In a major change to its criticized chemicals assessment program, EPA will seek early input about chemicals under review. Stakeholders from industry and other concerned groups will be able to provide their views about a substance’s toxicity before EPA decides what information to rely on for the assessments, according to the agency.
Kenneth Olden, director of EPA’s National Center for Environmental Assessment, announced the change last week before a new committee of the National Research Council (NRC).
EPA’s completed IRIS assessments provide scientifically based judgments on the safe dose of a chemical, which is the maximum exposure to the substance that won’t cause health effects. EPA, other federal and state agencies, and some foreign countries use IRIS to guide regulation.
With early input from stakeholders, EPA can work with outside parties to pinpoint gaps in a chemical’s existing toxicity data, Olden said. EPA and stakeholders could then devise a plan, such as jointly funded research, to generate the information before a chemical assessment is complete, he continued.
EPA will also address a major complaint from the chemical industry about IRIS: lack of information about how EPA selects the scientific studies used in assessments. Olden said EPA will set rules for picking scientific studies it will rely on for its review of a chemical.
CA Issues Emergency Regulation for CRTs and CRT Glass
The California Department of Toxic Substances Control (DTSC) published an emergency regulation which will increase the recycling and disposal options for waste Cathode Ray Tubes (CRTs) and CRT glass.
CRTs are commonly found in old television sets and computer monitors and must be managed as hazardous waste (due to their content of lead and other hazardous chemicals), once the product is no longer used for its intended purpose. In the past, much of the old CRT glass was recycled to make new CRTs.
As consumers increasingly switch to flat screen TVs and computer monitors, CRT use has been phased out and the demand for CRT glass has fallen. This makes it increasingly difficult for California recyclers to find markets willing to accept and recycle the CRT glass into new products. In 2011 alone, nearly 100 million pounds of residual CRT glass were generated by recyclers dismantling TVs and monitors.
One consequence of the diminished demand is that large quantities of CRT glass are now being stored and accumulated throughout California. Failure to tackle this issue may result in widespread mismanagement of the material. This poses an environmental hazard and is the main impetus behind the emergency regulation proposed by DTSC.
“The requirements currently in place that pertain to CRT disposal were established at a time when there was a robust demand for CRT glass by legitimate recycling facilities,” said Karl Palmer, Chief of DTSC’s Toxics in Products Program. “This demand has shrunk to almost zero, leaving recyclers with few options, and increasing the likelihood of mismanagement and the subsequent release of hazardous chemicals, including lead into the environment. This regulation will encourage the development of new recycling technologies and where recycling is not feasible, it will put in place a process and requirements that will allow safe disposal of CRT glass.”
Summary of the Emergency Regulation Provisions:
The emergency regulation lifts some constraints on recyclers that use CRT devices and glass under the universal waste rules. Furthermore, if they are unable to find a recycling option for their used CRTs, they may send them to an appropriate landfill for disposal if they meet the conditions summarized below:
(i) CRT glass must be handled in a manner that is protective of human health and the environment.
(ii) CRT glass, known as funnel glass (which contains high amounts of lead) must be sent to a hazardous waste landfill. These are landfills that are specially constructed to ensure that material containing chemicals do not escape into the environment and thus protects the public and the environment;
(iii) CRT glass, known as panel glass (which contains lower amounts of lead) may be sent to a solid waste landfill if testing the waste shows there is no risk of lead leaching out into the environment.
The emergency regulation will remain in effect for two years. It requires that recyclers document that their CRTs and CRT glass are recycled or disposed, allowing DTSC to effectively enforce these regulations when necessary. Recyclers that have stored CRTs or CRT glass for longer than six months upon the effective date of the emergency regulations will receive an additional six months to send them to an authorized destination.
California’s universal waste rules allow certain recycling activities without a hazardous waste facility permit. A recycling facility operating under the universal waste regulations may send CRT glass only to a primary or secondary lead smelter or a CRT glass manufacturer.
Many unwanted electronic devices are considered hazardous waste in California, due to their high levels of lead and other toxic ingredients. Since 2001, discarded televisions, computer monitors and other electronic wastes have been regulated under a set of rules—known as the universal waste rule—designed to make it easy for households, businesses and other non-industrial generators to send this material to a proper recycling facility.
In recent years, as newer video display technologies have supplanted CRTs, the number of CRT manufacturing facilities in the world has dropped significantly due to the lack of demand. There are no CRT manufacturers in the US.
Los Angeles, CA RCRA and DOT Training
Knoxville, TN RCRA and DOT Training
Mobile, AL RCRA and DOT Training
How to Prepare for OSHA’s Globally Harmonized Hazard Communication Standard (GHS)
Upgrade Your Career: Environmental and Safety Consultant/Trainers
Environmental Resource Center has positions open for environmental and safety consultants at our office in Cary, North Carolina. You must have excellent writing and speaking skills. We currently have openings for a top-notch consultants with expertise in:
- RCRA hazardous waste regulations
- DOT/IATA/IMO hazardous material transportation regulations
- Environmental and safety audits
- SARA Title III
- Clean Air and Clean Water Acts
- OSHA general industry standards
- Online computer-based training instructional design and implementation
You must have at least 2 years of experience in government or industry environmental and/or compliance and be able to immediately train the subject matter to both novices and experts. Strong consideration will be given to applicants who have experience presenting training on more than three of the topics listed above.
In addition to instructing seminars and on-site training programs, the position includes maintenance of training materials (books, PowerPoints, computer based training), consulting projects, business development, development of future classes, and keeping our customers satisfied.
Environmental Resource Center offers a competitive salary based on experience, a 401(k), profit sharing, medical and dental insurance, and other great benefits.
Senate Appropriations Subcommittee Issues Recommended EPA Funding for FY 2013
The leadership of the Senate Appropriations Subcommittee on Interior, Environment, and Related Agencies issued a bipartisan recommended bill that would fund several agencies and departments, including EPA in FY 2013. Likewise, the Senate recommended level funding for programs under the Diesel Emissions Control Act (DERA)—$30 million—which is $15 million more than the President’s request. The Senate bill also called for PM monitoring funds to remain under the authority of Section 103, rather than shifting them to Section 105, where state and local matching funds would be necessary. While Congress adopted a Continuing Resolution on September 22, 2012 to keep the government in operation after the start of the new fiscal year at roughly FY 2012 levels, it is expected that Congress will take up the issue of FY 2013 appropriations after the election. With this proposal, the Senate has a recommendation from which to start negotiations with the House. The House Appropriations Committee had approved a bill in July 2012 calling for $200.7 million for state and local air grants, representing a cut of 14.8%—or $35 million—from the amount appropriated in FY 2012, and a reduction of over $100 million from the President’s FY 2013 budget request.
Environmental Groups Sue the EPA to Clean Up Toxic Air from Refineries
The lawsuit, filed on behalf of a coalition of seven community organizations, challenges the EPA for neglecting to issue long-overdue safeguards for the health of all affected communities, including children and the disproportionately lower income, African-American, and Hispanic residents who live in the shadow of refineries.
Recent studies at Marathon, Shell, and BP facilities have shown that the emissions actually going into the air from flares, tanks, and other components at refineries are 10 to 100 times higher than what industry reports to federal and state regulators. The EPA’s current rules are based on these inaccurate estimates and outdated technology which is why new limits that reflect the actual community health impact and employ current technology are necessary.
There also is significant information indicating that refineries can control their pollution at a much greater rate than many facilities currently do. Marathon Petroleum Company, LP installed controls on combustion devices known as flares, which are often used to burn off waste gas, and capped the volume of gas it will send to its flares. The EPA stated in an announcement about the agreement with Marathon: “When fully implemented, the agreement is expected to reduce harmful air pollution and result in future cost savings for the company.”
Study Finds That Ocean Acidification is Accelerated in Nutrient-Rich Areas
Carbon dioxide released from decaying algal blooms, combined with ongoing increases in atmospheric carbon emissions, leads to increased levels of ocean acidification, and places additional stress on marine resources and the coastal economies that depend on them, according to a new study.
Ocean acidification occurs when the ocean absorbs carbon dioxide (CO2) from the atmosphere or from the breakdown of organic matter, which then causes a chemical reaction to make it more acidic. Species as diverse as scallops and corals are vulnerable to ocean acidification, which can affect the growth of their shells and skeletons.
Research by the National Oceanic and Atmospheric Administration’s (NOAA’s) William G. Sunda and Wei-jun Cai of the University of Georgia points to the process of eutrophication—the production of excess algae from increased nutrients, such as, nitrogen and phosphorus—as a large, often overlooked source of CO2 in coastal waters. When combined with increasing CO2 in the atmosphere, the release of CO2 from decaying organic matter is accelerating the acidification of coastal seawater.
The effects of ocean acidification on the nation’s seafood industry are seen in the Pacific Northwest oyster fishery. According to NOAA, ocean acidification is affecting oyster shell growth and reproduction, putting this multi-million dollar industry at risk. Annually, the Pacific Northwest oyster fishery contributes $84 million to $111 million to the West Coast’s economy. According to an earlier NOAA study ocean acidification could put more than 3,000 jobs in the region at risk.
Sunda and Cai used a new chemical model to predict the increase in acidity of coastal waters over a range of salinities, temperatures, and atmospheric CO2 concentrations. They found that the combined interactive effects on acidity from increasing CO2 in the atmosphere and CO2 released from the breakdown of organic matter were quite complex, and varied with water temperature, salinity, and with atmospheric CO2.
“These interactions have important biological implications in a warming world with increasing atmospheric CO2,” said Sunda. “The combined effects of the two acidification processes, along with increased nutrient loading of nearshore waters, are reducing the time available to coastal managers to adopt approaches to avoid or minimize harmful impacts to critical ecosystem services such as fisheries and tourism.”
Sunda and Cai found that, given current atmospheric CO2 concentrations and projected CO2 released from organic matter decay, seawater acidity could nearly double in waters with higher salinity and temperature, and could rise as much as 12 times current levels in waters with lower salinity and lower temperature.
These model predictions were verified with measured acidity data from the northern Gulf of Mexico and the Baltic Sea, two eutrophic coastal systems with large temperature and salinity differences, which experience large-scale algal blooms. The observed and modeled increases in acidity from eutrophication and algal decay are well within the range that can harm marine organisms.
Agreement Secures $25 Million Cleanup for the Rio Tinto Mine in Nevada
Four companies have agreed to pay for the environmental project.
The state of Nevada will oversee the cleanup with input from EPA and the Shoshone Paiute Tribes of Duck Valley. The four corporations financing the cleanup, Atlantic Richfield Company, DuPont and Company, The Cleveland-Cliffs Iron Company and Teck American Inc., are corporate successors to companies that operated the mine from 1932 to 1976. A fifth entity, Mountain City Remediation, has been created by the four defendants to conduct the cleanup.
Under the terms of the agreement, the defendants agreed to remove mine tailings from Mill Creek, improve the creek to support the redband trout, and improve water quality in Mill Creek and the East Fork Owyhee River. The defendants will also pay for the Shoshone Paiute Tribes to monitor the cleanup. The companies are required to provide robust performance guarantees including payments to a trust account they will use to implement the cleanup.
The Rio Tinto Mine site is located approximately 2.5 miles south of Mountain City on Mill Creek, a tributary of the East Fork Owyhee River.
$400,000 Penalty for Underground Storage Tank Monitoring and Testing Violations
Jaco Oil, based in Bakersfield is one of the largest independent gasoline marketers in the western US. Jaco Oil owns and/or operates approximately 100 diesel and gasoline service stations in California. As an owner and operator of USTs, Jaco Oil is required to monitor, test, and maintain their gas stations to prevent the release of hazardous materials to the environment.
“We’re pleased with the outcome of this case and remain committed to taking enforcement actions against UST owners and operators who fail to comply with the law,” said Cris Carrigan, director of the State Water Board’s Office of Enforcement. “Our goal is the protection of water quality, and the tank laws must be followed in order to prevent releases of hazardous substances to the environment.”
Investigators from the State Water Board and environmental health specialists from Kern, Merced and San Luis Obispo counties documented UST monitoring, testing, and construction violations at Jaco Oil facilities over the last several years. These violations included: failure to perform tank lining inspections; failure to maintain a functional cathodic protection system; failure to perform annual monitoring certifications; and failure to perform secondary containment testing.
Under the terms of the judgment, which resulted from a settlement, Jaco Oil will pay $325,000 to the State Water Board in civil penalties and $75,000 for investigative and enforcement costs to be shared by all parties involved.
Montana Refining Company, Inc. Resolves CAA Violations
The Montana Department of Environmental Quality (DEQ) has settled its administrative enforcement action against Montana Refining Company, Inc., in Great Falls, Montana, for violations of the Clean Air Act (CAA) of Montana.
Montana Refining’s operating permit required that a volumetric flow rate monitor be installed on the stack of the #1 and #2 boilers within 180 days of issuance of the permit. The company should have installed the monitor no later than March 10, 2010, but it was not installed until April 7, 2010.
Montana Refining’s operating permit also specifies that the company must install and use a continuous opacity monitoring system on the fluid catalytic cracking unit. The Semiannual Compliance Report, submitted by the company for July 1, 2010 to December 31, 2010, showed that the monitoring system on the cracking unit was not operating 11.8% of the time, or 522 of the 4,416 total hours during the reporting period.
Larry Alheim, of DEQ’s Enforcement Division, said that to resolve the violations Montana Refining paid a $307,750 penalty.
Boehringer Ingelheim Vetmedica, Inc. Penalized for Mercury Waste Violations
Boehringer Ingelheim Vetmedica, Inc. a veterinary health products company, has agreed to pay a $68,475 civil penalty to the US to settle a series of Resource Conservation and Recovery Act (RCRA) violations based on its mishandling of mercury waste in St. Joseph, Missouri.
In addition to paying the civil penalty, the company will spend a minimum of $300,000 to build a state-of-the art hazardous waste storage facility at the site as part of a supplemental environmental project (SEP)
According to an administrative consent agreement and final order, EPA representatives inspected the company’s St. Joseph facilities in May 2010, and noted several violations of the federal RCRA, which regulates hazardous waste. Boehringer generates mercury as part of its vaccine production process.
The violations included failure to perform hazardous waste determinations on multiple waste streams, storing hazardous wastes without a RCRA permit, failing to comply with generator requirements, sending hazardous waste containing mercury to a non-authorized facility, transporting hazardous waste without a hazardous waste transporter license or manifest, failure to comply with universal waste lamp requirements, and failure to comply with recycled used oil management standards.
By agreeing to the settlement with EPA, Boehringer Ingelheim Vetmedica, Inc., has certified that it is now in compliance with all requirements of the RCRA regulations.
Continental Cement Company Agrees to Complete Project Valued at $300,000 to Resolve Air Violations
Continental Cement Company, LLC, has agreed to complete a SEP valued at $300,000 at its facility in Hannibal, Mo. The SEP is part of a consent agreement with EPA Region 7 in which Continental Cement has also agreed to pay a $22,025 civil penalty to settle alleged violations of the federal CAA in 2007 and 2008.
The SEP will eliminate Continental Cement’s outside clinker storage pile along with the associated material handling system and will replace it with enclosed conveyors and a dust controlled truck load-out. The SEP will reduce the generation of particulate matter emissions at the facility by 15 tons per year.
Continental Cement exceeded the nitrogen oxide emission limit during 2007 and 2008, in violation of the federally approved Missouri State Implementation Plan and the CAA. Continental Cement did not meet the limit nor did it install or operate any approved alternatives during 2007 and 2008.
Nitrogen oxide emissions contribute to the formation of ground level ozone and acid rain. Children, the elderly, people with lung diseases, and people who work or exercise outside are at risk for adverse effects from ozone. When deposited on land and in water bodies, nitrogen oxide can result in a wide variety of indirect harmful effects on plants, soils, wildlife, water quality, and fish.
By agreeing to the settlement, Continental Cement has certified that it is in compliance with the CAA.
BP Products North America to Improve Spill Response Preparedness at Oil Terminals
The EPA and the DOJ announced that BP Products North America, Inc., will pay a $210,000 penalty and implement an enhanced oil spill response program at its oil terminals nationwide, as well as a comprehensive compliance audit to resolve alleged violations of oil spill response regulations at its Curtis Bay Terminal in Maryland. The enhanced oil spill response program will help ensure that BP’s oil terminals are better prepared to respond to oil spills that could affect people’s health and the environment.
EPA alleged that BP Products violated federal regulations requiring oil storage facilities to conduct drills and exercises to respond to oil spills at its Curtis Bay Terminal. The civil penalty is EPA’s highest to date for violations of oil drills and exercises requirements where there was no discharge of oil.
As part of this program, the company will review and revise response plans for these facilities to ensure safeguards are tailored to the conditions at each facility. BP Products will also perform enhanced training, drills and exercises, exceeding regulatory requirements, and will repeat any failed drills and exercises within 90 days.
In addition, BP Products has agreed to an independent compliance audit of 12 of its marine and high-risk petroleum product terminal facilities. The audits will ensure that each audited facility is in compliance with spill response requirements, and to evaluate whether the facilities have resources to respond to major spills. The results of the compliance audits will also be incorporated into the enhanced spill prevention and response program being implemented at all of BP’s petroleum terminals.
EPA and the US Coast Guard twice conducted unannounced government-initiated oil spill response exercises at the Curtis Bay Terminal. During these exercises, BP Products was required to demonstrate its response to a small scale discharge of fuel oil from the facility into Curtis Creek by being prepared to deploy 1,000 feet of oil containment boom within one hour and subsequently deploying the boom. On both occasions, the company did not complete the exercise in the allotted time and failed to adequately deploy the containment boom.
The Curtis Bay Terminal, which can store about 22 million gallons of oil, is located less than a quarter mile from Curtis Creek, a tributary of Curtis Bay, the Patapsco River, and the Chesapeake Bay.
High-risk onshore facilities that store oil, such as the Curtis Bay Terminal, must have a plan for responding to oil spills that includes employee training, spill response equipment, and a worst case contingency plan for containing and cleaning up spills.
Based on the failed drills, EPA cited the company for failing to adequately implement a response plan, failing to identify sufficient spill response resources at the facility, and deficiencies in the facility’s training, drills, and exercises program.
EPA Fines US Pipe Company for Hazardous Waste Violations
The EPA has fined the Union City, California-based US Pipe and Foundry Company (US Pipe) $158,000 for improperly managing baghouse dust, a hazardous waste containing cadmium and lead generated from iron pipe fabrication, under RCRA.
EPA discovered in an August 2011 inspection that US Pipe had failed to contain the dust, which was found on the ground of the facility. The facility cleaned up the spilled dust and soil where the dust was found, and conducted subsequent sampling to ensure all contamination was removed.
Following EPA’s findings, US Pipe modified its operational practices to minimize the potential for future releases and improved staff training in proper dust management.
RCRA authorizes EPA to oversee the generation, transportation, treatment, storage, and disposal of hazardous waste. Under RCRA, hazardous waste must be stored in closed and labeled containers.
Fuel Delivery Companies Settle CAA Violations at Idaho Gas Stations
Two gasoline delivery companies will pay penalties to resolve violations of the federal CAA at gas stations in Idaho, according to a consent agreement with the EPA.
At least 10 tons of volatile organic compounds were released at the Nez Perce Express and over five tons of volatile organic compounds were released at the TP Gas Station because they did not have vapor recovery systems. Gasoline vapors lead to the formation of ground level ozone, an air pollutant that can trigger health problems including aggravated asthma, reduced lung capacity, and increased susceptibility to respiratory illnesses like pneumonia and bronchitis.
The Nez Perce Express and the TP Gas Station and Convenience Store, both tribally owned, did not have required vapor recovery systems in place for gasoline delivery. EPA issued Compliance Plans to both Tribes, who installed new vapor recovery systems that prevent release of harmful vapors.
CityServiceValcon, LLC, and Thomas West Fuels, Lubricants & Chemicals, LLC, violated the CAA’s National Emission Standards for Hazardous Air Pollutants for gas stations. The companies failed to comply with required management practices when they unloaded gasoline into storage tanks at the Nez Perce Express near Lewiston, and the TP Gas Station and Convenience Store at the Fort Hall Indian Reservation, between January 2011 and January 2012.
CityServiceValcon, LLC, agreed to pay a $48,000 penalty, and Thomas West Fuels, Lubricants & Chemicals, LLC, agreed to pay a $45,600 penalty.
EPA Orders Swamp Angel Energy to Pay Penalty for Unauthorized Disposal of Brine Waste
The EPA has announced a Consent Agreement and Final Order requiring Swamp Angel Energy, LLC, to pay a civil penalty of $54,324 and plug a well that was used illegally for dumping oil production brine waste. The well is located in Pennsylvania’s Allegheny National Forest (ANF) where Swamp Angel operates oil production wells.
EPA’s Safe Drinking Water Act (SDWA) complaint alleged that in 2007 and 2008, a former part-owner of Swamp Angel and a former site supervisor dumped approximately 228,000 gallons of contaminated brine into two pre-existing wells in the ANF without a permit. Wastewater from Swamp Angel’s oil production wells in the ANF was supposed to be disposed of at an authorized treatment facility.
Since then, Swamp Angel applied for and received a SDWA permit from EPA to use one of the wells for disposal of brine generated during oil production. As part of the settlement, Swamp Angel will plug the other well to prevent contamination of underground sources of drinking water.
The SDWA’s Underground Injection Control Program seeks to protect underground sources of drinking water from unpermitted disposal of wastes underground. The use of these two wells for brine disposal raised particular concern because EPA was provided little information about the wells’ construction, condition or integrity, and had not granted a permit or authorization.
Proper plugging of the remaining unpermitted well will prevent the potential for oil and gas wastes to flow between the oil formations up into an underground source of drinking water, or for surface contamination to flow into the well and migrate into underground formations.
In 2010, a criminal case involving the company’s former part-owner and site supervisor was resolved when these individuals pled guilty to violating the SDWA through the illegal disposal of brine into these wells in 2007 and 2008. The owner received 10 months of home detention, three years probation, a $5,000 fine, and 100 hours of community service.
Swamp Angel’s former site supervisor was sentenced to eight months home detention, three years probation, a $4,000 fine, and 80 hours of community service.
Swamp Angel is headquartered in Wichita, Kansas. As part of the administrative settlement, the company did not admit or deny the violations.
Alta Mesa Services, LP Fined for Violating SPCC Regulations
The EPA has fined Alta Mesa Services, LP, of Houston, Texas, $29,400 for violating federal Spill Prevention, Control, and Countermeasure (SPCC) regulations at two of its oil production facilities in Terrebonne Parish, Louisiana.
A May 1, 2012, federal inspection at the facilities found numerous violations including: failure to adequately conduct and document facility inspections, failure to provide the locations for spare sump pumps, and failure to provide annual pressure test data to demonstrate compliance with SPCC regulations. The inspections also revealed inadequate documentation of SPCC training and failure to describe the method of activation or control of surface and subsurface well shut-in valves and devices at the facilities.
The oil production facilities inspected and fined were: North Turtle Bayou, $9,200 and Turtle Bayou, $20,400.
SPCC regulations require onshore oil production or bulk storage facilities to provide oil spill prevention, preparedness, and countermeasures to prevent oil discharges. The SPCC program helps protect our nation’s water quality since a spill of only one gallon of oil can contaminate one million gallons of water.
MassDEP Catches Faulty Auto Emissions Testers, Inspection Stations
An investigation by the Massachusetts Department of Environmental Protection (MassDEP) Environmental Strike Force, and the Registry of Motor Vehicles (RMV), has resulted in penalties and suspended emission inspection licenses for two individuals and three inspection stations, after each admitted to conducting fraudulent automobile emissions inspections.
The individuals and inspection stations involved in the investigation include:
- Luis Lazala, who was penalized $8,000 after he admitted to conducting eight fraudulent emission inspections at Commonwealth Motors in Lawrence between August 5 and November 19, 2011. The financial penalty was suspended entirely based on demonstrated inability to pay. Lazala’s emission inspection license was also revoked for eight months, and his license was suspended for another two years. The remainder of his license suspension will be stayed if Lazala successfully reapplies and is granted a license and continues to demonstrate compliance with the regulations over the remainder of that two-year suspension.
- Commonwealth Motors of Lawrence, which was assessed a $16,000 penalty after it was determined that Lazala performed the eight fraudulent emission inspections at Commonwealth Motors using a former employee’s license holder’s log-in and entry code. MassDEP suspended $4,000 of the assessed penalty pending demonstrated compliance with the emissions testing program for two years. Commonwealth Motors’ license to conduct auto emission inspections was also suspended for two years, but stayed, pending demonstrated compliance with the program.
- Awon’s Tire & Auto Center of Brockton, which was assessed a $16,000 penalty after learning that its licensed inspector conducted eight fraudulent emission inspections from January 20-30, 2012. MassDEP suspended $8,000 of the assessed penalty pending demonstrated compliance with the emissions testing program over two years. The facility also had its automotive emissions inspection license suspended for two years, which was stayed, pending demonstrated compliance with the program.
- Chad Conlon, who admitted to conducting 16 fraudulent inspections at Mastria Buick in Raynham between September 29 and November 5, 2011. Conlon was assessed an $8,000 penalty, but MassDEP suspended the entire penalty based on demonstrated inability to pay. He also had his automobile emissions inspection license revoked for eight months, and his license was suspended for two years. The remainder of his suspension will be stayed if Conlon successfully reapplies and is granted a license and continues to demonstrates compliance with the regulations over the remainder of that two-year suspension.
- Mastria Buick, which was assessed a $32,000 penalty in a separate order for the same 16 fraudulent inspections that Conlon conducted between September 29 and November 5, 2011. MassDEP has agreed to suspend $24,000 of the penalty pending demonstrated compliance with the emissions inspection program over the next two years. Mastria’s emissions inspection license was also suspended for two years, but that was stayed, pending demonstrated compliance with the program.
Air Force to Pay $12,823 Penalty for UST Violations
The US Air Force has agreed to pay a $12,823 penalty for UST violations in three Nebraska counties. The violations occurred at Air Force facilities in western Nebraska.
In addition to paying the civil penalty, the Air Force is required to conduct a tank tightness test to determine if one of the USTs is leaking. The Air Force is unable to account for 1,490 gallons of diesel fuel in that tank.
According to an administrative consent agreement and final order, routine inspections of the facilities discovered the violations, some of which were repeat violations.
The violations included failure to provide overfill protection for an existing tank, failure to conduct annual inspections of the corrosion protection system, and failure to report a suspected release to the implementing agency.
By agreeing to the settlement with EPA, the Air Force has certified that it is now in compliance with all requirements of the RCRA regulations.
Property Owner to Clean up Asbestos Hazards
Legacy Landings has agreed to properly clean up and dispose of asbestos-containing material released from abandoned greenhouses and other buildings on property formerly occupied by the Pittsburgh Cut Flower Company.
EPA inspected the site after receiving information that scrap-salvaging work was underway and that the buildings may contain asbestos. The inspection confirmed friable asbestos, which can cause a form of lung cancer especially when inhaled over a long period of time, was present inside and outside of buildings. Trespassers had frequented the property and salvaging activities likely contributed to the asbestos releases on site and possibly to other properties by wind or rain.
Under the settlement, Legacy is required to post signs and provide security to limit access and help prevent further disturbance of asbestos at the site. Legacy will locate and properly dispose of the friable asbestos eliminating the potential health risks.
The Pittsburgh Cut Flower Co., operated a commercial greenhouse business at the Gibsonia site from the early 1900s through the 1980s. The property contains abandoned commercial greenhouses, a large boiler building, offices, and smaller storage buildings in varying stages of decay. In 2007, Legacy Landings acquired the property, which was abandoned since the late 1980s.
Environmental News Links
Trivia Question of the Week
Last week a well-known online retailer launched Vine.com, a natural, green, organic, and local products shopping website. Vine.com is backed by which major online retailer?
a. WalMart.com
b. Target Corp.
c. Amazon.com, Inc.
d. Costco Wholesale Corp.
