This amendment allows use of default emission factors instead of using directly measured recipe-specific emission factors. In addition, the final rule extends two of the dates in the Subpart I provisions related to the use of best available monitoring methods (BAMM). The extension provides all electronics manufacturing facilities additional time to use BAMM in 2011 without submitting a request to the Administrator, and additional time to submit a request to use BAMM to estimate emissions beyond 2011.
This action amends the Greenhouse Gas Reporting Program requirements in 40 CFR 98 to finalize the reporting for five source categories (Subparts I, L, DD, QQ, and SS). With this final rule the Agency has taken action on the five subparts from the April 12, 2010 proposal for reporting of fluorinated GHGs. Fluorinated GHGs include hydrofluorocarbons (HFCs), nitrogen trifluoride (NF3), perfluorocarbons (PFCs), sulfur hexafluoride (SF6), hydrofluoroethers (HFEs), and others as defined by the final Mandatory Reporting of GHGs Rule
Safety Consultant/Trainer
Environmental Resource Center has a new opening for a safety consultant and auditor. We are looking for a former OSHA CSHO, OSHA trainer, or state inspector for this position in our Cary, North Carolina, office. Applicants should have excellent writing and speaking skills and be willing to travel 7–14 days per month. We are looking for an expert in all of the General Industry and Construction standards who is capable of performing audits of industrial facilities as well as conducting on-site training.
Strong consideration will be given to applicants who also have experience providing HAZWOPER, Hazcom, lockout/tagout, confined spaces, and machine guarding training.
The position includes maintenance of training materials (books and presentations), working on consulting projects, development of classes and computer-based training programs, and ensuring customer satisfaction.
San Antonio RCRA and DOT Training
Cary, NC 40-Hr and 24-Hr HAZWOPER Training
Tool Maps Regulatory Compliance
The EPA announced the release of a new mapping feature in EPA’s Enforcement and Compliance History Online () database. As part of EPA’s ongoing effort to improve transparency, the EPA and State Enforcement Actions Map will allow the public to access federal and state enforcement information in an interactive format and to compare enforcement action information by state. The map will be refreshed monthly to include up-to-date information about the enforcement actions taken to address violations of air, water, and waste laws.
“EPA is committed to providing the public with easy to use tools that display facility compliance information and the actions EPA and the states are taking to address pollution problems in communities across the nation,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “EPA is proud to announce our latest effort under the President’s White House Regulatory Compliance Transparency Initiative and we will continue to take steps to make meaningful enforcement and compliance data available as part of an open, transparent government.”
Map users can choose the year, the media (e.g., air, water, waste, multiple), and whether they would like to display enforcement information for actions taken at the federal level, state level, or both. Users can then click on a state to view facility locations and click on a facility to list its name, the environmental statute the facility has an enforcement action under, and a link to a detailed facility compliance report.
ECHO provides integrated searches of EPA and state data about inspections, violations, and enforcement actions for more than 800,000 regulated facilities. Now in its ninth year, ECHO recently received its 10 millionth data query and has completed a record year of more than 2 million queries. President Obama recognized ECHO in his January 2011 Presidential Memorandum on regulatory compliance, as a model for transparency for other federal agencies to follow.
EPA Releases Final Health Assessment for TCE
EPA has released the final health assessment for trichloroethylene (TCE) to the Integrated Risk Information System () database. IRIS is a human health assessment program that evaluates the latest science on chemicals in our environment. The final assessment characterizes the chemical as carcinogenic to humans and as a human noncancer health hazard. This assessment will also allow for a better understanding of the risks posed to communities from exposure to TCE in soil, water, and air. It will provide federal, state, local, and other policy makers with the latest scientific information to make decisions about cleanup and other actions to protect people’s health.
“This assessment is an important first step, providing valuable information to the state, local and federal agencies responsible for protecting the health of the American people,” said Paul Anastas, assistant administrator for the EPA’s Office of Research and Development. “It underscores the importance of EPA’s science and, in particular, the critical value of the IRIS database for ensuring that government officials and the American people have the information they need to protect their health and the health of their children.”
TCE is one of the most common man-made chemicals found in the environment. It is a volatile chemical and a widely used chlorinated solvent. Frequently found at Superfund sites across the country, TCE’s movement from contaminated ground water and soil, into the indoor air of overlying buildings, is of serious concern. EPA already has drinking water standards for TCE and standards for cleaning up TCE at Superfund sites throughout the country.
TCE toxicity values as reported in the assessment will be considered in:
- Establishing cleanup methods at the 761 Superfund sites where TCE has been identified as a contaminant
- Understanding the risk from vapor intrusion as TCE vapors move from contaminated groundwater and soil into the indoor air of overlying buildings
- Revising EPA’s Maximum Contaminant Level for TCE as part of the carcinogenic volatile organic compounds group in drinking water, as described in the agency’s drinking water strategy
- Developing appropriate regulatory standards limiting the atmospheric emissions of TCE—a hazardous air pollutant under the Clean Air Act (CAA)
This assessment has undergone several levels of peer review including, agency review, interagency review, public comment, external peer review by EPA’s Science Advisory Board in January 2011, and a scientific consultation review in 2006 by the National Academy of Sciences. Comments from all reviewers are addressed in the final assessment.
EPA continues to strengthen IRIS as part of an ongoing effort to ensure concrete research and science are used to protect human health and the environment. In May 2009, EPA restructured the IRIS program to reinforce independent review and ensure the timely publication of assessments. In July 2011, EPA announced further changes to strengthen the IRIS program in response to recommendations from the National Academy of Sciences. EPA’s peer review process is designed to elicit the strongest possible critique to ensure that each final IRIS assessment reflects sound, rigorous science.
New York DEC Issues Draft Regulations for High-Volume Hydraulic Fracturing
“Public review of the proposed requirements and regulations governing high-volume hydraulic fracturing is an important part of the environmental impact statement process,” Martens said. “The comments from the 2009 public comment period proved insightful and helped inform the revised SGEIS. We look forward to continuing to hear from commenters in person and in writing over the next few months.”
The draft regulations create a legal framework for implementing the proposed mitigation measures in the revised dSGEIS. The public comment period on the draft regulations runs concurrently with the public comment period on the dSGEIS, which ends December 12.
DEC will hold four public hearings on the revised draft SGEIS, draft regulations, and proposed SPDES GP. Each public hearing will have an afternoon and an evening session from 1:00 pm–4:00 pm and 6:00 pm–9:00 pm, respectively. Comments will be accepted in written and oral format at the hearings.
The hearings will be held:
- November 16: Dansville Middle School Auditorium, 31 Clara Barton St., Dansville, NY 14437
- November 17: The Forum Theatre, 236 Washington Street, Binghamton, NY, 13901
- November 29: Sullivan County Community College, Seelig Theatre, 112 College Rd, Loch Sheldrake, NY 12759
- November 30: Tribeca Performing Arts Center, 199 Chambers Street, New York, NY, 10007
Once the comment period is complete, DEC will review the comments on the revised draft SGEIS and proposed regulations and prepare responses to be released with the final SGEIS and final regulations. No permits for high-volume hydraulic fracturing will be issued until the SGEIS is finalized and DEC issues the required Findings Statement.
Attn: dSGEIS Comments
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233-6510
Michigan DEQ Issues Permits for Hazardous Waste Underground Injection Well Facility
Michigan’s Department of Environmental Quality (DEQ) has issued two key permits for the operation of a hazardous waste management facility in Romulus, Michigan. Environmental Geo‑Technologies LLC (EGT) obtained an operating license for above-ground hazardous waste treatment and storage operations at its deep well injection facility, and an air quality Permit to Install. Operation of the well is governed by federal authorities and permitted by the EPA (see the next article in this week’s Environmental Tip of the Week).
DEQ staff conducted a thorough review of the applications and considered all pertinent comments. The applicant met all state requirements, and state law therefore compels the DEQ to issue the license and permit.
The DEQ will regularly monitor the above-ground hazardous waste storage and treatment operations at the facility to ensure that EGT operates the facility in a safe manner. Monitoring of the injection wells is conducted by the DEQ and the EPA according to respective state and federal authorities.
The EGT facility will be able to accept up to 400,000 gallons per day of liquid hazardous waste from off-site industrial generators for treatment and storage prior to disposal in deep injection wells. The DEQ has placed several facility-specific conditions in the license that bring additional safeguards to the facility, including:
- Limitations on the number of trucks that can be staged on‑site;
- The staging of trucks on Citrin Drive is expressly prohibited; and
- EGT is required to provide environmental monitoring information or data, as well as follow-up reports regarding incidents of noncompliance that may have endangered human health or the environment to the cities of Romulus and Taylor and the county of Wayne.
The license and permit for air emissions at the facility allows EGT to begin approved upgrades to the facility. When the engineering work outlined in the license is complete, EGT is required to submit a certification document regarding the approved facility upgrades. EGT will not be allowed to accept any hazardous waste for management at the facility until the certification document has been approved by the DEQ and the company receives approval to manage hazardous waste at the facility.
EPA Approves New EGT Permits with Strict Conditions
The EPA has approved permit applications by Environmental Geo-Technologies LLC (EGT) to operate two hazardous waste injection wells in Romulus, Michigan. The new permits contain stricter conditions to protect the environment than previous permits that were granted to prior operators of the facility. EPA will require EGT to:
- Increase site security.
- Increase the frequency of mechanical integrity testing.
- Comply with stricter requirements for operator training including an annual continuing education requirement.
- Increase sampling and analysis of every waste load to better characterize the waste before it is injected into the wells.
- Undergo regular independent compliance audits.
- Make company information and reports readily available to the public on a website and at a public repository such as a library.
In addition, EPA will work with Michigan DEQ to conduct frequent inspections of the facility.
The wells were constructed in 2002 and initially operated by Environmental Disposal Systems (EDS). In 2007, EPA terminated EDS’ permits to operate the wells, citing poor recordkeeping, inexperienced and ill-trained operators, failure to perform emergency tests, and failure to tell regulators that ownership had been passed to another company, RDD Operations LLC.
Interim owners RDD Operations LLC repaired and made changes to the facility, including lining the well cellars with leak-proof material and replacing both leaking and intact gaskets at the well entry point.
Background documents about the wells and the permit application are available at the same website.
Logitech Fined $261,000 for Making Unsubstantiated Pesticide Claims for its Keyboards
The company incorporated a silver compound designed to protect a keyboard against deterioration, then marketed the keyboard as protecting the user from bacteria and microbes. To promote such benefits for that use a company must have the product tested, then registered by the EPA.
“Unverified public health claims can lead people to believe they are protected from disease-causing organisms when, in fact, they are not,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “The EPA takes very seriously its responsibility to enforce the law against companies that make such claims for their products.”
Logitech, whose US headquarters are based in Fremont, California, distributed some 1,300 cordless desktop MX3200 laser keyboards to various retailers and customers throughout the nation. This keyboard and mouse combination incorporated an EPA registered pesticide, AgION silver compound.
Evidence found online and during an investigation of the Fremont facility in 2008 led the Agency to issue a complaint against Logitech. After being contacted by EPA, Logitech promptly stopped making claims that their product protects consumers against bacteria, mold, and mildew, removed claims from their website, and revised their product packaging.
Products that kill or repel bacteria or germs and/or claim to do so are considered pesticides, and must be registered with the EPA before their sale or distribution, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). EPA will not register a pesticide until it has been tested to show that it will not pose an unreasonable risk when used according to the directions.
Container Manufacturer Fined $30,000 for Hazardous Waste Violations
EPA fined one of the largest metal food can makers in the US $30,000 for the improper management of hazardous waste at its Riverbank, California facility.
In 2009 and 2010, inspections at Silgan Containers Manufacturing Corp., uncovered violations of federal standards governing the handling and storing of hazardous waste. In this case, the materials were industrial solvents related to the manufacture of food cans. Among the violations were inadequate waste leak detection measures, mislabeled or unlabeled containers, and a crack in the concrete floor of a hazardous waste storage facility.
Under the Resource Conservation and Recovery Act (RCRA), hazardous waste must be stored, handled, and disposed of using measures that safeguard public health and the environment.
Trucking Company Fined for EPCRA Violations: Failed to Report Storage of Hydrogen Peroxide
Quality Carriers, Inc., will pay over $46,000 to settle hazardous chemical reporting violations at its facility in Kent, Washington, according to a consent agreement with EPA.
The company is an off-loading facility that transfers chemicals from rail cars to on-road trucks. According to EPA, in 2009 the company stored large amounts of hydrogen peroxide above threshold planning quantities without properly reporting it to the Kent Fire Department, King County Local Emergency Planning Committee, and the State Emergency Response Commission.
“Local emergency planners and responders need this information to do their jobs. Its critical information for them to protect the community and themselves when a dangerous chemical release occurs,” said Wally Moon, Preparedness and Prevention Unit Manager from the EPA Emergency Management Program in Seattle.
Hydrogen peroxide is listed as a toxic and hazardous substance under Occupational Safety and Health Administration. Hydrogen peroxide can pose a serious health hazard when released, most notably respiratory risks.
According to documents, the company failed to file inventory forms for 2008 and 2009 with state and local emergency response entities, as required by law.
Trident Seafoods Corp. to Pay $2.5 Million to Resolve Clean Water Act Violations and Spend More Than $30 Million to Upgrade Processing Plants
Trident Seafoods Corp., one of the world’s largest seafood processors, has agreed to pay a $2.5 million civil penalty and invest millions in seafood processing waste controls to settle alleged violations of the Clean Water Act (CWA). Unauthorized discharges of seafood processing waste lead to large seafood waste piles on the seafloor, creating anoxic, or oxygen-depleted, conditions that result in unsuitable habitats for fish and other living organisms.
“This agreement will benefit the quality of Alaskan waters, which host a critical habitat for the seafood industry,” said Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “The upgrades will enable Trident to achieve and maintain compliance with the Clean Water Act, and will protect Alaskan waters, eliminate waste and create efficiencies that will serve as a model of best business practices for the seafood processing industry.”
“Today’s settlement signals an important change in how seafood processing is managed in Alaska,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Trident’s investment in fishmeal facilities and commitment to improving its waste management practices will help protect our nation’s waters and set the standard for Alaska’s seafood processing industry.”
The agreement requires Trident to invest an estimated $30-40 million, and potentially more, in source control and waste pile remediation measures. The source control measures include building a fish meal plant in Naknek, Alaska, that will have the capacity to handle at least 30 million pounds of seafood processing waste annually, taking in both its own fish waste and potentially that of other local processors. Trident has also agreed to reduce the amount of seafood processing waste discharged from the Akutan, Cordova, St. Paul, and Ketchikan, Alaska, facilities and monitor the amount of seafood processing waste discharged into Starrigavan Bay in Sitka, Alaska. These activities will reduce Trident’s fish processing discharges by a total of more than 105 million pounds annually.
The company has also agreed to remediation measures including studying seafloor waste piles at Trident’s facilities and to monitor and evaluate the decomposition of seafood waste piles in Akutan, Ketchikan, and Cordova. Based on the results of these studies, Trident will remove or partially remediate the piles. One seafood processing waste pile in Akutan Harbor is currently estimated to be more than 50 acres in size.
According to Dennis McLerran, EPA Regional Administrator in Seattle, this agreement with Trident Seafoods Corp., will fundamentally alter Alaska seafood waste discharge practices across the industry.
“Today’s settlement is truly a ‘game changer’,” said EPA’s McLerran. “Trident is definitely changing course and seriously investing in waste management and increased fish meal plant capacity. We share Trident’s view that this settlement will be better for the environment as well as their bottom line. We’re establishing a new ‘best management practices’ yardstick for Alaska’s seafood processing industry.”
The EPA complaint, also filed as part of this legal action, alleges that Trident had more than 480 CWA violations at 14 of its on-shore and off-shore Alaskan seafood processing facilities. The alleged violations include discharging without a necessary permit, exceeding discharge limits, failing to comply with permit restrictions on discharge locations (including discharges into at least two National Wildlife Refuges), creating oxygen-depleting “zones of deposit” or underwater piles of fish processing waste occupying more than the allowed one acre of seafloor. They allegedly also failed to conduct required monitoring and implement required best management practices.
Over the past decade, Trident has been a party to multiple administrative enforcement agreements and judicial consent decrees resolving similar violations at many of the same facilities.
Texas Petroleum Investment Company Fined for a Second Time for Violating SPCC Regulations
EPA fined the Texas Petroleum Investment Company of Houston, Texas, $134,895 for violating federal Spill Prevention Control and Countermeasure (SPCC) regulations outlined under the CWA.
A federal inspection of the company’s Hackberry Field Tank Battery #5, an onshore oil production facility in Cameron Parish, Louisiana, revealed the company had failed to prepare and implement SPCC plans as required by federal regulations. Another federal inspection of the company’s Romere Pass Tank Battery, an onshore and offshore production facility in Plaquemines Parish also found the company had failed to prepare and implement SPCC plans at that location.
The announcement also settles CWA violations for discharges of oil into Black Lake in Cameron Parish and discharges of oil into Romere Pass and Main Pass, both in Plaquemines Parish.
In August 2011, EPA announced the company had been fined $163,487 for CWA violations found at its oil production facilities in Terrebonne, Plaquemines, Lafourche, St. Charles, and Iberia parishes and for unauthorized discharges of oil into wetland areas and unnamed canals in Terrebonne, Plaquemines, and Iberia parishes.
The SPCC program helps to protect our nation’s water quality. A spill of only one gallon of oil can contaminate one million gallons of water.
$17,000 Fine for Illegally Exporting Spent Lead Acid Batteries to Hong Kong
Jones International Groups, Inc., has agreed to pay $17,000 for failing to comply with requirements related to the export of universal waste (spent lead-acid batteries) to Hong Kong through the Port of Portland, according to a settlement with the EPA.
On September 7, 2009, Jones International Groups, located in Hillsboro, Oregon, arranged for the export of approximately 129 spent lead acid batteries destined for Hong Kong. These batteries had been incorrectly identified in shipping paperwork as “mixed metal scrap” and the shipment did not identify the materials as either a hazardous waste or a “universal waste,” a waste designation provided for under federal RCRA. The shipment was returned to the US upon discovery of the true contents of the containers by Hong Kong officials.
“Companies that collect discarded universal waste must be held accountable to manage these wastes in compliance with our laws which ensure that they will be properly handled, and not sent abroad to countries that have not agreed to receive waste from the US.” said Edward Kowalski, EPA’s Director of the Office of Compliance and Enforcement in Seattle.
Importantly, the company failed to provide EPA with prior notice of its intent to export the waste to Hong Kong and, consequently, bypassed the process required for Hong Kong to consent to receive universal waste from the US before it can leave the country.
Export of wastes containing lead to other countries without proper controls in place can expose others to harmful effects. Exposure to lead can have a wide range of effects on a child’s development and behavior. Exposure to lead may cause problems with learning and reading, delayed growth, and hearing loss. At high levels, lead can cause permanent brain damage and even death.
Lead-acid batteries are secondary, wet cell batteries, meaning they can be recharged for many uses and they contain liquid. They are the most widely used rechargeable battery in the world. Spent lead-acid batteries are either recycled or disposed.
Owner of Davy Crockett Barge Indicted for Oil Spill on Columbia River
The grand jury charges that Simpson unlawfully discharged oil into the Columbia River near Camas, Washington between December 3, 2010 and January 28, 2011. The second count charges Simpson with failing to notify authorities of the oil discharge between December 1, 2010 and January 19, 2011. Simpson will be summoned to appear for arraignment on the charges in US District Court in Tacoma, Washington, on October 14, 2011.
According to the indictment, Simpson knew when he purchased the M/V Davy Crockett, to sell the metal for scrap, that there were tanks onboard the vessel containing thousands of gallons of fuel oil and diesel fuel. Simpson assembled a crew to begin dismantling the M/V Davy Crockett in the Columbia River in October 2010, but made no arrangements to remove the fuel oil and diesel fuel from the vessel. On December 1, 2010, a member of the scrapping crew cut into a structural beam of the barge, and the ship began breaking apart and leaking oil. Neither Simpson nor anyone else with Principle Metals LLC notified authorities about the leak. The scrapping operation was halted.
Simpson initially addressed the oil release by ceasing all scrapping operations, procuring a boom to limit the release of oil into the Columbia River, and directing an employee to monitor vessel conditions. The employee monitored vessel conditions for approximately one week following the initial release before being relieved of his employment. Simpson took no further steps to monitor the barge, or the boom, and took no steps to protect the barge from additional structural damage.
On January 19, 2011, the barge was moved and additional oil was released. The US Coast Guard responded, issuing an administrative order for Simpson to remove any remaining visible oil from machinery spaces and deck tubes together with other salvage debris from the vessel. Simpson complied and authorities believed the barge no longer posed an environmental danger. However on January 27, 2011, additional oil was released from the vessel and state and federal authorities immediately responded in an effort to limit environmental damage.
If convicted of the charge of failing to report the release, Simpson could face up to five years of imprisonment and a criminal fine of no more than $250,000. If convicted of the charge of unlawfully discharging oil to the river, Simpson could face up to three years of imprisonment and a criminal fine between $5,000–$50,000 per day of violation.
The charges contained in the indictment are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
Vermont Ski Area Pays Penalty for Wetlands Violations
A Vermont ski resort has agreed to pay $80,000 for wetlands violations to settle claims by the EPA that it violated the federal CWA when it filled in just over two acres of wetlands and streams and failed to obtain proper permits from the US Army Corps of Engineers (Corps).
According to EPA, a construction company working for Jay Peak Resort, Inc., placed dirt, sand, and rocks into numerous wetlands and streams without a required permit, affecting just over two acres of wetlands and streams during the construction of a golf course between 2004 and 2006.
This case was brought to the attention of EPA by the US Army Corps of Engineers in the spring of 2008. Since then, the Corps and EPA have worked together in pursuing this case.
EPA issued Jay Peak Resort a compliance order in September 2010, requiring that the company restore the affected wetlands and streams. The company worked cooperatively with EPA and the Corps in complying with the order restoring the wetlands and streams prior to the deadlines established in the order. Jay Peak Resort was directed to apply for after-the-fact authorization from the Corps to retain certain areas of fill that appeared to be critical to the project.
The affected streams on the site flow into Jay Branch Brook, which flows into the Missisiquoi River, and then into Lake Champlain.
Wetlands provide valuable habitat for many species of wildlife. They also help to protect the health and safety of people and their communities. They filter and clean water by trapping sediments and removing pollutants, and they provide buffers against floods by storing flood water. Wetlands also store and slowly release water over time, helping to maintain water flow in streams, especially during dry periods.
“Filling wetlands can exacerbate flooding,” said Curt Spalding, regional administrator of EPA’s New England office. “Recent flooding in parts of Vermont underscores how devastating floods can be. Wetlands can help reduce the impact of flooding, because they act like sponges and can reduce the effects that heavy rain storms have on the surrounding communities.”
MotorScience, Inc. Cited for Importing over 24,000 Uncertified Vehicles into the US
EPA has filed a civil complaint against MotorScience, Inc., and the owner of the company, in the US District Court for the Central District of California, for allegedly causing the importation of more than 24,000 uncertified vehicles that do not comply with the CAA’s requirements. Engines operating without proper emissions controls can emit excess carbon monoxide, hydrocarbons, and oxides of nitrogen which can cause respiratory illnesses, aggravate asthma, and contribute to the formation of ground level ozone, or smog.
The complaint alleges that MotorScience, an engine certification services consulting firm located in California, used false or incomplete information to obtain CAA certificates of conformity for four of its clients. The certificates allowed the importation and sale of more than 24,000 recreational vehicles in the US. EPA previously voided 12 certificates submitted by MotorScience on behalf of the four clients. The complaint alleges that vehicles imported under these voided certificates violate the CAA. The complaint further alleges that MotorScience caused its clients to fail to create and maintain records, which its clients were required to keep under the CAA.
The CAA prohibits any vehicle or engine from being imported and sold in the US unless it is covered by an EPA-issued certificate of conformity indicating that the vehicle or engine meets applicable emission standards. The certificate of conformity is the primary way EPA ensures that imported vehicles and engines meet emission standards.
The complaint seeks civil penalties and actions by the company to remedy the violations and mitigate any excess pollutant emissions caused by the violations. This enforcement action is part of an ongoing effort by EPA to ensure that all imported vehicles and equipment comply with the CAA’s requirements.
Food Manufacturer Cited for Clean Air Act Violations
A food manufacturing company from Ward Hill, Massachusetts, faces a possible $108,320 fine for 12 violations of the federal CAA. According to a complaint filed by EPA’s New England office, Cedar’s Mediterranean Foods Inc., violated the Stratospheric Ozone Protection regulations of the federal CAA that establish requirements for the service, maintenance, repair, and disposal of industrial process refrigeration equipment that contains ozone-depleting refrigerant.
The company is incorporated in New Hampshire but is headquartered in Ward Hill. At the Ward Hill facility, Cedar’s runs an industrial refrigerator that contains 8,000 pounds of the refrigerant R-22. Because the unit contains more than 50 pounds of an ozone depleting substance, it is subject to the federal Stratospheric Ozone Protection regulations.
EPA inspected the Ward Hill facility in July 2010, and identified that Cedar’s only refrigeration unit violated federal air regulations, including requirements to repair leaks, to perform initial and follow-up tests after repairing leaks and to keep equipment servicing records. EPA ordered Cedar’s to remedy these violations.
The stratospheric ozone layer protects the Earth from harmful ultraviolet radiation. When CFCs are released into the air, they damage the stratospheric ozone layer and allow harmful ultraviolet radiation to reach the Earth, which can cause non-melanoma skin cancer in people, as well as playing a major role in malignant melanoma development. Exposure to ultraviolet radiation has also been linked to cataract formation, and harm to crops and certain types of marine life.
Ready-Mix Concrete Producer Agrees To Resolve Clean Water Act Violations
Newport Sand and Gravel Co., Inc., and Carroll Concrete Co., Inc., of Newport New Hampshire, will pay a $200,000 civil penalty and implement a compliance program to resolve numerous violations of the CWA at five facilities in Vermont and New Hampshire.
Under the terms of a consent decree, the companies will implement storm water pollution control measures designed to reduce the impacts of storm water discharges into surface waters. The five facilities that are the subject of this consent decree are located in Newport, New Hampshire (two facilities), and the Vermont communities of Berlin, Guildhall, and Swanton. The penalty in this case was reduced to $200,000 based on the financial condition of the companies.
Storm water run-off from industrial facilities can carry sediment, debris, and other pollutants into surrounding waterways. The settlement requires that the company conduct additional monitoring and reporting of storm water discharges, hire personnel certified in storm water management to oversee compliance at all facilities where storm water permits are required, and provide training in storm water management for all operational employees.
The complaint, filed in federal court with the settlement, alleges that CWA violations were discovered after several federal inspections at the companies’ Vermont and New Hampshire facilities. The companies allegedly discharged process waste waters and storm water without proper permits from some facilities. Process waters include waters from sand-and-gravel and concrete production manufacturing operations such as vehicle and equipment cleaning, aggregate processing and washing, and concrete truck washout. The alleged violations also included failure to document routine facility inspections and failure to perform quarterly monitoring and annual evaluations.
The CWA requires that industrial facilities, such as ready-mix concrete plants, and sand and gravel facilities, have controls in place to minimize pollutants from being discharged with storm water into nearby waterways. Each site must have a storm water pollution prevention plan that sets guidelines and best management practices that the company will follow to prevent runoff from being contaminated by pollutants.
Without onsite controls, runoff from ready-mix concrete and sand and gravel facilities can flow directly to the nearest waterway and can cause water quality impairments such as siltation of rivers, beach closings and fishing restrictions, and habitat degradation. As storm water flows over these sites, it can pick up pollutants, including sediment, used oil, pesticides, solvents, and other debris. Polluted runoff can harm or kill fish and wildlife and can affect drinking water quality.
Since being notified of the violations by EPA, the company has made significant improvements to its storm water management systems.
Sivyer Steel Corporation to Pay $54,786 for Hazardous Waste Violations
Sivyer Steel Corporation of Bettendorf, Iowa, has agreed to pay a $54,786 civil penalty and clean up residual used oil that may have leaked from its storage tanks, as part of a settlement with EPA Region 7 for violations of federal hazardous waste regulations at its facility.
According to an administrative consent agreement filed by EPA in Kansas City, Kansas, the Agency inspected Sivyer Steel’s Bettendorf facility, which produces and finishes steel castings, in March 2010. That inspection noted several violations of RCRA, which regulates the storage, treatment, transportation, and disposal of hazardous waste.
Violations cited by the inspection included the operation of a hazardous waste facility without a RCRA permit or interim status, failures to comply with hazardous waste generator requirements, failures to comply with used oil requirements, and failures to comply with universal waste requirements.
As part of the settlement with EPA, Sivyer Steel must act within 30 days to demonstrate that its used oil containers and universal waste lamp containers are properly maintained and labeled, and show that all areas of its facility contaminated by leaks of used oil have been cleaned up. The company must also notify EPA of the existence of any additional areas at its facility that may be contaminated by leaked used oil, and take appropriate remedial action to address them.
OTC Asthma Inhalers with CFCs Cease Sales after December 31, 2011
The US Food and Drug Administration (FDA) says users of epinephrine inhalers containing chlorofluorocarbons (CFCs) should plan now to get a prescription for a replacement product because these inhalers will not be made or sold after December 31, 2011.
Epinephrine inhalers, marketed by Armstrong Pharmaceutical Inc., as Primatene Mist, are the only FDA-approved inhalers for the temporary relief of occasional symptoms of mild asthma that are sold over-the-counter in retail stores without a prescription. The product uses CFCs to propel the medicine out of the inhaler so that consumers can breathe it into their lungs.
However, Primatene Mist will no longer be available by year’s end because no CFC-containing epinephrine inhalers can be made or sold after December 31, 2011, to comply with obligations made under the Montreal Protocol on Substances that Deplete the Ozone Layer. This is an international agreement signed by the US, in which countries agreed to phase-out substances that deplete the ozone layer, including CFCs, after certain dates.
“If you rely on an over-the-counter inhaler to relieve your asthma symptoms, it is important that you contact a health care professional to talk about switching to a different medicine to treat your asthma,” said Badrul Chowdhury, M.D., director of the Division of Pulmonary, Allergy, and Rheumatology Products in the FDA’s Center for Drug Evaluation and Research.
The FDA began public discussions about the use of CFCs in epinephrine inhalers in January 2006. The FDA finalized the phase-out date for using CFCs in these inhalers and notified the public in November 2008. Many manufacturers have changed their inhalers to replace CFCs with an environmentally-friendly propellant called hydrofluoroalkane (HFA). There is currently no HFA version of epinephrine inhalers.
There are, however, many other safe and effective inhalers to treat asthma symptoms. All of these inhalers require a prescription, which must come from a licensed health care professional (physician, physician’s assistant, or nurse practitioner). Current epinephrine inhaler users that don’t have a health care professional to write them a new prescription can ask a family member or friend what doctor they use and would recommend, or they can visit a federally-qualified health center, local clinic, community health center, or minute-clinic (sometimes located in pharmacies) to see a health care professional and get a prescription.
Primatene Mist already carries a prominent notice about the phase-out date on its product label, and the FDA encourages Armstrong Pharmaceutical to further educate consumers as the deadline approaches to ensure an incident-free transition. The agency also will continue to work with retailers and pharmacies to facilitate a smooth phase-out of this CFC product and is prepared to review applications for replacement products.
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Trivia Question of the Week
Which of the following is the most toxic?
a. Plutonium
b. Ricin
c. Hydrogen cyanide
d. Tetanus
