Flood Cleanup Tips for Hazardous Chemicals

Missouri business owners cleaning up damage caused by recent flooding may find hazardous chemicals that are damaged or unusable. These chemicals should only be cleaned up by workers trained in proper procedures. Always work in a well-ventilated area and wear protective garments and emergency breathing apparatus, if necessary. Most importantly, do not combine chemicals.

Spills or waste should be placed in containers. Waste chemicals should be separated from other debris. Mark the outside of each container with the name of the product and the potential hazard. Regulated hazardous wastes should also be marked "hazardous waste."

Those in Missouri seeking resource referrals or non-emergency help, as well as those wanting to volunteer, are urged to call 211. The 211 Service is now available for most areas of Missouri and helps citizens with disaster information and referrals. In areas where 211 is not operational, citizens may call 800-427-4626.

Employee Pleads Guilty to Submitting False Wastewater Discharge Monitoring Reports

Gerald Lakota, a former employee of Fujicolor Processing, pleaded guilty on June 18 to willfully concealing and covering up a material fact in reports required to be filed under the Clean Water Act, according to a Justice Department announcement.

According to a plea agreement, while an employee at Fujicolor’s film developing facility in Terrell, Texas, Lakota was responsible for environmental compliance at the plant, which included preparing and submitting the plant’s wastewater Discharge Monitoring Reports.

In order to ensure compliance with the plant’s monthly Discharge Monitoring Reports, Lakota selectively screened or "cherry-picked" samples of the facility's wastewater effluent. Samples that were out of compliance with the facility's pre-treatment permit for silver were not reported on the Discharge Monitoring Reports as required by the facility’s permit. The film-finishing process at the facility generated a significant amount of process wastewater that contained silver.

By "cherry-picking" the samples, Mr. Lakota falsely presented the analysis of the final "good" samples as representative of the facility’s discharge, when he knew this was not true. This created the false impression that the facility was meeting its effluent limits required by the discharge permit.

"Submitting false information in order to mislead authorities is illegal and will not be tolerated," said Ronald J. Tenpas, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. "The Justice Department will continue to work cooperatively with the EPA and other law enforcement agencies to ensure the public’s safety and protect our natural resources."

"Complete and accurate wastewater discharge reports are absolutely necessary to assure compliance with environmental regulations," said Warren Amburn, Special Agent-in-Charge of the Dallas Area Office for EPA’s Criminal Investigation Division. "Violators who submit false reports or bogus data undermine our efforts to protect the public and the environment, and they will be vigorously prosecuted."

In a related matter, after disclosing the findings of an internal investigation to federal and state officials, Fujicolor pleaded guilty on Sept. 6, 2007, and agreed to pay a $200,000 criminal fine for negligently violating its pretreatment permit at its photo-processing facility in Terrell.

EPA requires that industry pre-treat pollutants in their waste in order to protect local sewers and wastewater treatment plants. Local agencies must regulate industrial facilities by issuing permits, conducting inspections, sampling wastewater, and reviewing each facility's monitoring data.

Lakota was charged in the Northern District of Texas and pleaded guilty in U.S District Court for the Eastern District of Tennessee. He faces up to five years in prison, a $250,000 fine, and five years of supervised release.

The investigation was conducted by the EPA’s Criminal Investigation Division and the Texas Commission on Environmental Quality. The case was prosecuted by the Justice Department's Environmental Crimes Section.

Collection of Solid and Hazardous Waste Resources on CD

EPA has released its 2008 Edition of “A Collection of Solid Waste Resources” on CD-ROM. It contains more than 300 publications on hazardous and nonhazardous waste. The documents are searchable, listed alphabetically by topic, and many are available in Spanish. 

Calculate the Carbon Footprint of Your Next Flight

“The Carbon Calculator responds to the wish of many travelers for a reliable and authoritative method to estimate the carbon footprint of a flight, so they can choose the program best suited to offset the impact of their trips on climate change, according to the amount of CO₂ they are responsible for,” said Roberto Kobeh Gonz?lez, president of the ICAO Council.

 The methodology used takes into account a range of variables, such as aircraft type, route specific data, passenger load factors, and cargo carried. ICAO’s Carbon Calculator supports the United Nations (UN) Climate Neutral Initiative, which calls for all agencies and units of the UN system to determine their total carbon emissions. It makes it possible to harmonize the emissions estimates attributable to the air travel component of their operations. UN sister agencies, like the World Tourism Organization (UNWTO), will be using and promoting the Calculator.

The International Air Transport Association (IATA) has recommended the ICAO methodology to its member airlines for use in their carbon-offset programs, to achieve a more consistent approach to estimating the CO₂ footprint of flights.

“We are excited at the potential of the Calculator to help individuals and organizations become part of the solution instead of being part of the problem,” Kobeh added. “As more technical and operational information becomes available, the Calculator will evolve to better meet the expectations of the travelling public.”

$5.3 Million Penalty for Petroleum Discharges

Magellan Midstream Partners agreed to pay a $5.3 million civil penalty for alleged violations of the Clean Water Act, announced the Justice Department and EPA last week. The alleged violations include illegally discharging gasoline and fuel oil from pipelines in Illinois, Kansas, Iowa, Minnesota, and Arkansas into nearby waterways over the past 10 years.

According to the complaint, the company allegedly discharged more than 17,000 barrels of gas and fuel oil on 11 different dates in violation of the Clean Water Act between March 1999 and May 2006. Two of the largest spills flowed into a tributary and into the Missouri River itself in 1999 and 2005. In 2005, approximately 2,830 barrels of unleaded gasoline spilled from a ruptured pipe near Kansas City, Kan., most of which flowed into the Missouri River, and in 1999, more than 4,500 barrels of diesel fuel spilled into the Missouri River near Atchison, Kan.

The spills had a number of causes, including third-party damage from farm equipment and bulldozers, corrosion, leaks, and pipeline operator error.

Magellan also agreed to resolve allegations related to Spill Prevention Control and Countermeasure (SPCC) regulations for violations found at two facilities in Iowa and Nebraska. The Clean Water Act authorizes EPA to establish SPCC regulations for preventing, preparing for, and responding to oil spills or hazardous substances that may reach surface waters.

Along with the civil penalty, Magellan will set up a program to minimize third-party damage to the pipeline system, a cause of some of the spills, and will spend $750,000 on removing or minimizing any external threats along selected segments of its pipeline. The company will also implement system-wide changes to improve employee training, leak response procedures, and protocols for detecting and responding to leaks and ruptures.

"Today's penalty should serve as a reminder that the Department of Justice and the EPA will pursue those who fail to comply with the laws that protect our environment," said Ronald J. Tenpas, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. "This agreement will also ensure that the company will take steps to prevent members of the general public from accidentally damaging this pipeline, the most common cause of the pipeline spills addressed in this action."

Magellan is the owner and operator of a 6,700-mile long petroleum pipeline network and 39 terminal facilities in the states of North Dakota, South Dakota, Minnesota, Nebraska, Iowa, Wisconsin, Illinois, Missouri, Arkansas, Kansas, and Oklahoma. The pipeline transports petroleum products—including gasoline, diesel, and aviation fuel—from refineries through interconnections with other interstate pipelines to retail gasoline stations, truck stops, railroads, airports, and other end users.

The consent decree, lodged in the U.S. District Court for Kansas, is subject to a 30-day public comment period and approval by the federal court. Magellan is required to pay the penalty within 30 days of the court's approval of the settlement.

Utah Announces Greenhouse Gas Reduction Goal

The Utah Greenhouse Gas (GHG) Reduction Goal is to reduce GHG emissions to 2005 levels by 2020. In the year 2020, this represents:

• A 28% reduction in emissions over Business As Usual ()
•  
• More than 9 tons per person less than if the policies were not implemented (see Chart )
•  

A greenhouse gas reduction goal was among the policy options in the BRAC report to the Governor and one of Utah’s agreements for becoming a partner in the Western Climate Initiative. The goal is a policy tool to guide us in achieving significant GHG reductions. It is not a regulatory mandate, and policies necessary to achieve the goal will be established through consultative administrative or statutory processes.

The Utah goal has been constructed using BRAC policy options. Utah set its goal through a measured analytical process. Experts from government agencies, business, and the public were consulted extensively, and the goal reflects that input. 
The final product reflects an ambitious yet realistic goal. It reflects actions on a regional and national level, as well as state activities. A number of significant policies are already in place, such as Utah’s renewable energy portfolio and federal mileage standards.

The policy-analysis scenario for the goal includes:

• Energy Measures:
•     Renewable Energy Portfolio ramping to 20% by 2025 (SB 202)
•     Demand reduction and efficiency reaching 17% reduction by 2015, and 25% by 2020
•     Greenhouse gas cap-and-trade program (represented by a $25 carbon price in 2012, increasing by 5% per year)
• Transportation policies:
•     Clean car emission standard, starting in 2012
•     Aggressive mass transit
•     Trip reduction for employers with more than 100 employees
• Agriculture and Forestry:
•     Limited bio-fuels
•     Methane digesters
•     Education in multiple sectors

The plan does not include carbon capture and sequestration, where first plants come on in 2022 (2.5 GW of Integrated Gasification Combined Cycle with Carbon Capture and Sequestration in Utah). The Utah GHG Reduction Goal must be viewed in the context of our state’s economy, our natural resource base, and the state’s ability to advance technologically. It was crafted to balance these very critical interests with the welfare of future generations.

The set of strategies in the current analysis represent one vision of the future. As conditions change, so do outcomes. For example, this goal incorporates a price of $25 per ton for carbon. If the price was $50 per ton, Utah would reach the year 2000 level of emissions by 2017.

Most importantly, as the state proceeds and as new technologies and strategies evolve, Utah plans to use the best options to benefit the climate and to enable the economy for sustainability.

Achieving the goal will have a cost. Preliminary analysis suggests that it is not prohibitive nor will it disadvantage Utah business or families. Additional analysis will explore how climate policies will interact with major economic indicators such as jobs and prices, and this work will further refine the goal and our ability to meet or exceed it.

Chrysler to Begin Delivering Hybrid SUVs in August

Chrysler LLC announced on June 17 that it will deliver its first hybrid vehicles to showrooms this August. The two hybrid sport utility vehicles (SUVs)—the 2009 Dodge Durango HEMI Hybrid and the 2009 Chrysler Aspen HEMI Hybrid—will achieve fuel economies of up to 20 miles per gallon, marking a 40% improvement in fuel economy in city driving and a 25% improvement overall. Both vehicles couple a two-mode hybrid system with Chrysler's 5.7-liter HEMI V-8 engine to produce 385 horsepower and 380 foot-pounds of torque. The two-mode hybrid system was developed in partnership with General Motors Corporation (GM), Mercedes Benz, and the BMW Group, and it has already been deployed in several GM vehicles. Chrysler's engine also includes technology to deactivate up to four cylinders when the engine is at low load. According to Chrysler, the new hybrid SUVs will be priced nearly $8,000 below the competition, with the manufacturer's suggested retail price for the Durango Hybrid set at $45,350, while the Aspen Hybrid is set at $45,570.

Clean Cars Now Required in Washington

Many new vehicles now must have more stringent pollution controls to be registered for use in Washington state. The standards apply to 2009 model year passenger cars, light-duty trucks, and medium-duty passenger vehicles (such as most vans and SUVs). However, they don’t apply to vehicles already owned by Washington residents.

In 2005, Governor Chris Gregoire and the Washington Legislature adopted California’s auto emissions standards. Since then, the departments of Licensing and Ecology have worked with automakers, auto dealers, and licensing agents to prepare for the new standards and for changes in vehicle licensing and registration.

“We know that a major driver of Washington's economy is our incredible natural environment. It's a big reason people want to live and raise a family here,” Governor Gregoire said. “So these new standards are good news not only for our air quality, but for working families. By 2020, the new standards will have removed from our air the pollution equivalent of 200,000 cars.”

“Before you buy a 2009 model vehicle outside our state, you should be careful to make sure it meets California emissions standards,” Licensing Director Liz Luce said. “If the vehicle doesn’t meet the standards, it can’t be licensed in Washington.”

The standards are part of the state’s effort to cut air toxics, climate-changing greenhouse gases such as carbon dioxide, and smog-forming emissions produced by cars and trucks. The U.S. Environmental Protection Agency has blocked the greenhouse gas standards, but other emission standards will go into effect as scheduled.

The new standards that are going into effect offer a number of benefits:

• They reduce cancer-causing air toxics, such as benzene and formaldehyde. EPA estimates that mobile sources of air toxics account for as much as half of all cancers attributed to outdoor sources of air toxics. They also reduce ozone-forming pollutants in the air, such as volatile organic compounds and oxides of nitrogen. Unhealthy air threatens human health by contributing to asthma, cancer, and other lung and heart diseases. Especially at risk are children, people age 60 and older, and people with respiratory problems.
• Vehicles operate more efficiently and require less money to be spent on fuel each month.
• Model year 2009 and newer vehicles won’t need emissions checks that now are required in some areas of the state.

Washington, Oregon, and at least 14 other states have adopted the California emissions standards. These states have joined together to oppose EPA’s denial of the greenhouse gas standards.

MIG Corporation, Inc. Fined for Violating Hazardous Waste Requirements

MIG Corporation, Inc.—which rents, leases, and maintains a variety of pieces of hydraulic equipment—has agreed to pay a $5,200 administrative penalty for violating Hazardous Waste Management regulations.

During an inspection conducted by Massachusetts Department of Environmental Protection (DEP) personnel last October, it was determined that the company failed to have the proper registration for transporting small quantities of waste oil generated during off-site equipment maintenance back to its Grafton facility. In addition, the company failed to notify MassDEP in writing of its activity involving the generation and accumulation of waste oil, failed to label its waste oil tank, and failed to delineate and post a sign in its waste oil accumulation area.

In a recently finalized consent order, the company agreed to comply with applicable requirements and pay the $5,200 administrative penalty.

"Companies providing equipment maintenance service are allowed to transport small amounts of waste oil generated from the off-site maintenance of equipment provided they are properly registered with MassDEP," said Lee Dillard Adams, deputy director of MassDEP's Central Regional Office in Worcester.

New EPA Guide Helps Businesses Confront Climate Challenge

The guide features profiles on 35 EPA climate-change related partnership programs, as well as a table of programs appropriate for specific industry and business objectives. Each program profile defines the environmental value delivered by the program and the business case for participating, such as cost savings, operational efficiency, reduced business risk, new or expanded markets, enhanced reputation, and brand protection.

The guide also describes the benefits of partnering with EPA, such as environmental performance benchmarking, public recognition, professional training and networking, and preparation for regulatory developments. There are currently more than 13,000 firms and other organizations participating in EPA climate-related partnership programs. Through participation, members are investing in energy efficiency, clean energy supply, and other practices and technologies for mitigating climate risks.

EPA developed the guide in consultation with Businesses for Social Responsibility (BSR), a nonprofit business association. BSR, which provides practical resources for businesses seeking sustainable solutions, is promoting the guide to its 250 members and other Global 1000 enterprises.

Smarter Technology Use Could Reduce Global Emissions by 15%

Transformation in the way people and businesses use technology could reduce annual man-made global emissions by 15% by 2020 and deliver energy-efficiency savings to global businesses of more than $800 billion, according to a new report published by independent nonprofit The Climate Group and the Global e-Sustainability Initiative (GeSI).

The report—SMART 2020:Enabling the Low Carbon Economy in the Information Age—is the world's first comprehensive global study of the Information and Communication Technology (ICT) sector's growing significance for the world's climate.

The report's supporting analysis, conducted independently by international management consultants McKinsey & Company, shows that while ICT's own sector footprint—currently 2% of global emissions—will almost double by 2020, ICT's unique ability to monitor and maximize energy efficiency both within and outside of its own sector could cut CO₂ emissions by up to five times this amount. This represents a saving of 7.8 Giga-tons of carbon-dioxide equivalent (GtCO₂e) by 2020—greater than the current annual emissions of either the United States or China.

Although tele-working, video-conferencing, e-paper, and e-commerce are increasingly commonplace, the report notes that replacing physical products and services with their virtual equivalents (dematerialization and substitution) is only one part (6%) of the estimated low carbon benefits the ICT sector can deliver. Far greater opportunities for emissions savings exist in applying ICT to global infrastructure and industry and the report examines four major opportunities where ICT can make further transformational cuts in global emissions. These exist globally within smart building design and use, smart logistics, smart electricity grids, and smart industrial motor systems.

"This rigorous assessment underlines that the world can realize a green economy and make the transition to a low carbon economy,” Achim Steiner, UN Under-Secretary General and Executive Director, UN Environment Programme (UNEP), said. “It also underlines the crucial importance of the international community reaching a deal on a new climate agreement at the climate convention meeting in Copenhagen in 2009. This partnership between GeSI, convened under UNEP, The Climate Group and McKinsey gives us yet another platform for action and yet another compelling reason for reasoned optimism."

Prions Are Not Degraded by Conventional Sewage Treatment Processes

Prions—rogue proteins that cause incurable brain infections such as Mad Cow disease and its human equivalent, variant Creutzfeldt-Jakob Disease—are difficult to inactivate, resisting extreme heat, chemical disinfectants, and irradiation. Until now, scientists did not know whether prions entering sewers and septic tanks from slaughterhouses, meatpacking facilities, or private game dressing, could survive and pass through conventional sewage treatment plants.

Joel Pedersen and colleagues used laboratory experiments with simulated wastewater treatment to show that prions can be recovered from wastewater sludge after 20 days, remaining in the “biosolids,” a by-product of sewage treatment sometimes used to fertilize farm fields.

Although emphasizing that prions have never been reported in wastewater treatment plant water or biosolids, the researchers note that existing tests are not sufficiently sensitive to detect the extremely low levels of prions possible in those materials.

John Deere to Reduce Greenhouse Gas Emissions by 25%

Deere & Company has announced plans to further reduce its total global greenhouse gas emissions by 25% per dollar of revenue from 2005 to 2014. The company has committed to the reduction goal in conjunction with its participation in the EPA’s Climate Leaders program, which Deere joined in 2007.

"John Deere's greenhouse gas reduction goal shows the company's commitment to sustainable practices and environmental stewardship," said Laurie Zelnio, director of Safety, Environment, and Standards at Deere & Company. John Deere locations worldwide will implement energy-saving projects to meet the target.

Climate Leaders is a voluntary industry-government partnership that works with companies to develop long-term comprehensive climate change strategies. Participants set a corporate-wide greenhouse gas emissions reduction goal and annually report their progress to the EPA. Through program participation, companies create a credible record of their accomplishments, reduce their impact on the global environment, and identify themselves as corporate climate leaders.

John Deere's energy management program began in 1973 and requires company operations to implement energy-conservation initiatives and track energy use. In response to international global-warming concerns, Deere added a worldwide greenhouse gas emissions inventory program in 2003.

Deere's direct greenhouse gas emissions come from operations such as foundry, heat-treat, painting, powerhouse, and testing. Indirect emissions result from demand for electricity or steam.

Examples of Deere's commitment to reducing greenhouse gas emissions include John Deere Harvester Works' recent installation of fluorescent lighting fixtures throughout its main assembly and sheet-metal fabrication buildings. The upgrade project reduced demand for electricity and contributes to a total of 3,000 fewer tons of greenhouse gases emitted each year by the East Moline, Ill., factory. John Deere's Zweibruecken Works in Germany will reduce greenhouse gas emissions by installing two carbon-neutral biomass boilers this year. The boilers will generate energy to heat facilities, air-condition offices, and provide heat for various manufacturing processes.

John Deere products incorporate features to lessen adverse environmental impact and advance sustainable production and efficiency. John Deere Power Systems, which manufactures diesel engines from 30 kW to 448 kW (40 hp to 600 hp), has been a leader in reducing diesel engine emissions. John Deere’s GreenStar™ AutoTrac™ assisted steering system helps farmers conserve agricultural inputs, while decreasing environmental impact and fuel consumption.

"Our commitment to these types of projects and to the goals of the Climate Leaders program demonstrate that we can be both a sustainable and growing company that remains competitive in world markets, while also remaining committed to company core values," Zelnio said.

Besides finding ways to reduce emissions of greenhouse gases from its operations, John Deere will continue to look for ways to incorporate energy efficiency through new technology into product design, new facilities, and facility updates, she said.

In addition to its membership in the EPA Climate Leaders initiative, Deere also is a member of the U.S. Climate Action Partnership, another initiative to address greenhouse gas emissions. This alliance of major businesses and leading environmental groups calls for federal legislation requiring significant reductions of greenhouse gas emissions.

Dry Cleaner Fined for Violating Environmental Requirements

Yun's Corporation, doing business as Champion Cleaners of 222 Main Street, Townsend, has paid a $1,500 penalty to the Commonwealth of Massachusetts for violating Air and Water Pollution Control, and Environmental Results Program (ERP) regulations.

During an inspection conducted by the Massachusetts Department of Environmental Protection (MassDEP) last July, it was discovered that the company failed to inspect its dry cleaning system for vapor leakage, failed to keep on-site records of perchloroethylene purchases, illegally discharged boiler blowdown water to its on-site septic system, and made false statements on its 2006 Environmental Results Program certification form.

In a recently finalized consent order, the company agreed to comply with all applicable requirements and pay the $1,500 administrative penalty.

"The Environmental Results Program for dry cleaners is well established, with workbooks that fully explain the regulations to help companies comply with the rules," said Lee Dillard Adams, deputy director of MassDEP's Central Regional Office in Worcester.

Town to Pay $15,000 Penalty, Replace All Mercury Switches and Gauges at Water Treatment Plant

The Town of Bethlehem in New York has agreed to pay a $15,000 penalty and replace all of the mercury switches and gauges at its water treatment plant to settle mercury and petroleum reporting and handling violations, according to a recent announcement by the New York State Department of Environmental Conservation (DEC).

DEC found that Bethlehem failed to properly dispose of petroleum- and mercury-contaminated wastes on town-owned property in New Scotland over the last two years. In addition, the town failed to properly clean up and notify DEC about the mercury and petroleum disposals, as required by law.

"DEC Region 4 law enforcement staff worked diligently in following leads, interviewing witnesses, and compiling the facts of this case," Kelly said. "The town recognized the continued risk posed by the mercury gauges and switches at the plant and agreed to replace all of them at a cost of $258,000 over the next year."

While investigating the illegal disposal of an old petroleum storage tank on town property near the water treatment plant, DEC law enforcement staff uncovered information that the town had failed to report two mercury spills that occurred in July 2006 and January 2008, and that the town improperly handled and cleaned up the mercury waste at its water treatment plant in New Scotland. Mercury was commonly used in older gauges and switches and can be released when the equipment breaks. In this case, the mercury flow meters at the water treatment plant were corroded and failing, releasing mercury to the floor of the plant on both occasions.

The petroleum violations occurred in June 2007 when town employees dug up a petroleum storage tank, cut the tank in half, removed the petroleum sludge, and buried it in the ground. The petroleum contaminated soil has been removed from the site and disposed of in a permitted landfill.

Florida Environmental Enforcement Drops According to Environmental Watchdog

Despite the green reputation of Governor Charlie Crist, pollution enforcement in Florida continues to decline, according to an analysis of the latest state statistics released by Public Employees for Environmental Responsibility (PEER). Significantly, municipalities, not corporations, are more frequently the target of state enforcement efforts.

On July 18, 2007, Florida Department of Environmental Protection (DEP) Secretary Michael Sole unveiled a new civil pollution fine schedule. “I want to change the idea that ‘penalties are a cost of doing business’ by emphasizing the agency’s tough stance against violators,” Sole said. In the months that followed, however, anti-pollution enforcement is still dropping. The DEP figures for 2007 show:

• Assessed civil pollution penalties fell by nearly a quarter (23%) in dollar amounts, and penalties actually collected declined by one-fifth (20%).
• The number of violations that were, in essence, plea bargained reached an all-time high, with nearly two-thirds (62%) of all cases disposed of through “short-form consent orders,” which require no compliance assurance or follow-up.
• While the number of cases referred to the DEP Office of General Counsel for enforcement rose, the number of enforcement orders dropped by 9%.

"The Crist administration has certainly not reversed the downturn in environmental enforcement that began at the end of the Lawton Chiles tenure and continued declining all through the Jeb Bush years,” stated Florida PEER Director, Jerry Phillips, a former DEP deputy General Counsel, noting that the lost revenue from lower civil penalty assessments and collections are aggravating funding shortfalls in DEP, thus further reducing resources dedicated to fighting pollution. “It is important to look at the actual record rather than the rhetoric of the Crist administration. Despite the rhetoric that it no longer ‘pays to pollute’ in Florida, the record suggests the opposite.”

One surprising statistic is that county and municipal governments account for 50% of all cases in which civil penalty assessments met or exceeded $90,000, up from 44% in 2006. The majority of those cases were domestic waste cases, signaling significant problems with Florida’s infrastructure.

CDPHE Alleges Violations at CEMEX Cement

“We are concerned that CEMEX continues to operate this facility without direct and consistent focus on compliance with air quality regulations and the facility’s permit,” said Paul Tourangeau, director of the department’s Air Pollution Control Division. “We expect this plant to be operated in compliance with the law and will continue to take the actions necessary to produce that result.”

The current notice of violation is the result of several on-site inspections of the plant by the Air Pollution Control Division and inspectors from the Boulder County Health Department in 2007 and 2008. Among the allegations reflected in the notice are opacity violations, failure to conduct necessary stack tests in a timely fashion, failure to operate monitoring equipment within requirements, failure to file appropriate and timely air pollutant emission notices, and recordkeeping errors.

As part of the notice of violation process, the company will have an opportunity to respond to the allegations, submit data, and discuss whether assessment of civil and noncompliance penalties is appropriate.

Since 2000, the CDPHE has entered into four separate compliance orders on consent with CEMEX over alleged noncompliance issues at the Lyons plant. A compliance order on consent is the settlement agreement that resolves the alleged noncompliance issues that resulted in the notice of violation. This notice of violation is the latest in a series of enforcement actions taken by state and federal authorities against CEMEX during the last several years, including a state action in 2006 that resulted in a $1.5 million penalty. The 2006 penalty was the second-largest penalty ever assessed by the Colorado Air Pollution Control Division.

In addition to the state actions, the U.S. EPA issued its own notice of violation in March 2007 that has yet to be resolved.

TCEQ Approves Fines Totaling $588,066

The Texas Commission on Environmental Quality (TCEQ) approved penalties totaling $588,066 against 68 regulated entities for violations of state environmental regulations.

Agreed orders were issued for the following enforcement categories: 1 agricultural, 16 air quality, 3 dry cleaner, 1 Edwards Aquifer, 1 industrial waste discharge, 1 licensed irrigator, 3 municipal solid waste, 5 municipal waste discharge, 11 petroleum storage tank, 8 public water system, and 5 water quality. There were three field citations. In addition, default orders were issued for the following categories: four licensed irrigators, one multi-media, two petroleum storage tank, one public water system, and one water quality. Penalties were also assessed in a solid waste enforcement action following hearings at the State Office of Administrative Hearings.

Included in the total were fines against Motiva Enterprises LLC in Jefferson Co. of $177,815 for nine air violations, documented in a routine investigation in March 2007. Of the fine total, a Supplemental Environmental Project of $88,907 will be used to assist low-income residents in the West Port Arthur area by weatherizing their homes and improving energy efficiency.

EPA fines Aero-Electric Connectors $120,000 for Hazardous Waste Violations

EPA has fined Aero-Electric Containers of Torrance, Calif., $120,000 for violating federal hazardous waste regulations.

A manufacturer of specialized metallic connectors located at 548 Amapola Ave., Aero-Electric Containers violated multiple federal Resource Conservation and Recovery Act (RCRA) requirements, including:

• Failure to properly label hazardous waste containers
• Failure to close hazardous waste containers
• Failure to conduct weekly inspections of hazardous waste area

Aero-Electric Containers has since corrected the violations. The EPA discovered the violations during an April 2006 inspection.

"Companies that handle toxic wastes need to manage them correctly to ensure public safety and protect the environment," said Jeff Scott of the EPA. “EPA will pursue enforcement action against any facility found not handling hazardous waste properly.”

Firms that handle hazardous waste must engage in proper waste handling and storage to prevent spills and safeguard worker health. EPA’s RCRA program oversees the safe management and disposal of hazardous waste.

City Fined $142,000 for Illegal Sewage Discharges to Housatonic River

A major settlement involving federal and state regulators and the City of Shelton, Conn., will lead to improvements in the operation and maintenance of the city’s wastewater collection system and treatment plant, preventing discharge of untreated sewage to the Housatonic River.


Under terms of the settlement, the city eliminated its “wastewater treatment plant bypass” and agreed to implement a comprehensive, system-wide plan to ensure that overflows of raw sewage associated with insufficient wastewater collection system capacity are eliminated by July 30, 2010. Discharges of untreated sanitary sewage to waters of the United States violate the federal Clean Water Act and state environmental laws. The city will also pay a fine of $142,000, which will be split equally between the United States and the state of Connecticut.

"EPA is committed to taking action to bring aging sewer systems into compliance with the Clean Water Act," said Robert W. Varney, regional administrator for EPA’s New England office. "This settlement will significantly improve water quality in the lower Housatonic River, helping to protect public health and the environment from the risks posed by sewer overflows."

Historically, the city’s collection system was combined, handling both sanitary sewage and storm water during periods of wet weather. During the 1980s, the city separated much of the collection system and eliminated designated combined sewer overflow outfalls. However, the city maintained a wastewater treatment bypass to the Housatonic River from a manhole immediately prior to the headworks of the city’s wastewater treatment plant. The city’s National Pollutant Discharge Elimination System (NPDES) permit does not authorize discharges from any location other than the wastewater treatment plant’s outfall, which discharges treated wastewater to the Housatonic River.

"Shelton's agreement is a victory for clean water and public health, halting sewage spills that have polluted the Housatonic River,” Connecticut Attorney General Richard Blumenthal said. “This agreement means cleaner water, more fish and other wildlife, and more people enjoying this scenic waterway."

Reports provided by the city indicated that millions of gallons of untreated sewage were discharged to the Housatonic River since 2000—especially during wet-weather periods. Shelton recently completed the expansion of its undersized wastewater treatment plant, pursuant to an administrative order from the CT DEP in 2002, and, as of July 2007, the city certified to EPA that it had sealed the bypass outfall.

Properly designed, operated, and maintained sanitary sewer systems collect and convey sewage to a wastewater treatment facility prior to discharge. However, discharges of raw sewage from municipal sanitary sewers can occur.

These types of discharges, called sanitary sewer overflows (SSOs), have a variety of causes, including insufficient conveyance and treatment capacity that occurs, in part, due to clean water that infiltrates into collection systems through defects in the system or clean water that is improperly discharged directly to wastewater collection systems through cross connections with storm sewers and by individual homeowners through sump pumps, roof leaders or down spouts, yard and foundation drains.

SSOs also occur due to the improper discharge of fats, oils, and grease to the collection system; debris deposits and root intrusion associated with improper system operation and maintenance; electrical and mechanical failures; and vandalism. The untreated sewage from these overflows can contaminate our waters, causing serious water quality problems. Raw sewage discharges can carry bacteria, viruses, and other organisms that can cause life-threatening ailments, such as cholera, dysentery, infections, hepatitis, and severe gastroenteritis.

Because Connecticut law allows for “penalties” to be used to fund environmental projects, the state’s half of the penalty ($71,000) will be paid into a fund to be used to pay for environmentally beneficial projects.

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Trivia Question of the Week

A one-way coach class flight from Los Angeles to Chicago creates about how many pounds of C0₂?
a. 258
b. 550
c. 516
d. 1,100