The updates will phase in emission control deadlines, starting with higher-emitting tanks first, and will provide the time needed to ramp up the production and installation of controls. EPA is making the changes based on information received after the 2012 standards were issued that shows more storage tanks will come online than the agency originally estimated.
The recent rule establishes two emission control deadlines:
- Tanks that come online after April 12, 2013, are likely to have higher emissions and must control VOC emissions within 60 days or by April 15, 2014, whichever is later
- Tanks that came online before April 12, 2013, are likely to have lower emissions and must control VOC emissions by April 15, 2015
The updated standards also establish an alternative emissions limit that would allow owners/operators to remove controls from tanks if they can demonstrate that the tanks emit less than 4 tons per year of VOC emissions without controls. In addition, the rule streamlines compliance and monitoring requirements for tanks that have already installed controls.
The oil and natural gas industry uses tanks for temporary storage of crude oil, condensate, and other liquids, before those liquids are moved to a pipeline, sold, or moved for disposal. These storage tanks can be sources of emissions of ozone-forming VOCs, along with several toxic air pollutants, including benzene. The final action does not affect the April 2012 standards for capturing natural gas from hydraulically fractured wells.
The recent updates respond to petitions for reconsideration of the 2012 New Source Performance Standards for Oil and Natural Gas Production. Those cost-effective standards rely on proven technologies and best practices to reduce emissions of ozone-forming VOCs and air toxics, including benzene and hexane. Exposure to ozone is linked a variety of health effects, including aggravated asthma, reduced lung function, and increased susceptibility to respiratory infections, in addition to increased risk of premature death from heart or lung disease. Benzene and hexane are air toxics, which can cause cancer and other serious health effects.
Houston RCRA and DOT Training
Charlotte RCRA, DOT, and Stormwater Training
Nashville 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.
Area Source Boiler Q&A Document Posted
EPA Region I, in coordination with EPA HQ and the other EPA Regional Offices, developed a Q&A document for the Area Source Boiler NESHAP.
EPA Finalizes 2013 Renewable Fuel Standards
Most of these fuels are produced by American farmers and growers domestically and help reduce the carbon pollution that contributes to climate change.
This standard specifically requires:
- Biomass-based diesel (1.28 billion gallons; 1.13%)
- Advanced biofuels (2.75 billion gallons; 1.62%)
- Cellulosic biofuels (6.00 million gallons; 0.004%)
These standards reflect EPA’s updated production projections, which are informed by extensive engagement with industry and a thorough assessment of the biofuels market.
During this rulemaking, EPA received comments from a number of stakeholders concerning the “E10 blend wall.” Projected to occur in 2014, the “E10 blend wall” refers to the difficulty in incorporating ethanol into the fuel supply at volumes exceeding those achieved by the sale of nearly all gasoline as E10. Most gasoline sold in the US today is E10. In the rule issued recently, EPA is announcing that it will propose to use flexibilities in the RFS statute to reduce both the advanced biofuel and total renewable volumes in the forthcoming 2014 RFS volume requirement proposal.
EPA is also providing greater lead time and flexibility in complying with the 2013 volume requirements by extending the deadline to comply with the 2013 standards by four months, to June 30, 2014.
A January 2013 ruling by the US Court of Appeals required the agency to reevaluate projections for cellulosic biofuel to reflect market conditions; the final 2013 standard for cellulosic biofuel announced recently was developed in a manner consistent with the approach outlined in that ruling.
The Energy Independence and Security Act (EISA) established the RFS program and the annual renewable fuel volume targets, which steadily increase to an overall level of 36 billion gallons in 2022. To achieve these volumes, EPA calculates a percentage-based standard for the following year. Based on the standard, each refiner and importer determines the minimum volume of renewable fuel that it must ensure is used in its transportation fuel.
EPA Screens More Than 66,000 Contaminated Sites for Renewable Energy Potential
“We see responsible renewable energy development on contaminated lands and landfills as a win-win-win for the nation, local communities, and the environment,” said Mathy Stanislaus, assistant administrator for the Office of Solid Waste and Emergency Response. “In President Obama’s Climate Action Plan, the administration set a goal to double renewable electricity generation by 2020. By identifying the renewable energy potential of contaminated sites across the country, these screening results are a good step toward meeting national renewable energy goals in order to address climate change, while also cleaning up and revitalizing contaminated lands in our communities.”
Pulling from EPA databases of potentially and formerly contaminated lands, as well as partnering with state agencies from California, Hawaii, Oregon, Pennsylvania, New Jersey, New York, West Virginia, and Virginia, the RE-Powering Initiative expanded the universe of sites from 24,000 to more than 66,000 sites. Working in collaboration with the US Department of Energy’s National Renewable Energy Laboratory (NREL), RE-Powering developed screening criteria for solar, wind, biomass, and geothermal potential at various levels of development. The sites are tracked by EPA and selected state agencies.
The updated screening provides insight into the significant potential for renewable energy generation on contaminated lands and landfills nationwide. For solar energy alone, EPA identified over 10,000 contaminated sites with the potential to install a 300-kilowatt solar array or greater. Based on mapped acreage, these sites could cumulatively host solar energy systems that capture greater than 30 times more solar energy than all renewable energy systems operating in the United States today.
The RE-Powering Initiative supports the transformation of liabilities into assets for surrounding communities. Since RE-Powering’s inception, more than 70 renewable energy projects have been installed on contaminated lands or landfills. These early projects represent just over 200 MW of installed capacity, which could power approximately 30,000 homes, and provide a foundation for future development as demonstrations of the latest technologies in both renewable energy and remediation design.
In 2013, RE-Powering America’s Land Initiative was recognized as one of the Top 25 Innovations in American Government by Harvard University. This award program is one of the nation’s most prestigious and highlights exemplary models of government innovation and efforts to address the nation’s most pressing public concerns.
Climate Change Report Documents Growing Impacts on California’s Environment
The indicators highlighted in the report show that climate change is occurring throughout California, from the Pacific Coast to the Central Valley to the Sierra Nevada Mountains. Impacts of a warmer climate include decreasing spring snowmelt runoff, rising sea levels along the California coast, shrinking glaciers, increasing wildfires, warming lakes and ocean waters, and the gradual migration of many plants and animals to higher elevations.
“Whether you live in California, Texas, or Timbuktu, climate change is real, and it’s long past time for action,” said Governor Edmund G. Brown Jr.
“The combined impact described by these indicators is dramatic,” said California Environmental Protection Agency (Cal/EPA) Secretary Matthew Rodriquez. “This report underscores the need for California to continue to lead the fight against global warming and protect both our environment and our economy for future generations.”
Cal/EPA’s Office of Environmental Health Hazard Assessment (OEHHA) compiled the 36 indicators of climate change, drawing upon monitoring data from throughout the state and a wide variety of research studies carried out by state and federal agencies, universities, and research institutions.
“Together, these indicators paint a disturbing picture of how climate change is affecting our state and its growing threats to our future,” said OEHHA Director Dr. George Alexeeff. “This report demonstrates the value of California’s extensive research and monitoring efforts in continuing to track as many of these changes as possible.”
One of the report’s more hopeful findings is that California’s industries are becoming more energy efficient, with emissions of greenhouse gases declining per $1,000 of economic output, a sign that the state’s efforts to reduce emissions are having positive effects. Yet the state’s overall emissions of heat-trapping gases increased between 1990 and 2011, and atmospheric concentrations of carbon dioxide and methane continue to rise.
Key findings of the report include:
- Temperatures: The state’s high, low and average temperatures are all rising, and extreme heat events also have increased in duration and frequency. The rate of warming has accelerated since the mid-1970s, and night time (minimum) temperatures have increased almost twice as fast as maximum (daytime) temperatures.
- Wildfires: The number of acres burned by wildfires has been increasing since 1950. The size, severity, duration and frequency of wildfires are greatly influenced by climate. The three largest fire years on record in California occurred in the last decade, and annual acreage burned since 2000 is almost twice that for the 1950-2000 period.
- Water: Spring snowmelt runoff has decreased, indicating warmer winter temperatures and more precipitation falling as rain rather than snow. Earlier and decreased runoff can reduce water supplies, even when overall rainfall remains the same. This trend could mean less water available for agriculture, the environment and a growing population.
- Coast and Ocean: A number of indicators reflect physical and biological changes in the ocean, impacting a range of marine species, including sea lions, seabirds and salmon. And data for Monterey Bay shows increased carbon dioxide levels in coastal waters, which can harm shell-forming organisms and have impacts throughout the marine food chain.
- Species Migration: Certain plants and animals have responded to habitat changes influenced by warming. For example, conifer forests in the Sierra Nevada have been moving upslope and certain small mammals in Yosemite National Park have moved to higher elevations compared to the early 1900s.
California is one of the first states in the nation to compile its own set of indicators characterizing the multiple facets of climate change. While most reports on climate change present future scenarios or projections, this report provides a retrospective account of impacts from climate change that have already occurred.
The report updates and expands on the climate change indicators report released in 2009. Most of the indicators in the current report were initially covered in the 2009 report. A related report, produced in 2010, presented indicators of the disproportionate impacts of climate change on disadvantaged California communities. Both reports serve to inform efforts by State agencies to understand and lessen the impacts of climate change in California.
The climate indicators reports are part of OEHHA’s Environmental Protection Indicators for California (EPIC) Program, which was created in 2000 and established a process for selecting indicators to track the health of the state’s environment.
American Chemical Society Launches Sustainable Water Toolkit
With 163,000 members, ACS is the world’s largest scientific society.
The video points out that people around the world are facing shortages of clean water. At least 80 countries already have water shortages that threaten human health and economic activity. Almost 1 billion people lack reliable access to clean drinking water. And the situation may worsen with population growth and global climate change.
“Water is going to be this century’s oil,” says Hessy Taft, who narrates the video. “We really need to do something. Business as usual cannot continue. We need to try to find solutions.”
Taft, who is at St. John’s University, states that an expanding world population, an aging infrastructure and severe climate change are causing global and national water challenges. The video focuses on possible solutions to the water sustainability crisis, including conservation, desalinating salty water, and recycling and reusing water from municipal sewage treatment plants.
The website’s resources include links to ACS press releases; Congressional briefings; news articles published in Chemical & Engineering News, the ACS’ weekly newsmagazine; videos; podcasts; and social media posts on Twitter and blogs.
Water sustainability is one of four such toolkits now available online. Journalists covering some of the great global challenges of the 21st century and federal funding of research and development (R&D) can find videos and scores of other resources on websites that the ACS has prepared on those topics:
The toolkits address the science of global climate science, finding sustainable sources of energy, the quest for a sustainable supply of fresh water and federal R&D funding.
Pennsylvania DEP Finalizes Air Quality Permit Criteria for Unconventional Gas Well Sites
The Department of Environmental Protection announced recently that operators of unconventional gas wells will no longer be unconditionally exempt from seeking an air quality plan approval for well sites. Plan approval authorizes the construction and temporary operation of air emissions sources.
Revised technical guidance, released by DEP recently, explains that the agency may grant such operators a permitting exemption, provided that they implement controls and practices more stringent than federal rules.
DEP has submitted a formal notice announcing the change for publication in this week’s edition of the Pennsylvania Bulletin.
“Governor Corbett’s continued leadership on energy and environmental issues has put Pennsylvania in a unique position—air quality has improved over the past few years at the same time the state’s energy portfolio continues to expand the development and use of natural gas,” DEP Acting Secretary Chris Abruzzo said.
“We fully expect both of those trends to continue, and this strategy builds on existing federal requirements by continuing to set the high, but fair, bar we have come to expect,” Abruzzo added.
In April 2012, EPA announced, for the first time, national air quality rules for oil and gas sites.
Earlier this year, Pennsylvania’s DEP announced it was proposing to amend technical guidance detailing which emissions sources would not be required to obtain air quality plan approvals from the state. Oil and gas well sites in Pennsylvania had been granted blanket exemptions from obtaining approvals since 1996.
The final revised guidance affords each operator the choice between seeking an air quality plan approval from DEP, or demonstrating and implementing controls and practices more stringent than the federal rules.
The DEP guidance includes practices such as a leak detection and repair program for the entire well pad and facility, rather than just the storage vessels as required by federal rules. Any leaks must be repaired within 15 days unless the operator shuts the site down or is in the process of acquiring replacement parts. Emissions of volatile organic compounds and hazardous air pollutants must also be controlled beyond levels required by the federal rules. DEP’s guidance also requires that emissions of nitrogen oxides be less than 100 lb. per hour, half a ton per day and 6.6 tons per year; the federal rules do not address or limit such emissions.
Finally, while both the federal rules and the state’s guidance allow for flaring (with the EPA requiring green completions at all wells by January 1, 2015), open flaring is only allowed by the state on a short-term or emergency basis. Flaring used as emission control on storage vessels must be enclosed, resulting in reductions of volatile organic compounds and hazardous air pollutants. Such enclosed flares have been demonstrated to achieve up to 99.9% elimination of such pollutants.
DEP accepted comments on the proposed revision to its Air Quality Permit Exemption List from February through May 2011 and again from Feb. 2 through March 19, 2013 for a second revised version. More than 650 people commented on the proposed criteria.
The exemption criteria build on an existing and continually improving regulatory environment to ensure natural gas drilling happens responsibly. Earlier this year, DEP announced a revised general permit for compressor stations and gas processing facilities that included significantly lower allowable emission limits.
DEP has also conducted three short-term ambient air quality sampling studies in various drilling regions of the state, detecting no levels of any pollutant that would violate federal ambient air quality standards. A one-year, long-term study is underway in Washington County to further gather data regarding long-term exposure.
A recent DEP emissions inventory submitted to EPA in December 2012, showed significant sulfur dioxide emissions in Pennsylvania between 2008 and 2011. These reductions, which are due to the deactivation of certain sources, the installation of control technology on remaining sources and the switch to natural gas, have represented between $14 and $37 billion of annual public health benefit, based on EPA methodologies. The inventory, which for the first time included unconventional gas operations, also showed significant reductions in nitrogen oxide, carbon monoxide, volatile organic compounds, and particulate matter during that same time period.
Maralex Disposal to Pay $89,900 Penalty to Resolve Safe Drinking Water Act Violations
EPA recently announced that Maralex Disposal, LLC, (Maralex) has been found liable for violations of the Safe Drinking Water Act at its commercial brine disposal injection well in La Plata County, Colorado, on the Southern Ute Reservation. Maralex was assessed a penalty of $89,900.
These violations, which include failure to maintain mechanical integrity of the well, failure to monitor as required, and inaccurate reporting, were discovered through EPA inspections and reports received from the company.
On May 5, 2010, EPA inspected the Maralex injection well and observed excess annulus pressure, indicating a problem with the well’s mechanical integrity and the likelihood of a leak in the system. A follow up inspection on May 26 again indicated excess pressure. EPA issued a Notice of Violation and instructed Maralex to submit a work plan to fix the violations. Although a letter from the company, dated July 8, 2010, described the potential for a leak and steps the company would take to repair the well, an EPA inspection in April 2011 discovered that the disposal well, although still in operation, had not been repaired as described. EPA subsequently issued a second NOV and ordered the company to shut down the well until repairs were complete. Maralex completed the repairs and conducted a successful mechanical integrity test on May 24, 2011, at which time EPA authorized the company to resume injection into the well.
“Companies that dispose of production wastes into the subsurface are responsible for taking steps to ensure injection wells are not leaking,” said Mike Gaydosh, director of EPA’s enforcement program in Denver. “Compliance with these monitoring and mechanical integrity requirements minimizes the risk of waste fluids moving into aquifers and prevents the contamination of drinking water sources.”
The EPA-issued UIC permit authorizes Maralex to inject produced water into Dara Ferguson Well #1, which disposes over 60,000 barrels of waste fluids monthly to a designated injection zone. These fluids contain high concentrations of saline produced water, benzene, toluene, ethylbenzene, and xylene.
Compliance with UIC permit requirements protects overlying aquifers from contamination.
Groundwater contamination, especially brine, is often very difficult or not possible to address and can destroy underground sources of drinking water. Routine monitoring and the maintenance of mechanical integrity in waste disposal wells are critical requirements of EPA’s UIC regulations.
Port of Tacoma Settles with EPA, Department of Justice for Damaging Wetlands
The Port of Tacoma and two contractors have agreed to pay a $500,000 penalty and restore wetland habitat at an estimated cost of over $3 million to compensate for alleged violations of the Clean Water Act that damaged valuable Puget Sound wetlands, according to a settlement with EPA and the US Department of Justice. The proposed settlement has been filed with the court and the public will have 30 days to provide comments, which the court will consider before the settlement is approved.
In 2008, EPA and the US Army Corps of Engineers discovered that the Port of Tacoma hired a contractor to raze vegetation and destroyed more than four acres of wetlands in Hylebos Marsh, an area that provided important wildlife habitat and enhanced Puget Sound water quality. The contractor performed the work at the direction of the Port of Tacoma, which had been working to eradicate vineyard snails from Hylebos Marsh with guidance from the US Department of Agriculture. An order from USDA stated that plowing and grading to deal with the invasive snail species was acceptable in non-wetland areas only.
At the time EPA and the Army Corps discovered the destroyed wetlands at Hylebos Marsh, the Port also disclosed that in 2006 it directed a contractor to dump over 4,000 cubic yards of urban fill materials—including soil, concrete and asphalt pieces—into nearly two acres of wetlands in an area called EB-1B, located east of Hylebos Marsh.
The Clean Water Act prohibits discharge of pollutants to the waters of the United States, including certain wetlands, except as authorized by a permit. The Port of Tacoma did not have required Clean Water Act permits to conduct work in the wetlands.
"We can’t afford to lose Puget Sound wetlands, especially where they are so scarce. Wetlands provide important water quality protection for Puget Sound and valuable habitat for fish and resident birds," said Dennis McLerran, Regional Administrator for EPA Region 10. "The permitting process exists to allow responsible development that also protects the environment."
Wetland and stream ecosystems play a critical role in Puget Sound water quality by breaking down and processing pollution flowing from upland areas. In addition, wetlands help prevent flooding in communities near Puget Sound and provide important habitat for fish and wildlife species, including endangered salmon species, migratory and resident birds, and small mammals.
Wetlands are particularly important in urban landscapes because they trap, store, and slowly release surface water runoff, precipitation, groundwater, and flood water. In doing so, they filter polluted runoff from pavement and buildings before it reaches waterways.
The wetlands impacted by the unpermitted activity were located adjacent to Commencement Bay, a waterway that has undergone a major EPA Superfund cleanup and an area that has lost most of its historic streams and wetlands.
The Port of Tacoma has agreed to spend an estimated $3 million on restoration projects. This work will restore wetlands on nearly ten acres of Port property, including stream ecosystem restoration and enhancements on nearby Upper Clear Creek where the Port will restore or improve a total of 28 acres of wetlands as part of a larger project. The restoration will protect Puget Sound water quality by restoring wetland functions, including breakdown and storage of harmful levels of nutrients and contaminants, and soil stabilization. The work will also restore habitat for birds, small mammals and fish. The first restoration project is scheduled to begin in August 2013.
The contractors associated with the settlement are Scarsella Brothers, Inc. and WAKA Group, Inc.
Connecticut Company Pays Fine for Hazardous Waste Violations
The owner of Meriden Enterprise Center has agreed to pay a penalty of $52,500 to settle EPA claims that it violated federal regulations covering the disposal requirements for polychlorinated biphenyls (PCBs).
290 Pratt Street, LLC, owns the Meriden Enterprise Center facility in Meriden, Connecticut. EPA alleges that in June 2010, PCBs were discovered to have leaked from transformers and to have contaminated soil and concrete areas at the Meriden Enterprise Center. Under the terms of the agreement, 290 Pratt Street, LLC, will promptly complete any remaining PCB cleanup requirements.
PCBs are persistent in the environment and are suspected carcinogens. Exposure to PCBs can cause effects on the immune system, the reproductive system, the nervous system, and the endocrine system.
Worcester Resident Penalized $4,000, Required to Correct Wetlands Protection Act Violations
The Massachusetts Department of Environmental Protection (MassDEP) has issued a $4,000 penalty against Jayson M. LaBouef of Sears Island Drive in Worcester to correct violations of the Wetlands Protection Act that occurred during construction activities on and adjacent to his property along Indian Lake.
During an April 4, 2012, site inspection, MassDEP staff observed that dredged spoils from Indian Lake were re-deposited on the banks of the lake and also partially within adjacent Bordering Vegetated Wetlands (BVW), in violation of state law. In all, approximately 6,500 square feet of lake-bottom was altered, approximately 80 linear feet of bank was filled in, and 1,000 square feet of BVW were filled in. Mr. LaBouef did not seek approval from the local Conservation Commission for work within a wetland resource area. Two permanent docks within Indian Lake had also been constructed without a valid permit.
MassDEP issued an order requiring that all activities taking place in violation of the Wetlands Protection Act stop, and a wetlands specialist be retained to prepare a wetlands restoration plan for approval by MassDEP. The requirements of that order have since been completed.
The order requires the owner to implement the approved restoration plan; apply for, and comply with any requirements of a Chapter 91 license for the docks constructed in Indian Lake; monitor the restored wetlands for two years; and submit reports as outlined in the order to document re-vegetation of the area.
"Residents that live adjacent to wetland resource areas need to work with their local conservation commissions before beginning any work to assure that they comply with the requirements of the Wetlands Protection Act," said Lee Dillard Adams, director of MassDEP's Central Regional Office in Worcester. "These requirements are in place to ensure that our wetland resources are conserved, and the benefits they provide in terms of habitat and water resources are sustained."
MassDEP is responsible for ensuring clean air and water, safe management and recycling of solid and hazardous wastes, timely cleanup of hazardous waste sites and spills, and the preservation of wetlands and coastal resources.
Judge Orders Commercial Property Owner to Pay $25,000 Fine for Failing to Complete Cleanup
A Suffolk Superior Court judge ordered the owner of a commercial property in Falmouth to pay a $25,000 fine for failing to complete the environmental cleanup of an estimated 100 gallons of heating oil that was released at 847 Main Street dating back to November 1, 1999. Falmouth resident Gordon Lauzon had ignored orders issued by the Massachusetts Department of Environmental Protection (MassDEP) that required him to complete the assessment and cleanup work at the property in the years prior to February of 2008.
"Ignoring legal responsibility for cleaning up reportable releases of oil or hazardous material is potentially more damaging to the environment, and makes it more costly in the long run," said Phil Weinberg, director of MassDEP's Southeast Regional Office in Lakeville. "Responsible parties need to recognize that pollution impacts others through soil and groundwater, and that the Commonwealth will aggressively pursue those who try to ignore or evade this responsibility."
Initial cleanup actions, which included excavation and disposal of approximately 30 tons of contaminated soil and 1,000 gallons of oil-contaminated groundwater, were conducted at the time of the initial release. However, these activities were not sufficient to document that the entire oil spill had been fully assessed and remediated. Later, Lauzon filed documentation that committed to completing the work at the site in a timely manner. Lauzon failed to conduct those required response actions.
Under the settlement, Lauzon must pay the $25,000 penalty to the Commonwealth for ignoring MassDEP's cleanup order and for violating the Massachusetts Oil and Hazardous Material Release Prevention and Response Act. In addition, the settlement requires Lauzon to complete the assessment and cleanup work required by state law.
The Office of Attorney General Martha Coakley helped to bring this case to settlement, along with staffers from MassDEP's Lakeville office, Deputy Regional Director Millie Garcia-Serrano, Environmental Analyst John Handrahan, and Senior Regional Counsel Rebecca Tobin.
Shipping Corporation Convicted in Magic Pipe Case
Diana Shipping Services S.A., a Panamanian corporation headquartered in Greece, Ioannis Prokakis and Antonios Boumpoutelos, both citizens of Greece, were convicted after a 12-day bench trial on charges related to the illegal discharge of waste oil and oil-contaminated waste water from the M/V Thetis, a cargo vessel operated by Diana Shipping Services, announced Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division, Neil H. MacBride, US Attorney for the Eastern District of Virginia, Otis E. Harris, Jr., Special Agent in Charge, Coast Guard Investigative Service, Chesapeake Region, and David G. McLeod, Jr., Special Agent in Charge of EPA’s criminal enforcement program for the Middle Atlantic States.
All the defendants were convicted of conspiracy, knowing failure to fully maintain an oil record book, falsification of records and concealing tangible objects in a federal investigation. In addition, Prokakis was also convicted of obstruction of justice for ordering crewmembers to lie to US Coast Guard inspectors on board the ship. The guilty verdicts were handed down by US District Judge Mark S. Davis of the Eastern District of Virginia.
“The pollution of our oceans, the falsification of environmental records, and lying to the US Coast Guard are serious crimes,” said Acting Assistant Attorney General Dreher. “Companies and individuals that intentionally attempt to cover up these crimes and obstruct US Coast Guard investigations will be prosecuted to the fullest extent of the law.”
“These defendants not only violated the law when they illegally discharged contaminated waste into our waters, but then conspired to cover up their nefarious conduct,” said United States Attorney Neil H. MacBride. “Those who choose to continue to violate the law, even after being confronted, will find themselves in the same, serious trouble as these defendants.”
“The Coast Guard protects not only the environment of our nation, but the world’s,” said Capt. John Little, Commander of Coast Guard Sector Hampton Roads. “Our Port State Control Teams board thousands of vessels annually to ensure compliance with US law, regulations, and international treaties on pollution prevention. This case affirms the strength of our partnerships with the Department of Justice, the US Attorney’s Office and our Coast Guard Investigative Service in holding accountable those vessel operators who deliberately discharge oil and falsify ship records.”
“The oceans must be protected from shipping companies that cut corners and dump waste improperly,” said David G. McLeod, Jr., Special Agent in Charge of EPA’s criminal enforcement program for the Middle Atlantic States. “The defendants conspired to discharge oily waste from the M/V Thetis into the open water, falsified the ship’s record books and attempted to thwart the investigation. Today's guilty verdict should send a clear message that our collaborative efforts will lead to the vigorous prosecution of those who despoil our oceans and violate our nation’s environmental laws.”
Diana Shipping Services, S.A. faces a maximum fine of $5.5 million and five years of probation. Prokakis and Boumpoutelos face a maximum sentence of five years for the conspiracy conviction, six years per failure to maintain an oil record book conviction, and 20 years per falsification of record conviction. Prokakis faces an additional five-year sentence for obstruction of justice. All three defendants will be sentenced on November 8, 2013.
Diana Shipping Services S.A., Prokakis, and Boumpoutelos, were indicted on May 22, 2013, in an 11-count superseding indictment alleging the illegal discharging of waste oil and oil-contaminated waste water in violation of the Act to Prevent Pollution from Ships. In September 2012, crewmembers of the M/V Thetis, a cargo vessel operated by Diana Shipping Services, reported that the vessel was discharging its bilge waste and sludge illegally by various means, including a “magic pipe” that bypassed the oily water separator. Coast Guard inspectors boarded the vessel when it entered port in Norfolk and discovered the “magic pipe” and that the oily water separator was non-functioning. The inspectors were also presented with an oil record book that contained false entries made by the ship’s Chief Engineer, Ioannis Prokakis and the Second Engineer Antonios Boumpoutelos. During the inspection, Prokakis lied to inspectors about the “magic pipe” and told other members of the engineering crew to not disclose its existence to the Coast Guard inspectors.
Federal Appeals Court Finds Los Angeles County Liable for Polluted Waterways
The lawsuit initiated by Natural Resources Defense Council and Los Angeles Waterkeeper in 2008 sought to hold the County responsible for documented violations of the Clean Water Act in the Los Angeles and San Gabriel Rivers since 2003, and act immediately to clean up the toxic mix of mercury, arsenic, cyanide, lead and fecal bacteria found in billions of gallons of stormwater runoff. The ruling comes after the case was remanded to the Ninth Circuit by the Supreme Court of the United States in January.
Following is a statement from Steve Fleischli, senior attorney and director of NRDC’s national water program:
“Today’s influential victory once again confirms Los Angeles County’s legacy of Clean Water Act violations,” said Steve Fleischli, director of NRDC’s water program. “No longer can the County sit idle and let persistent pollution problems sicken swimmers in Southern California. Today, Los Angeles residents and visitors alike can celebrate a future with cleaner water, knowing that the County is legally obligated to get to work to address its pollution problem, and protect people and water quality. Luckily, we know there are a range of green infrastructure solutions available to ensure this pollution is addressed.”
“This opinion is a turning point for all of Los Angeles. Stormwater runoff is the number one source of pollution in Los Angeles' rivers and beaches and LA County is the largest discharger of stormwater,” said Liz Crosson, executive director of Los Angeles Waterkeeper. “Holding LA County responsible for its pollution and working with them to find region-wide solutions is the biggest victory we could imagine.”
This ruling addresses Los Angeles-area stormwater pollution, which is created when rain mixes with debris, chemicals, dirt, and other pollutants and flows into storm sewer systems and then into local waterways. Anything that enters a storm sewer system is discharged, largely untreated, into the waterbodies people use for swimming, fishing, and recreation. Each year, billions of gallons of this untreated stormwater pollution are discharged into Los Angeles rivers and ultimately popular beaches, causing residents and tourists alike to become ill.
This pollution can be prevented through the development of green infrastructure solutions, such as on-site water capture and filtration. These techniques trap stormwater pollution at the source, rather than allow it to flow to sea untreated, and allow rainwater to be reused rather than wasted. Green infrastructure is not only good for public health and smart environmental policy, it will save money, increase water supplies, reduce flood risks, and clean up local beaches and rivers. The County has failed to implement effective pollution control.
Washington State Sending Millions to Cities, Counties to Fight Stormwater
The Washington Department of Ecology (Ecology) is sending millions of dollars across the state to help cities and counties curb the chief threat to urban waters—polluted stormwater runoff.
The funding helps the state’s most populated areas carry out their required stormwater permit programs. And it helps local governments to plan, build, and improve stormwater projects.
Here’s how the money is rolling out:
This is unspent money from previous stormwater grant funding programs. The money will be spent on retrofit or low impact development projects.
Retrofit projects correct deficiencies in older, existing stormwater infrastructure. Low impact development projects use vegetation, healthy soils, porous pavement, and other techniques to keep stormwater runoff on-site.
Also, Ecology’s operating budget is providing pass-through funding to stormwater permitted cities and counties in a municipal stormwater “capacity” grant program. In this, 117 cities and counties will each receive $50,000. Capacity grants help local governments run their stormwater programs.
New, $100 million stormwater program
The best news for cities and counties is that the 2013-15 state capital budget provides $100 million for stormwater improvements under a new funding account called the Environment Legacy Stewardship Account (ELSA). The fund was created by a one-time transfer of money from the state and local toxics accounts.
Of the $100 million:
- Ecology will spend $150,000 to develop and implement an ongoing, long-term competitive stormwater grant program to be implemented in September 2014. Under this, the state will provide $66 million for high-priority stormwater retrofit projects.
- Each of 117 cities and counties covered by municipal stormwater permits may accept up to $120,000 for stormwater project planning and design activities. Cities and counties who get this project-specific planning and design funding may then apply for additional funding for the construction projects in a competitive funding program Ecology will offer in September 2014. This is the first time the state has offered funds for stormwater pre-construction activities.
- $18.7 million is awarded for local stormwater projects as provisioned by state lawmakers
- Ecology will spend a small portion of the $100 million to cover its costs to run the funding programs.
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Trivia Question of the Week
The Clean Air Act was signed into law by what President?
a. Lyndon Johnson
b. Richard Nixon
c. Gerald Ford
d. Jimmy Carter