The phased-in, approach will address facilities like power plants and oil refineries that are responsible for 70%of the greenhouse gases from stationary sources that threaten American’s health and welfare.
“After extensive study, debate and hundreds of thousands of public comments, EPA has set common-sense thresholds for greenhouse gases that will spark clean technology innovation and protect small businesses and farms,” said EPA Administrator Lisa P. Jackson. “There is no denying our responsibility to protect the planet for our children and grandchildren. It’s long past time we unleashed our American ingenuity and started building the efficient, prosperous clean energy economy of the future.”
EPA’s phased-in approach will start in January 2011, when Clean Air Act permitting requirements for GHGs will kick in for large facilities that are already obtaining Clean Air Act permits for other pollutants. Those facilities will be required to include GHGs in their permit if they increase these emissions by at least 75,000 tons per year (tpy).
In July 2011, Clean Air Act permitting requirements will expand to cover all new facilities with GHG emissions of at least 100,000 tpy and modifications at existing facilities that would increase GHG emissions by at least 75,000 tpy. These permits must demonstrate the use of best available control technologies to minimize GHG emission increases when facilities are constructed or significantly modified.
Under the new emissions thresholds for GHGs that begin in July 2011, EPA estimates approximately 900 additional permitting actions covering new sources and modifications to existing sources would be subject to review each year. In addition, 550 sources will need to obtain operating permits for the first time because of their GHG emissions.
In April 2010, EPA set the first national GHG tailpipe standards for passenger cars and light trucks. When GHG emissions limits for these vehicles go into effect in January 2011, EPA is also required to address GHG emissions from stationary sources under the Clean Air Act’s permitting programs, which it is doing in this most recent plan.
The final rule addresses a group of six greenhouse gases: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6).
EPA issued a proposed rule in October 2009 and held a 60-day public comment period. The agency received about 450,000 comments, which were carefully reviewed and considered during the development of this final rule.
TRI-ME Web Application Available for TRI (Form R) Reports
This second version improves the internal administrative functions of TRI-MEweb, such as providing quick lists for Parent Company names in a standardized format; the ability to delete users that no longer work at a facility; providing quicker access to chemical reports for all facilities on a single Web page listed under a single CDX preparer account; and the ability to sort data tables.
Neither regulatory changes nor additional reporting requirements were added in this new release. EPA estimates that 95% of all reporting facilities will use TRI-MEweb to submit their TRI reports for RY 2009.
New Guidelines May Make it Easier to Share Information on Going Green
Choosing greener household cleaners, computers, and other consumer products could become as easy as reading a product’s label thanks to a movement under way to develop universal guidelines for determining whether chemical products and chemical processes are environmentally friendly.
C&EN Senior Correspondent Stephen Ritter notes that chemical companies are eager to produce greener products, but there are no standardized criteria for determining whether starting materials and chemical processes are environmentally friendly. Many green standards already exist, but they are usually issued by companies themselves, industry trade groups, or environment-focused nongovernmental organizations. The standards, however, tend to focus on only one or two product attributes, such as content of volatile organic compounds or % of recycled content, the article notes.
That may soon change as the American Chemical Society’s Green Chemistry Institute (GCI) spearheads an effort to create the “Greener Chemical Products & Processes Standard.” The comprehensive standard will provide comparative data to allow anyone to evaluate the relative environmental performance of chemical products and their manufacturing technologies. The diverse stakeholder group creating the standard hopes to have the plan finalized by the end of the year. The next step could be an information label, similar to nutrition information labels now used on foods, that manufacturers can apply to product packaging to describe the product’s eco-friendly attributes. For business-to-business markets and for consumers, this should make choosing “greener” products a lot easier.
Senators Kerry and Lieberman Introduce American Power Act
The bill seeks to reduce greenhouse gas emission through a nation-wide cap-and-trade program. It also contains investments in clean energy technology and provisions to encourage the creation of new green jobs.
Pharmaceutical Companies Provide EPA 100 Drugs to Help Predict Toxicity
These drugs never entered the marketplace because they demonstrated different types and levels of toxicity when the pharmaceutical companies conducted the early stage clinical trials required by the Food and Drug Administration as part of the drug development process. EPA researchers will quickly screen the drugs and then compare those results with the clinical trial results. Assessment of the similarities and differences in the results will improve EPA’s ability to screen chemicals for toxicity.
“For the first time, we’ll have both ToxCast screening data and results from toxicology studies and human clinical trials,” said Dr. Paul Anastas, EPA’s assistant administrator of the Office of Research and Development. “This is an important step in accessing the treasure trove of data that the pharmaceutical industry has in ways that helps protect human health and the environment.”
Because of the high cost and the long process of conducting chemical testing, only a small fraction of the thousands of available chemicals have been assessed for potential human health risk. EPA is using its ToxCast screening tool to help efficiently understand how chemicals may impact processes in the human body that could lead to adverse health effects. Currently, ToxCast includes 500 automated chemical screening tests that have assessed more than 300 environmental chemicals.
The clinical trial data will help EPA select the ToxCast screening tests and biological profiles that are the most predictive. The tests and profiles will be used as indicators of potential toxicity for future chemical screening. The ToxCast screening results will be available online for scientists and the interested public to use.
This collaboration was fostered by the International Life Sciences Health and Environmental Science Institute, a non-profit organization of international scientists representing academia, industry, regulatory agencies, and government institutions that come together to reach consensus on complex scientific questions. The organization adopted the inclusion of failed drug candidates into ToxCast as their emerging issue of 2009.
Business Owner Pleads Guilty to Felony Unlawful Disposal of Hazardous Waste
Robert Beam, 41, former owner of Chrome Doctor and Chrome Technology pled guilty in the 14th Judicial District Court to felony Unlawful Disposal of Hazardous Waste.
In November 2003, Beam was arrested for illegally disposing of hazardous waste at his abandoned chrome plating business, Chrome Doctor, located in Lake Charles. In March 2004, Beam was arrested a second time for illegally disposing of hazardous waste at Chrome Technology, his other chrome plating business in Lake Charles.
“Anyone participating in, or having knowledge of, any act of illegal disposal of hazardous waste will be held accountable for their actions,” said Peter Ricca, Manager of Radiological and Emergency Planning and Response at DEQ. “The eradication of the illegal disposal of hazardous waste is a top priority for DEQ, and we will continue to work diligently to bring these violators to justice.”
“We will not tolerate the intentional introduction of hazardous materials into the environment in Calcasieu Parish,” said District Attorney John DeRosier. “We will vigorously seek out and prosecute all offenders who would place our citizens at risk to make a larger profit.”
Beam was sentenced to pay over $72,000 in criminal fines, restitution and court costs. In addition, Beam was placed on probation for five years and sentenced to 30 days of community service. Beam was also barred for life from engaging in any operations relative to the chrome plating business or which requires a permit from DEQ.
The case was handled by DEQ-CID and by Calcasieu Parish District Attorney John DeRosier and Assistant District Attorney David Palay.
REC Silicon Fined for Violating Permit Limits for Small Particles
The Renewable Energy Corporation (REC) Solar Grade Silicon plant near Moses Lake will pay a fine of $14,000 for not meeting emission limits spelled out in the facility’s air quality permit and for violating state air quality standards.
On Aug. 21, 2009, REC conducted emissions testing on its process scrubber. The test results showed that REC violated its permit, and the state standard, and had been emitting more particulate matter than allowed.
Limiting particulate matter at industrial sites is important because the fine particles often carry toxic and carcinogenic materials. The particles remain suspended for long periods of time and travel significant distances. They can travel deep into people’s lungs and cause structural and chemical damage.
REC’s facility near Moses Lake produces silane gas and polysilicon rods, which are used by the solar power industry.
New York DEC Releases Plan to Put New York on a Path Beyond Waste
The plan sets forth a new approach for the state—a shift from focusing on “end of pipe” waste management to reducing waste from the start—that will help minimize waste, increase the use of materials that can be reused or recycled, reduce greenhouse gas emissions, and increase green jobs.
The proposed solid waste management framework seeks to bring municipalities, businesses and individuals together to significantly reduce the amount of materials destined for landfills and municipal waste combustion. By recycling, composting, preventing waste and maximizing reuse, waste would be reduced by 15%every two years—from approximately 14 million tons (as collected in 2008) to 2 million tons annually in 2018, the draft plan concludes.
“More and more, society is recognizing that throwing away the materials, products and packaging we bring into our homes and offices every day is not only bad for the planet and the climate, but bad for business and communities too,” Commissioner Grannis said. “This plan is about changing the way we do things—by minimizing packaging, using better and ‘greener’ materials and reducing trips to the local landfill. Ultimately, it will result in decreased reliance on waste disposal facilities and foster new jobs and a cleaner environment here in New York.”
New York last issued a Solid Waste Management Plan in 1987, a plan that was aggressive for its time. It placed a priority on preventing waste and made recycling mandatory. However, despite an increase in the awareness of recycling and reuse among the public and significant efforts by local governments, New York still generates about the same amount of waste today as in 1990 and only 20%of the municipal solid waste is being recycled.
Commissioner Grannis made it a priority for DEC to develop a new plan that takes stock of the current state of materials and waste management in the state and outlines a strategy to reinvigorate recycling and reverse trends of escalating waste. DEC staff, led by Special Assistant for Solid Waste Policy Resa Dimino, has been working with stakeholders for more than two years to discuss issues and gather input and direction.
To get Beyond Waste, we need to involve everyone from school kids to government officials,” Dimino said. “We started through the planning process, which included hundreds of stakeholders and more than a dozen advisors who worked together with our staff to discuss, debate and flesh out the many program and policy options included in the plan. We are grateful for their commitment and the plan is better for it.”
“Resa and our DEC solid waste management team have exceeded my expectations to develop a plan that looks at the past and present of waste so that we can have a brighter future,” the Commissioner added. “I thank them for their hard work and now look forward to the input and cooperation of New Yorkers as this plan moves forward.”
The draft plan puts forward policy and programmatic tools and options for communities and for solid waste management planning units around the state. It will help ensure waste reduction, reuse and materials recovery throughout the state—both in areas where there is a substantial private sector role and in communities that practice flow control or other oversight tools. The recommendations detailed in the plan include:
- A new broad policy with a focus on waste prevention.
- Support progressive solid waste and sustainable materials management.
- Education for consumers and businesses to help them reduce their generation of waste and recycle what cannot be reduced.
- A stronger emphasis on product and packaging stewardship, to extend waste responsibility to manufacturers and, thereby, encourage them to use more recyclable and less toxic materials. By shifting some responsibility, the plan also will aid local communities that currently shoulder the entire burden for waste disposal.
“The benefits of the plan are significant and far-reaching,” the Commissioner said. New York already supports more than 32,000 jobs in recycling, and the plan projects that figure could grow substantially when the “Beyond Waste” plan is fully implemented. Using recycled materials instead of extracting and fabricating new ones conserves energy, curbs air and water pollution and helps in the fight against climate change. The plan estimates that nearly 23 million metric tons of carbon dioxide-equivalent greenhouse gas emissions and more than 250 trillion BTUs of energy each year—as much energy as is consumed by more than 2.5 million homes—would be saved and 74,000 jobs would be created.
A public comment period has been scheduled until July 6, 2010. Comments should be submitted to Ed Dassatti, NYS Department of Environmental Conservation, Division of Solid and Hazardous Materials, 625 Broadway, Albany, New York 12233-7250. DEC will be holding a series of meetings about the plan.
Suspects Allegedly Dumped More Than Five Tons of Asbestos-Contaminated Debris in Abandoned Buffalo Warehouse
New York Attorney General Andrew M. Cuomo has announced the arrests of the owner of Peerless Environmental Control, Inc., a local asbestos abatement contractor, as well as a demolition contractor, for illegally dumping more than five tons of asbestos-contaminated debris inside an abandoned warehouse in the City of Buffalo.
Robert L. Bishop, 45, of Tonawanda Creek Road, East Amherst, owner of Peerless Environmental Control, Inc, and Salvatore P. Capizzi, 47, of Whitehaven Road, Grand Island, a self-employed demolition contractor, are charged with Endangering Public Health, Safety or the Environment in the Third Degree (a class E felony) and Criminal Mischief in the Second Degree (a class D felony). They each face a maximum penalty of seven years in prison.
“People who try to cut corners by illegally dumping harmful materials like asbestos endanger the public and hurt the environment,” said Attorney General Cuomo. “My office has no tolerance for polluters who fail to comply with the state’s stringent hazardous waste disposal laws.”
According to court papers, Bishop, while operating as an asbestos abatement contractor for various area construction projects, collected thousands of pounds of asbestos-contaminated waste and stored it in containers at a warehouse on West Avenue in the City of Buffalo. When Bishop was notified that the New York State Department of Labor’s Asbestos regulators wanted to inspect his facility, he paid some of his workers to haul the waste to a different building on Leslie Street in Buffalo purportedly owned by Capizzi. However, Capizzi never owned the property, which had been abandoned for many years.
The asbestos waste remained hidden for more than a year at the Leslie Street site until it was discovered by the State Department of Labor’s asbestos regulators. The site has since been cleaned by the EPA, which removed more than five tons of asbestos-contaminated material at a cost of approximately $137,400. An ensuing investigation by the New York State Department of Environmental Conservation’s (DEC) Bureau of Environmental Crimes Investigation and the Attorney General’s office resulted in the charges filed against Bishop and Capizzi.
“In this case, the alleged reckless and dangerous acts of two individuals put public health and the environment at risk,” said State Environmental Conservation Commissioner Pete Grannis. “DEC’s investigators diligently pursued this case and we thank Attorney General Andrew Cuomo for working to ensure that environmental crimes are prosecuted vigorously. Our joint effort sends a clear message that those who violate state environmental will be held accountable for their actions.”
Thermo-Fab Corp. Fined for Air Pollution Control and Hazardous Waste Management Violations
Thermo-Fab Corporation of Shirley must pay a $3,263 penalty and fund a Supplemental Environmental Project (SEP) valued at $9,787 for violating Air Pollution Control and Hazardous Waste Management regulations overseen by the Department of Environmental Protection (MassDEP). Thermo-Fab designs and manufactures custom plastic enclosures for the medical and computer industries at its facility located at 76 Walker Road.
During an inspection conducted in May 2008, MassDEP determined that the company’s paint spraying operations did not meet appropriate environmental standards. In addition, the company violated hazardous waste and waste oil accumulation and storage requirements, such as improper labeling of containers, open containers, no emergency procedures, and no hazardous waste/waste oil signage.
In a consent order with MassDEP, the company agreed to maintain compliance with all applicable regulations and to pay the penalty. As part of the settlement, $9,787 will be used by the company to fund the SEP, which involves the purchase of equipment to be provided to the Town of Shirley Fire Department.
“The SEP will provide assistance to the Shirley Fire Department,” said Martin Suuberg, director of MassDEP’s Central Regional Office in Worcester. “Fire departments are the first responders to hazardous material emergencies. So, this equipment will assist the fire department in those efforts.”
Atlantic Union College Fined for Failure to Report Oil Spill into a Nearby Stream
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $9,703 penalty to Atlantic Union College in Lancaster following a 2008 release of fuel oil that occurred at its Power House building located at 51 Maple Street and impacted a nearby steam. The Power House provides electricity to Atlantic Union College.
On the morning of August 4, 2008, a release of No. 2 fuel oil occurred from a diesel engine for one of the electric generators inside the Power House. Approximately 300 gallons of fuel oil released into floor drains located on the concrete floor inside the building. The oil discharged into a storm water system and then into a nearby stream, impacting over 6,000 feet of surface water.
Later that day, an anonymous caller alerted the Lancaster Fire Department, which then informed MassDEP of the release. MassDEP and the EPA responded to the scene and took actions to contain the release. College employees had believed that the floor drains were sealed, and that the spilled oil was contained within the building. But the drains were not sealed.
Atlantic Union College performed the necessary clean up actions, removing oil from the stream and underground drainage system. Impacted soil was excavated, and the floor drain system was properly sealed. The college agreed to pay the penalty for its failure to notify and failure to perform response actions in a timeframe established by the MassDEP regulations.
“Timely responses to oil spills are critical to minimize impacts to streams, wetlands and the surrounding environment,” said Mary Gardner, deputy director of MassDEP’s Central Regional Office in Worcester. “The college has since taken comprehensive actions to address the spill.”
Two Development Firms Fined $19,675 for Environmental Violations
Two redevelopment companies conducting cleanup activities at 1 Forbes Street in Chelsea, Massachusetts. Forbes Park LLC and Seawall Realty LLC have been penalized a total of $19,675 and required to conduct additional cleanup actions to settle allegations of numerous violations following an investigation by the Massachusetts Department of Environmental Protection (MassDEP).
The investigation involved the Environmental Strike Force (ESF) and later included staff from the MassDEP’s Wetlands and Waterways program, Bureau of Waste Site Cleanup and the Office of Research and Standards. MassDEP alleged that Forbes Park and Seawall Realty failed to obtain all necessary permits and approvals before undertaking cleanup of oil or hazardous materials at the site, including: failure to conduct response actions in accordance with approved plans; failure to request an extension of their cleanup permit in the allowed time; and failure to submit required reports concerning the permitted cleanup.
In addition, the companies failed to perform a risk assessment that was consistent with acceptable risk assessment practices, and failed to employ recognized risk standards when conducting response actions. Forbes and Seawall are remediating the site under a Brownfield Covenant Not to Sue issued by the Office of the Attorney General.
“A successful Brownfield redevelopment provides both a unique business opportunity and a public benefit. There are no short cuts. The most efficient way to complete such a project is to comply with all applicable regulations before and during the development process,” said Pamela Talbot, chief of MassDEP’s Environmental Strike Force. “MassDEP will use its enforcement authority whenever necessary to ensure full compliance with the laws that are in place to protect the environment and the Commonwealth’s residents.”
Under the terms of the order—in addition to the penalty—Forbes has agreed to submit various status reports concerning the cleanup in accordance with strict timelines established in the order, conduct a thorough reevaluation of the risk assessment at the site, and meet all requirements of two notices of audit findings already issued by MassDEP.
This marks the third separate consent order since September 2008 involving MassDEP and this location in which environmental violations were found.
Initially, Forbes, Seawall and another company (Urban Design & Development) were found to have performed or allowed alteration and work to take place in a wetlands resource area without permit or approval. Those violations were resolved in September 2008 with a suspended penalty of $1,725.
Forbes Park, Seawall Realty and Urban Design & Development also settled allegations by MassDEP that they had failed to obtain necessary waterways licenses and approvals for work performed in a filled tideland, and failed to file an Environmental Notification Form (ENF) with the Secretary of Energy and Environmental Affairs. Specifically, Forbes, Seawall and Urban Design erected a support structure for a wind turbine and constructed a seawall in filled tideland in a designated port area without proper approvals. In addition, the ESF discovered solid waste violations involving the placement of crushed rubble. Those violations were ultimately resolved with a consent order with MassDEP in December 2009 that required the companies to submit an ENF, prepare and submit to MassDEP an application for a waterways license, and pay a penalty of $22,281.
Pep Boys Agrees to Pay $5 Million to Resolve Clean Air Act Violations Claims
The Pep Boys—Manny, Moe & Jack—have agreed to pay $5 million in civil penalties and take corrective measures to settle claims that it violated the Clean Air Act by importing and selling motorcycles, recreational vehicles and generators manufactured in China that do not comply with environmental requirements, the EPA and the U.S. Justice Department announced. Baja Inc., which supplied the non-compliant vehicles to Pep Boys, is also settling with the U.S.
“Importers of foreign made vehicles and engines must comply with the same Clean Air Act requirements that apply to those selling domestic products, and this settlement demonstrates that we will take strong action to ensure that importers comply with their obligations,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division. “Under this settlement Pep Boys and Baja will not only pay a civil penalty, but will offset the excess emissions from the vehicles and engines already sold and take steps that go beyond what the law requires to ensure that their future imports and sales meet Clean Air Act standards.”
“Equipment imported into the United States that does not meet our pollution control rules is bad for human health and the environment, and unfair to those companies that play by the rules,” said Cynthia Giles, Assistant Administrator for Enforcement and Compliance Assurance. “American consumers deserve products that meet standards and protect their health and environment.”
This is the largest vehicle and engine importation case brought by the United States to date under the Clean Air Act, both in number of vehicles and engines imported and penalty paid. The complaint, filed simultaneously with the settlement in federal court in the District of Columbia, alleges that Pep Boys and Baja imported and sold at least 241,000 illegal vehicles and engines from 2004 through 2009.
The agreement requires Pep Boys to export or destroy over 1,300 non-compliant vehicles and engines, and to mitigate the adverse environmental effects of equipment already sold to consumers, estimated at 620 tons of excess hydrocarbon and nitrogen oxide emissions, and more than 6,520 tons of excess carbon monoxide emissions. Under the settlement, Pep Boys will implement projects to offset the excess emissions including offering discounted push or electric lawn mowers in exchange for older more polluting gas-powered mowers.
Motorcycles, recreational vehicles and generators emit carbon monoxide, a gas that is poisonous at high levels in the air even to healthy people and is especially dangerous to people with heart disease. These machines also emit hydrocarbons and nitrogen oxides, which contribute to the formation of ground-level ozone, or smog. Exposure to low levels of ozone can cause respiratory problems, and repeated exposure can aggravate pre-existing respiratory diseases.
The complaint alleges that at least 45 vehicle and generator models imported and sold by Pep Boys and Baja were not certified to meet federal emission standards. The complaint also alleges that Pep Boys failed to provide purchasers with the full emission-system warranty required by the Clean Air Act, and imported and sold vehicles and engines without the proper emission control information labels.
The vehicles and engines were built by more than 35 different manufacturers in China. EPA and U.S. Customs & Border Protection discovered the violations through inspections conducted at Pep Boys stores, at U.S. ports, and through a review of importation documents provided to EPA by the company.
The settlement also requires Pep Boys and Baja to offer a free extended emission warranty on certain vehicle and engine models, to reimburse consumers for emission-related repair expenses, and to implement rigorous corporate compliance plans. Baja also agreed to pay a penalty of $25,000, an amount that was reduced substantially in light of Baja’s current financial condition.
The settlement is part of an ongoing effort by EPA to ensure that all imported vehicles and engines comply with Clean Air Act requirements.
Pep Boys is a national automotive aftermarket and service chain with annual sales of $1.9 billion. The company operates more than 580 stores in 35 states and Puerto Rico. In 2008, the company, based in Philadelphia, was the third largest importer of Chinese-made all terrain vehicles (ATVs) in the United States. In 2006 and 2007, Pep Boys was the fourth largest importer of generators.
Baja, based in Phoenix, contracts with Chinese manufacturers to supply ATVs and motorcycles to Pep Boys and others. Baja also manages all after-sale functions, including servicing warranty claims and providing replacement parts for these vehicles.
Dollar Tree Stores Fined $10,000 for Oil Spill
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $10,000 penalty to Dollar Tree Stores, Inc. for failing to properly address a release of hydraulic oil at its store located at 344 Greenwood Street in Worcester, Massachusetts.
On the morning of June 2, 2009, MassDEP responded to an anonymous call of an oil release behind the Dollar Tree Store that allegedly occurred the day before and had not been cleaned up. Upon arrival, MassDEP confirmed that a hydraulic oil release had impacted about 600 feet of pavement behind the store. The store manager confirmed a release occurred from a ruptured hydraulic line on a trash compactor the previous day.
MassDEP cited Dollar Tree Stores for failing to provide notification within two hours, failing to perform a timely cleanup and failing to properly manage wastes from the cleanup following the release.
Since the incident occurred, Dollar Tree has contracted with a national environmental spill cleanup company, designed and instituted a spill response plan including a spill hot line for all stores, improved communication tools and conducted a preventative maintenance program for its trash compactors. Dollar Tree must also pay the $10,000 penalty.
“Dollar Tree responded positively and took steps to ensure sound environmental practices into the future that would prevent this type of incident from reoccurring,” said Martin Suuberg, director of MassDEP’s Central Regional Office in Worcester.
Retailer to Pay $98,520 to Settle Hazardous Waste Violations
Recovery Management Corporation, Inc., owner of the Cargo Largo retail store in Independence, Mo., has agreed to pay a $98,520 civil penalty to the United States to settle allegations related to the storage, treatment, and shipment of hazardous wastes.
Recovery Management Corporation, whose warehouse is located at 1600 North 291 Highway, Independence, Missouri, buys abandoned, unclaimed and/or damaged goods and merchandise from commercial shipping companies and resells them through its Cargo Largo retail outlet at 13900 E. 35th Street, also in Independence, and through other means.
According to a consent agreement and final order filed in Kansas City, Kansas, EPA Region 7 conducted an inspection of the company’s Independence warehouse in July and August 2008 to determine its compliance with the federal Resource Conservation and Recovery Act (RCRA). That inspection noted several alleged violations of RCRA at the warehouse location:
- Storage of waste pharmaceuticals, including hazardous wastes, without a proper permit.
- Unpermitted treatment of hazardous wastes, including allowing the evaporation of solvents from contaminated rags, and the crushing of mercury-containing lamps into a drum, which exposed employees to hazardous solvent fumes and mercury vapors.
- Shipment of hazardous waste pharmaceuticals to a medical waste disposal facility instead of a hazardous waste disposal facility.
- Shipment of hazardous waste solvent rags to a solid waste landfill instead of a hazardous waste disposal facility.
- Offering hazardous wastes for disposal without accompanying shipment manifests. Such manifests are required to help emergency responders know how to properly address accidents that may occur in transit.
The consent agreement requires Recovery Management Corporation to perform hazardous waste determinations on all of its solid waste streams. The company must also take steps to prevent its suppliers from sending hazardous wastes to the company’s facility, and develop procedures for identifying and immediately disposing of potentially hazardous materials that it inadvertently receives.
Recovery Management Corporation must provide documentation to EPA Region 7 on a quarterly basis for one year that shows hazardous wastes are being shipped properly. The company also must document that it is no longer treating waste lamps and solvent rags.
MPCA Enforcement Actions Total More Than $1.3 Million in First Quarter of 2010
The Minnesota Pollution Control Agency (MPCA) concluded 46 enforcement cases totaling $1,332,727 in penalties during the first quarter of 2010. The cases occurred at facilities in 28 counties throughout Minnesota.
Occasionally, parts of enforcement penalties are dedicated toward Supplemental Environmental Projects (SEPs). During the first quarter of 2010, two cases included SEPs totaling $741,000. Corn Plus of Winnebago will spend $691,000 to install more efficient lighting to reduce energy consumption, and install a closed-loop heat transfer system that will significantly reduce the facility’s water use and discharges to the Winnebago wastewater treatment facility. Chippewa Valley Ethanol Company of Benson will spend $50,000 toward a project yet to be determined. The company will submit a project proposal to the MPCA for approval later in May. SEP totals are in addition to paying civil penalties.
The following is a brief summary of all 46 cases completed during the first quarter of 2010:
- $891,000 – Corn Plus, Winnebago, for water quality violations (Penalty amount includes $691,000 SEP)
- $120,000 – Chippewa Valley Ethanol Co., Benson, for air quality violations (Penalty amount includes $50,000 SEP)
- $65,600 – MINCO, Fridley, for hazardous waste violations
- $60,000 – Melrose Dairy Proteins LLC, Melrose, for water quality violations
- $19,500 – Central Sandblasting Co., Mounds View, for air quality violations
- $10,000 – Archer Daniels Midland/VP Oilseed Processing, Red Wing, for above ground storage tank violations
- $10,000 – Itasca County, Grand Rapids, for stormwater violations
- $9,175 – Otter Tail Ag Enterprises, Fergus Falls, for air quality violations
- $9,100 – Hardrives Inc., North Branch, for air quality violations
- $8,250 – Magnolia-Earl Street Paving, St. Paul, for stormwater violations
- $7,000 – Valley Craft Inc., Lake City, for air quality violations
- $7,000 – Gregory Froslee Farm, Vining, for feedlot violations
- $6,500 – Clifford Wolle-Watonwan River Bank Construction Project, Watonwan County, for stormwater violations
- $6,250 – William Marceau-Arrowhead Development, Duluth, for stormwater violations
- $6,000 – Terry Schmidt-TC Lighting, Bemidji, for hazardous waste violations
- $5,872 – Harlan Peck-A-1 Excavating & Septic Service, Austin, for individual septic treatment system violations
- $5,314 – Oak Terrace Senior Housing, Montag Development, Inc., Gaylord, for asbestos violations
- $5,275 – Andersen Corporation, Bayport, for air quality violations
- $5,250 – Minnesota Department of Transportation, Woodbury, for stormwater violations
- $5,070 – Osmundson Bros. Petroleum Inc., Adams, for solid waste violations
- $4,750 – Shafer Contracting Co. Inc., Woodbury, for stormwater violations
- $4,500 – RJ Ryan Construction Inc., New Brighton, for stormwater violations
- $4,228 – James Wencl Plumbing and Heating, Owatonna, for individual septic treatment system violations
- $4,200 – LJP Enterprises, St. Peter, for solid waste violations
- $3,750 – Aitkin Agri-peat Inc., Cromwell, for water quality violations
- $3,750 – Spartacus Ventures LLC, New Brighton, for stormwater violations
- $3,500 – Ace Surfaces NA & Life Time Fitness, Eden Prairie, for water quality violations
- $3,250 – MielkeMark LLC, Brainerd, for stormwater violations
- $2,499 – City of Madison, Madison, for water quality violations
- $2,275 – Washington County Public Works, Grant, for stormwater violations
- $2,100 – Anderson Brothers Construction Co., Brainerd, for stormwater violations
- $2,000 – Cottonwood County Sanitary Landfill, Windom, for solid waste violations
- $1,750 – Dresel Contracting Inc., Grant, for stormwater violations
- $1,425 – Clipper’s Septic Inc., Tyler, for water quality violations
- $1,294 – Phil Gervais Farm, Slayton, for feedlot violations
- $1,030 – Dale Springman-D&S Excavation, Lismore, for individual septic treatment system violations
- $750 – Tim Landborg-Landborg Properties, Brainerd, for stormwater violations
- $570 – Loosbrock Digging Service, Wilmont, for individusl septic treatment system violations
The penalties for the following cases are all forgivable:
- $3,500 – Hearth & Home Technologies, Lake City, for air quality violations
- $3,500 – Wells Fargo Corporate Trust Services, St. Paul, for asbestos violations
- $3,500 – Clinton Ag Service Inc., Clinton, for solid waste violations
- $3,500 – Twin City Powder Coating, Lino Lakes, for water quality violations
- $3,100 – Minneapolis Concrete Recyclers LLC & Ramsey Excavating, Minneapolis, for air quality violations
- $2,425 – D Joseph Properties Inc., Moose Lake, for stormwater violations
- $2,425 – Gobel Excavating & Aggregate Inc., Moose Lake, for stormwater violations
- $1,000 – Tidy Green LLC, Mankato, for solid waste violations
For questions on specific enforcement cases, contact Stephen Mikkelson, Information Officer, at 218-316-3887.
DEP Fines Rex Energy Operating Corp. $45,000 for Environmental Violations in Clearfield County
The Pennsylvania DEP has fined Rex Energy Operating Corp., of State College, $45,000 for numerous environmental violations at the company’s Alder Run natural gas well site in Cooper Township, Clearfield County.
Rex Energy also signed a Consent Order and Agreement requiring all violations to be corrected within six months.
“Inspections conducted by DEP’s Oil and Gas program staff in late December 2009 and in January revealed a number of significant wetland encroachment and erosion and sediment control violations with the improper construction of the Alder Run Land LP 3H well site and centralized impoundment,” said DEP Acting North-central Regional Director John Hamilton.
DEP inspectors found that the well pad had been built 300 feet to the northeast of what was specified in the erosion and sediment control general permit and had encroached upon wetlands identified in the company’s permit application.
The company also constructed the Alder Run centralized impoundment differently than what was approved in the permit, and that also impacted a wetland.
These illegal activities violated the Oil and Gas Act, Clean Streams Law and the Dam Safety and Encroachments Act.
“These violations are significant, not only due to the actual environmental impact, but also because they totally undermine the department’s permitting process,” said Hamilton. “It is imperative that accurate information is submitted in a permit application and that the sites are constructed exactly as they are permitted.”
The legal agreement requires Rex Energy to halt all activities at the two locations within 15 days; submit to DEP a restoration and mitigation plan addressing all wetland encroachments at the well site and the impoundment within 30 days; begin removal of all fill material placed within 100 feet of all wetland areas of more than one acre within 60 days of approval; submit to DEP a new erosion and sediment control general permit within 90 days; and complete all restoration work within 180 days.
Refinery to Pay $96,600 for Air Quality Violations
The Pennsylvania DEP announced that ConocoPhillips Inc. will pay $96,600 in civil penalties for air quality violations at its refinery in Trainer, Delaware County.
“These most recent violations include emissions exceeding permitted limits; problems that were documented by monitors at the refinery,” said Southeast Regional Director Joseph A. Feola. “Conoco was also cited for not validating information contained in several reports submitted to the department.”
Monitoring reports submitted quarterly by Conoco in 2008 showed the facility had exceeded emission limits of both sulfur dioxide and hydrogen sulfide. DEP also found that three months of data submitted by Conoco that year were invalid.
DEP is working with the facility to ensure Conoco gains better oversight and properly trains employees tasked with submitting emission monitoring and emission inventory reports to DEP.
The facility was also fined $38,137 in November 2009 for failing to report and incorrectly reporting emissions from a variety of sources at the refinery. In December 2008, Conoco was fined $129,524 in for sulfur dioxide emissions in excess of permitted levels.
Wireless Facility Faces $57,000 Fine for Diesel Spill
According to the order, on Aug. 1, 2008, New Cingular Wireless spilled approximately 12,432 gallons of diesel when an above-ground storage tank overflowed on its property. The spill traveled across an asphalt area and into a storm drain that empties into a wetland pond adjacent to Par Creek. The company cleaned up the spill in early September 2008.
“Oil spills are serious business and can cause serious environmental damage,” said Edward Kowalski, EPA’s Director of Compliance and Enforcement in Seattle. “Companies that store oil must follow the law and be diligent in their efforts to contain and prevent spills.”
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Trivia Question of the Week
What waste product has been found to be recyclable into a product that can protect steel from rusting even under the harsh conditions in oil production?
a. Cigarette butts
b. Coffee grinds
c. Citrus rinds
d. Paint waste