EPA to Regulate Coal Ash

The settlement does not dictate the content of the final regulation, but it confirms that the agency will finalize a rule by a date certain after years of delay.

The settlement is in response to a lawsuit brought in 2012 by Earthjustice on behalf of Appalachian Voices (NC); Chesapeake Climate Action Network (MD); Environmental Integrity Project (D.C., PA); Kentuckians For The Commonwealth (KY); Moapa Band of Paiutes (NV); Montana Environmental Information Center (MT); Physicians for Social Responsibility (DC); Prairie Rivers Network (IL); Sierra Club (CA); Southern Alliance for Clean Energy (eight southeast states); and Western North Carolina Alliance (NC).

The EPA has never finalized any federal regulations for the disposal of coal ash—the nation’s second largest industrial waste stream.

Taking overdue action to safeguard communities from coal ash was the first promise the Obama Administration made to the American public. Former EPA Administrator Lisa Jackson vowed to finalize coal ash regulations following a spill in Kingston, TN, where over a billion gallons of coal ash burst through a dam and damaged or destroyed two dozen homes and 300 acres of riverfront property. In the aftermath of that disaster, the EPA proposed various regulatory options in May 2010 and held seven public hearings in August and September of that year. Environmental and public health groups, community organizations, Native American tribes and others generated more than 450,000 public comments on EPA’s proposed regulation, calling for the strongest protections under the law. But since then, despite coal ash contamination at more than 200 sites nationwide, the agency has failed to finalize the protections under pressure from industry, the White House and some members of Congress.

The following statement is made on behalf of the organizations involved in this lawsuit:

“Now we have certainty that EPA is going to take some action to protect us and all of the hundreds of communities across the country that are being poisoned by coal ash dumps. Since the disaster in Kingston, we have seen more tragic spills, and the list of sites where coal ash is contaminating our water keeps growing. Today, we are celebrating because the rule we need is finally in sight.

“But this deadline alone is not enough. EPA needs to finalize a federally enforceable rule that will clean up the air and water pollution that threatens people in hundreds of communities across the country. Coal ash has poisoned too many lakes, rivers, streams and groundwater aquifers. It is time to close dangerous unlined ash impoundments like the one that burst at Kingston.

“Utility companies need to stop dumping ash into unlined pits and start safely disposing of ash in properly designed landfills. Groundwater testing is needed at these ash dumps, data needs to be shared with the public, and power companies must act promptly to clean up their mess. A rule that requires anything less than these common-sense safeguards will leave thousands of people who live near ash dumps in harm’s way.”

EPA’s New Solvent Wipe, Shop Towel Rule Demystified

Beginning this month, this new rule will provide significant new exclusions for shop towels and wipes, provided you manage them correctly. In this webcast, you will learn:

• 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?
• How is the new rule impacted by current state regulations?

Attend Environmental Resource Center’s Solvent Wipe Rule webcast on February 21 or February 27 and get the facts you need to comply with the new rule.

Tampa RCRA and DOT Training

 

Dallas RCRA and DOT Training

 

Chicago RCRA, DOT, and IATA/IMO 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.

 

ASTM Standard Guide for Greener Cleanups

EPA representatives worked with ASTM International, a standard developing organization, to develop a standard guide intended to encourage property owners, regulatory agencies, responsible parties, developers, and communities to voluntarily use greener practices for contaminated site cleanup. 

EPA Wants Public Impact on Ways to Prevent Chemical Disasters

Join the New Jersey Work Environment Council in Newark, New Jersey for President Obama's Listening Session. President Obama has issued an Executive Order on Chemical Safety and Security, directing federal agencies to develop stronger measures to address this danger. Across the country, federal agencies including the US Department of Homeland Security are holding listening sessions to get public input. 

Baltimore Companies Cited for Hazardous Waste Violations

 

In a separate agreement with EPA, the companies further agreed to conduct a facility investigation including monitoring, testing, and analytical activities to ascertain the nature and extent of any hazard to human health or the environment from the release of any hazardous waste from the facility. This facility, which is owned by Monument and operated by American Plating, is located at 4000 – 4008 East Monument St., Baltimore, Maryland.

 

During two RCRA compliance evaluation inspections of the facility, EPA inspectors observed conditions and operating practices that could result in the potential release of hazardous waste to the air, soil, or surface water, which could threaten human health and the environment.

The violations involved hazardous waste stored at the facility, including wastewater treatment sludges from electroplating operations, cyanide-containing spent zinc plating bath solution, and ignitable plating bath residues.

The alleged violations included the failure to properly date and label containers of hazardous waste; improper management of hazardous waste containers; failure to provide and document required employee training in hazardous waste management; and failure to make timely hazardous waste determinations for several of the waste streams generated at the facility.

As part of these settlements, the two companies have agreed to pay the monetary penalty, take specific corrective measures to return the facility to RCRA compliance, and conduct a RCRA Facility Investigation. The companies have neither admitted nor denied liability for the alleged violations.

EPA Releases Climate Assessment Update To National Stormwater Calculator

The updated calculator includes future climate vulnerability scenarios.

The calculator, a part of President Obama’s Climate Change Action Plan, is a desktop application that estimates the annual amount of stormwater runoff from a specific location. The Calculator now includes changes in seasonal precipitation levels, the effects of more frequent high-intensity storms, and changes in evaporation rates based on validated Intergovernmental Panel on Climate Change climate change scenarios.

“Climate change threatens our health, our economy, and our environment,” said Gina McCarthy, EPA Administrator. “As part of the President’s Climate Action Plan, this tool will help us better prepare for climate impacts by helping build safer, sustainable, and more resilient water infrastructure”

The updated calculator includes climate models that can be incorporated into the calculation of stormwater runoff. This adds future climate scenarios to last year’s phase I release, which included local soil conditions, slope, land cover, historical rainfall records.

Users can enter any US location and select different scenarios to learn how specific green infrastructure changes, including inexpensive changes such as rain barrels and rain gardens, can reduce stormwater runoff. This information shows users how adding green infrastructure, which mimics natural processes, can be one of the most cost-effective ways to reduce stormwater runoff.

Every year billions of gallons of raw sewage, trash, household chemicals, and urban runoff flow into our streams, rivers and lakes. Polluted stormwater runoff can adversely affect plants, animals, and people. It also negatively impacts our economy—from closed beaches to decreased fishing in polluted areas. Green infrastructure can reduce the damage caused by climate change by improving water quality in streams and rivers, protecting groundwater sources, and enhancing recreational activities. 

2014 Greenest and Meanest Vehicles List

Looking forward to vehicle sales above 16 million in 2014 for the first time in seven years, automakers are capitalizing on the market upswing by offering customers a vast array of vehicle options.

Following closely behind are the Toyota Prius C and the Nissan Leaf with scores of 57 and 55 respectively. Toyota’s entire family of Priuses performs exceedingly well again this year, with the regular Prius and the Prius plug-in hybrid nabbing spots #4 and #7. Other top scorers for 2014 include the Honda Civic Hybrid (#5), Lexus CT 200H (#6), Honda Insight (#10), and the Volkswagen Jetta Hybrid (#12). Making its return to the “Greenest” list after an absence last year is the Honda Civic Natural Gas vehicle (#9).

New to the list this year is the Mitsubishi Mirage, Mitsubishi’s new subcompact offering for the American market. With a Green Score of 55, the gasoline vehicle takes the 8th spot on our list. The only other non-hybrid gasoline model to make the list this year is the Smart ForTwo, which placed at #11.

“We’ve had such an influx of hybrid and electric vehicles in recent years that the race to earn a spot on the “Greenest” list is more competitive than ever, particularly for conventional vehicles. It’s encouraging to see automakers investing heavily in eco-savvy vehicles on the whole,” said American Council for an Energy-Efficient Econom (ACEEE) lead vehicle analyst Shruti Vaidyanathan.

“From the rise in the number of efficient vehicles in car-sharing and car rental fleets to the myriad advanced technology vehicle choices available to consumers, the leading edge of the US auto market is evolving rapidly,” said Steve Nadel, ACEEE’s Executive Director.

This “Greener Choices” list includes trucks and SUVs such as the Buick Encore, Nissan Rogue, and the Ram 1500 HFE. The Chevrolet Spark and Nissan Juke top their respective car classes. As the list demonstrates, consumers can make “greener choices” whatever their vehicle needs may be. Domestic manufacturers claimed four of the twelve “Greener Choices” spots.

The site assigns each vehicle a “Green Score,” a singular measure that incorporates lifecycle greenhouse gas (GHG) and criteria pollutant emissions.  These include updates to in-use emissions of methane and nitrous oxides, evaporative emissions estimates, and gasoline, diesel, and natural gas “upstream” emissions. Vehicles not intended to achieve significant sales volumes are not eligible for spots on the “Greenest” list.

The “Meanest” list this year is comprised of heavier light-duty vehicles and European sports cars that are the least friendly to the environment. The dirtiest vehicle for 2014 is the Class 2B Ram 2500 with a Green Score of 18, followed by the Bugatti Veyron and the Ford E-150 FFV Wagon with scores of 19 and 21 respectively. Special use vans above 8,500 lb are given a Green Score but are not included on the “Meanest” list.

In addition to highlighting the year’s “Greenest,” “Meanest,” “Greener Choices,” and best-in-class lists, the greenercars.org website features informational write-ups on model year 2014 highlights, a consumer primer on vehicles and the environment, and advice on how to buy green when shopping for a new car or truck.

 

EPA Proposes Pollution Controls at Six Arizona Facilities

EPA is proposing pollution controls at six facilities in Arizona to improve visibility at national parks and wilderness areas.

EPA is proposing a federal plan to limit emissions such as nitrogen oxides and sulfur dioxide tailored to six facilities: Tucson Electric Power’s Sundt Plant in Tucson, Chemical Lime Nelson in Peach Springs, ASARCO’s Hayden Smelter, Freeport McMoran’s Miami Smelter, Phoenix Cement Company’s Clarkdale plant and CalPortland Cement Company’s Rillito plant. As a part of this process, EPA also evaluated other sources but is not proposing to require any additional controls on these other sources at this time.

EPA estimates the proposal would reduce sulfur dioxide by almost 30,000 tons per year and nitrogen oxides by 3,100 tons per year.

EPA will hold public hearings on February 25, 2014, in Phoenix and on February 26, 2014, in Tucson and will accept comments for 45 days after publication in the Federal Register. A final determination will be made by June 27, 2014.

EPA Settles with Virginia Military Sites for UST Violations

 

These settlements address alleged non-compliance with federal and state environmental safeguards designed to prevent, detect, and control leaks of petroleum and other hazardous substances from underground fuel tanks.

The US Army paid a $41,427 penalty for allegedly failing to conduct required annual fuel line leak detectors for 13 USTs at Fort Pickett. An October 2012 EPA inspection revealed that leak detection inspections were not conducted for seven diesel fuel tanks, ranging in capacity from 8,000 to 20,000 gallons; five tanks storing jet fuel, ranging from 10,000 to 30,000 gallons; and one 10,000-gallon gasoline tank.

The US Air Force paid a $12,709 penalty to resolve alleged UST violations at Joint Base Langley-Eustis. An EPA inspection on August 2012 revealed a failure to conduct required annual testing of line leak detectors for six 10,000-gallon gasoline tanks, one 15,000-gallon tank storing jet fuel, and two 6,000-gallon tanks storing gasoline and diesel.

The US Navy paid an $8,498 penalty for allegedly failing to comply with required corrosion prevention safeguards for steel USTs at Joint Expeditionary Base Little Creek-Fort Story. Based on a September 2012 inspection by EPA, and follow up information requests, EPA cited the Navy for insufficient corrosion protection on two 15,000-gallon diesel fuel and jet fuel USTs.

With millions of gallons of petroleum products and hazardous substances stored in USTs throughout the US, leaking tanks are a major source of soil and groundwater contamination. EPA and state UST regulations are designed to reduce the risk of underground leaks and to promptly detect and properly address leaks thus minimizing environmental harm and avoiding the costs of major cleanups.

The Army, Navy, and Air Force cooperated with EPA in correcting the alleged non-compliance and resolving these separate matters.

EPA and Freddie Mac to Cut Carbon Pollution and Increase Affordability of Multifamily Buildings

. The agreement outlines strategies to save water, energy, and money for multifamily property owners and residents.

“Boosting energy and water efficiency not only saves money and makes these properties a better investment for owners and more affordable for families who live there—it is also an important step in the President’s commitment to fighting climate change by cutting energy waste in our nation’s buildings,” said Janet McCabe, acting assistant administrator for EPA’s Office of Air and Radiation. “By making it easier to secure financing for energy efficiency investments and providing data about energy use and efficiency opportunities, these strategies will create lasting environmental and public health benefits while making multifamily buildings more efficient and valuable.”

"Freddie Mac is proud to partner with the EPA in this effort,” said Mitchell Resnick, Freddie Mac Multifamily vice president of loan pricing and securitization. “As one of the largest Commercial Mortgage-Backed Securities (CMBS) issuers in the country, we are looking to guide the industry and the CMBS market towards a greater sensitivity to environmentally responsible lending and investing. This partnership is the first of what we hope are many steps in that direction. We are looking at how energy efficiency improves the financial viability of the apartments we finance, and most importantly its impact on the affordability of rental housing."

Roughly one-third of Americans live in apartments within multifamily buildings, spending approximately $22 billion on energy every year. Rising energy costs are contributing to the decline in affordability for many of these Americans. Housing industry studies have projected that multifamily properties can become 30% more efficient by 2020, unlocking $9 billion in energy savings and preventing more than 35 million metric tons of GHG emissions per year.

In support of the President’s Climate Action Plan, this memorandum of understanding outlines key strategies to make multifamily housing more affordable by encouraging building owners and tenants to benchmark their energy and water performance and take steps to improve efficiency. Among those strategies:

• Freddie Mac will explore the collection of energy and water performance data from property owners during the loan underwriting and asset management processes
• By demonstrating the financial value of energy and water efficiency to lenders and borrowers, Freddie Mac hopes to be able to influence lending practices in ways that encourage investments in energy efficiency and make multifamily housing units more affordable
• EPA will assist Freddie Mac with these, and other, goals, by providing technical and educational support in the use of the Energy Star Portfolio Manager^® energy management and tracking tool as well as other Energy Star resources

The President’s Climate Action Plan calls for helping multifamily buildings cut waste and becoming at least 20% more energy efficient by 2020. While EPA has already been working with Fannie Mae and the US Department of Housing and Urban Development, this latest agreement with Freddie Mac is another critical step forward in meeting the President’s goal. Together, these three organizations influence the largest sources of residential and multifamily lending in the country.

Products, homes and buildings that earn the ENERGY STAR label prevent GHG emissions by meeting strict energy efficiency requirements set by the EPA. In 2012 alone, Americans, with the help of ENERGY STAR, saved $26 billion on their utility bills and prevented GHG emissions equal to the annual electricity use from 35 million homes. From the first ENERGY STAR qualified computer in 1992, the ENERGY STAR label can now be found on products in more than 70 different categories, with more than 4.5 billion sold over the past 20 years. Over 1.4 million new homes and 20,000 office buildings, schools and hospitals have earned the ENERGY STAR label.

Final State Water Action Plan Released: Outlines California’s Near- and Long- Term Water Priorities

The plan will guide state efforts to enhance water supply reliability, restore damaged and destroyed ecosystems, and improve the resilience of our infrastructure.

At the direction of Governor Edmund G. Brown Jr., a collaborative effort of state agencies, and nearly 100 substantive public and stakeholder comments formed a plan to set direction for a host of near- and long-term actions on water issues for the state.

“It is a tall order. But it is what we must do to get through this drought and prepare for the next,” said Governor Brown in his 2014 State of the State address.

The Governor’s proposed 2014-15 budget lays a solid fiscal foundation for implementing near- term actions for the plan, recommending $618.7 million in funding for water efficiency projects, wetland and watershed restoration, groundwater programs, conservation, flood control, and integrated water management.

“As we work on emergency actions to manage through one of the driest winters on record, we are also taking proactive, long-term steps to prepare California for future droughts and flood,” said Secretary for Natural Resources John Laird. “Each decade brings improvements, but also significantly highlights what we can do better. The California Water Action Plan gives us clear focus and vision for the next five years.”

Final revisions to the draft plan, released in October, include an expanded section on drought response and a new effort focused on better management of Sierra Nevada headwaters that helps water storage and quality, and ecosystems. Public comment on the draft plan made it clear that California must better understand the economic and ecological harm of sustained dry weather. The Governor’s proposed budget would provide $472.5 million in Proposition 84 funds to the Department of Water Resources (DWR) for integrated regional water management. The bond funds would leverage local and federal investment in projects that reduce demand, build supply, and offer additional benefits such as wildlife habitat and flood management. The budget also placed immediate emphasis on water and energy use efficiency and wetlands and coastal watershed restoration to further support the resiliency of water supply and ecosystems during this dry weather period.

The governor's budget also would allow DWR to better monitor the groundwater resources that provide more than one-third of California's supplies in dry years, and supports the development of a state backstop for sustainable groundwater management practices by the State Water Resources Control Board, should local efforts to do so not materialize.

“Together, the Governor’s proposed budget and this finalized plan provide the State with practical solutions to the state’s most critical problems; the proposals on groundwater are a good example,” said Cal/EPA Secretary Matt Rodriquez. “Data collection and monitoring are crucial to sustainable management of our unseen but incredibly important aquifers.”

All of the near-and long-term actions in the plan center on sustaining supplies of water for people, the environment, industry and agriculture. This year’s severe dry conditions highlight the stakes. Drought threatens to force the fallowing of hundreds of thousands of acres of farmland, throw thousands of people out of work, and potentially raise supermarket food prices.

“Our severe dry conditions are alarming for California’s agricultural industry,” said California Department of Food and Agriculture Secretary Karen Ross. “In the near term, we must do all we can to keep our fields productive. In the long term, we have a once-in-a-generation opportunity to make the investments that will allow us to stay productive in the face of a changing climate.”

Key actions identified in the Plan include:

• Make conservation a California way of life
• Increase regional self-reliance and integrated water management across all levels of government
• Achieve the co-equal goals for the Delta
• Protect and restore important ecosystems
• Manage and prepare for dry periods
• Expand water storage capacity and improve groundwater management
• Provide safe water for all communities
• Increase flood protection
• Increase operational and regulatory efficiency
• Identify sustainable and integrated financing opportunities

Failure to Report Greenhouse Gas Emissions Lands Companies Fines

The Air Resources Board has announced nearly $1 million in penalties against three companies for late or inaccurate reporting of their GHG emissions for 2011. This action marks the second time the Air Resources Board has issued fines for violations of California’s Mandatory Greenhouse Gas Emissions Reporting regulation.

Utilities and industrial facilities emitting more than 10,000 metric tons of carbon dioxide annually are required to report their GHG emissions. Those emitting 25,000 metric tons or more are covered by California’s cap-and-trade program. The reported emissions are independently verified by Air Resources Board staff, and provide the inventory of emissions critical to monitor the success of the state’s landmark AB 32 GHG emission reduction programs.

The assessed penalties are as follows:

• Chevron U.S.A. Inc. will pay $364,500 for reporting incorrect information regarding operations at its El Segundo Refinery. In this case the data remained uncorrected for 243 days.
• In a separate matter, Chevron North America Exploration & Production Company of Houston, TX has agreed to pay $328,500 for late reporting of GHG emissions from its San Joaquin Valley oil fields. That data was late or incorrect for 219 days.
• Southwest Gas Corporation of Las Vegas, NV has agreed to pay $300,000 to resolve its late report regarding natural gas supplied to California for the year 2011. Southwest’s data was reported 320 days late.

“Most California businesses are working hard to comply with new rules aimed at climate change. Unfortunately, due to mistakes or inattention some companies failed to meet the standards,” said ARB’s manager of climate programs, Steven Cliff, PhD.

The companies in all three cases have cooperated with the Air Resources Board to correct inaccurate data and to file missing reports. In each case, these are first violations and investigators have determined they were inadvertent. The companies involved brought the missing reports to ARB’s attention.

These are the largest penalties assessed for violations of the Mandatory Reporting regulation. In July, the Air Resources Board penalized nine other companies smaller amounts for late or inaccurate reporting.

2013 TRI Reporting Forms & Instructions

The newest version of the TRI-MEweb online reporting system, as well as the Reporting Year (RY) 2013 TRI Reporting Forms & Instructions manual are now available.  All RY 1991 to RY 2013 TRI forms in hardcopy format that are mailed to the Data Processing Center in Fairfax, Virginia, will be returned to the sender with a notice that forms must be submitted using the TRI-MEweb application. You must submit TRI forms for RY 2013 by July 1, 2014.

Second CoolCalifornia City Challenge Encourages Cities to Cut Carbon Footprint

Cities throughout California are invited to sign up now through March 30 to participate in the statewide CoolCalifornia City Challenge, a community-based competition to cut carbon emissions.

The California Air Resources Board announced recently that the CoolCalifornia City Challenge will run from April 1 through August 31. The competition is designed to engage households and community groups in cities across the state to use less energy, reduce their carbon footprints, and build more vibrant and sustainable communities. Participants in each city log their actions to reduce GHGs onto an online carbon calculator which determines how much carbon is being cut in each municipality.

The winner is crowned the “Coolest California City,” earning bragging rights and recognition, while helping to curb the state’s carbon footprint and foster green economic development. The program is designed to integrate with cities’ existing sustainability initiatives and support their GHG reduction goals.

“I encourage all California cities to join the City Challenge,” ARB Chairman Mary D. Nichols said. “It’s a fun way to unleash civic pride and engage both households and community groups in simple, everyday efforts to cut greenhouse gases. It helps spread the word that it’s cool to cut carbon, and invites Californians from all walks of life to become partners in the state’s efforts to fight climate change and move toward a clean energy economy.”

This year, $100,000 in incentive and prize money will be given to cities participating in the CoolCalifornia City Challenge, with Energy Upgrade California™ joining as a new partner and sponsor.

The ARB-generated challenge combines social media, community organizing and sophisticated online tools developed at the University of California, Berkeley, to reduce California’s carbon emissions at the local level. The challenge encourages individuals to make better energy-related choices at home, at the store, and on the road.

Last year’s inaugural competition enrolled close to 3,000 individuals in eight participating cities. Despite a tough fight, in the end the city of Davis was crowned the 2013 “Coolest California City” and Chula Vista and Tracy each earned the title, “Cool California City.”

Cash prizes again will be given to cities that meet certain milestones. Cities participating in the CoolCalifornia City Challenge will receive prize money based on how many people they have signed up and—for the first time—based on how many points they have earned at the end of the contest.

Points are earned a number of ways, including by reducing household energy use and tailpipe emissions. For example, participants may choose to ride a bike instead of driving, or to hang laundry out to dry instead of using a dryer. Points are easily tracked using the City Challenge online software.

Key dates for this year’s competition:

• Now through March 30: Cities sign up to participate. To do so, send an email to challenge@coolcalifornia.org with “Add My City” in the subject line. Administrators will work with you to officially join the 2014 competition
• April 1 through August 31: Participants earn points during the five-month challenge
• Starting May 30: Prize money will be awarded to cities based on new participant sign-ups
• October 2014: The awards ceremony crowning the victor and runner-up cities

To support voluntary actions to reduce carbon emissions, ARB has developed a variety of tools and resources that are available at coolcalifornia.org.

A dedicated team at UC Berkeley’s Renewable and Appropriate Energy Laboratory administers the program in partnership with ARB.

The initiative helps Californians take action to save energy and conserve natural resources, reduce demand on the electricity grid, and make informed energy management choices at home and at work. It is supported by an alliance of the California Public Utilities Commission, the California Energy Commission, utilities, regional energy networks, local governments, businesses, and nonprofits to help communities meet state and local energy and climate action goals. Funding comes from investor-owned utility customers under the auspices of the California Public Utilities Commission. ©2013 Energy Upgrade California. Trademarks are property of their respective owners. All rights reserved.

Hadley Shopping Plaza Owner Penalized $24,430 for Environmental Violations

The Massachusetts Department of Environmental Protection (MassDEP) penalized E&A/I&G Campus Plaza Limited Partnership (E&A/I&G) $24,430 for violations of environmental regulations related to a release of contamination at the Campus Plaza Shopping Center at 454 Russell Street in Hadley. E&A/I&G was cited for failure to report a discharge of contaminated groundwater to an adjacent wetland, apply remedial additives in accordance with applicable regulations and adequately characterize the release.

MassDEP staff conducted an audit of ongoing cleanup work being conducted following a historic release of tetrachloroethene (PCE) at the site. Staff determined that the recent injection of a remedial additive below the building resulted in an increase in contaminant concentrations in indoor air in a storage area within the site building; there was no immediate or long-term risk to site workers or visitors. The audit also revealed that contaminated groundwater was discharging through the property's storm water system to an adjacent wetland and, despite knowledge of this groundwater discharge, E&A/I&G failed to report the discharge as required by regulation. Subsequent sampling of the wetland area did not identify impacts to the environment.

E&A/I&G was ordered to complete changes to the storm water system to reduce potential migration of contaminated groundwater, changes to the remedial additive program including fulltime operation of the existing sub-slab vapor system to control any potential vapors that may result from any future application of the remedial additive, and further assessment of the extent of contamination.

The order also requires E&A/I&G to pay $15,000 of the assessed penalty; MassDEP has agreed to suspend the remaining $9,430 provided E&A/I&G remains in compliance with the order.

"While the application of remedial additives can effectively reduce site contamination, increased monitoring and controls are needed to ensure protection of the public health and environment," said Michael Gorski, director of MassDEP's Western Regional Office in Springfield. "We are pleased that through this agreement, E&A/I&G will be completing changes to the storm water system to reduce the potential for discharge of contaminated groundwater to the wetland."

The property is a commercial shopping center that includes a grocery store and other retail businesses and consists of one parcel of land, approximately 35.7 acres in area. The site previously included a dry cleaner at which a release of PCE occurred; PCE was commonly used in dry cleaning operations.

Assessment of the property indicated that residual contamination present at the site meets applicable standards, allowing the site's continued current use. E&A/I&G agreed to further remediate site contamination, which would eliminate the need for long-term monitoring and ensure site conditions remain acceptable for current uses. Proposed future cleanup actions include periodic application of a remedial additive to treat remaining solvents present in soil and groundwater, monitoring of site contaminants and reporting to MassDEP every six months.

Ludlow Construction Company Fined $23,285 for Failing to Report Hydraulic Oil Spill at Greenfield Construction Site

Borges Construction, Inc., of Ludlow, and its president, Abilio Borges, have been assessed a $23,285 penalty by the Massachusetts Department of Environmental Protection (MassDEP) for violation of oil spill notification regulations at a roadway construction project on Conway Street in Greenfield.

On May 24, 2013, MassDEP was notified by the Greenfield Fire Department of a spill of an unknown amount of hydraulic oil to the roadway and tree-belt area in the vicinity of 232 Conway Street. MassDEP personnel responded to the site and determined that more than 10 gallons of hydraulic fluid had been spilled. The investigation revealed that Borges was conducting roadway and sidewalk improvements when the spill occurred due to the failure of a hose on an excavator. Borges failed to notify the fire department or MassDEP of the spill. Massachusetts regulations require that spills of petroleum exceeding 10 gallons be reported to MassDEP within two hours, and that the cleanup be conducted with MassDEP approval.

MassDEP also determined that Borges had placed dirt on the roadway to absorb the oil, and had placed this contaminated dirt in an area where sidewalks would have been constructed over the contaminated dirt. At MassDEP's direction, Borges retained an environmental professional to oversee removal of the contaminated soil and ensure that the cleanup was performed in accordance with Massachusetts regulations.

In a recently finalized agreement, Borges will pay a penalty of $17,000 and provide retraining to its employees regarding notification requirements and appropriate response to releases of oil and hazardous materials. MassDEP has agreed to suspend the remaining $6,285 penalty, provided that Borges complies with the order.

"Not only did Borges fail to report the spill, they attempted to conceal the contaminated soil below sidewalks that were being constructed," said Michael Gorski, director of MassDEP's Western Regional Office in Springfield. "Fortunately, they agreed to cooperate and will re-train their employees on appropriate environmental responses to prevent this from occurring in the future."

Digi-Key in Thief River Falls Pays Fine, Corrects Air Emission Permit/Reporting Issues

Electronics distributor Digi-Key Corporation has paid a fine and taken corrective action to ensure that generators in its Thief River Falls facility are operated according to state requirements.

In spring 2013, the Minnesota Pollution Control Agency (MPCA) determined that the facility had failed to obtain a state permit for a generator that was installed in 1990 and provide required annual emission reports. The company also failed to obtain a permit required when two generators were added in 1999 and 2002 and a Prevention of Significant Deterioration permit (for significant sources of NOx) after the fourth and largest generator was installed in 2009.

The permits and reporting requirements are designed to limit emissions of nitrogen oxide (NOx) air pollution. NOx, a byproduct of combustion, can cause respiratory problems in people, contribute to acid rain, and cause other environmental problems.

Digi-Key has four generators in Thief River Falls that are used during power outages and three of them provide electricity to a local utility during peak energy demand periods.

The company is in the process of obtaining the permit required for the generators and has submitted emission inventory reports for the years 2004-2012. It has also paid a $25,000 penalty.

When calculating penalties, the MPCA takes into account how seriously the violation affected the environment, whether it is a first-time or repeat violation, and how promptly the violation was reported to appropriate authorities. It also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner.

Ramsey Excavating Penalized for Asbestos Violations

The Minnesota Pollution Control Agency (MPCA) has penalized Ramsey Excavating, a Minneapolis-based building demolition company and licensed asbestos abatement contractor, for using improper procedures to remove and contain asbestos-containing materials during demolition of a commercial building in Minneapolis in the spring of 2013.

During an inspection on April 29, 2013, at the demolition site, a three-story building located at 643 5th Street North, MPCA staff observed and documented visible emissions (dust) being generated by the demolition of one part of the property. Prior to demolition, the contractor had notified the MPCA that regulated asbestos-containing materials such as pipe and boiler insulation were present on that part of the property.

During the visit, MPCA staff observed dust leaving the site boundary and blowing into the adjoining street and nearby businesses. The contractor was spraying water on to the debris with a single fire hose, but it was inadequate in preventing dust from becoming airborne and leaving the site.

MPCA staff also documented during the site visit that a debris pile that included asbestos-containing materials was not being processed for disposal in a timely manner as required.

In addition to paying a $10,000 penalty, Ramsey Excavating also agreed to use proper containment practices to prevent release of particulate matter and to manage asbestos-containing materials and debris in a timely manner on future demolition jobs.

When calculating penalties, the MPCA takes into account how seriously the violation affected the environment, whether it is a first-time or repeat violation and how promptly the violation was reported to appropriate authorities. It also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner.

MPCA Completes 65 Enforcement Cases in Fourth Quarter of 2013

In its ongoing efforts to promote environmental compliance, the Minnesota Pollution Control Agency concluded 65 enforcement cases in 41 counties throughout Minnesota during the fourth quarter of 2013. Penalties from all 65 cases totaled just under $630,000.

Environmental enforcement investigations often take several months, and in highly complex cases more than a year. Although, in rare instances, they can involve the courts, they are most often negotiated settlements where the goal is compliance with environmental rules. Fines issued are targeted to match the environmental harm, economic advantage gained or environmental corrective actions.

In addition to these 65 recently completed cases, the MPCA also has 141 ongoing enforcement investigations, 15 of which were opened as new cases during the fourth quarter of 2013. Not all investigations lead to fines or other official action.

Imposing monetary penalties is only part of the MPCA’s enforcement process. Agency staff continue to provide assistance, support, and information on the steps and tools necessary to achieve compliance for any company or local government that requests it.

 

Aircraft Supplier Fined $28,000 for Dangerous Waste Violations

The Washington Department of Ecology (Ecology) has fined AvtechTyee $28,000 for unsafe handling and disposal of dangerous waste.

Ecology observed the violations during three inspections from 2011 through 2013 before the aerospace electronic systems company, located at 6500 Merrill Creek Parkway in Everett, came into compliance.

“We saw violations repeated, even though after each inspection we informed AvtechTyee about the corrections needed at this facility. We prefer fixing problems through cooperation,” said K Seiler, who manages Ecology’s Hazardous Waste and Toxics Reduction Program. “Everyone handling toxic chemicals must follow laws designed to keep contaminants out of the environment. Most facilities respond promptly when we identify problems, and we expect the same of AvtechTyee.”

Dangerous waste laws and regulations require safe practices that prevent pollution and protect the public and workers.

AvtechTyee’s violations cited in the penalty include:

• Failure to designate, or identify and properly handle, dangerous waste materials
• Placing dangerous waste in regular garbage that should have been shipped for appropriate disposal
• Lack of secondary containment to hold liquids that spill or leak from their storage containers
• Failure to cover liquid wastes to prevent the release of vapors into the air

Ecology levied the fine after noting the violations during inspections and communicating numerous times to explain what the business needed to do to comply with standards. The penalty could have totaled $91,000 had Ecology opted to cite the facility for duplicate violations in different production areas observed during the inspections. State law allows a maximum fine of $10,000 per violation per day.

“AvtechTyee is committed to the safe handling and disposal of all materials,” said Herb Mardany, president of AvtechTyee. “It is our intent and practice to remain in full compliance with regulations at all times.”

AvtechTyee has the right to appeal the $28,000 penalty within 30 days to the Washington State Pollution Control Hearings Board.

US Department of Energy Settles with Ecology for Hanford Waste Management Violations

The Washington Department of Ecology (Ecology) and the US Department of Energy (DOE) have signed an Agreed Order to improve waste management practices in central Hanford and better align those practices with Ecology’s requirements to comply with state dangerous waste regulations at three operating facilities that manage hazardous and mixed hazardous and radioactive waste at Hanford.

The three facilities are the Central Waste Complex (CWC), Waste Receiving and Processing Facility (WRAP), and T Plant.

DOE agreed to a stipulated penalty of $261,000 and will not appeal the Order. DOE will pay $15,000 immediately, and Ecology will suspend the balance pending DOE completion of corrective actions according to an agreed schedule.

Ecology identified violations of state Dangerous Waste Regulations for Waste Management Units during two inspections at WRAP and CWC in July 2011 and February 2012, respectively. DOE has agreed to address concerns identified at these facilities, as well as T Plant, which is operated together with CWC and WRAP.

“DOE is responsible for ensuring the safe storage of waste and compliance with the dangerous waste regulations,” said Ecology Nuclear Waste Program manager Jane Hedges. “DOE cooperated with Ecology staff to identify fixes for the violations and concerns, and has agreed to a schedule to implement the changes.”

The Agreed Order requires DOE to make a number of changes in how the agency manages mixed wastes at the three facilities. The changes include:

• More immediate notification to Ecology when there are spills or other incidents
• Prompt response to incidents when they happen
• Better reporting on the cause of violations and the corrective actions taken to prevent future incidents
• Changes in sampling and identifying the chemical nature of stored wastes
• Proper management of waste containers
• More frequent inspections covering more features of stored wastes and storage buildings

Washington State Adopts Clean Air Plan and Rules for Wood Stoves

The Department of Ecology (Ecology) adopted changes to the statewide rule and plan for solid-fuel burning devices like wood stoves, fireplaces, pellet stoves, and masonry heaters.

The updates reflect recent changes to state law, meet federal requirements from the EPA, and will help improve air quality.

Washington’s clean air rules govern how air pollution is managed. Ecology incorporates many of these rules into a federally required statewide plan for meeting clean air standards.

Specifically, the new rule lowers the threshold for issuing burn bans in areas with poor air quality that are at risk for “nonattainment” and contains changes that improve rule consistency and clarity.

Air pollution managers will use the updates to help reduce levels of fine-particle pollution in all areas of the state. Particularly, for areas affected by wood stove pollution. The updates also will support efforts to help the city of Tacoma and a portion of Pierce County continue to meet national clean air standards.

Prior to updating the rule, Ecology and Washington clean air agencies were already initiating burn bans in a manner that was consistent with legislative changes.

Ecology asked for public comments and hosted public hearings last November while working to update the rule and plan.

The rule is subject to a 60-day appeal period.

The revised rule has been submitted to EPA for approval and incorporation into the state’s clean air plan. EPA holds an additional public comment period for the updated plan.

Environmental News Links

 

Trivia Question of the Week

Which of the following do not apply to Universal Waste?

a. Must be stored at satellite accumulation points or 90-day accumulation points.

b. Handlers that store over 5,000 lb must notify EPA or their state environmental agency of their handler status

c. They must be marked or labeled with the name and address of the generator before they are shipped off-site

d. All of the above