EPA Updates Phase 1 Rule

In November 2013, ASTM International designated this standard an “Environmental Site Assessments: Phase I Environmental Site Assessment Process.”

This action does not prevent parties from continuing to use other standards, methods, or customary business practices for conducting all appropriate inquiries, so long as they comply with the standards and practices set forth in the AAI Rule. Instead, the rule removes the reference to a standard that ASTM International no longer recognizes as current since it no longer represents the most recent consensus-based standard.

EPA took this action because the Agency wants to reduce any confusion associated with the regulatory reference to a historical standard that is no longer recognized by its originating organization as meeting its standards for good customary business practice. In addition, EPA stated that the final rule will promote the use of the 2013 standard currently recognized by ASTM International as the consensus-based, good customary business standard.

Learn DOT’s New Rules for Lithium Battery Shipments

These changes are designed to ensure that lithium cells and batteries are able to withstand normal transportation conditions and are packaged to reduce the possibility of damage that could lead to an unsafe situation.

 

• Enhance packaging and hazard communication requirements for lithium batteries transported by air
• Replace equivalent lithium content with Watt-hours for lithium ion cells and batteries
• Adopt separate shipping descriptions for lithium metal batteries and lithium ion batteries
• Revise provisions for the transport of small and medium lithium cells and batteries including cells and batteries packed with, or contained in, equipment
• Revise the exceptions for small cells and batteries in air transportation
• Revise the requirements for the transport of lithium batteries for disposal or recycling
• Harmonize the provisions for the transport of low production and prototype lithium cells and batteries with the ICAO Technical Instructions and the International Maritime Dangerous Goods Code
• Adopt new provisions for the transport of damaged, defective, and recalled lithium batteries

If you ship batteries by ground or air, you must comply with the latest DOT and IATA/ICAO regulations that specify how the batteries must be packaged, marked, labeled, and transported. The rules apply not only to batteries, but also to equipment or vehicles that contain batteries as well as batteries packed along with equipment. Virtually all types of batteries are regulated, including lithium, lead-acid, nickel cadmium, and metal hydride alkaline. According to 49 CFR 172.704, all personnel involved in the classification, packaging, marking, labeling, or shipment of batteries must receive initial and recurrent transportation training.

 These webcasts are designed to meet the DOT’s requirements for hazmat employee training of personnel responsible for the shipment of batteries.

Knoxville RCRA and DOT Training

 

Mobile RCRA and DOT Training

 

San Diego RCRA and DOT Training

 

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

 

Public Comment Period Extended to November 14 for Waters of the US Rule

EPA and the US Army Corps of Engineers have always maintained that having the latest peer-reviewed science is an essential part of determining jurisdiction of the Clean Water Act.

EPA to Revise NESHAP for Ferroalloys Production

In that action, the Agency proposed amendments based on the initial technology and residual risk reviews for this source category. The proposed supplements include a revised technology review and a revised residual risk review for the Ferroalloys Production source category and proposes revisions to the standards based on those reviews. This action also proposes new compliance requirements to meet the revised standards. According to EPA, this action would result in significant environmental improvements through the reduction of fugitive manganese emissions and through more stringent emission limits for several processes.

EPA Increases Access to Chemical Information

 

“The additional data along with a customer satisfaction survey will make chemical information more readily available for decision-makers and consumers.”

 

The updated database now includes the following new information: 244 consent orders, an additional 1,205 Significant New Use Rules (SNURs) for new and existing chemicals, 16 additional chemicals with test rule data, and updates to the Safer Chemicals Ingredient List. This is the first time EPA has posted consent orders and new chemical SNURs to ChemView. With these additions, ChemView now contains information on almost 10,000 chemicals.

EPA is also encouraging people to complete a ten minute customer satisfaction survey to help guide future improvements to ChemView. This survey asks about how people use ChemView, the usefulness of the tool, how it can be optimized to help advance chemical safety, and suggestions for additional content and functionality. EPA will use the information from the survey to continuously improve ChemView.

ChemView was launched in 2013 to increase the availability of information on chemicals as part of a commitment to strengthen the existing chemicals program and improve access to and usefulness of chemical data and information. The tool displays key health and safety information and uses data in a format that allows quick understanding, with links to more detailed information. Searches can be conducted by chemical name or Chemical Abstracts Service number, use, hazard effect, or regulatory action and has the flexibility to create tailored views of the information on individual chemicals.

By increasing health and safety information and identifying safer chemical ingredients, manufacturers and retailers will have the information to better differentiate their products by using safer ingredients.

Shine Bros. Corp. to Pay $120,000 for Stormwater Violations

 

 Investigation found that stormwater carried pollutants off the facility’s property into Pete’s Pond—an adjacent city park—and through the city’s storm sewer system to the Little Sioux River.

 

To resolve the violations, Shine Bros. agreed to update and fully implement its Stormwater Pollution Prevention Plan, and move many of its operations into enclosed structures to greatly reduce the potential for pollutants to be exposed to stormwater. The company will also improve best management practices and upgrade stormwater structural controls.

The company also agreed to pay a civil penalty of $120,000 and to remove pollutants from the city’s park and around the banks of Pete’s Pond that were contaminated by the company’s stormwater runoff. In the spring, Shine Bros. Corp., will revisit the park to perform any additional needed cleanup and establish an appropriate groundcover.

“The resolution of this action highlights the need for industrial facilities to control pollutants in their stormwater,” EPA Regional Administrator Karl Brooks said.

Pollutants in stormwater can violate water quality standards, pose risks to human health, threaten aquatic life and its habitat, and impair the use and enjoyment of waterways.

The settlement agreement is subject to a 40-day public comment period before it becomes final.

EPCRA Violations at Altadis U.S.A. Inc. Results in $54,500 Fine

EPA settlement with Altadis U.S.A., Inc., on toxic chemical reporting requirements, will help communities and first responders to prepare for chemical emergencies.

 

EPCRA requires facilities to submit to EPA and the state annual reports on regulated chemicals, and routine and accidental chemical releases. The law also requires facilities to report on their hazardous chemicals to state and local emergency response agencies so that emergency personnel will have the necessary information in the event of a spill or other accident.

According to EPA, Altadis did not submit annual reports for three toxic chemicals—nicotine, Benzo(g,h,i)perylene, and polycyclic aromatic compounds—for calendar year 2010, when the facility used, stored or processed these chemicals in reportable quantities. The violations were discovered in a July 2013 EPA inspection of the facility.

The company has agreed to pay a $54,500 penalty to settle the alleged violations.

The company did not admit liability for the alleged violations, however, the settlement penalty reflects the company’s cooperation with EPA in resolving violations. 

 

FMCSA’s Emergency Restriction Order to West Coast-Based Cargo Tank Trucking Company Upheld

 

On May 6, 2014, a National Distribution cargo tank exploded while employees at the company’s Corona, California, facility were making repair welds on the cargo tank. One worker was killed and another was seriously injured. A subsequent investigation by FMCSA found that the cargo tank had not been cleaned and purged prior to starting the welded repair. On August 14, 2014, FMCSA served National Distribution with an emergency restriction order prohibiting the company from transporting hazardous materials in its entire fleet of cargo tanks.

FMCSA subsequently released some cargo tanks after National Distribution submitted documentation that the tanks had successfully passed required tests and inspections and certified to FMCSA that the tanks did not possess any post-manufacture welds. The company has also been allowed to haul commodities that are not required to be transported in DOT specification cargo tanks. In September, National Distribution challenged FMCSA’s emergency restriction order. The order was upheld by PHMSA’s Chief Safety Officer on October 3, 2014.

Hewlett-Packard Fined $11,833 for Environmental Violations

 

During an inspection conducted last December at the company’s Taylor Street facility, MassDEP found that Hewlett-Packard failed to comply with air quality plan approvals with regard to keeping specific records and following specified monitoring schedules and requirements, and operated its emergency engines during non-emergency situations.

Through a consent order, the company must comply with all applicable regulations and pay the $11,833 penalty. Of that amount, $8,912 funded a Supplemental Environmental Project (SEP). The SEP has provided two hand-held thermal imaging cameras and truck chargers to the Town of Littleton Fire Department for use in emergency incidents.

“The company has worked quickly to attain compliance,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester. “The equipment that will be provided to the Littleton Fire Department through this SEP will enhance the town’s response capability.”

US Vehicle Fuel Economy Reaches All-Time High

New vehicles achieved an all-time-high fuel economy in 2013, the EPA announced recently. Model year 2013 vehicles achieved an average of 24.1 miles per gallon (mpg)—a 0.5 mpg increase over the previous year and an increase of nearly 5 mpg since 2004. Fuel economy has now increased in eight of the last nine years. The average carbon dioxide emissions are also at a record low of 369 grams per mile in model year 2013.

The report also ranks automakers’ achievements in model year 2013.

Some additional top-line findings from the report:

• The recent fuel economy improvement is a result of automakers’ rapid adoption of more efficient technologies such as gasoline direct injection engines, turbochargers, and advanced transmissions
• Mazda vehicles averaged the highest fuel economy and lowest greenhouse gas (GHG) emissions
• Nissan achieved the greatest improvement in average fuel economy and GHG reductions
• SUVs achieved the greatest improvement in all classes of new personal vehicles

“Today’s announcement points to the greatness of American ingenuity and the strength of our auto industry. Our report shows that today’s vehicles are saving Americans money at the pump while emitting fewer greenhouse gasses. We are thrilled to see that manufacturers continue to innovate and are bringing technologies to improve fuel economy online even faster than anticipated,” said EPA Administrator Gina McCarthy. “Consumers now have many more choices when shopping for vehicles with higher fuel economy and lower emissions compared to just five years ago. These choices reflect both a more diverse range of technology packages on conventional gasoline vehicles as well as more advanced technology and alternative-fueled vehicles.”

Under President Obama’s leadership EPA and the Department of Transportation have implemented standards projected to double fuel economy by 2025 and cut vehicle GHG emissions by half.

The EPA estimates these standards will save American families more than $8,000 in fuel costs per vehicle by 2025. Throughout the duration of the program, Americans will save $1.7 trillion in fuel costs, use 12 billion fewer barrels of oil, and in 2025, reduce oil consumption by more than 2 million barrels a day—as much as half of the oil imported from OPEC every day.

EQT Production Company Fined $4.5 Million for Major Pollution Incident

 

“EQT fails to recognize the ongoing environmental harm from the significant amount of waste released by its leaking six million gallon impoundment,” Acting DEP Secretary Dana Aunkst said. “This action was necessary because the company has not been cooperative during our investigation. The department does not tolerate this unacceptable attitude toward compliance and proper protection of Pennsylvania’s environment.”

When EQT originally proposed the impoundment in its earth disturbance permit, the company stated it would be used to store fresh water only. However, after construction was complete in late 2011, the company decided to use the impoundment to store flowback water from Marcellus drilling operations to be used for fracking.

This unauthorized progression compromised environmental protection, as no monitoring wells or leak detection were required to be installed around the impoundment based on its initial stated intended use as a fresh water impoundment.

EQT ultimately proposed to construct a centralized waste impoundment adjacent to the Pad S impoundment and installed monitoring wells to establish baseline water quality in the area. A sampling event conducted on April 30, 2012 revealed elevated levels of chlorides and other parameters in two of the monitoring wells in the vicinity of the existing Pad S impoundment.

During the follow-up investigation of a reported flowback release from a transfer line on May 9, 2012, DEP staff identified two high conductivity seeps near the Pad S impoundment that were unrelated to the reported release. EQT continued to add fluid to the impoundment.

On May 30, 2012, after detecting high conductivity in a third monitoring well for the first time and in a nearby spring, EQT reported to the department that the impoundment was leaking. Impacts were ultimately documented in Rock Run, a high quality stream, an unnamed tributary to Rock Run, and various groundwater seeps and springs. Trees and shrubs along the discharge flow path also were severely impacted.

EQT demonstrated a lack of cooperation by adding more flowback water to the impoundment even after becoming aware of the elevated chlorides in the nearby monitoring wells. A DEP inspection done in June 2012 after the impoundment was emptied verified 75 to 100 holes in the liner as estimated by EQT. EQT later revised this estimate to be over 200 holes.

An aerial inspection of the impoundment area conducted by DEP in August 2012 documented significant areas of stressed vegetation around the well pad in all directions.

EQT eventually removed the liner and excavated contaminated soil but did not conclude this work until July 1, 2013. The exact amount of flowback that leaked from the impoundment is unknown, but the department believes it was significant.

Monitoring of surface waters and the impacted spring by EQT’s consultant has shown contamination is present at high enough levels that this water is still being collected and transported off-site for proper treatment and disposal. Groundwater also continues to show contamination present above standards. This monitoring is being overseen by DEP’s Environmental Cleanup and Brownfields Program.

The department incurred over $112,296 in costs and expenses as a result of its investigation, which is included as part of the proposed penalty.

Jordan Transformer Penalized for Air Quality Violations

The Minnesota Pollution Control Agency (MPCA) has penalized Jordan Transformer, which repairs and refurbishes industrial electrical transformers in Jordan, Minnesota, for operating without a required air quality permit that regulates emissions of air pollutants.

Jordan Transformer purchased and began operating the facility without a permit in 2004. In September 2012, the company submitted an application to the MPCA for a registration permit, a type of permit that covers emissions below certain levels. However, the company’s self-reported potential to emit, a calculation permittees are required to make and report in permit applications, was above levels that would qualify for that type of permit. 

The burden of knowing which permit is required falls on the permittee under the law. The MPCA rejected the company’s application for a registration permit in late 2012 and began an enforcement investigation.

During the investigation it was found that the previous owner of the facility had also been operating without a permit since 1995. Neither owner submitted required annual and semiannual emissions reports to state regulators.

To resolve the violations, Jordan Transformer agreed to pay $85,000 to the state as a civil penalty, to be paid in installments through February 2015. In addition to paying the civil penalty, the company agreed to submit emissions inventories for 2004 through 2012 and to pay unpaid air emission fees for those years. The company also will apply for the proper category of air quality permit and operate the facility in compliance with it.

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.

Fleischmann’s Vinegar Faces $23,000 Fine for Vinegar Spill

Fleischmann’s Vinegar faces a $23,000 penalty from the Department of Ecology for spilling concentrated vinegar at its Sumner plant in June, and for other wastewater discharge permit violations.

The equipment continued to leak for weeks after the initial spill.

The company did not report the spill. Ecology learned of the incident from an anonymous source.

The spilled vinegar was about three times stronger than regular household vinegar.

“Fortunately, the vinegar was captured in stormwater ponds so there was no harm to plants and animals,” said Rich Doenges, a manager in the Water Quality Program in Ecology’s Southwest Regional Office. “The greatest risk was to people as this concentrated vinegar can cause skin burns and eye damage, and had the potential to contaminate groundwater.”

Ecology staff responded to the spill and inspected Fleischmann’s on June 16, June 19, and July 2, to monitor the cleanup.

Since then, Fleischmann’s has responded by:

• Constructing a containment berm around the tanks, to be completed by early October
• Relocating the cooling water line to further cool water before being discharged into the White River
• Replacing a submersible pump to prevent wastewater from overflowing a tank farm sump
• Removing oil-stained gravel that had been contaminated by a leaking compressor

By July 2, Fleischmann’s removed the vinegar and contaminated soil from the ponds. The ponds were filled with soil and graded. The spilled vinegar was pumped into a holding tank where it is being treated and discharged to Sumner’s sewage treatment plant. Contaminated soil will be sent to a landfill that’s permitted for this type of material.

Along with issuing the fine, Ecology ordered Fleischmann’s to inspect all wooden storage tanks, repair all leaks, and replace all corroded steel hoops by September 30, 2015.

The company has a wastewater discharge permit that allows treated wastewater to be discharged to Sumner’s sewage treatment plant, and its cooling water to be discharged into the White River.

Cooling water cools equipment and does not contain pollution.

Fleischmann’s Vinegar may appeal the penalty and order within 30 days to the Pollution Control Hearings Board.

Seattle Metal Recycler Fined $18,000 for Polluted Runoff

 

The recycling business recovers metal from cars and other machinery at 601 South Myrtle Street, in Seattle. The company operates a treatment system to remove pollutants from stormwater that drains from 6.5 acres of the property, under standards set in an Ecology water quality permit.

Ecology’s penalty covers 22 violations, from October 2013 through August 2014, based on the company’s monthly sampling of treated stormwater released into the river.

The pollutants are byproducts of converting old cars and appliances to usable metals.

“We expect Seattle Iron and Metals to complete a series of upgrades it has begun to improve its treatment system,” said Kevin Fitzpatrick, regional supervisor for Ecology’s Water Quality Program. “Reducing the levels of pollutants, particularly PCBs, that this facility has been discharging directly into the waterway will support the broader efforts under way to restore the Duwamish.”

PCBs are toxic compounds that accumulate in sediments and fish tissue. Copper, zinc, and petroleum compounds in water and sediment can be toxic to fish and other aquatic and marine life. Fine particles indicate the levels of other pollutants in the discharge.

The Lower Duwamish Waterway is listed as a federal Superfund site due to sediment contamination from PCBs and other compounds. Ecology and the EPA co-manage the cleanup of the 5-mile site. Ecology’s industrial water compliance efforts support that cleanup.

Seattle Iron and Metals may appeal the penalty to the Washington State Pollution Control Hearings Board.

Millions of Dollars in Fines Levied for Unlawful Sale of an Unregistered Pesticide

New Nautical Coatings, Inc., and David Norrie pled guilty to willfully conspiring to corruptly obstruct the due and proper administration of law under which a pending proceeding was being had before the EPA, in violation of Title 18, United States Code, Section 371. At sentencing, David Norrie faces up to five years in prison, up to three years of supervised release, and a $250,000 fine. At sentencing, New Nautical Coatings, Inc. faces a fine of up to $500,000, or twice the gross pecuniary gain resulting from the offense, whichever is greater, and a term of probation of not less than one year and not more than five years. Pursuant to the terms of the plea agreement, New Nautical has agreed to pay a fine of $1,235,315, and implement a comprehensive Environmental Compliance Plan in cooperation with the US Attorney’s Office and the EPA.

Sea Hawk Refinish Line and Erik Norrie pled guilty to willfully conspiring to knowingly distribute and sell an unregistered pesticide, in violation of Title 18, United States Code, Section 371. Jason Revie and Tommy Craft pled guilty to knowingly distributing and selling an unregistered pesticide, in violation of Title 7, United States Code, Section 136j(a)(1)(A). At sentencing, Erik Norrie, Jason Revie and Tommy Craft face up to one year in prison, up to one year of supervised release and a $100,000 fine. Sea Hawk Refinish Line, Inc. faces a fine of up to $200,000, or twice the gross pecuniary gain resulting from the offense, whichever is greater, and a term of probation of not more than five years.

According to court documents, New Nautical manufactured a marine paint called Biocop Anti-Fouling Coating which contained tributyltin methacrylate (TBT), a pesticide subject to registration with the EPA that was found to have a significant harmful effect on marine life. On or about March 30, 2005, the EPA cancelled New Nautical’s registration for Biocop, making it unlawful for the company to manufacture Biocop for sale in the United States after December 1, 2005, or sell Biocop in the United States after December 31, 2005. At the time, New Nautical was the last manufacturer of TBT based anti-fouling coatings in the United States.

In order to manufacture and sell Biocop after its registration was canceled, New Nautical Coatings conceived and executed a plan to produce and sell Biocop in the United States by making it appear that it had manufactured Biocop prior to December 1, 2005, and sold its inventory of the banned pesticide to distributors, including to codefendant Refinish Line, by December 31, 2005. In an effort to conceal New Nautical’s unlawful production and sale of Biocop from authorities, David Norrie falsely represented to an EPA inspector that New Nautical had sold its existing stock of Biocop to distributors. Additionally, after David Norrie sold 60 gallons of Biocop to a customer in Broward County, he directed that customer to tell the EPA that he did not have Biocop and that New Nautical did not sell Biocop.

Sentencing for all defendants is scheduled for December 5, 2014.

Massachusetts Water Filtration Plant to Pay Fine, Upgrade Plant after Chlorine Gas Violations Found

 

The settlement requires Fall River to pay a $5,000 penalty and to implement a project to reduce public health risk in the community by eliminating the annual use of 50 tons of chlorine gas at the facility, and instead use a safer chemical called sodium hypochlorite for water disinfection. EPA estimates the cost to make these facility upgrades to be at least $449,000.

“EPA is pleased that the Fall River Water Treatment facility will be updating its plant and eliminating use of chlorine gas, a drinking water disinfectant. Removing chlorine gas from this facility will eliminate the chance of an accidental release from this source and improve the safety of Fall River residents, while not compromising water treatment,” said Curt Spalding, regional administrator of EPA’s New England office. “Facilities that store and use hazardous materials have a special obligation to understand and carefully follow regulations designed to protect people, our communities and our environment from potentially catastrophic consequences of accidents.”

Municipalities and businesses that use chlorine gas or other hazardous chemicals are required to take precautions to avoid violating chemical accident prevention regulations. EPA works with municipalities and businesses using chlorine or other hazardous chemicals to ensure compliance with these regulations and thereby avoid an accidental chemical release.

During a 2013 inspection of the Fall River Water Filtration Plant, EPA documented potentially dangerous conditions related to the storage and handling of chlorine gas. These included inadequate/blocked ventilation, undocumented calibration and/or maintenance program for the chlorine detectors located in each area, and no records indicating whether the detectors were operational and/or functioning properly. The ventilation issue was immediately rectified subsequent to the EPA inspection. Fall River provided documentation that it had corrected the other issues after entering into a consensual compliance order with EPA earlier this year.

The Water Filtration Plant first submitted a Risk Management Plan (RMP) in 1999, and updated it in 2004. However, the facility had failed to submit a five year update in 2009 or at any later time. At the time of the 2013 inspection, facility personnel were unaware of RMP obligations, and they were unable to provide records of the facility-specific implementation of a substantial portion of the program.

Failure of a facility to prepare and implement an RMP program for an extremely hazardous substance puts a populated area such as Fall River at risk of harm from such accidental releases.

This settlement is part of EPA’s national effort to advance environmental justice by protecting communities such as those around the Fall River facility that are disproportionately impacted by pollution.

Exposure to chlorine gas, an extremely hazardous substance, presents significant health risks because, if it is released, it can be severely corrosive to the eyes, skin, and lungs. In some cases, exposure to high concentrations can be fatal. Inhalation of chlorine at lower concentrations can cause lung inflammation, fluid in the lungs, chest pain, and vomiting. Operators of the Fall River Water Treatment plant will be using sodium hypochlorite as an alternate disinfectant, which is easier to handle and less hazardous than chlorine gas. As with any chemical, appropriate safety precautions should be implemented when using sodium hypochlorite.

As part of its settlement with EPA, the Fall River Water Filtration Plant has certified that it has corrected the dangerous conditions identified by EPA and is now operating its facility in compliance with the Clean Air Act’s RMP requirements. The facility cooperated with EPA in promptly correcting the violations and in reaching a quick settlement.

MV Transportation Fined $388,000 for Serious Air Violations

The California Air Resources Board (ARB) has fined the Vallejo Citizens Transit Co., a subsidiary of Dallas, Texas-based MV Transportation, Inc., $387,750 for serious air quality violations that occurred when it was under contract for bus services to the City of Vallejo.

ARB began its investigation in 2010 when an informant alleged ongoing tampering of diesel particulate filters by the company. After conducting two inspections, ARB staff confirmed that the filters and back pressure sensors were tampered with on multiple diesel-powered buses owned by the City of Vallejo but serviced and operated under contract by Vallejo Citizens Transit Co. (VCTC). Investigators also discovered that VCTC’s maintenance personnel were using a power washer to clean the filters. This practice damages the filters by causing the accumulated soot and ash to harden and plug the filters leading to cracking and premature failure.

“This private business served the public and must be held accountable for its violation of the public’s trust,” said ARB Enforcement Chief Jim Ryden. “Unfortunately, Vallejo Citizens Transit Co., and its parent company, MV Transportation, Inc., had to learn the hard way that it never pays to circumvent the law. Their blatant disregard for basic pollution prevention resulted in a significant penalty.”

VCTC violations included failing to:

• Properly maintain diesel particulate filters
• Regularly self-inspect its diesel vehicles as required by state law
• Comply with emission control label regulations
• Comply with urban bus emission reduction requirements

During its initial efforts to settle the case, Air Resources Board staff met with VCTC representatives on several occasions but no agreement was reached, and the case was referred to the Office of the Attorney General for litigation in Solano County Superior Court. The case was settled through mediation on April 29, 2014.

Since the case began in 2010, the cities of Vallejo and Benicia merged their transit agencies, which are now doing business under a Joint Powers Authority as Sol-Trans. To bring its transit fleet back into compliance, the City of Vallejo purchased and installed new diesel particulate filters and also replaced some buses. The city ended its contract with VCTC in mid-2013 and the company has since dissolved, although MV Transportation, Inc., continues to operate subsidiaries in 29 states.

As outlined in the settlement agreement, VCTC paid $290,000 to ARB’s Air Pollution Control Fund to support air quality research. The company also paid $97,750 to the San Joaquin Valley Air Pollution Control District School Bus Supplemental Environmental Project. These funds will be used to retrofit older school buses with diesel particulate filters so that they are in compliance with the state’s Truck and Bus Regulation.

Diesel exhaust contains a variety of harmful gases and over 40 other known cancer-causing compounds. In 1998, California identified diesel particulate matter as a toxic air contaminant based on its potential to cause cancer, premature death, and other health problems.

Satellite Data Shows US Methane Hot Spot Bigger than Expected

One small hot spot in the US Southwest is responsible for producing the largest concentration of the GHG methane seen over the United States—more than triple the standard ground-based estimate—according to a new study of satellite data.

Methane is very efficient at trapping heat in the atmosphere and, like carbon dioxide, it contributes to global warming. The hot spot, near the Four Corners intersection of Arizona, Colorado, New Mexico, and Utah, covers only about 6,500 square kilometers (2,500 square miles), or half the size of Connecticut.

In each of the seven years studied from 2003-2009, the area released about 0.59 million metric tons (0.65 million US tons) of methane into the atmosphere. This is almost 3.5 times the estimate for the same area in the European Union’s widely used Emissions Database for Global Atmospheric Research.

In the study published online in Geophysical Research Letters, a journal of the American Geophysical Union, researchers used observations made by the European Space Agency’s Scanning Imaging Absorption Spectrometer for Atmospheric Chartography (SCIAMACHY) instrument. SCIAMACHY measured GHGs from 2002 to 2012. The atmospheric hot spot persisted throughout the study period. A ground station in the Total Carbon Column Observing Network, operated by the Department of Energy’s Los Alamos National Laboratory, provided independent validation of the measurement.

To calculate the emissions rate that would be required to produce the observed concentration of methane in the air, the authors performed high-resolution regional simulations using a chemical transport model, which simulates how weather moves and changes airborne chemical compounds.

Research scientist Christian Frankenberg of NASA’s Jet Propulsion Laboratory (JPL) in Pasadena, California, first noticed the Four Corners signal years ago in SCIAMACHY data.

“We didn’t focus on it because we weren’t sure if it was a true signal or an instrument error,” Frankenberg said.

The study’s lead author, Eric Kort of the University of Michigan, Ann Arbor, noted the study period predates the widespread use of hydraulic fracturing, known as fracking, near the hot spot. This indicates the methane emissions should not be attributed to fracking but instead to leaks in natural gas production and processing equipment in New Mexico’s San Juan Basin, which is the most active coalbed methane production area in the country.

Natural gas is 95-98% methane. Methane is colorless and odorless, making leaks hard to detect without scientific instruments.

“The results are indicative that emissions from established fossil fuel harvesting techniques are greater than inventoried,” Kort said. “There’s been so much attention on high-volume hydraulic fracturing, but we need to consider the industry as a whole.”

Coalbed methane is gas that lines pores and cracks within coal. In underground coal mines, it is a deadly hazard that causes fatal explosions almost every year as it seeps out of the rock. After the US energy crisis of the 1970s, techniques were invented to extract the methane from the coal and use it for fuel. By 2012, coalbed methane supplied about 8% of all natural gas in the US.

Frankenberg noted that the study demonstrates the unique role space-based measurements can play in monitoring GHGs.

“Satellite data cannot be as accurate as ground-based estimates, but from space, there are no hiding places,” Frankenberg said.

The strategy includes improving the measurement and monitoring of methane emissions and assessing current methane emissions data.

EPA Reaches Legal Agreement to Improve Operations and Correct Violations at Moca’s Landfill

The EPA and the owner and the operator of the Moca Municipal Solid Waste Landfill in Moca, Puerto Rico, have reached an agreement that will result in improvements at the landfill. The Municipality of Moca and Moca ECO-Park Corporation have agreed to take a series of steps, with EPA oversight, which will improve landfill operations, expand its municipal recycling program, protect a sensitive ecosystem, and plan for the future closure of the landfill.

“This legal agreement will improve the operation of the landfill, improve recycling and for the first time establish a comprehensive composting program,” said EPA Regional Administrator Judith A. Enck. “I applaud this community for investing in a more environmentally protective approach to solid waste management.”

As part of the agreement announced recently, Moca will expand and improve the existing recycling program and create a composting program in the municipality. This recycling and composting program, which will be designed with EPA and community input, will be aimed at minimizing the disposal of recyclable materials, white goods, and food and yard waste. Moca will develop an educational and outreach program to inform the public of this recycling initiative, and will include outreach to schools, municipal facilities, small businesses, and households.

The Municipality of Moca and Moca ECO-Park have also agreed to make improvements at the landfill, including measures to stop operations in parts of the landfill, better manage stormwater, reduce dust, monitor ground water, and install a landfill gas control system. In addition, Moca ECO-Park will continue to cover exposed areas of the landfill on a daily basis to help control odors and blowing debris. Moca ECO-Park will ensure improved landfill security and will inspect incoming loads of waste to ensure that hazardous wastes, certain liquid wastes, scrap tires, recyclable materials, refrigerators and other appliances are not being sent to the landfill. Finally, the Municipality of Moca and Moca ECO-Park have agreed to not expand the landfill into the old Karst Forest and to maintain a buffer zone where no more waste may be placed between active parts of the landfill and sensitive areas, including the karst forest. The agreement requires the Municipality to notify the EPA if it intends to request permission from the Commonwealth of Puerto Rico to build a new, properly-constructed landfill cell.

The Moca Landfill has been receiving waste since 1976. Between 1993 and 2009, the landfill was expanded from 20 acres to approximately 52 acres, with much of the past expansion impacting the karst forest. The landfill receives an average of 300 tons of waste per day, primarily from the municipalities of Aguadilla, Moca, San Sebastian, Aguada, and Las Marias, as well as from private waste haulers.

During inspections, the EPA discovered that the landfill lacked adequate security, adequate stormwater controls, and properly-working ground water and methane monitoring systems, and had steep and potentially unstable slopes. Also, the landfill had been expanded without installing required liners, and the landfill did not have a leachate collection system. Leachate is a liquid that percolates through the landfill or has been generated by decomposing waste.

The Moca Landfill is surrounded by undeveloped, forested karst terrain, cattle pastures and rural homes. The karst region contains the richest biodiversity in Puerto Rico, with over 1,300 species of plants and animals, many of which are known to exist only in this area. The landfill is located over Puerto Rico’s North Coast Aquifer System, which contains the most productive aquifer on the island.

The EPA held a public meeting in Moca to explain this agreement and to seek comment from the public. The proposed Administrative Order on Consent that details this agreement was subject to a public comment period. Based on comments from the community, the agreement was modified to address dust issues, make documents related to the agreement more readily available to the public, and to provide increased opportunity for community involvement in the development of the municipal recycling and composting plans.

Report Examines Health Impacts of Arsenic in Drinking Water from Private Wells in New Hampshire

Hundreds of cases of cancer of the lung, bladder, or skin could be avoided in New Hampshire by convincing private well users to test and treat their water to remove naturally occurring arsenic, according to a report prepared by Dartmouth College for the New Hampshire Department of Environmental Services (NHDES) and New Hampshire Department of Health and Human Services (NHDHHS). The study was conducted by a team of researchers from Dartmouth’s Thayer School of Engineering, Geisel School of Medicine, and Superfund Research Program. Funding for the study came from the US Centers for Disease Control and Prevention.

The study looked only at arsenic in private wells; water provided by public water systems is highly regulated under federal and state law. The study was prompted in part by the publication of statewide estimates of the occurrence of arsenic in private wells by the US Geological Survey in 2012.

The report estimates that potentially avoidable cases of cancer from arsenic in private wells in the current New Hampshire population number from 450 to 600, based on federal government risk assessments published through 2001, but notes that a 2010 draft federal report, once finalized, would lead to an increased estimate. “We believe our estimate based on the currently available information is more likely to underestimate health effects in New Hampshire than overestimate them,” noted Professor Mark Borsuk of the Thayer School, project leader for the Dartmouth study. “Over the last 25 years, the number of diseases associated with arsenic has increased, the parts of the body affected by arsenic-mediated diseases have increased, and estimates of what constitutes a safe long-term arsenic dose have decreased.”

Borsuk cited a long-term study of over 2,000 people in Bangladesh, which suggests that exposure to arsenic at levels comparable to what is found in untreated drinking water from New Hampshire private wells may contribute to several hundred deaths per year in New Hampshire. He was quick to note, however, that results from the Bangladesh study might not be applicable to the New Hampshire population for a number of reasons.

NHDES Commissioner Thomas Burack noted, “It has been clear for a number of years that drinking water from untested, untreated private wells is a significant public health issue in New Hampshire, where nearly half of the population uses private wells, and about one in five of those wells have unhealthy levels of arsenic. Radon is even more prevalent than arsenic, and there are other contaminants of concern as well. NHDES urges all private well users to have their water tested, consult water treatment professionals, and then install and operate appropriate treatment systems.”

“Unfortunately arsenic is a triple negative—odorless, colorless, and tasteless—so it is easy for people not to think about it,” said Dr. Jos? Montero, Director of Public Health at NHDHHS. “It’s important, however, that residents of New Hampshire take the time out of their busy lives to test their water if they have a private well. We are not sure of the scope of the problem in the Granite State, but we do know what the impact is and it is a problem we need to address.”

The report goes on to recommend “intervention” measures aimed at increasing the number of New Hampshire well users who test their water and then use appropriate treatment to remove contaminants. The Dartmouth team will recruit local officials and health organizations to pilot those measures over the coming year.

Arsenic in private well water is a key concern of the New Hampshire Arsenic Consortium, which will meet on October 16 in Concord. More information about the arsenic consortium—a group of academic, government, and health organizations—is available from NHDES at 271-7061 and Dartmouth at 643-1868.

For more information about the study, please contact Paul Susca, NHDES at 603-271-7061 or Mark Borsuk, Dartmouth at 603-646-9944.

EPA Finalizes Greenhouse Gas Permit for Victoria Power Station Expansion

EPA has issued a final GHG Prevention of Significant Deterioration (PSD) construction permit to Victoria WLE to expand the Victoria Power Station. The expansion will allow the Victoria County, Texas, facility to add equipment and capacity to its combined-cycle electricity generating unit.

“Texas continues to play a key role in our nation’s diverse energy mix,” said Regional Administrator Ron Curry. “As the economy grows, facilities like the Victoria Power Station will provide low-carbon sources of energy.”

The additional natural gas-fired combustion turbine will result in a combined-cycle generating unit in a 2x2x1 configuration, meaning two combustion turbines, two heat-recovery steam generators, and a steam generator. The $200 million project will create about 80 temporary jobs and four to six permanent jobs.

In June 2010, EPA finalized national GHG regulations, which specify that beginning on January 2, 2011, projects that increase GHG emissions substantially will require an air permit.

EPA believes states are best equipped to run GHG air permitting programs. Texas is working to replace the federal implementation plan with its own State program, which will eliminate the need for businesses to seek air permits from EPA. This action will increase efficiency and allow industry to continue to grow in Texas.

 

 

Malibu Schools will Remove Known PCBs but Won’t Test for Them

Backing off a plan to leave high levels of toxic substances inside school facilities for 15 years, Malibu school officials are now promising to remove polychlorinated biphenyls (PCBs) found at illegally high concentrations within a year, according to documents posted recently by Malibu Unites and Public Employees for Environmental Responsibility (PEER). The catch is that removal will take place only if “verified” test results show illegal PCB levels. However, the Santa Monica-Malibu Unified School District has no plans to further test caulk and other materials to identify the locations of additional illegal materials that must be removed.

For the past year, the Malibu Middle and High Schools and Juan Cabrillo Elementary School have been roiled by discovery of illegal contaminants, including extremely high concentrations of PCBs found in window and door caulk, ventilator dust, and soil. Teachers, students, and alumni at the schools have come forward with health complaints that they fear may be linked to spending extended periods of time on the school campuses.

In July, the District adopted a plan that allowed PCBs above legal limits to remain inside classrooms for 15 years or more, unless the areas were renovated or demolished in the interim. In a Supplement to that plan released Friday afternoon, September 26th, it was revealed that the District has shifted to a new plan. In addition to agreeing to remove the caulking around 4 windows and one doorframe by June 30, 2015, the new plan commits to applying the same procedures to other buildings in the District if greater than 50 ppm [federal law requires removal of PCBs in concentrations of more than 50 parts per million] are identified and verified in building materials within other District buildings [within a period that does not] exceed one year.

In July, samples unofficially taken from several Malibu school facilities showed illegal PCB levels dramatically higher than previously reported—as much as 7400 times higher than legal limits and the highest known results for a classroom in the US.  One classroom tested at 231,000 ppm (more than a quarter of the caulk consisted of PCB) while another contained 146,000 ppm.

“These extremely high PCB readings come from EPA-certified independent laboratory testing facilities,” said Jennifer deNicola, President of Malibu Unites, a non-profit comprised of parents, scientists and citizens for safe schools. “We want to know whether the District will accept and act on these additional ‘verified’ samples.” Kurt Fehling, an expert consultant to Malibu Unites added, “These buildings may be causing significant, harmful PCB exposure.”

Instead of testing the caulk directly, the District’s environmental consultant had been taking air samples and wipe tests. These indirect tests have no legal significance but do show detectable amounts of PCBs in the air and dust of many classrooms. However, the District has rejected an offer by Malibu parent and supermodel Cindy Crawford and her husband Rande Gerber to personally pay for direct source testing.

“In an apparent attempt to limit civil liability, the District has now backed itself into a perverse ‘don’t ask, don’t tell’ policy on contaminated classrooms,” stated PEER Senior Council Paula Dinerstein, noting that the Los Angeles District Attorney’s Office has also opened an investigation into potential criminal charges of child endangerment and maintaining a public nuisance. “The schools’ older buildings clearly suffer from widespread PCB contamination requiring comprehensive testing and removal rather than the District’s current piecemeal whack-a-mole approach.”

Settlement Agreement Reached with Oil Companies for Illegal Discharge of Oilfield Fluids

 The penalties are for discharging oilfield fluids into unlined pits in violation of a Central Valley Water Board order, which permitted discharges of only specific types of fluids