which will assist in regional water conservation efforts during the state’s third year of drought. For example, this action makes it easier for homeowners to use domestic greywater for outdoor irrigation, and for the construction industry to use recycled water for dust control—all without additional red tape. The 36 types of waste discharges include low-threat discharges ranging from aerial fireworks debris that land on the ground, to evaporation ponds that receive wast