The EPA and US Army Corps of Engineers (Army Corps) recently jointly released a proposed rule to clarify protection under the Clean Water Act for streams and wetlands that form the foundation of the nation’s water resources. The proposed rule will benefit businesses by increasing efficiency in determining coverage of the Clean Water Act. The agencies are launching a robust outreach effort over the next 90 days, holding discussions around the country and gathering input needed to shape a final rule.
For nearly a decade, members of Congress, state and local officials, industry, agriculture, environmental groups, and the public asked for a rulemaking to provide clarity.
It does not protect any new types of waters that have not historically been covered under the Clean Water Act and is consistent with the Supreme Court’s more narrow reading of Clean Water Act jurisdiction.
“We are clarifying protection for the upstream waters that are absolutely vital to downstream communities,” said EPA Administrator Gina McCarthy. “Clean water is essential to every single American, from families who rely on safe places to swim and healthy fish to eat, to farmers who need abundant and reliable sources of water to grow their crops, to hunters and fishermen who depend on healthy waters for recreation and their work, and to businesses that need a steady supply of water for operations.”
“America’s waters and wetlands are valuable resources that must be protected today and for future generations,” said Assistant Secretary of the Army (Civil Works) Jo-Ellen Darcy. “Today’s rulemaking will better protect our aquatic resources, by strengthening the consistency, predictability, and transparency of our jurisdictional determinations. The rule’s clarifications will result in a better public service nationwide.”
The health of rivers, lakes, bays, and coastal waters depend on the streams and wetlands where they begin. Streams and wetlands provide many benefits to communities—they trap floodwaters, recharge groundwater supplies, remove pollution, and provide habitat for fish and wildlife. They are also economic drivers because of their role in fishing, hunting, agriculture, recreation, energy, and manufacturing.
About 60% of stream miles in the US only flow seasonally or after rain, but have a considerable impact on the downstream waters. And approximately 117 million people—one in three Americans—get drinking water from public systems that rely in part on these streams. These are important waterways for which EPA and the Army Corps is clarifying protection.
Specifically, the proposed rule clarifies that under the Clean Water Act and based on the science:
- Most seasonal and rain-dependent streams are protected
- Wetlands near rivers and streams are protected
- Other types of waters may have more uncertain connections with downstream water and protection will be evaluated through a case specific analysis of whether the connection is or is not significant. However, to provide more certainty, the proposal requests comment on options protecting similarly situated waters in certain geographic areas or adding to the categories of waters protected without case specific analysis.
The proposed rule preserves the Clean Water Act exemptions and exclusions for agriculture. Additionally, EPA and the Army Corps have coordinated with the US Department of Agriculture (USDA) to develop an interpretive rule to ensure that 53 specific conservation practices that protect or improve water quality will not be subject to Section 404 dredged or fill permitting requirements. The agencies will work together to implement these new exemptions and periodically review, and update USDA’s Natural Resources Conservation Service conservation practice standards and activities that would qualify under the exemption. Any agriculture activity that does not result in the discharge of a pollutant to waters of the US still does not require a permit.
The proposed rule also helps states and tribes—according to a study by the Environmental Law Institute, 36 states have legal limitations on their ability to fully protect waters that aren’t covered by the Clean Water Act.
The proposed rule is supported by the latest peer-reviewed science, including a draft scientific assessment by EPA, which presents a review and synthesis of more than 1,000 pieces of scientific literature. The rule will not be finalized until the final version of this scientific assessment is complete.
Forty years ago, two-thirds of America’s lakes, rivers, and coastal waters were unsafe for fishing and swimming. Because of the Clean Water Act, that number has been cut in half. However, one-third of the nation’s waters still do not meet standards.
The proposed rule will be open for public comment for 90 days from publication in the Federal Register. The interpretive rule for agricultural activities is effective immediately.
EPA’s New Solvent Wipe, Shop Towel Rule Demystified
- Does the rule apply to both cloth and paper wipes and rags?
- What solvents can be on the towels, and which are prohibited?
- Does the rule also apply to towels that contain characteristic hazardous waste?
- Can P or U-listed wastes be on the towels?
- How must the towels be stored on-site?
- Do they need to be tested for anything?
- How long can they be stored?
- How must the containers be marked or labeled?
- How must they be prepared for transportation?
- Where can you ship them and what are the disposal and recycling options?
- What are the documentation requirements?
- Can the rule be applied to uniforms or spill absorbents?
- How is the new rule impacted by current state regulations?
Philadelphia RCRA and DOT Training
Virginia Beach RCRA and DOT Training
Atlanta RCRA and DOT Refresher, Advanced RCRA, and OSHA GHS Hazard Communication 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.
Supreme Court Rejects Industry Challenge to EPA’s Permitting Authority
Recently the Supreme Court denied the coal mining industry’s request to hear a case against the EPA for vetoing part of a permit for one of the largest and most harmful mountaintop removal coal mines in West Virginia’s history, the Spruce No. 1 mine. By declining to take the case the Supreme Court refused to reverse the lower court’s ruling that EPA has full authority to protect clean water whenever necessary to prevent unacceptable environmental harm. Background information and relevant documents are provided at the end of this release.
New Michigan Law Simplifies Proper Disposal of Drugs, Batteries, and Other Wastes
Governor Snyder signed into law a bill removing regulatory barriers to the collection of materials not suited to traditional landfill disposal. These wastes may contain contaminants difficult to contain, such as mercury or pharmaceuticals. The bill amends Part 115, Solid Waste Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451.
Previously, community spring cleanups, pharmaceutical collection days and similar activities were subject to transfer facility requirements and county solid waste management plan siting and flow controls. Recognizing these requirements have been overly burdensome and an impediment to expanding waste diversion activities throughout the state, the Department of Environmental Quality endorsed amendments to replace these with basic performance standards.
Under the new law, diverted wastes can include hazardous material, liquid waste, pharmaceuticals, electronics, batteries, light bulbs, pesticides, thermostats, switches, thermometers or other devices that contain elemental mercury, sharps, or other wastes approved by the DEQ. These wastes may be generated by households, businesses, or governmental entities.
Waste diversion centers that collect these materials must limit the amount of other trash, have properly trained personnel, not store anything overnight except in a contained area, not store for more than one year, prevent releases of contaminants into the environment and maintain records to document how the materials were managed.
For more information contact the DEQ’s Office of Waste Management and Radiological Protection, Sustainable Material Management Unit at 517-284-6588; or P.O. Box 30241, Lansing, Michigan 48909 7741.
Obama Administration Announces Strategy to Cut Methane Emissions
Last June, President Obama issued a broad-based Climate Action Plan, announcing a series of executive actions to reduce carbon pollution, prepare the US for the impacts of climate change, and lead international efforts to address global climate change. Since June, the Administration has made substantial progress in meeting the ambitious goals laid out in the Climate Action Plan in a way that advances our economy, our environment, and public health. In just the last few months:
- The Department of the Interior (DOI) announced permitting the 50th renewables-related project on federal lands during the Administration—bringing us closer to meeting the goal of siting enough wind and solar projects on public lands by 2020 to power more than 6 million homes
- President Obama directed the EPA and the Department of Transportation to develop fuel economy standards for heavy-duty vehicles to save families money at the pump and further reduce reliance on foreign oil and fuel consumption
- The Department of Energy (DOE) has issued two proposed energy conservation standards for appliances and equipment and finalized two energy conservation standards. That’s on top of the five proposed and two final energy conservation standards DOE has already issued since June. These standards will help cut consumers’ electricity bills by billions of dollars.
- The Department of Agriculture (USDA) announced seven new “climate hubs” to help farmers and ranchers adapt their operations to a changing climate and the President’s Budget proposed a $1 billion in new funding for new technologies and incentives to build smarter, more resilient infrastructure to help communities prepare for a changing climate
- The Administration announced the Climate Data Initiative, an ambitious new effort bringing together extensive open government data and design competitions with commitments from the private and philanthropic sectors to develop data-driven planning and resilience tools for local communities. This effort will help give communities across America the information and tools they need to plan for current and future climate impacts.
- The Administration has continued the work of the US-China Climate Change Working Group that’s working to promote clean energy and transportation solutions in both countries. And we’re working closely with India to accelerate its clean energy revolution and address the impacts of climate change in vulnerable communities.
On March 28, the Administration is releasing another key element called for in the President’s Climate Action Plan—a Strategy to Reduce Methane Emissions. The strategy summarizes the sources of methane emissions, commits to new steps to cut emissions of this potent greenhouse gas (GHG), and outlines the Administration’s efforts to improve the measurement of these emissions. The strategy builds on progress to date and takes steps to further cut methane emissions from landfills, coal mining, and agriculture, and oil and gas systems through cost-effective voluntary actions and common-sense standards. Key steps include:
- Landfills: In the summer of 2014, the EPA will propose updated standards to reduce methane from new landfills and take public comment on whether to update standards for existing landfills.
- Coal Mines: In April 2014, the DOI’s Bureau of Land Management (BLM) will release an Advanced Notice of Proposed Rulemaking (ANPRM) to gather public input on the development of a program for the capture and sale, or disposal of waste mine methane on lands leased by the Federal government.
- Agriculture: In June, in partnership with the dairy industry, the USDA, EPA, and DOE will jointly release a “Biogas Roadmap” outlining voluntary strategies to accelerate adoption of methane digesters and other cost-effective technologies to reduce US dairy sector GHG emissions by 25% by 2020.
- Oil and Gas: Building on success in reducing methane emissions from the oil and gas sector through voluntary programs and targeted regulations, the Administration will take new actions to encourage additional cost-effective reductions. Key steps include:
- In the spring of 2014, EPA will assess several potentially significant sources of methane and other emissions from the oil and gas sector. EPA will solicit input from independent experts through a series of technical white papers, and in the fall of 2014, EPA will determine how best to pursue further methane reductions from these sources. If EPA decides to develop additional regulations, it will complete those regulations by the end of 2016.
- Later this year, the BLM will propose updated standards to reduce venting and flaring from oil and gas production on public lands.
- As part of the Quadrennial Energy Review, and through DOE-convened roundtables, the Administration will identify “downstream” methane reduction opportunities. Through the Natural Gas STAR program, EPA will work with the industry to expand voluntary efforts to reduce methane emissions.
According to a statement issued by the White House, taking action to curb methane waste and pollution is important because emissions of methane make up nearly 9% of all the GHG emitted as a result of human activity in the US. Since 1990, methane pollution in the US has decreased by 11%, even as activities that can produce methane have increased. However, methane pollution is projected to increase to a level equivalent to over 620 million tons of carbon dioxide pollution in 2030 absent additional action to reduce emissions.
The White House Statement asserted that reducing methane emissions is a powerful way to take action on climate change; and putting methane to use can support local economies with a source of clean energy that generates revenue, spurs investment and jobs, improves safety, and leads to cleaner air. When fully implemented, the Administration said that its policies in the methane strategy will improve public health and safety while recovering otherwise wasted energy to power our communities, farms, factories, and power plants.
EPA Revises Definition of Volatile Organic Compounds
This direct final action adds 2-amino-2-methyl-1-propanol (also known as AMP; CAS number 124-68-5) to the list of compounds excluded from the regulatory definition of VOCs on the basis that this compound makes a negligible contribution to tropospheric ozone formation.
Metal Recycling Facility and Property Owner Charged for Criminal Hazardous Waste Violations
The Los Angeles City Attorney has filed a criminal complaint against a Sun Valley metal recycler and the facility’s property owner. The criminal enforcement action resulted from a joint investigation by the Department of Toxic Substances Control (DTSC) and the Los Angeles County Fire Department, Health Hazardous Materials Division.
Named in the complaint are Jose Guadalupe Romero, owner of JGR Metal Recycling, Inc., located at 12278 Branford Street, and the property owners, the Istrin Family Trust; the Herman and Gertrude Istrin Family Trust; and Herman Istrin, a trustee for the Istrin Family Trust.
The complaint alleges that the defendants disposed of heavy metals including chromium, lead, cadmium, and zinc at JGR Metal Recycling, Inc., which is not authorized to receive these materials. In addition, the complaint alleges that the defendants failed to minimize the potential release of hazardous waste at the Sun Valley facility; properly train personnel to manage hazardous waste; make proper hazardous waste determinations; and to label and properly manage containers of hazardous waste. The complaint charges 14 misdemeanor counts for violations of the California Health and Safety Code and one misdemeanor count for a violation of the Los Angeles Municipal Code.
“This sends a strong signal to those who violate our hazardous waste laws,” said Brian Johnson, DTSC Deputy Director of the Hazardous Waste Management Program. “DTSC supports the Los Angeles City Attorney’s prosecution of the facility operator as well as the property owner of the site where the alleged violations occurred.”
The collaboration between DTSC and the Los Angeles County Fire Department’s Health Hazardous Materials Division is part of a Metal Recycling Enforcement Initiative that DTSC launched in the fall of 2012. The initiative focuses inspection and enforcement activities on metal recycling facilities and the threats they pose to surrounding communities. DTSC has conducted 14 investigations throughout the state since the start of the initiative.
Junkyard Operator Failed to Report Release of Hazardous Materials
The former owner of a large parcel of land in Leominster and Sterling was found guilty and sentenced for failing to report the presence of environmental contamination on his property to the Massachusetts Department of Environmental Protection (MassDEP).
After a three-day jury trial, Paul Lukashuk, age 70, of Paragould, Arkansas, was found guilty on Wednesday by a Worcester Superior Court jury on the charges of Failing to Notify MassDEP of the Release of Hazardous Materials (1 count) and for Conveying Land on Which Hazardous Waste was Disposed Without Notice of Disposal Being Recorded in the Registry of Deeds (1 count).
After the guilty verdict was returned, Judge Richard T. Tucker sentenced Lukashuk to 18 months in the House of Correction, suspended for a probationary period of five years. Judge Tucker also imposed the condition that Lukashuk be prohibited from handling or managing solid waste or hazardous materials.
“This defendant violated environmental law by not notifying the appropriate authorities about hazardous waste discovered on his property,” said AG Coakley. “This result holds him responsible for intentionally skirting laws intended to protect the public and the environment.”
“Owners of properties that contain hazardous materials must be transparent about the contaminants on their sites or they put unknowing buyers and nearby residents at potential risk of harm,” said MassDEP Commissioner David W. Cash. “This case sends clear message that property owners must do the right thing to fully protect the public health or they will pay a heavy price.”
According to authorities Lukashuk’s former 31-acre property located along Route 12 at 1537 Central St. in Leominster and that stretched into Sterling, was the site of a scrap yard and recycling facility for decades. In 2000, a potential purchaser of the property retained an environmental engineering firm to assess the environmental condition of the property. The engineering firm determined that approximately four acres of the parcel on the Leominster portion of the property was contaminated with PCBs, cadmium, and lead. The potential purchaser withdrew from the purchase, citing concerns about the contamination and other permitting issues.
At the time, Lukashuk was notified of the report and the contamination on his property, but failed to report it to MassDEP, as required by the Massachusetts Oil and Hazardous Material Release and Prevention Act. When Lukashuk sold the property to another purchaser in 2005, he did not record a notice that hazardous waste was disposed of on the property at the Registry of Deeds, as required under the state’s Hazardous Waste Management Act.
This result stems from an investigation by the Massachusetts Environmental Strike Force, an interagency unit, which is overseen by AG Coakley, Energy and Environmental Affairs Secretary Rick Sullivan, and MassDEP Commissioner David W. Cash. The Strike Force comprises prosecutors from the Attorney General’s Office, Environmental Police Officers assigned to the Attorney General’s Office, and investigators and engineers from the MassDEP who investigate and prosecute crimes that harm or threaten the state’s water, air, or land and that pose a significant threat to human health.
Phillips 66 Takes Steps Toward Reducing Pollution from Vehicles
EPA announced that the Houston, Texas-based Phillips 66 Company recently agreed to retire over 21 billion sulfur credits that could have been used in the production of gasoline, which could potentially lead to significantly less pollution from vehicles.
Phillips 66 Company is an independent downstream energy company with refining, marketing, midstream, and chemicals businesses operating globally. Phillips 66 Refining operations include 15 refineries with a net crude oil capacity of 2.2 million barrels per day.
The EPA also alleged that the company failed to comply with recordkeeping, reporting, sampling, and testing requirements at the Sweeny Refinery in Old Ocean, Texas, the Alliance Refinery in Belle Chasse, Louisiana, the Wood River Refinery in Roxana, Illinois, the Lake Charles Refinery in Westlake, Louisiana, the Borger Refinery in Borger, Texas, and several terminals across the country. EPA discovered these violations during facility inspections and through a review of company records, which included the results of third-party company audits required by the Clean Air Act.
The sampling, testing, recordkeeping, and reporting requirements of the fuels program provide the foundation for EPA’s compliance program. The EPA’s fuel regulations require that all fuel produced, imported and sold in the United States must meet certain standards.
The goal of the Clean Air Act program that regulates sulfur in gasoline is to minimize emissions from vehicles and to ensure emissions control systems function effectively. Under this program, refiners can generate credits by producing gasoline that contains less sulfur than the applicable standard, and can sell those credits to other refiners that may be unable to meet the standard.
EPA recently announced new emission standards for cars and the sulfur content of gasoline that will significantly reduce harmful pollution and prevent thousands of premature deaths and illnesses, while also enabling efficiency improvements in cars and trucks. These cleaner fuel and car standards are an important component of the administration’s national program for clean cars and trucks, which also include historic fuel efficiency standards that are saving new vehicle owners at the gas pump.
The administrative settlement became effective in late February.
Five Washington Companies to Correct EPCRA Violations
Five companies in Washington have agreed to correct errors in reporting hazardous chemicals as required by federal laws designed to protect communities during chemical emergencies. The companies have agreed to correct the violations and pay fines.
“First responders depend on accurate chemical storage information from companies during emergencies,” said Kelly McFadden, Manager of the Pesticides and Toxics Unit in the EPA Seattle office. “These laws are designed to protect communities and first responders from hazardous chemicals in an emergency.”
The hazardous chemicals the companies stored have known environmental and human health impacts.
Thermo Fluids, Inc.
Thermo Fluids, Inc., is a Delaware-based company specializing in industrial waste management and used fuel recycling with facilities in Sumner and Spokane. In 2011, the company failed to report in a timely manner its storage of approximately 807,000 lb of used motor oil, 80,000 lb of antifreeze, and an additional 178,000 lb of antifreeze at two Sumner facilities; and 742,000 lb of used motor oil and 99,000 lb of antifreeze at its Spokane facility.
The company provides recycling services for used motor oil and antifreeze.
The company corrected the reporting violations and paid a $155,400 fine.
TruGreen L.P.
TruGreen L.P. is a Delaware-based company specializing in lawn care with a facility in Puyallup. In 2011, the company failed to report in a timely manner its storage of approximately 188,000 lb of urea; 188,000 lb of potassium chloride; 64,000 lb of ferrous sulfate; 77,000 lb of ammonium sulfate; and 51,000 lb of calcium carbonate.
In 2012, the company failed to report in a timely manner its storage of 485,000 lb of stored hazardous chemicals including ferrous sulfate, urea, potassium chloride, calcium carbonate, and potash.
The company uses the chemicals for lawn care services.
The company corrected the reporting violations and paid a $53,300 fine.
CLP Enchanted Village, LLC
CLP Enchanted Village, LLC operates the Wild Waves Theme Park in Federal Way. In 2010 and 2011, the facility failed to report in a timely manner its storage of approximately 47,000 lb of sodium hypochlorite and 12,000 lb of hydrochloric acid.
The company uses the chemicals to clean and maintain pools and water rides.
As part of the settlement, the facility agreed to purchase safety equipment and place it near hazardous chemicals for use in emergencies.
The company corrected the reporting violations and paid a $16,347 fine.
Fleischmann’s Vinegar Company, Inc.
Fleischmann’s Vinegar Company, Inc. owns a Sumner facility that produces vinegar for industrial use. In 2011, the company failed to report in a timely manner its storage of approximately 304,000 lb of ethyl alcohol; 2,575 lb of sodium hydroxide; and 2,300 lb of anhydrous ammonia.
The company uses the chemicals for producing vinegar.
As part of the settlement, the company agreed to construct a secondary containment system that will reduce the risk of a hazardous chemical release into the environment.
The company corrected the reporting violations and paid a $15,600 fine.
Targa Sound Terminal
Targa Sound Terminal is a Delaware-based company with a facility on the Tacoma waterfront. The company provides bulk liquid and petroleum logistic services using trail, marine vessels, and trucks to transport products. From 2008 to 2010, the company failed to report in a timely manner its storage of fuel oil averaging 70,000,000 lb; denatured ethanol averaging 6,000,000 lb; #2 diesel averaging 6,000,000 lb; asphalt averaging 3,000,000 lb; and propane averaging 360,000 lb.
As part of the settlement, the company agreed to donate safety equipment and hazardous material cleanup kits to Graham Fire and Rescue, Pierce Fire and Rescue, and the Tacoma Fire Department.
The company corrected its reporting violations and paid a $13,435 fine.
EPA Agreement with Vehicle and Engine Company Requires Imports to Meet Federal Emission Limits
The company will pay $630,000 in civil penalties and will also post a $300,000-$500,000 bond to satisfy any future potential penalties related to importation of model year 2014, 2015, and 2016 vehicles manufactured by China Lifan Industry (Group) Co., Ltd, or affiliated companies. This is the first time that the EPA has secured such a bond in a Clean Air Act settlement.
“Mobile sources of pollution can threaten the clean air that we all depend on for active, healthy lives,” said Cynthia Giles, Assistant Administrator of EPA’s Office of Enforcement and Compliance Assurance. “EPA will continue to hold importers of foreign-made vehicles accountable for meeting US emission limits put in place to protect Americans from harmful air pollution.”
The EPA also alleges that the company failed to provide purchasers with the full emissions warranty required by the Clean Air Act; imported and sold vehicles without proper emission labels; and failed to follow recordkeeping requirements.
In October 2013, EPA voided 45 invalid certificates of conformity held by the company, which affected over 21,000 additional model year 2006-2011 highway motorcycles and recreational vehicles.
The EPA and US Department of Homeland Security’s Bureau of Customs and Border Protection discovered the violations through inspections conducted at the Dallas/Fort Worth Service Port and the Los Angeles/Long Beach Seaport, and through a comprehensive review of documents provided by the company.
The Clean Air Act requires that all vehicles have EPA-issued certificates of conformity, warranty, and labeling prior to being imported or sold in the United States to demonstrate that they meet federal emission standards. Engines that do not have proper emissions controls can emit excess carbon monoxide, hydrocarbons, and nitrogen oxides, which can cause respiratory illnesses, aggravate asthma, and contribute to the formation of ground level ozone or smog.
In a similar action last month, a Chinese company, CFMOTO, and its US distributor agreed to implement corrective measures related to the illegal import of over 12,000 recreational vehicles and highway motorcycles.
American Lifan, based in Dallas, Texas until 2013, imports highway motorcycles, recreational vehicles, gasoline engines, and gasoline-powered generators, manufactured by Lifan Industry (Group) Co., Ltd., Chongqing Lifan Industry (Group) Imp. & Exp. Co., Ltd., China Lifan Industry (Group) Co., Ltd. and Chongqing Lifan Power Co., Ltd.
Air Pollution is Killing Millions Around the World, says World Health Organization
An estimated seven million people around the world in 2012 died prematurely as a result of air pollution– making dirty air the largest single environmental health risk we face, the World Health Organization reported recently. The mortality rate more than doubles the organization’s previous estimate.
The following is a statement by Frances Beinecke, president of the Natural Resources Defense Council:
“This alarming news should spur policymakers from Washington to Beijing to take immediate and more vigorous actions to limit the toxic brew in our air, from ozone and mercury to lead and carbon dioxide emissions from our vehicles and power plants.
“The WHO is telling us that it is in our power to save millions of people from dying prematurely from cancer, heart diseases, strokes, and respiratory ailments. We owe it to ourselves and future generations. Let’s get busy.”
Seven Arrested for Knowingly Submitting False Records to DEQ
The Louisiana Environmental Crimes Task Force completed the arrests of seven individuals for knowingly filing or maintaining false public records with DEQ in connection with the vehicle emissions program. Investigators within the Criminal Investigation Division of DEQ, the EPA and the Department of Public Safety conducted the multi-agency investigation, which focused on the following businesses:
- Terry’s Exxon, 117 N. Airline Highway, Gonzales
- Mudiea’s Car Care, 4149 Florida Blvd., Baton Rouge
- Franklin’s Auto, 2154 Monroe Ave., Baton Rouge
The seven individuals who have been arrested and the counts against them are:
- Yolande Ledet, 44, (Terry’s Exxon), arrested on March 19, 17225 Trinidad Drive, Prairieville, 65 counts of filing a false public document
- Chad Ledet, 41, (Terry’s Exxon), arrested on March 19, 17225 Trinidad Drive, Prairieville, 29 counts of filing a false public document
- Duc “Michael” Nguyen, 24, (Mudiea’s Car Care), arrested on March 24, 775 Doncaster Drive, Baton Rouge, 28 counts of filing a false public document
- Canh Nguyen, 48, (Mudiea’s Car Care), arrested on March 24, 775 Doncaster Drive, Baton Rouge, nine counts of filing a false public document
- Haytham Amous, 48, (Mudiea’s Car Care), arrested on March 20, 415 Bancroft Way, Baton Rouge, five counts of filing a false public document
- Jerry Franklin, 34, (Franklin’s Auto), arrested on March 24, 2014, 4683 Yvonne Drive, Baton Rouge, 38 counts of filing a false public document
- Michael Edwards, 38, (Franklin’s Auto), arrested on March 24, 3423 Anna St., Baton Rouge, 24 counts of filing a false public document
Investigators have obtained an arrest warrant for Hoc D. Nguyen, 775 Doncaster Drive, Baton Rouge for 69 counts of filing false public documents. Investigators learned that Hoc D. Nguyen is out of the country. He is expected to return in April and will be met by investigators.
Under state law, owners of vehicles registered in the five-parish ozone non-attainment area of East Baton Rouge, Livingston, Ascension, Iberville, and West Baton Rouge parishes are required to participate in annual vehicle emissions testing during their annual vehicle safety inspection at state-certified testing locations. The vehicle emissions program is designed to identify vehicles with emissions equipment problems. Vehicles with partially or non-functioning emissions equipment contribute to high ozone levels in the five-parish non-attainment area.
Results of the vehicle emissions tests are collected and submitted electronically to DEQ by the businesses certified to conduct the testing. Vehicles weighing more than 10,000 lb are exempt from emissions testing requirements.
During the past two years, investigators allege that employees working for the three businesses participated in various schemes to pass vehicles for emissions testing. One of the schemes involved manually changing vehicle weights in the computer system so that their weights were listed at more than 10,000 lb. Another scheme involved using data from a vehicle that was known to pass the emissions test and then manually switching the vehicle identification information with the vehicle that failed the emissions test. Under each scheme, the false information was then submitted electronically to DEQ.
“We are committed to pursuing, arresting, and prosecuting any individuals who violate the laws that protect the public health and environment of Louisiana,” DEQ Secretary Peggy Hatch said. “Our CID personnel, working with Louisiana State Police and the EPA, did an exemplary job in this case.”
“Complete and accurate tests of vehicle emissions are necessary to protect the public from harmful air pollutants,” said Ivan Vikin, Special Agent in Charge of EPA’s criminal enforcement program in Louisiana. “This case is a textbook example of government agencies working together to protect the public and the environment. Inspectors who knowingly falsify emissions documents will be prosecuted to the fullest extent of the law.”
If convicted of the crime of knowingly filing or maintaining a false public record to DEQ, each of the accused face possible imprisonment for not more than five years with or without hard labor, or a fine of not more than $5,000, or both for each count.
New Jersey Launches Program to Help Prevent Illegal Dumping in State Parks
The Department of Environmental Protection (DEP) recently launched a yearlong pilot program to crack down on illegal dumping in state parks and natural lands through a combined tough new enforcement effort and enhanced education initiative, DEP Commissioner Bob Martin announced.
The DEP’s “Don’t Waste Our Open Space” campaign was kicked off at two press conferences and cleanup events simultaneously held at the D&R Canal State Park in Franklin Township, Somerset County, and at Brendan Byrne State Forest in Woodland Township, Burlington County.
“Too often, we see our most pristine properties and favorite getaways fall victim to illegal dumpers, who have no regard for the environment, wildlife, or people who enjoy the outdoors,” Commissioner Martin said during the event in Franklin Township. “The goal of this crackdown is to let violators know their actions will not be tolerated and that there will be consequences for what they do. At the same time, the success of this initiative also will be determined by raising public awareness on this issue and to encourage our residents to get involved in this effort.”
Also involved are State Police and the Attorney General’s Office for an effort that also will seek the cooperation of municipalities, county park systems, and local police throughout the state.
Nearly all of the state’s more than 170 publicly owned tracts, including state parks, state forests, wildlife management areas, and natural lands and preserves, have been impacted by illegal dumping. These lands account for 813,000 acres of state-preserved open space.
“Debris that is left behind by illegal dumpers is not only unsightly, but it pollutes these properties we cherish,” said State Park Director Mark Texel. “It is potentially harmful to public health, wildlife, and ecosystems. It also wastes the previous cleanup efforts of volunteers and puts the costs of cleanups on the taxpayer. We hope this program will result in a decrease of illegal dumping on state lands.”
Illegal dumping, which includes everything from unlawful disposal of construction debris and old TVs and computers to the dumping of car parts and tires—and even entire vehicles—has been a growing problem in the state’s vast natural holdings in all 21 counties in recent years.
There also will be information on how to legally and properly dispose of various materials, opportunities for visitors to join the Don’t Waste Our Open Space campaign, and receive information about cleanup opportunities around the state.
Strategically deployed motion-sensor cameras set up in select state parks and wildlife management areas to help nab violators. In addition, information on arrests and charges filed in connection with illegal dumping will be posted on the new website.
Aggressive pursuit of civil and criminal complaints against violators. Penalties for illegal dumping in state parks and in fish and wildlife areas will include criminal fines of up to $5,000 per violation and civil penalties of up to $1,500 per violation. In addition, the state also will seek much stiffer penalties for major violations through the Solid Waste Management Act, which authorizes the DEP and county health departments to initiate civil actions for illegal dumping violations.
More warning and education signs about illegal dumping on state lands, while also exploring additional secondary deterrents such as installation of road barricades and additional lighting in areas prone to violations.
The progress of the “Don’t Waste Our Open Space” pilot program will be evaluated after one year. If education and enforcement measures prove successful, the DEP is hopeful it will serve as a model for county systems in New Jersey or other states throughout the country.
“Raising awareness of this problem is just part of the solution,” said DEP Deputy Commissioner Michele Siekerka. “We hope the mix of increased enforcement, combined with education and stewardship, will result in an improved environment in our natural areas and result in a better experience for those who enjoy our state lands.”
New Study Shows Major Increase in West Antarctic Glacial Loss
Six massive glaciers in West Antarctica are moving faster than they did 40 years ago, causing more ice to discharge into the ocean and global sea level to rise, according to new research.
The amount of ice draining collectively from those half-dozen glaciers increased by 77% from 1973 to 2013, scientists report this month in Geophysical Research Letters, a journal of the American Geophysical Union. Pine Island Glacier, the most active of the studied glaciers, has accelerated by 75% in 40 years, according to the paper. Thwaites Glacier, the widest glacier, started to accelerate in 2006, following a decade of stability.
The study is the first to look at the ice coming off the six most active West Antarctic glaciers over such an extended time period, said Jeremie Mouginot, a glaciologist at University of California-Irvine (UC-Irvine) who co-authored the paper. Almost 10% of the world’s sea-level rise per year comes from just these six glaciers, he said.
“What we found was a sustained increase in ice discharge—which has a significant impact on sea level rise,” he said.
The researchers studied the Pine Island, Thwaites, Haynes, Smith, Pope, and Kohler glaciers, all of which discharge ice into a vast bay known as the Amundsen Sea Embayment in West Antarctica.
The amount of ice released by these six glaciers each year is comparable to the amount of ice draining from the entire Greenland Ice Sheet annually, Mouginot said. If melted completely, the glaciers’ disappearance would raise sea levels another 1.2 meters (four feet), according to co-author and UC-Irvine Professor Eric Rignot.
The decades of increasing speeds and ice loss are “a strong indication of a major, long-term leakage of ice into the ocean from that sector of Antarctica,” noted Rignot.
“This region is considered the potential leak point for Antarctica because of the low seabed. The only thing holding it in is the ice shelf,” said Robert Thomas, a glaciologist at the NASA Wallops Flight Facility, in Wallops Island, Virginia, who was not involved in the study. Ice shelves are platforms of permanent floating ice that form where glaciers meet the sea. In West Antarctica, ice shelves prevent the glaciers investigated in the study from slipping more rapidly into the ocean.
Mouginot and his colleagues used satellite data to look at sequential images of the glaciers from 1973 to 2013. The scientists then calculated how fast the ice was moving by tracking surface features, such as cracks in the ice, to determine the distance the glaciers traveled from month to month and year to year.
While the study considered the six glaciers collectively, it also revealed unprecedented change on the individual glacier level. Thwaites Glacier, the largest of the six with a width of 120 kilometers (75 miles), experienced a decade of near-stability until 2006, when its speed picked up by 0.8 kilometers (half a mile) per year—a 33% increase in speed, according to the study. This is the first time that such changes on Thwaites Glacier have been observed, said Mouginot.
Of all the glaciers in the study, Pine Island Glacier accelerated the most since 1973, increasing by 1.7 kilometers (one mile), per year. That’s a 75% increase in speed from approximately 2.5 kilometers (1.5 miles) per year in 1973 to 4 kilometers (2.5 miles) per year in 2013.
Both Pine Island and Thwaites glaciers contribute the most to overall ice discharge—about three-fourths of the total amount documented in the study. However, scientists also documented even higher rates of increased discharge in some of the smaller glaciers. Smith and Pope Glaciers nearly tripled the amount of ice they drained into the ocean since 1973.
The research team also found that the Pine Island Glacier is accelerating along its entire drainage system—up to 230 kilometers (155 miles) inland from where it meets the ocean.
“This paper is important in showing that a glacier can actually ‘feel’ what is happening far downstream of itself,” said Thomas. “It means that if you disturb the ice sheet near the coast, the glaciers will feel the push and rapidly respond hundreds of kilometers inland.”
This finding suggests that glacier acceleration models may need to be reevaluated, Thomas added. Most current models only take into account isolated speed changes resulting from a local disturbance, rather than representing how these changes affect the glacier as a whole.
Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles - Phase 2
During the President’s second term, EPA and the Department of Transportation, in close coordination with the California Air Resources Board, will develop a comprehensive National Program for Medium- and Heavy-Duty Vehicle Greenhouse Gas Emission and Fuel Efficiency Standards for model years beyond 2018.
These second sets of standards, which EPA plans to publish by February, 2015, would further reduce GHG emissions and fuel consumption from a wide range of on-road vehicles from semi-trucks and their trailers to the largest pickup trucks and vans, and all types and sizes of work trucks and buses. This action will be in continued response to the President’s directive to take coordinated steps to produce a new generation of clean vehicles. The program would benefit consumers and businesses by reducing the costs for transporting goods while spurring job growth and innovation in the clean energy technology sector. This action follows the first ever Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles (75 FR September 15, 2011).
Environmental News Links
Trivia Question of the Week
What percentage of the world’s land mass is covered in glaciers?
a. 10
b. 20
c. 30
d. 50