The final revised rule announced recently will reduce the capital and annual costs of the original 2010 rules by $287 million and $139 million, respectively, while reducing harmful pollutants, including 2,800 tons per year (tpy) of hazardous air pollutants; 36,000 tpy of carbon monoxide; 2,800 tpy of particulate matter; 9,600 tpy of nitrogen oxides, and 36,000 tpy of volatile organic compounds.
Pollution emitted from the engines can cause cancer and other serious health effects including: aggravation of respiratory and cardiovascular disease; premature deaths in people with heart or lung disease; neurological, cardiovascular, liver, kidney health effects; and effects on immune and reproductive systems.
EPA estimates annual health benefits of the updated standards to be worth $830 million to $2.1 billion.
The final amendments to the 2010 “National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines (RICE)” reflect new technical information submitted by stakeholders after the 2010 standards were issued. The updates will ensure that the standards are cost-effective, achievable, and protective, while continuing to provide significant emission reductions.
The amendments also specify how the standards apply to emergency engines used for emergency demand response.
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EPA’s 2011 Toxics Release Inventory Shows Air Pollutants Continue to Decline
Total toxic air releases in 2011 declined 8% from 2010, mostly because of decreases in hazardous air pollutant (HAP) emissions, even while total releases of toxic chemicals increased for the second year in a row, according to the EPA annual Toxics Release Inventory (TRI) report published recently.
The annual TRI provides citizens with vital information about their communities. The TRI program collects information on certain toxic chemical releases to the air, water, and land, as well as information on waste management and pollution prevention activities by facilities across the country. TRI data are submitted annually to EPA, states and tribes by facilities in industry sectors such as manufacturing, metal mining, electric utilities, and commercial hazardous waste facilities.
“The Toxics Release Inventory provides widespread access to valuable environmental information. It plays a critical role in EPA’s efforts to hold polluters accountable and identify and acknowledge those who take steps to prevent pollution,” said EPA Administrator Lisa P. Jackson. “Since 1998, we have recorded a steady decline in the amount of TRI chemicals released into the air, and since 2009 alone, we have seen more than a 100 million lb decrease in TRI air pollutants entering our communities. This remarkable success is due in part to the TRI program and concerted efforts by industry, regulators, and public interest groups to clean up the air we all depend upon.”
Among the HAPs showing decline were hydrochloric acid and mercury. Likely reasons for the decreases seen over the past several years include installation of control technologies at coal fired power plants and a shift to other fuel sources. Releases into surface water decreased 3% and releases to land increased 19% since 2010, with the latter again due primarily to the metal mining sector, as explained below.
Many of the releases from TRI facilities are regulated under various EPA programs and requirements designed to limit harm to people’s health and the environment.
The 2011 TRI data show that 4.09 billion lb of toxic chemicals were disposed of or released into the environment (i.e., air, water, or land), an 8% increase from 2010. The difference is mainly due to increases in land disposal at metal mines, which typically involve large facilities handling large volumes of material. In this sector, even a small change in the chemical composition of the ore being mined—which EPA understands is one of the asserted reasons for the increase in total reported releases—can lead to big changes in the amount of toxic chemicals reported nationally. Other industry sectors also saw smaller increases in releases, including the hazardous waste management sector.
EPA has improved this year’s TRI national analysis report by adding new information about facility efforts to reduce pollution, insights into why air releases are declining, and an enhanced analysis of releases on tribal lands. With this report and EPA’s web-based TRI tools, citizens can access information about TRI-listed toxic chemical releases in their communities and across the country.
Facilities must report their toxic chemical releases to EPA under the Federal Emergency Planning and Community Right-to-Know Act (EPCRA) by the beginning of July each year. The Pollution Prevention Act of 1990 also requires information on waste management activities related to TRI chemicals. Also, EPA’s TRI mobile application, myRTK, geographically displays nearby facilities that report to the TRI program, as well as facilities with EPA air, water or hazardous waste program permits.
Black Carbon is Much Larger Cause of Climate Change than Previously Assessed
Black carbon is the second largest man-made contributor to global warming and its influence on climate has been greatly underestimated, according to the first quantitative and comprehensive analysis of this pollutant’s climate impact.
The direct influence of black carbon, or soot, on warming the climate could be about twice previous estimates, according to an in-depth study published recently in the Journal of Geophysical Research-Atmospheres, a publication of the American Geophysical Union. Accounting for all of the ways black carbon can affect climate, it is believed to have a warming effect of about 1.1 Watts per square meter (W/m2), approximately two-thirds of the effect of the largest man made contributor to global warming—carbon dioxide.
“This study confirms and goes beyond other research that suggested black carbon has a strong warming effect on climate, just ahead of methane,” said co-lead author David Fahey of the US National Oceanic and Atmospheric Administration (NOAA). The study, a four-year, 232-page effort, led by the International Global Atmospheric Chemistry (IGAC) Project, is likely to guide research efforts, climate modeling, and policy for years to come, the authors and other scientists familiar with the paper said.
The report’s best estimate of direct climate influence by black carbon is about a factor of two higher than most previous work. This includes the estimates in the 2007 Intergovernmental Panel on Climate Change (IPCC) Assessment, which were based on the best available evidence and analysis at that time.
Scientists have spent the years since the last IPCC assessment improving estimates, but the new assessment notes that emissions in some regions are probably higher than estimated. This is consistent with other research that also hinted at significant under-estimates in some regions’ black carbon emissions.
The results indicate that there may be a greater potential to curb warming by reducing black carbon emissions than previously thought.
“There are exciting opportunities to cool climate by reducing soot emissions but it is not straightforward,” said co-author Professor Piers Forster from the University of Leeds’s School of Earth and Environment in the United Kingdom. “Reducing emissions from diesel engines and domestic wood and coal fires is a no-brainer, as there are tandem health and climate benefits. If we did everything we could to reduce these emissions we could buy ourselves up to half a degree (Celsius) less warming—or a couple of decades of respite.”
However, the international team urges caution because the role of black carbon in climate change is complex. “Black carbon influences climate in many ways, both directly and indirectly, and all of these effects must be considered jointly,” says co-lead author Sarah Doherty of the University of Washington in Seattle, an expert in snow measurements.
The dark particles absorb incoming and scattered heat from the sun (called solar radiation), they can promote the formation of clouds that can have either cooling or warming impact, and they can fall on the surface of snow and ice, promoting warming and increasing melting. In addition, many sources of black carbon also emit other particles that provide a cooling effect, counteracting black carbon.
The research team quantified the complexities of black carbon and the impacts of co-emitted pollutants for different sources, taking into account uncertainties in measurements and calculations. The study suggests mitigation of black carbon emissions for climate benefits must consider all emissions from each source and their complex influences on climate.
Based on the scientists’ analyses of these different sources, black carbon emission reductions targeting diesel engines and some types of wood and coal burning in small household burners would have an immediate cooling impact.
Black carbon is a significant cause of the rapid warming in the Northern Hemisphere at mid to high latitudes, including the northern United States, Canada, northern Europe and northern Asia, according to the report. The particles’ impacts can also be felt farther south, inducing changes in rainfall patterns from the Asian Monsoon. Curbing black carbon emissions could therefore have significant impact on reducing regional climate change while having a positive impact on human health by reducing the amount of damage the particles cause to the respiratory and cardiovascular systems.
“Policy makers, like the Climate and Clean Air Coalition, are talking about ways to slow global warming by reducing black carbon emissions,” said co-lead author Tami Bond of the University of Illinois at Urbana-Champaign. “This study shows that this is a viable option for some black carbon sources and since black carbon is short-lived, the impacts would be noticed immediately. Mitigating black carbon is good for curbing short-term climate change, but to really solve the long-term climate problem, carbon dioxide emissions must also be reduced.”
EPA Launches New Voluntary Program to Help Reduce Particulates
EPA recently announced a new voluntary clean air program, 'PM Advance,' to help communities continue to meet particulate pollution standards, improve air quality, and protect public health. PM Advance focuses on working with communities to develop strategies for reducing harmful fine particle emissions.
Fine particle pollution (PM2.5) can penetrate deep into the lungs and has been linked to a wide range of serious health effects, including premature death, heart attacks, and strokes, as well as acute bronchitis and aggravated asthma among children.
On December 14, 2012, EPA updated the national air quality standards for PM 2.5 by revising the annual standard to 12 micrograms per cubic meter (ug/m3). Updated last in 1997, the revised annual standard will have major economic benefits with comparatively low costs. EPA estimates health benefits of the revised standard would range from $4 billion to over $9 billion per year.
The PM Advance program is designed to help communities who meet current standards continue to meet the standards. Early work to reduce fine particles, such as PM Advance participation, can be incorporated into required planning. Through the program, participants will commit to taking specific steps to reduce fine particle pollution, such as putting in place a school bus retrofit program or an air quality action day program, while EPA will supply technical advice, outreach information, and other support.
While federal rules are expected to ensure that most areas meet the new standards, areas can participate in PM Advance to help them remain in attainment.
EPA Proposal for Navajo Generating Station Cuts Harmful Emissions
EPA is proposing air pollution limits for Navajo Generating Station, one of the largest sources of harmful nitrogen oxide (NOx) emissions in the country. The 2,250 megawatt power coal-fired power plant is located on the Navajo Nation, less than 20 miles from the Grand Canyon, near Page, Arizona, and the Utah state line.
The recent action aims to improve visibility, as required by Congress under the Clean Air Act, at 11 national parks and wilderness areas in the Southwest. Each year, more than 4 million people visit the Grand Canyon. However, many visitors cannot fully appreciate the spectacular vistas because of the veil of white or brown haze that hangs in the air, reducing visibility and dulling the natural beauty. The recent proposal would reduce the visibility impact from Navajo Generating Station (NGS) by an average 73% at the national parks and wilderness areas. It will also help protect public health—NOx reacts with other chemicals in the air to form ozone and fine particles, both associated with asthma, bronchitis, emphysema, and even premature death.
“By reducing emissions 84%, we will be able to breathe cleaner, healthier air and preserve the visibility essential to the economic vitality of the region,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “The millions of tourists who visit national parks in Arizona and Utah every year will now be able see vistas once marred by pollution.”
EPA’s proposed emission limit can be achieved by installing an effective, readily available pollution control technology known as Selective Catalytic Reduction, which, in combination with the existing low-NOx burners the facility voluntarily installed between 2009 and 2011, would reduce emissions by 84%, or a total of 28,500 tons per year, by 2018.
EPA is proposing to give the plant an additional five years, until 2023, to install new controls to achieve the emission limit. This flexibility recognizes the importance of NGS to numerous tribes, and the environmental benefits provided by the early installation of low-NOx burners in 2009. EPA is also requesting comments on other options that could set longer timeframes for installing pollution controls if the facility can achieve additional emission reductions. EPA is prepared to issue a supplemental proposal if other approaches satisfy the Clean Air Act requirements and meet the stakeholders’ needs.
EPA has engaged extensively with local tribes, the Salt River Project, the Central Arizona Project, the agricultural community and other stakeholders regarding impacts on power and water costs. EPA took into consideration more than 6,700 comments since the advanced notice of proposed rulemaking was first published in 2009.
Earlier this month, a joint statement signed by the EPA, Department of the Interior and Department of Energy commits each agency to helping develop “clean, affordable and reliable power, affordable and sustainable water supplies, and sustainable economic development, while minimizing negative impacts on those who currently obtain significant benefits from NGS, including tribal nations.”
NGS is co-owned by several entities: the US Bureau of Reclamation (24% share), Salt River Project, Los Angeles Dept. of Water & Power, Arizona Public Service, Nevada Power Company and Tucson Electric Power.
A 90-day public comment period will begin upon publication of the notice in the Federal Register. During this time, EPA will hold public hearings in Arizona.
Sustainable Reinforcement for Concrete has Newly Discovered Benefits
Jute—the cheap fiber used to make burlap, has been found to be an inexpensive, sustainable reinforcement for mortar and concrete, according to a study in ACS’ journal Industrial & Engineering Chemistry Research.
Subhasish B. Majumder and colleagues note that there has been a resurgence of interest in using economical, sustainable natural fibers, rather than steel or synthetic fibers, to reinforce the cement compositions used to make concrete and mortar, the world’s most widely used building materials. That reinforcement makes cement compositions stronger and more resistant to cracks. Their previous research showed that jute works as a reinforcement fiber.
The new study discovered another advantage of jute, which is second only to cotton as the most widely used natural fiber. The addition of jute fibers also delays the hardening of concrete and mortar, which must be trucked to construction sites. “The prolonged setting of these fiber-reinforced cement composites would be beneficial for applications where the pre-mixed cement aggregates are required to be transported from a distant place to construction site,” the report states.
Director of Lee Water Testing Lab Indicted in Connection with Falsifying Drinking Water Reports
The director of a private water testing laboratory in Lee has been indicted in connection with backdating drinking water sample analyses to cover-up misconduct and feign compliance with environmental laws, Attorney General Martha Coakley's Office announced recently.
William Enser, Jr., age 63, of Lee, was indicted by a Berkshire County Grand Jury on charges of Knowingly Falsifying Reports Submitted to the Department of Environmental Protection (15 counts) and Willfully Making False Reports to the Department of Environmental Protection (15 counts).
“This defendant allegedly backdated reports sent to officials to make it appear that water samples were tested within the required timeframe when in fact, they were not,” AG Coakley said. “As the director of the lab, he was entrusted with ensuring the integrity of the testing and the safety of the water supply. We allege that he neglected those responsibilities by cutting corners and then attempting to cover it up.”
“Labs that test drinking water samples must be held to very strict standards to ensure that the health and safety of the public is never compromised,” said Commissioner Kenneth Kimmell of the Department of Environmental Protection (MassDEP). “This indictment suggests that the lab director purposely skewed the data and undermined the system. MassDEP staff conducting audit, inspection and investigative functions uncovered this fraud and helped to bring this operator to justice.”
In September 2012, the AG's Office began an investigation after the matter was initially investigated and referred by MassDEP. Enser was the director of Berkshire Enviro-Labs, Inc., (Enviro-Labs) in Lee. Enviro-Labs is a private Massachusetts company that previously acted as a certified drinking water lab to provide drinking water testing for private and public water suppliers in the western part of Massachusetts.
Authorities allege that at times between 2008 and 2012, Enser falsified the dates of drinking water sample analyses on reports submitted to the MassDEP in an attempt to make it appear that the analyses had been completed within the required holding time for those substances, when in fact, they had not. The analyses were being run for the presence of nitrates and nitrites, substances that can contaminate drinking water. The maximum sample holding time, or the time from sample collection to sample analysis, for these kinds of samples is 48 hours. After 48 hours, the lab analysis is not considered reliable.
Investigation revealed that the dates submitted to the MassDEP differed from those found on the chromatogram, a chart printed from the instrument used to analyze the samples, in an alleged attempt to feign compliance with state environmental laws.
MassDEP conducted additional analysis to determine if the falsification of the data put the public at risk. Based on the prompt closing of the lab, MassDEP’s own additional sampling and close review of the data concerning nitrates and nitrites, the agency does not believe that the water that was the subject of the back-dated samples put the public at risk.
These charges stem from an investigation by the Massachusetts Environmental Strike Force, an interagency unit that is overseen by AG Coakley, MassDEP Commissioner Kimmell, and Energy and Environmental Affairs Secretary Richard K. Sullivan, Jr. The Strike Force comprises prosecutors from the Attorney General’s Office, Environmental Police Officers assigned to the Attorney General’s Office, and investigators and engineers from the MassDEP who investigate and prosecute crimes that harm or threaten the state’s water, air, or land and that pose a significant threat to human health.
A Berkshire County Grand Jury returned indictments against Enser on Wednesday. He will be arraigned in Berkshire Superior Court on January 23. In September 2012, MassDEP’s Wall Experiment Station Lab Certification Office, which certifies and audits these kinds of labs, revoked the certification of Enviro-Labs that allowed them to analyze water samples as a result of falsification of data and engaging in deceptive practices. The laboratory has not been conducting analysis on water samples since that time.
The case is being prosecuted by Assistant Attorney General Andrew Rainer, Chief of the Environmental Crimes Strike Force, and Assistant Attorney General Sara Farnum, of AG Coakley's Environmental Crimes Division, with assistance from the Massachusetts Environmental Police, and the MassDEP Strike Force Director Pamela Talbot and investigators Tim Dame and Joel Rees. MassDEP staff also worked to corroborate the technical findings and to ensure the continued delivery of certified lab services to affected water suppliers. That staff is Marielle Stone, Western Regional Office Director Michael Gorski and Brian Harrington, Jim Gibbs, Deirdre Cabral and Doug Paine. MassDEP lab staff, Anne Marie Allen, John Bardzik and Lisa Touet provided valuable assistance with the lab audit and inspections.
Floridians Stand Up Against Slime
Concerned Floridians told EPA recently that the continued slime outbreaks in the state’s public waterways are harming Florida’s tourism business, contaminating drinking water, killing wildlife, and repeatedly threatening public health. They joined together in a public demonstration and urged the EPA to stay strong and enforce the Clean Water Act, despite pressure from polluting industries.
Boaters, anglers, and swimmers headed to the spring-fed Santa Fe River near Gainesville, Florida, for the 2012 Memorial Day weekend encountered an outbreak of nasty green slime, sparked by pollution from sewage, manure, and fertilizer.
“EPA officials say they are prepared to withdraw their proposed strong rules and transfer Clean Water Act authority to Florida DEP. That would be disastrous,” said Frank Jackalone, Sierra Club's Florida staff director.
“Governor Scott and DEP Secretary Vinyard are neither willing nor able to stop the flow of manure, sewage, and fertilizer into Florida's springs, lakes, rivers and bays. They are crippling clean water enforcement and doing the dirty work of polluters. Theirs is the reign of red tides and green slime,” Jackalone said.
“The joke that DEP stands for ‘Don’t Expect Protection’ has never been more true,” said Earthjustice attorney David Guest.
“This is a critical time for us to get a handle on the sewage, manure, and fertilizer pollution that’s causing these repeated algae outbreaks which devastate rivers like the St. Johns,” said St. Johns Riverkeeper Lisa Rinaman. “The St. Johns River is at the center of the northeast Florida economy. Green slime and massive piles of dead fish along the banks hurt us all. We want EPA to stand strong and do its job enforcing the Clean Water Act.”
Andrew McElwaine, President of the Conservancy of Southwest Florida, noted that Sarasota County had to remove 4.5 tons of rotting fish from its public beaches due to red tide, which is worsened by this pollution. In addition, Sanibel Island had to cancel a youth fishing tournament, green slimy algae keeps shutting down a drinking water plant for 30,000 people, and the state has banned shell fishing in some areas.
“We were encouraged in November when the EPA announced it is setting enforceable, numeric limits on the amount of pollutants allowed in our waters,” McElwaine said. “The EPA’s number limits apply to about 85% of Florida waters. Unfortunately, the EPA allowed Florida to impose ineffective state rules for 15% of streams, canals and estuaries.”
“Now EPA is signaling that it is might withdraw its proposed rules for 85% of Florida's waters and transfer that authority to the DEP,” McElwaine said. “That’s the wrong way to go.”
“We need EPA’s enforceable numbers for 100% of the state’s waters,” said Earthjustice attorney Guest. “We’ve seen that the Scott administration is far more interested in coddling polluter lobbyists than it is in cleaning up our public waterways. We know that polluted water is a job killer for everyone who relies on the tourism industry here in Florida—and that’s pretty much all of us.”
Florida Wildlife Federation President Fuller added: “The DEP rules are ineffective, convoluted and never result in enforcement. Meanwhile, pollution of Florida's waterways continues to worsen.”
The EPA began working to set pollution limits for Florida in 2009—part of a settlement in a 2008 Clean Water Act suit filed by Earthjustice in the Northern District of Florida on behalf of the Florida Wildlife Federation, the Conservancy of Southwest Florida, the Environmental Confederation of Southwest Florida, St. John’s Riverkeeper, and the Sierra Club. The suit challenged the decade-long delay by the state and federal governments in setting limits for the pollution.
The public supports the EPA pollution limits. In response to a call for action, more than 40,000 citizens wrote the White House in 2012, urging the Obama administration to stand firm on imposing effective federal standards for Florida waters.
Legislation Could Threaten New Jersey’s Drinking Water
Pending legislation could weaken regulatory efforts to control chemicals in New Jersey’s drinking water, according to Public Employees for Environmental Responsibility (PEER). The state legislature will take up a bill to pack the Drinking Water Quality Institute (DWQI) with corporate members and specify precisely what type of scientific studies can be used for risk assessments on human health effects for chemicals.
Established in 1985 under the state’s Safe Drinking Water Quality Act, the 15-member DWQI determines the scientific basis for maximum contamination levels (MCLs) for chemicals in drinking water and makes recommendations to the state Department of Environmental Protection (DEP) to promulgate regulations setting drinking water standards. Under Governor Chris Christie, DWQI has become moribund. It last met in September 2010. At that meeting, its Health Effects Subcommittee recommended tighter levels for hexavalent chromium and perfluorooctanoic acid (PFOA). The DWQI and its subcommittees have not met since then.
DEP did not adopt the DWQI’s last recommendations. Previous DWQI recommendations on perchlorate (October 2005), radon-222 (February 2009) and a number of Hazardous Contaminants (March 2009) have also been ignored by DEP.
Despite this regulatory inaction, pending legislation (A2123, Burzichelli) would limit risk assessment only to certain types of studies, which would exclude much of the science now conducted on chemical effects. It limits regulatory reliance only to studies using “Good Laboratory Practices” (GLP) but New Jersey uses the same scientific methodology as the EPA and EPA does not exclude non-GLP studies; and GLP, as its name imply, refers to laboratory studies which excludes human epidemiology studies as well as many other studies of similar or superior scientific value. Epidemiological studies, in fact, are even more relevant for risk assessment than GLP studies.
According to New Jersey PEER Director Bill Wolfe, a former DEP analyst, “This legislative gambit is part of a broader, national effort to hamstring public health agencies from addressing a widening chemical footprint in our air, soil and water.” He added, “This legislation has nothing to do with good science.”
Automotive Electronics Manufacturer Fined for Selling Illegal Devices Resulting in Excess Emissions
Diesel trucks that are not equipped with emission controls known as “diesel particulate filters” emit excess particulate matter (PM). When running, trucks without these types of controls leave behind a trail of dark, black smoke. PM is associated with a number of health problems, including respiratory and cardiovascular disease, chronic bronchitis, decreased lung function, and an increased risk of lung cancer.
The company, located in Ogden, Utah, sold more than 9,000 of these electronic devices nationwide, resulting in an estimated 158 tons of excess PM emissions released into the atmosphere. This is equivalent to the emissions from 422 new long-haul semi trucks operating for a period of 29 years.
“The Department of Justice will continue to vigilantly protect America’s health and environment through the enforcement of the Clean Air Act standards governing emissions from vehicles and engines,” said Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “This settlement holds Edge Products accountable for selling devices that allow consumers to disable the emission controls on their vehicles by requiring the company to pay a penalty, buy back the devices, and perform a project to offset the air pollution resulting from the Clean Air Act violations.”
“Our goal is to have these illegal devices removed and proper emission controls installed,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Allowing black smoke to billow conspicuously from the tailpipes of diesel pickup trucks is a practice that directly harms public health.”
Diesel particulate filters remove approximately 90% of the particulate matter emissions from a truck’s exhaust. If the filter is removed, the truck will generally not operate properly as the filter is monitored by the truck’s computer. However, the electronic devices sold by Edge allowed individuals to reprogram the truck’s computer so that the truck would continue to operate even after the filter had been removed.
Although Edge stopped selling the illegal devices in mid-2011, the consent decree requires Edge to offer to buy back the devices from anyone who possesses one. In order to sell the device back to Edge, the truck from which the device came must be returned to its original factory programming. Edge is also required to spend at least $157,600 to implement an emission mitigation project to offset the excess PM emissions that it caused. Edge will use the additional funds to offer rebates to individuals who own old wood-burning stoves and who wish to replace them with cleaner burning appliances such as new pellet stoves or EPA-certified wood stoves.
The civil penalty of $500,000 is based on the United States’ determination that Edge has a limited ability to pay a penalty in this matter.
The consent decree resolves allegations in a complaint, filed recently, that Edge violated the Clean Air Act by manufacturing and selling motor vehicle parts or components whose effect is to bypass, defeat, or render inoperative a motor vehicles emission control device.
Foster Enterprises Fined $300,000 for Violating California Air Quality Laws
The San Bernardino County Superior Court has fined Foster Enterprises, an Ontario-based refrigerated transportation and cold storage business, $300,000 after an Air Resources Board investigation revealed that the company failed to upgrade older diesel engines in its refrigerated trailer fleet as required to meet current emissions standards.
The case is noteworthy in that it resulted in the first court-imposed fine issued under ARB’s 2004 Transport Refrigeration Unit (TRU) regulation. The company owners will pay $200,000 and the balance of the fine will be stayed, as long as they comply with the terms in the judgment handed down by the San Bernardino County Superior Court, and keep their fleet updated as required. The company is not connected to Foster Farms.
“All business owners should pay attention to this case,” said ARB Enforcement Chief Jim Ryden. “This company actually had to pay twice—once to comply with the law, and then again as a penalty. Had the owners complied originally, they would have saved us and themselves significant time and money, and helped to keep a level playing field for their colleagues and competitors.”
Although the diesel engines powering “reefer” units on trucks and trailers are relatively small, large numbers of these engines congregate at distribution centers, truck stops and other facilities, resulting in the potential for health risks to those that live and work nearby.
California’s TRU regulation, adopted in 2004, gave fleet owners several years to plan for compliance before enforcement began. Fleet owners now need to gradually replace or retrofit their reefer engines, beginning with those dating from 2002 and earlier. Most companies have invested substantial resources to follow the rules. Foster Enterprises, which is located near a school and residential area, continued to operate reefers powered by engines from the 1980s and 1990s. The majority of Foster’s TRU fleet—32 units—were out of compliance on the first day of 2010.
The ARB originally offered to settle the case for much less than the ultimate penalty. Because the company refused and continued to operate the high-polluting TRUs, ARB referred the matter to the Attorney General for prosecution. Finally, months after the deadline and in order to avoid a trial, the business owners sold their non-compliant units and leased cleaner TRU trailers, about 18 months later than their competitors.
Diesel exhaust contains a variety of harmful gases and over 40 other known cancer-causing compounds. In 1998, California identified diesel particulate matter as a toxic air contaminant based on its potential to cause cancer, premature death and other health problems.
Anderson Environmental Contracting Pays $2,084 Penalty For Hazardous Waste Violations
Kelso, Washington-based Anderson Environmental Contracting, LLC, has paid a $2,084 Oregon Department of Environmental Quality (DEQ) penalty for improperly identifying and managing hazardous waste dry cleaning solvent residues it generated during cleanup of the Alsco Linens site in north Portland in January 2012.
On January 25, 2012, the company removed about 500 lb of spent carbon contaminated with tetrachloroethylene dry cleaning solvent recovered from the soil vapor extraction system at the site. The company transported the waste to Hillsboro Landfill, where it was disposed of as a non-hazardous solid waste. These tetrachloroethylene residues are classified as hazardous and must be disposed of at a certified hazardous waste disposal facility. Anderson Environmental Contracting indicated in its paperwork to Hillsboro Landfill that the waste was not hazardous and was not generated at a cleanup site.
DEQ issued the penalty to Anderson Environmental because properly identifying and disposing of hazardous wastes is central to managing these wastes so they pose no environmental or public health harm. Chlorinated solvents, such as the contaminants in this case, can be discovered in well water, and typical solid waste landfills aren’t designed to secure them. Accurately determining and reporting wastes to the destination disposal facility is expected of all hazardous waste generators and especially of environmental professionals managing a site contaminated with dry cleaning solvents known to be hazardous waste when disposed.
DEQ also cited Anderson Environmental Contracting for failing to prepare a hazardous waste manifest when generating and transporting wastes generated from the Alsco Linens site, but did not assess a penalty for the violation. In investigating the transport of the waste to the landfill, DEQ determined that Waste Management and Hillsboro Landfill followed their waste acceptance procedures and were given inaccurate information about the waste materials. In addition, due to the small amount of waste disposed, DEQ will not require Waste Management to excavate and remove the hazardous waste from the landfill.
In assessing the final penalty amount, DEQ factored in Anderson Environmental Contracting’s cooperation and efforts to improve its procedures for properly identifying hazardous wastes in the future.
MassDEP Penalizes Yankee Environmental Services of Billerica $35,625 for Asbestos Violations
The Massachusetts Department of Environmental Protection (MassDEP) has penalized Yankee Environmental Services $35,625 for asbestos violations that occurred during an asbestos removal project on a structure located at 278 Babcock Street in Boston. Yankee Environmental is a Massachusetts-licensed asbestos contractor with an office at 29 Esquire Road in Billerica.
On July 26, 2012, Yankee Environmental notified MassDEP of its plans to conduct asbestos removal on the interior and exterior of 278 Babcock Street. On September 9, 2012, Yankee Environmental reported that the asbestos work area containment had been breached due to high winds in the area. On September 10, 2012, MassDEP performed an inspection of the site and determined that workers had improperly removed and handled asbestos-containing materials. MassDEP also determined that work conducted at the site was creating visible emissions to surrounding air due to improper operation of air-cleaning machines and breaches in the asbestos-containment area.
"The failure to fully implement proper asbestos removal procedures by this licensed asbestos abatement contractor presented an unacceptable risk to residents and workers," said Eric Worrall, director of MassDEP's Northeast Regional Office in Wilmington.
As a result of the violations observed by MassDEP, Yankee Environmental will pay $20,000 of the penalty and the remaining $15,625 will be suspended, provided Yankee complies with the asbestos regulations for the next year.
Minnesota Company Assessed $6,000 Penalty for Failing to Meet Oil Spill Cleanup Requirements
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $6,000 penalty to Consumer Solutions REO, LLC, of Minnesota, for failing to perform waste site cleanup actions at the residential property located at 25 Myrtle Street in Millis. An estimated 100 gallons of fuel oil spilled into the basement and through cracks in the floor to underlying soil due to vandalism of an indoor tank and piping.
The spill was discovered in May 2009 by the Middlesex County Sheriff's Department, which was delivering an eviction notice to site. Upon notification to MassDEP, the agent for Consumer Solutions, David Oliveri of Prudential Lenmar Realty, was required to immediately clean up the oil in the basement and sample indoor air, the residential drinking water well, and surface water from the Charles River, located approximately 40 feet from the home.
Following remediation of the spill, a cleanup closure report was submitted to MassDEP in May 2010. After audit of the closure report, MassDEP found that the cleanup requirements had not been followed, and potential exposure to contamination had not been evaluated. A consent order assessed the $6,000 penalty, and following additional assessment of soil, drinking water, and indoor air. Consumer Solutions has submitted a revised cleanup closure report that meets all of MassDEP's requirements.
"Residences are particularly sensitive, with more stringent cleanup requirements to ensure a safe living environment," said Lee Dillard Adams, director of MassDEP's Central Regional Office in Worcester. "Consumer Solutions has rectified the earlier shortcomings of the clean up."
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Trivia Question of the Week
The Natural Resources Defense Council tested 1,000 of what item and found that 20% of them contained possible carcinogens and neurotoxins?
a. Water bottles
b. Television remote controls
c. Milk cartons
d. Organic grocery bags