EPA Updates Water Quality Criteria for 94 Pollutants

The Agency will accept written scientific views from the public on the draft updated human health criteria until July 14, 2014. Once finalized, EPA water quality criteria provide recommendations to states and tribes authorized to establish water quality standards under the Clean Water Act.

EPA Might Use TSCA to Collect Data on Hydraulic Fracturing Chemicals

In its response to a citizen petition submitted under section 21 of the Toxic Substances Control Act (TSCA), EPA indicated that as a first step, it would convene a stakeholder process to develop an approach to obtain information on chemical substances and mixtures used in hydraulic fracturing. 

This mechanism could be regulatory (under TSCA section 8(a) and/or section 8(d)), voluntary, or a combination of both and could include best management practices, third-party certification and collection, and incentives for disclosure of this information. In addition, the Agency is seeking comment on ways of minimizing reporting burdens and costs and of avoiding the duplication of state and other federal agency information collections, while at the same time maximizing data available for EPA risk characterization, external transparency, and public understanding. Also, EPA is soliciting comments on incentives and recognition programs that could be used to support the development and use of safer chemicals in hydraulic fracturing.

EPA’s New Solvent Wipe, Shop Towel Rule Demystified

 

• Does the rule apply to both cloth and paper wipes and rags?
• What solvents can be on the towels, and which are prohibited?
• Does the rule also apply to towels that contain characteristic hazardous waste?
• Can P or U-listed wastes be on the towels?
• How must the towels be stored on-site?
• Do they need to be tested for anything?
• How long can they be stored?
• How must the containers be marked or labeled?
• How must they be prepared for transportation?
• Where can you ship them and what are the disposal and recycling options?
• What are the documentation requirements?
• Can the rule be applied to uniforms or spill absorbents?
• How is the new rule impacted by current state regulations?

 

Chattanooga RCRA and DOT Training

 

Irvine RCRA and DOT Training

 

Dayton RCRA and DOT 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.

 

New Cooling Water Intake Rule

EPA has finalized standards that the Agency says will protect billions of fish and other aquatic life drawn each year into cooling water systems at large power plants and factories. 

An estimated 2.1 billion fish, crabs, and shrimp are killed annually by being pinned against cooling water intake structures (impingement) or being drawn into cooling water systems and affected by heat, chemicals, or physical stress (entrainment). To protect threatened and endangered species and critical habitat, the expertise of the Fish & Wildlife Service and National Marine Fisheries Service is available to inform decisions about control technologies at individual facilities.

“EPA is making it clear that if you have cooling water intakes you have to look at the impact on aquatic life in local waterways and take steps to minimize that impact,” said Nancy Stoner, acting Assistant Administrator for Water at EPA.

The final rule establishes requirements under the Clean Water Act for all existing power generating facilities and existing manufacturing and industrial facilities that withdraw more than 2 million gallons per day of water from waters of the US and use at least 25% of the water they withdraw exclusively for cooling purposes. This rule covers roughly 1,065 existing facilities—521 of these facilities are factories, and the other 544 are power plants. The technologies required under the rule are well-understood, have been in use for several decades, and are in use at over 40% of facilities.

The national requirements, which will be implemented through National Pollutant Discharge Elimination System (NPDES) permits, are applicable to the location, design, construction, and capacity of cooling water intake structures at these facilities and are based on the best technology available for minimizing environmental impact. The rule establishes a strong baseline level of protection and then allows additional safeguards for aquatic life to be developed through site-specific analysis, an approach that ensures the best technology available is used. It puts implementation analysis in the hands of the permit writers so requirements can be tailored to the particular facility.

There are three components to the final regulation.

• Existing facilities that withdraw at least 25% of their water from an adjacent waterbody exclusively for cooling purposes and have a design intake flow of greater than 2 million gallons per day are required to reduce fish impingement. To ensure flexibility, the owner or operator of the facility will be able to choose one of seven options for meeting best technology available requirements for reducing impingement.
• Facilities that withdraw very large amounts of water—at least 125 million gallons per day—are required to conduct studies to help the permitting authority determine what site-specific entrainment mortality controls, if any, will be required. This process will include public input.
• New units at an existing facility that are built to increase the generating capacity of the facility are be required to reduce the intake flow to a level similar to a closed cycle, recirculation system. Closed cycle systems are the most effective at reducing entrainment. This can be done by incorporating a closed-cycle system into the design of the new unit, or by making other design changes equivalent to the reductions associated with closed-cycle cooling.

Conference Call on EPA’s Proposed Toxic Air Pollution Standards for Petroleum Refineries

. A conference call will be held on May 28, 2014 at 1:00–2:00 p.m. ET on the Proposed Petroleum Refinery Sector Risk and Technology Review and New Source Performance Standards. 

EPA Revises Venting Prohibition for Certain Refrigerants

EPA is amending the regulations promulgated as part of the National Recycling and Emission Reduction Program under section 608 of the Clean Air Act. EPA is amending those regulations to exempt certain refrigerant substitutes, listed as acceptable subject to use conditions in regulations promulgated as part of EPA's Significant New Alternative Policy program under section 612 of the Act, from the prohibition under section 608 on venting, release, or disposal on the basis of current evidence that their venting, release, or disposal does not pose a threat to the environment. Specifically, EPA is exempting from the venting prohibition isobutane (R-600a) and R-441A, as refrigerant substitutes in household refrigerators, freezers, and combination refrigerators and freezers, and propane (R-290), as a refrigerant substitute in retail food refrigerators and freezers (stand-alone units only).

 

Ensuring Water Utilities are Prepared for Hurricanes

Hurricane Preparedness Week is May 25 to 31, making it a good time for water utilities to review their response plans and prepare for the months ahead. Drinking water and wastewater utilities can be vulnerable to infrastructure damage, flooding, and power outages during hurricane season. EPA’s Water Security Division has free tools and resource to help water utilities prepare. 

New Ohio Nitrogen Oxides Standards

The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has performed a review of OAC Ch 3745-23 primarily to satisfy the requirements of Section 119.032 of the Ohio Revised Code (five-year review). The DAPC found the rules to be necessary and with need for changes. DAPC has proposed minor changes to both rules in this chapter to update information on the version and availability of items referenced in the rules.

Pursuant to Section 121.39 of the Ohio Revised Code, DAPC was required to consult with interested parties affected by the rules before the Division formally adopts them. On March 13, 2014, these rules went out for a 30-day review by interested parties. DAPC received no comments on the proposed amendments.

Pursuant to Section 119.03 of the Ohio Revised Code, a public hearing on these rule changes will be conducted on Friday, June 27, 2014 at 10:30 AM at Ohio EPA, Lazarus Government Center, 50 W. Town Street, Suite 700, Columbus, Ohio. All visitors to Ohio EPA must register at the Security desk in the lobby upon arrival. Please bring photo identification (such as a valid driver’s license). For security reasons, visitor’s are required to wear their badge at all times while in the building. Please arrive early to complete these procedures.

Pursuant to Part D of Title I of the Clean Air Act, Ohio EPA is required to establish a state implementation plan (SIP) for the attainment and maintenance of the National Ambient Air Quality Standards (NAAQS). The above-mentioned rules are a part of Ohio’s SIP and the proposed amendments may be submitted to USEPA as a modification of the SIP. The above-mentioned hearing shall be considered the public hearing for the SIP submittal.

Interested persons may attend or be represented at the hearing and give written or oral comments on these rule changes. All oral comments presented at the hearing, and all written statements submitted at the hearing or by the close of business on June 27, 2014, will be considered by Ohio EPA prior to final action on this rule. Written statements submitted after June 27, 2014, may be considered as time and circumstances permit, but will not be part of the official record of the hearing.

 

New Jersey Issues General Permit for Emergency Generators Burning Distillate Fuels

The US EPA has adopted 40 CFR Part 60, Subpart IIII – Standards of Performance for Stationary Compression Ignition Internal Combustion Engines (NSPS IIII) and 40 CFR Part 63, Subpart ZZZZ - National Emissions Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines (MACT ZZZZ). By updating GP-005 to GP-005A, the New Jersey DEP has incorporated the applicable requirements from NSPS IIII and MACT ZZZZ to GP-005A. However, due to the complexity of the aforementioned federal regulations, GP-005A is only for distillate fuel-fired emergency generators. Natural gas and propane gas-fired emergency generators do NOT qualify for GP-005A.

In addition, with GP-005A, the Department allows emergency generators registered with GP-005A to be portable and used anywhere in the state of New Jersey for emergency purposes only. Testing and maintenance must be done at the location where the emergency generator is permitted.

This new general permit (GP-005A) was made available on May 19, 2014. GP-005 is no longer available for use by new registrants after this date. Emergency generators currently registered under GP-005 can continue to operate until:

• Your current general permit expiration date, before which time you must register for authorization under GP-005A, if applicable, or apply for and receive approval for a source-specific permit and certificate for continued operation of the emergency generator(s); or
• Your emergency generator(s) equipment is replaced or modified, before which time you must register for authorization under GP-005A, if applicable, or apply for and receive approval for a source-specific permit and certificate prior to operation of the replaced or modified emergency generator(s).

Natural gas and propane-fired emergency generators must submit an application using RADIUS for a case-by-case review and for preconstruction permit approval.

For questions regarding the new permit, contact the DEP or any of its field offices:

• NJDEP Air Quality Permitting 609-633-8242 or 609-292-9258
• Air Compliance and Enforcement – Northern Field Office (Bergen, Essex, Hudson, Hunterdon, Morris, Passaic, Somerset, Sussex, Warren, and Union Counties) 973-656-4444
• Air Compliance and Enforcement – Central Field Office (Burlington, Mercer, Middlesex, Monmouth, and Ocean Counties) 609-292-3187
• Air Compliance and Enforcement – Southern Field Office (Atlantic, Camden, Cape May, Cumberland, Gloucester, and Salem Counties) 856-614-3601

The following web sites can be accessed for additional information:

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EPA and Duke Energy Enter Agreement to Cleanup Coal Ash Release in the Dan River

The EPA recently signed an enforceable agreement with Duke Energy Carolinas, LLC, (Duke) to perform a comprehensive assessment, determine the location of coal ash deposits and to remove deposits along the Dan River as deemed appropriate by EPA in consultation with the US Fish and Wildlife Service as a result of the coal ash spill that occurred at the Dan River Steam Station on February 2, 2014.

 

“EPA will work with Duke Energy to ensure that cleanup at the site, and affected areas, is comprehensive based on sound scientific and ecological principles, complies with all Federal and State environmental standards, and moves as quickly as possible,” said EPA Regional Administrator Heather McTeer Toney. “Protection of public health and safety remains a primary concern, along with the long-term ecological health of the Dan River.”

Since the contamination extended into Virginia, and because removal and assessment work will occur in both North Carolina and Virginia, the Order will be signed by both EPA Southeast and Mid-Atlantic Region Superfund Division Directors. In addition, the Order also requires Duke to reimburse all past EPA response costs, as well as all future oversight costs in connection with the Site.

Duke’s work will be subject to review and approval by EPA, in consultation with the North Carolina Department of Environment and Natural Resources and Virginia’s Department of Environmental Quality, to ensure full compliance with Superfund law. Once removal activities are complete, Duke will be required to assess any remaining contamination to determine whether additional actions may be needed.

Coal ash at the site contains arsenic, cadmium, chromium, copper, lead, mercury, nickel, selenium and zinc, which are hazardous substances as defined under the Superfund law. The terms of the Order require that the disposal of coal ash from the spill meet specific protective disposal standards for landfills, such as synthetic liners, leachate collection systems and groundwater monitoring.

Connecticut DEEP Announces New Sulfur Limits for Fuels Burned in Stationary Sources

 The new requirements mainly impact fuel suppliers, who must supply compliant fuels, maintain records of the sulfur content of fuel sold and provide a certification to purchasers concerning the sulfur content of fuel purchased.

Fuel that exceeds the applicable sulfur content limit may be stored in Connecticut provided that it is shipped, sold, and used outside of Connecticut or is used for blending to create a fuel that complies with the applicable limit. Fuel that met the applicable sulfur content limit at the time it was stored in Connecticut may be sold, delivered, and combusted in the state.

EPA Settles with Advanced Sterilization Products to Ensure Safe Handling of Pesticides

 

“Companies must understand that it is illegal to sell pesticides that have not been registered with the EPA,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Safe handling of pesticide products depends on critical information displayed on their approved labels.”

In 2012, EPA found that the company failed to submit required production reports for a registered pesticide distributed under the brand name “STERRAD Hydrogen Peroxide Cassettes.” Small sealed containers, called cassettes, about the size of a smartphone, containing the active ingredient hydrogen peroxide are inserted into a machine used to sterilize equipment. 

The Food and Drug Administration regulates systems used to sterilize “critical” or “semi-critical” medical devices for use in humans. Critical devices, such as surgical forceps, come in contact with blood or tissue, while semi-critical devices, such as endoscopes, contact broken skin or mucus membranes. Products used for the sterilization of other equipment, such as equipment in veterinary clinics and laboratories, are considered pesticides under FIFRA and must be registered and bear labels accepted by EPA.

Advanced Sterilization also sold and distributed “STERRAD Hydrogen Peroxide Boosters,” another sterilization insert, without registering it as a pesticide. In addition to the illegal distributions, and the failure to submit a required production report for 2011, the company filed incomplete and erroneous production reports for 2008-2010. Production reports provide information on company activities including the types and amounts of pesticides in production and distributed. The company has since provided the amended reports to EPA.

Advanced Sterilization Products is a Division of Ethicon, Inc., a subsidiary of Johnson & Johnson Company. The company is no longer selling the cassettes or boosters for pesticidal use.

Under FIFRA, EPA labels should include directions for use and precautionary statements which are designed to minimize the risks associated with the product, including the required use of personal protective equipment such as protective eyewear and gloves, designed to minimize contact with the product. Consumers are required to follow pesticide label directions for proper use and should look for the EPA registration number printed on product labels.

EPA Finalizes Greenhouse Gas Permit for Hydrocarbon Plant

The EPA has issued a final greenhouse gas (GHG) Prevention of Significant Deterioration (PSD) construction permit to Dow Chemical Company for a light hydrocarbon plant near Freeport, TX. After 30 days, the permit will allow construction of a facility that will process ethane and propane to produce valuable products such as propylene and hydrogen. Construction of the facility will create up to 2,000 jobs, with up to 50 permanent jobs upon completion.

“Constructing this facility will bring jobs to Freeport, and provide vital materials for supporting many types of industries,” said EPA Regional Administrator Ron Curry. “Dow’s new plant will benefit the economy while accounting for its greenhouse gas emissions.”

The facility will be built at Dow’s current Freeport site and will include eight new steam cracking-furnaces for ethane and propane. When finished, the plant will produce 1.5 million tons of ethylene and other products such as ethylene, propylene, butadiene, and hydrogen each year. These products are widely used in the chemical industry, as well as in the manufacturing of plastics, detergent, and consumer chemicals.

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 a 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 for industry to continue to grow in Texas.

 

Minimize Releases During Hazardous Weather Events

As hurricane season approaches, the EPA is issuing a Hazardous Weather Release Prevention and Reporting alert to remind facility operators of certain regulations that require minimization of chemical releases during process shutdown operations. This alert is designed to increase awareness among facility operators about their obligation to operate facilities safely and report chemical releases in a timely manner.

The alert specifies operational release minimization requirements and clarifies reporting requirements, including exemptions. Unlike some natural disasters, the onset of a hurricane is predictable and allows for early preparations to lessen its effect on a facility.

EPA Cites Exide Technologies for Lead Emissions

EPA notified Exide Technologies of federal violations at its Vernon, Calif. lead smelting facility.EPA’s investigation of the facility is ongoing.

“By releasing an illegal amount of lead into the air, Exide has put the health and well being of nearby residents at risk,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “EPA and the South Coast Air Quality Management District are working closely to ensure the company comes into compliance with state and federal law.”

EPA’s review of data collected from air quality monitors at locations on or around the facility showed average lead emissions above the federal standard from March 22 through April 19, 2014. In addition, excess emissions were monitored on or about September 9, 2013, September 18, 2013, and January 2 through January 3, 2014.

Federal clean air laws require areas with unhealthy air develop a State Implementation Plan (SIP) to implement, achieve, and maintain EPA’s air quality standards. Under California’s SIP, large lead-acid battery recycling facilities are prohibited from emitting lead into the air that exceeds 0.15µg/m3 (micrograms per meter cubed) over any period of 30 consecutive days. Any violation of the SIP is a violation of the federal Clean Air Act.

Pursuant to the Notice of Violation, the facility has ten working days to respond to the violations. The Agency is evaluating its enforcement options against the company. Exide faces a penalty of up to $37,500 per day for each violation based on federal law.

Exide Technologies is a battery recycling facility located at 2700 South Indiana Avenue in Vernon and has been in operation since 1922. Exide recovers lead from recycled automotive batteries and other lead-bearing scrap materials and recycles 23,000 to 41,000 batteries daily. The City of Vernon is an industrial city of 5.2 square miles located approximately two miles from homes and schools in the neighboring City of Maywood.

The local South Coast Air Quality Management District is the lead agency responsible for enforcing rules and permit conditions to ensure that the facility operates in compliance with air pollution requirements, and has taken several enforcement actions against Exide for similar violations of air quality rules.

Lead is a major environmental health hazard for young children and pregnant women. Exposure to lead can result in lowered intelligence, reading and learning disabilities, impaired hearing, reduced attention span, and hyperactivity.

Contractor Sentenced to Prison for Environmental Crime

 United States District Judge R. Bryan Harwell of Florence sentenced Mr. Braswell to six months in prison, six months house arrest, three years supervised release, and a $10,000 fine.

Evidence presented at the change of plea hearing in October established that the defendant ran CoolCote, a construction and renovation company in the Myrtle Beach area. The defendant was contracted to remove and replace siding on a high-rise beach front condominium complex in Myrtle Beach. The defendant was made aware that the existing siding contained asbestos material and agreed to do the job for a lower price. The defendant did not provide the proper protection to his employees or obtain the proper permits to allow for the removal of asbestos.

United States Bill Nettles stated: “The United States Attorney’s Office is committed to protecting the citizens of South Carolina, our land, our water, and our air from contamination. Our office will continue to prioritize the environmental work we do with both federal and state agencies, to ensure these cases are brought to the forefront. 

“The defendant was hired to renovate a beach-front condominium building which he knew contained asbestos in the exterior surface coating,” said Maureen O’Mara, Special Agent in Charge of EPA’s criminal enforcement program in South Carolina. “Instead of removing the asbestos containing material legally and safely, he directed workers to pressure wash the material in violation of the work practice standards and as a result, contaminated a local beach and adjacent properties. Today’s sentence should serve notice that EPA and its partner agencies remain committed to protecting communities through tough enforcement of the nation’s environmental laws.”

The case was investigated by agents of the EPA and South Carolina Department of Health and Environmental Control, Assistant United States Attorney Jim May of the Columbia office prosecuted the case.

California DTSC Authorizes Expansion of Kettleman Hills Hazardous Waste Facility

The Department of Toxic Substances Control (DTSC) recently finalized a permit modification for the Chemical Waste Management, Inc., Kettleman Hills hazardous waste facility. This modification increases the hazardous waste landfill’s capacity by about five million cubic yards, while strengthening environmental safeguards and reporting and public information requirements. The facility is currently operating near capacity.

“This decision protects public health and provides California with a safe disposal facility,” said DTSC’s Director Debbie Raphael. “We conducted a comprehensive review of the permit application and the facility’s history. We considered a tremendous amount of public input and ensured all needed safeguards are in place. We have looked at this permit application from every angle over a five-year period to ensure it is the right decision.”

DTSC’s review included the findings of multiple health studies, air and groundwater monitoring data, and the facility’s compliance and enforcement records. The process included an extensive public comment period, which DTSC extended at the request of community members. Public involvement also included 23 public meetings and interview sessions with people in communities closest to the facility, which is located about three and a half miles from Kettleman City. DTSC reviewed and considered more than 5,500 comments submitted during the public comment period.

Public involvement played a key role in the final permit conditions. As a result, the permit modification includes extensive and stringent conditions that protect public health and the environment:

• Increased monitoring for PCBs that detects very low concentrations in air
• Enhanced air monitoring for all other contaminants from the facility’s operations
• Expanded sampling and analysis of liquids captured by the landfill’s subsurface collection system
• Required that trucks using the facility meet stricter diesel-emission standards
• Required a containment system to control spills
• Required annual aerial and land surveys to verify Chemical Waste Management, Inc.’s, estimates of remaining landfill capacity
• Increased inspections

 

Landowners Face Fines for Failure to get Waste Discharge Permits

Five Central Valley landowners face fines from the Central Valley Water Board for allegedly failing to get the required permits for the discharge of water from their irrigated cropland. The proposed fines range from $2,240 to $8,600 for the landowners who own cropland varying in size from 24 acres to 668 acres. The land in question is in the Eastern San Joaquin River watershed (Merced, Madera, and Stanislaus counties).

The State Water Code requires an owner or operator of a facility that discharges waste to land to get a water quality permit. Pesticides and fertilizers used on cropland can run off the land to streams or percolate into the groundwater. Waste Discharge Requirement permits (WDRS) issued by the Central Valley Water Board include specifications to ensure such waste discharges do not harm the beneficial uses of the Central Valley’s important groundwater aquifers and rivers.

In December 2012, the Central Valley Water Board issued WDRs that allowed farmers in the Eastern San Joaquin River Watershed to join a coalition of growers—the East San Joaquin Water Quality Coalition. The coalition conducts monitoring and provides reports to the Central Valley Water Board on behalf of the growers. Growers who do not join the coalition will incur the much higher costs associated with conducting their own individual monitoring and reporting to the Water Board. Landowners who do not have the required permit are subject to fines and may lose their opportunity to be regulated under the coalition-based permit.

“Our Board provided growers with a very cost-effective option for getting the regulatory coverage required by law by joining the coalition,” said Andrew Altevogt, assistant executive officer of the Central Valley Water Board. “The vast majority of growers have complied by signing up to get the required regulatory coverage. For those who are trying to avoid these requirements, we have an aggressive program to identify their lands and, if necessary, issue fines to bring them into compliance.”

 

Los Angeles Water Board Approves $591,000 Settlement with City Of San Buenaventura for Waste Discharge Violations

The Los Angeles Regional Water Quality Control Board (Los Angeles Water Board) approved a settlement agreement for $591,000 in administrative civil liability against the City of San Buenaventura for violation of the discharge permit for the city’s Water Reclamation Facility.

The penalty stems from 200 violations of its effluent limits from August 2010 through November 2012. The permit effluent limits are designed to protect beneficial uses of the Santa Clara River Estuary.

The violations reported involved exceeding the limits for coliform, copper, ammonia nitrogen, nitrate as nitrogen and turbidity. Mr. Charles Stringer, Chair of the Los Angeles Water Board, stated, “The City has completed plant upgrades and is conducting studies to ensure that the beneficial uses of the Ventura River estuary will no longer be impaired by discharge from the Water Reclamation Plant.”

 

The City will pay the remaining $288,000 in administrative civil liability, including $12,000 in Regional Board oversight costs, to the State Water Pollution Cleanup and Abatement Account.

The SEP is a diversion project located on Hartman Drive in the City of San Buenaventura. The SEP will divert the “first flush” storm water during rain events into sectionalized bioswales, which are landscaping features designed to slow and filter the storm water to remove heavy metals and other contaminants. The SEP is scheduled to be completed by May 15, 2016.

The Los Angeles Water Board protects and restores water quality in coastal watersheds in Los Angeles and Ventura Counties and in portions of Kern and Santa Barbara counties.

City of Snoqualmie Fined $32,000 for Sewage Treatment Violation

The city of Snoqualmie faces a $32,000 penalty from the Washington Department of Ecology for failing to properly prepare for and respond to a power outage at the city’s wastewater treatment plant last fall.

“Wastewater treatment plants must be properly operated, maintained, and equipped at all times to protect human health and the environment,” said Heather Bartlett, Ecology’s Water Quality Program manager. “The public has every right to expect that wastewater treatment plants have reliable systems in place to alert staff to possible problems when they arise, even when they occur after hours.”

Chain of events

A power outage on the night of Friday, November 15, 2013, caused critical equipment to stop working. At the same time, a malfunctioning alarm system failed to alert operators of the outage. In addition, the plant’s backup chlorine disinfection system was not in place. Plant operators did not know about the outage until the next evening when other city staff checking on a nearby facility noticed a problem.

The operators re-started the treatment equipment and monitored the wastewater effluent discharged from the plant to ensure pollutant levels gradually returned to normal. City staff waited until the following Monday to contact Ecology and report the problem.

The combination of events led to the discharge of approximately 420,000 gallons of partially treated effluent into the Snoqualmie River with excessive levels of bacteria and turbidity, a measure of the water’s clarity. Bacteria can place people’s health at risk. High turbidity, or cloudiness, can harm fish gills.

Three things went wrong

The city violated three conditions of their water quality permit:

• Operations and maintenance: The city is responsible for operating and maintaining all treatment systems; maintaining awareness of the plant’s condition; and ensuring the alarm system is reliable after hours. Backup systems must ensure that essential parts of the process, including treatment, can continue operating.
•  The city did not utilize chlorine disinfection during this event, even though the equipment shutdown resulted in cloudy water.
• Notification: The city is required to notify Ecology of a violation within 24 hours of discovery.

Ecology is working with Snoqualmie to set a timetable for corrections to ensure no repeat of the violations in future power outages.

 

Jordanian Shipping Company to Pay $500,000 for Illegally Discharging Oily Waste

Jordan-based Arab Ship Management Ltd., pleaded guilty in federal court in Wilmington, Delaware, to one count of violating the Act to Prevent Pollution from Ships, the Justice Department and the US Coast Guard announced.

In accordance with the terms of the plea agreement, Arab Ship Management Ltd., was sentenced to pay a criminal penalty totaling $500,000 and be placed on probation for two years, during which time ships operated by the company will be banned from calling on ports of the United States.

“The defendant violated environmental laws that protect our marine environment from harmful pollution,” said US Attorney for the District of Delaware Charles M. Oberly III. “This conviction ensures that the defendant is held accountable with a criminal fine and a contribution to conservation efforts in coastal Delaware, as well as a two-year ban from United States ports. The message to the shipping industry is clear: environmental crimes at sea will not be tolerated.”

“This case demonstrates one way the Coast Guard acts to protect the environment,” said Captain Kathy Moore, US Coast Guard Commander of Sector Delaware Bay. “Marine Inspectors detected serious problems with the ship’s operations. They dove into the details and worked with the Department of Justice and the Coast Guard Investigative Service to bring this case to an appropriate resolution.”

According to court documents and statements made in court, Arab Ship Management Ltd., operated the M/V Neameh, a 6,398 gross ton ocean-going livestock carrier. On March 28, 2013, the US Coast Guard boarded the vessel in the Delaware Bay Big Stone Anchorage to conduct an inspection. The inspection and subsequent criminal investigation revealed heavy oil sludge inside the piping on the discharge side of the pollution prevention equipment leading directly overboard, where no oil sludge should be if the pollution prevention equipment is operated properly. Inspectors also discovered that the vessel’s piping arrangement had been modified in a prohibited manner so as to allow oil sludge to be pumped directly overboard. This prohibited piping arrangement was removed prior to the vessel’s arrival in Delaware. Also during the inspection, Coast Guard officers were presented with two oil record books which are required by law to be accurately maintained onboard the vessel. These two oil record books contained different and contradictory entries for the time period of November 30, 2011, through January 2, 2012, as well as fake oily waste disposal receipts.

This case was investigated by the US Coast Guard Sector Delaware Bay, Coast Guard Marine Safety Detachment Lewes and the Coast Guard Investigative Service. The case is being prosecuted by Trial Attorney Stephen Da Ponte in the Environmental Crimes Section of the Environment and Natural Resources Division of the Department of Justice and Assistant US Attorney Edmond Falgowski from the US Attorney’s Office for the District of Delaware.

Federal Court Denies PVC Industry Request to Delay Pollution Protections

Earlier this week, a US Court of Appeals denied the Polyvinyl Chloride (PVC) industry’s request to delay the April 2015 compliance date for federal limits on the toxic pollution emitted by PVC plastics plants. The Louisiana Environmental Action Network, Mossville Environmental Action Now, Air Alliance Houston and Sierra Club, represented by Earthjustice, fought the industry’s request, which would have put off badly needed and long overdue pollution reductions for several more years.

PVC plastics plants emit vinyl chloride, dioxins, and other highly toxic pollutants that can cause cancer and other serious diseases—many of which are common in the communities along Louisiana’s notorious Cancer Alley and other areas where PVC plants are located such as Houston, Texas, and throughout Kentucky.

New Mexico Environment Department Issues 2nd Administrative Order To DOE For Nitrate Salt-bearing Waste Containers

The New Mexico Environment Department (NMED) has issued the attached Administrative Order (AO) to the Department of Energy (DOE)/Nuclear Waste Partnership, LLC (NWP) calling for increased precautions for storage of nitrate salt-bearing waste containers. The Order follows a similar AO issued yesterday for nitrate salt-bearing waste containers at Los Alamos National Laboratory. Both orders are based on the most recent evidence submitted to NMED as part of the ongoing DOE investigation into the cause of the February 14, 2014 radiological release at Waste Isolation Pilot Plant (WIPP).

In issuing the order, NMED Secretary Ryan Flynn released the following statement:

Based on the May 15th visual inspection, the Department of Energy (DOE) has indicated that the radiological release in the Waste Isolation Pilot Plant (WIPP) underground did, in fact, originate from one of two transuranic (TRU) mixed waste containers. The containers in question contain nitrate salts, which DOE postulated may have been the source of the release. As soon as DOE suspected that a container with nitrate salt mixed with organic kitty litter may have been the source of the release, the Environment Department required DOE to take immediate action to isolate and secure all nitrate salt bearing waste containers at WIPP, LANL and WCS. Following the receipt of the most recent evidence from DOE, NMED issued an Administrative Order to DOE / Los Alamos National Security (LANS) yesterday to ensure implementation and documentation of all protective measures being taken to secure nitrate salt-bearing waste containers at LANL. NMED issued this second order to WIPP to ensure that DOE / NWP submits an action plan to sufficiently secure nitrate salt- bearing waste containers by expediting the closure of portions of the WIPP underground including Panel 6, which contains 313 nitrate salt-bearing waste containers and Panel 7, Room 7 which contains 55 nitrate salt-bearing waste containers.

NMED continues to require DOE to take every step necessary to protect the public, workers and the environment from the threat of any potential future releases. NMED is awaiting more specific and reliable information before commenting on how the latest DOE actions will impact the 3706 TRU Waste Campaign to remove all above-ground waste from LANL by June 30th, 2014. NMED’s top priority is to protect the public, workers and the environment from the threat of any potential radioactive releases and the Agency will not approve any actions, including the transportation of any waste containing nitrate salts or the re-opening of the WIPP, until it believes it is safe to do so.

Department of Homeland Security Facility Receives Top Award from EPA’s Federal Green Challenge

A facility of US Department of Homeland Security in Lee’s Summit, Missouri, has received the year’s top national award in EPA’s Federal Green Challenge, an annual recognition of best efforts by federal government agencies to lead by example in reducing their environmental impacts.

US Citizenship and Immigration Services’ National Benefits Center (NBC) earned the 2014 Federal Green Challenge Overall Achievement Award in Solid Waste Recycling, as announced by EPA officials in Washington, D.C.

One of 173 federal entities competing for the award, the NBC and its employees were honored for increasing their rate of recycling from one ton of materials in 2012 to 168 tons in 2013.

The NBC started with no identifiable waste recycling activities in place in 2010, the year the agency’s management initiated a team known as the NBC Green Zone, which consisted of five employees from various divisions in the facility. Building management provided a large central recycling container and employees started filling it with aluminum, metals, plastics, newspapers, magazines, and various containers and cartons.

Because the NBC’s janitorial services did not collect recycling materials throughout the building at the time, the Green Zone’s solution was to recruit more than 120 coworkers to voluntarily participate in an “Adopt a Bin” program. Through that program, employees would collect recyclable materials in small bins at their cubicles and then transfer those contents to the central collection container as needed. The effort outpaced the availability of individual collection bins, and soon staff were using makeshift boxes and bags to collect materials.

By December 2013, after four years of operating as a voluntary program, the NBC achieved recycling sustainability for all employees. The building lease put in place 20 larger recycling bins throughout the center that are now being serviced by janitorial staff, and more than 120 volunteers continue to maintain their small desk-side bins daily.

In addition to reducing its environmental burden on landfills and waste disposal, the NBC Green Zone has found a way to help the community by repurposing and donating its large volume of cardstock paper to local preschools, day care facilities, and churches that use it for crafts and other creative purposes.

In 2013, EPA’s Federal Green Challenge efforts encompassed the NBC and more than 400 other participating federal facilities, representing nearly 1.6 million federal workers. By “walking the talk” in various target areas, such as waste, electronics, purchasing, water, energy, and transportation, these workers reduced their agencies’ environmental footprints and resulted in an estimated cost savings of $42 million to US taxpayers.

 

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Trivia Question of the Week

Zero waste means all discarded materials are designed to become resources for others to use. By what year is San Francisco planning to recycle and compost 100% of its trash?

a) 2020

b) 2030

c) 2035

d) 2045