The FMCSA amended its regulations to require interstate motor carriers, freight forwarders, brokers, intermodal equipment providers (IEPs), hazardous materials safety permit (HMSP) applicants, and cargo tank facilities under FMCSA jurisdiction to submit required registration and biennial update information to the Agency via a new electronic on-line Unified Registration System (URS). FMCSA establishes fees for the registration system, discloses the cumulative information to be collected in the URS, and provides a centralized cross-reference to existing safety and commercial regulations necessary for compliance with the registration requirements. The final rule implements statutory provisions in the ICC Termination Act of 1995 (ICCTA) and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, 2005 (SAFETEA-LU). The URS will streamline the registration process and serve as a clearinghouse and depository of information on, and identification of, motor carriers, brokers, freight forwarders, IEPs, HMSP applicants, and cargo tank facilities required to register with FMCSA.
Hazardous Waste Settlement Leads to 60 School Cleanups
Northland Environmental and its owner, PSC Environmental Services, will remove chemicals from 60 high schools and middle schools within a 50-mile radius of their Providence facility at 275 Allens Ave. where the violations occurred. The companies have agreed to pack up and properly dispose of both hazardous and non-hazardous wastes stored at the schools; do hazardous waste training for science and art teachers; and purchase safety equipment such as storage cabinets for flammable chemicals, eye washes, and deluge showers for classrooms where hazardous chemicals are used. This project will be done over 18 months during times when the schools are closed.
These alleged violations could have resulted in the release of hazardous wastes to the environment. The company also stored incompatible hazardous wastes next to one another, creating a potential for fire or explosions. The company quickly came into compliance after the violations were identified.
“All facilities that generate or manage hazardous wastes have an obligation to make sure they carefully adhere to the environmental requirements that result in safer, cleaner communities,” said Curt Spalding, regional administrator of EPA’s New England office. “This case will have a positive outcome, since the projects under this settlement will help provide safer classrooms at many schools in Rhode Island and Massachusetts.”
The school clean outs will involve removing outdated and unwanted chemicals from schools at no cost to the participating schools. Chemical management is often a low priority for schools and it is not uncommon for school science departments to have outdated and unneeded stock chemicals present.
“I want to thank the EPA and the Cranston School Department for working cooperatively to provide a safe environment for our students,” said City of Cranston Mayor Allan Fung.
“We are pleased to see funds from EPA actions like this reinvested in making Rhode Island a cleaner and safer place,” said Terrence Gray, P.E., Associate Director for Air, Waste, and Compliance at the Rhode Island Department of Environmental Management. “For many years, DEM has directly supported school districts across Rhode Island by removing old and unnecessary chemicals, but that effort has always been limited by the resources we have available. This recent investment extends this important initiative so that more of these dangerous materials can be taken out of our schools, providing a much safer environment for students and educators.”
“The science classroom environment is of the utmost importance as we work to support teaching and learning for students and teachers. Safety is our first concern so we were delighted to have a partnership with the EPA Integrated Chemical Management Program (ICM) who worked with our science teachers to inventory, organize chemicals, with regards to safety and to the benefit of classroom use. Working with this program provided our teachers with invaluable insights with regards to managing chemical supplies. The ultimate goal is to maximize safety and learning of science inquiry in Cranston Public Schools,” said Dr. Judith Lundsten, Superintendent Cranston Public Schools.
Rhode Island schools within a 50-mile radius of the Northland facility were sent emails letting them know of this opportunity to have toxic, hazardous, or chemicals prohibited by the state removed by participating in this project. Schools that were interested provided a list of the chemicals that need to be removed. Cranston, Rhode Island, is using the opportunity to provide both East and West High School with chemical cleanouts before school starts on August 27.
In addition to paying the fine and completing the environmental project, Northland/PSC has agreed to make sure the Providence facility remains in compliance with federal and state hazardous waste management regulations.
Northland/PSC’s Providence facility accepts and handles a broad spectrum of wastes including acids, alkalis, flammable wastes, water reactive wastes, cyanides, sulfides, oxidizers, toxic wastes, oily wastes, photochemical wastes, and laboratory packs. Hazardous and non-hazardous wastes are received, stored, and/or consolidated and then shipped offsite for treatment or disposal.
Nashville RCRA and DOT Training
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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.
NACAA Submits to EPA Principles for Setting GHG Emissions Guidelines for Existing Power Plants
As noted in the June 24-28, 2013, edition of the Washington Update, President Obama announced his Climate Action Plan on June 25, 2013, and issued a memorandum to EPA setting out a schedule for the agency to propose and finalize GHG emissions guidelines for existing power plants under section 111(d) of the Clean Air Act. NACAA’s principles include the following: EPA should work closely with state and local air agencies in developing emissions guidelines; EPA should establish a flexible program that recognizes that end-use energy efficiency and renewable energy investments, policies, and programs and shifting utilization towards lower emitting power plants reduce GHG emissions from the electrical system as a whole; the emissions guidelines should take into account the different makeup of existing fossil fuel generation in each state and provide compliance pathways or mechanisms that recognize such state variations and the different levels of effort that may be required, while maintaining the overall stringency of the emissions guidelines; EPA should provide flexibility and resources to assist state and local agencies in quantifying the benefits of end-use energy efficiency and renewables, while ensuring that methods for quantifying benefits are consistent across the country; and EPA should allow states or groups of states to demonstrate that their GHG reduction programs achieve equivalent or greater GHG reductions from the power sector than if they had implemented EPA’s proposal.
Decision on Toxic Sewage Sludge Forces EPA to Take Another Look
In particular, the rule fell short because EPA could not show that its rule requires the cleaner emission levels that well controlled incinerators are already achieving.
“Today’s decision sends EPA back to the drawing board. We hope the agency takes it to heart and does a better job next time,” said Jim Pew Earthjustice attorney representing the Sierra Club. “In communities from Palo Alto to Pittsburgh, people must live with these toxic neighbors, and they need the protection that the Clean Air Act was enacted to provide.”
“Sewage sludge incinerators end up burning everything that is flushed into the sewer systems: industrial wastes from small factories, wastes from doctors’ and dentists’ offices, wastes from automotive repair, pesticides, cleaning agents … A Pandora’s box of toxic chemicals end up contaminating sewage sludge, and without proper air pollution controls, all those chemicals go up into the air. Today’s decision says EPA needs to go back and require that all sewage sludge incinerators use the most effective air pollution control technologies to reduce their emissions,” said Jane Williams, co-chair of the Sierra Club’s Air Team.
There are over 200 sewage sludge incinerators operating in communities across the US. They emit toxic air pollutants like mercury, lead, acid gases, and dioxins and furans from facilities as they burn sewage sludge and industrial waste. The health effects from these pollutants include premature death, cancer, heart attacks, kidney disease, weakened immune systems, developmental delays, and any manner of respiratory problems. These incinerators are typically used to burn semi-solid wastes collected during wastewater treatment, are the sixth largest source of mercury pollution in the US.
Idaho Sugar Company Violates Clean Water Rules
“To help protect Idaho’s water quality, industries that discharge stormwater must follow the pollution controls required by the industrial stormwater permit,” said Ed Kowalski, director of EPA’s enforcement program in Seattle. “Companies who fail to comply with the industrial stormwater permit can put Idaho’s environment at risk and face federal penalties.”
If the company had complied with the industrial stormwater permit, they would have been required to develop a stormwater pollution prevention plan and to conduct regular self-inspections of their stormwater controls.
In 2012, the company discharged 4,000 gallons of stormwater from its storage lagoon to a drainage and irrigation ditch that drains to the Snake River, without authorization under the industrial stormwater permit. To settle the violations, the company agreed to pay a $7,500 fine and comply with the permit’s stormwater controls and environmental protections.
Companies to Pay $84,387 for Distribution of Misbranded Pesticides
An Illinois pesticide manufacturer and a Nebraska company that sold some of its fly control products have agreed to pay civil penalties totaling $84,387 to EPA to settle allegations related to their roles in the distribution or sale of misbranded pesticides.
In separate administrative settlement agreements filed by EPA Region 7 in Lenexa, Kansas:
- Vitalix, Inc., of Alliance, Nebraska, has agreed to pay a $39,683 civil penalty to resolve 19 violations of FIFRA related to its sales of the RF2025 Tub misbranded as #5 Altosid IGR Fly Tub, and of the RF2002 Block product misbranded as Mineralix Fly Tub with Altosid IGR#11
EPA alleged that the two fly control products were either misbranded with labels that did not include required cautionary language, or were distributed in conjunction with claims that differed from the pesticide registration information filed with EPA.
Under FIFRA, distributors of pesticides must ensure that the information on their products’ labels contains the same required cautionary information as found on the labels filed with EPA by the pesticides’ registrants, and that those pesticides are not distributed with claims that differ from the registration information filed with EPA.
Under federal regulations, a pesticide’s supplemental distributor—in this case, Vitalix—and its registrant—in this case, Wellmark International—are both responsible for ensuring that the distributor’s product is in compliance with FIFRA and the terms of the product’s registration.
Through their respective settlements with EPA, Wellmark International and Vitalix have certified that they are now in compliance with FIFRA and its regulations.
Yakima Fuel Distributor Violated Oil Spill Prevention and Response Safety Rules
EPA found multiple violations of Clean Water Act spill prevention rules and spill response requirements at the facility.
“Companies that store large amounts of fuel must be prepared to prevent and respond to fuel spills to protect people’s health and the environment,” said Jeff KenKnight, manager of EPA Region 10 wastewater permits compliance unit. “Companies must have comprehensive oil spill prevention and response plans in place and available to facility staff so they will be prepared if a spill occurs.”
Facilities with the potential for oil spills, and more than 1,320 gallons of aboveground fuel storage capacity, must prevent discharges to waterways by using a detailed Spill Prevention, Control, and Countermeasures Plan (SPCC).
EPA inspectors at the Wondrack facility noted that a SPCC had not been fully implemented, nor was it adequate for the facility, and evidence of procedures, inspection, and training were not available, nor was a complete copy of the plan. EPA inspectors also found that secondary fuel containment onsite had breaches from unknown piping and cracks in the walls.
Implementing a detailed SPCC tailored to the facility is an important step in preventing a fuel or oil release and being prepared if a release occurs. A spill at the Wondrack facility could harm the Yakima River. The company agreed to pay a $27,522 penalty in its settlement with the EPA.
Agreement Reached with AK Steel Corporation to Resolve Clean Air Act Violations
The United States and the Commonwealth of Kentucky have reached a settlement with the AK Steel Corporation (AK Steel) in Ashland, Kentucky, resolving alleged violations of the Clean Air Act, AK Steel’s title V permit, and the Kentucky State Implementation Plan, announced the Department of Justice and the EPA.
Under the terms of settlement, AK Steel will pay a civil penalty of $1.65 million, of which $25,000 will be paid to the Commonwealth of Kentucky, for the alleged violations that occurred at AK Steel’s former coke production facility in Ashland. AK Steel shut down the coke plant on June 21, 2011. Coke is used as a carbon source and as a fuel to heat and melt iron ore at steel making facilities.
Although AK Steel closed the plant involved in this enforcement action, AK Steel is currently operating the Ashland West Works facility a few miles away from the former coke plant. Under the agreement, AK Steel has agreed to spend at least $2 million on state projects to reduce particulate matter emissions at the Ashland West Works facility.
“This settlement holds AK Steel accountable for years of violations at its now closed coke plant in Ashland,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “As a result of this agreement, state projects to reduce particulate matter emissions at the Ashland West Works facility will continue to improve air quality for area residents for many years to come.”
“This settlement promotes a healthier environment for our citizens and represents a just resolution of this matter,” said US Attorney for the Eastern District of Kentucky Kerry B. Harvey. “We are committed to the effective enforcement of the environmental laws designed to protect the health of our people.”
“We are proud to join with our partners in the Commonwealth of Kentucky in this step toward cleaner air and better health for the citizens of Ashland,” said Stan Meiburg, EPA Acting Regional Administrator in Atlanta.
Notice of the lodging of the consent decree will appear in the Federal Register allowing for a 30-day public comment period before the consent decree can be entered by the court as final judgment.
Ironman Parts and Services to Pay $45,000 for Illegal Disposal of Toxic Diesel Exhaust Filter Dust
The California Department of Toxic Substances Control (DTSC) and the Riverside County District Attorney’s Office have announced a court-approved settlement agreement with Ironman Parts and Services stemming from its unlawful disposal of hazardous waste.
AFS, Inc., doing business as Ironman Parts and Services at 2535 Anselmo Drive in Corona, California, specializes in retrofitting engines to comply with California diesel emissions regulations.
The company will pay $30,000 in civil penalties for two counts of illegal hazardous waste disposal and will reimburse DTSC $15,000 in investigative costs.
In 2009, DTSC criminal investigators began a two-year investigation of the company after being alerted by the California Air Resources Board about potential wrongdoing. DTSC investigators discovered that the company illegally disposed of dust left in its diesel particulate filters by putting the dust into dumpsters. The dust is a hazardous waste due to extremely high levels of copper, zinc, and chromium, and needed to be managed as hazardous waste under California’s Hazardous Waste Control Law.
“The reduction of diesel exhaust and the proper disposal of the diesel particle dust is critical in safeguarding our communities,” said DTSC’s Chief Counsel and head of the Office of Criminal Investigations, Reed Sato. “DTSC will continue to partner with our sister agencies and local law enforcement to protect communities from this type of health risk.”
MassDEP Assesses $16,137 Penalty to Ludlow Firm for Asbestos Violations
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $16,137 penalty to Safe Environment of America, Inc., for violations of state asbestos regulations that occurred at a former gasoline station in Boylston that was slated for demolition.
During a July 2011 inspection, MassDEP inspectors observed Safe Environment of America personnel removing asbestos-containing transite panels from the exterior of the structure without any attempts to minimize breakage or to carefully lower them to the ground. During the inspection, MassDEP observed numerous dry, shattered asbestos-containing panels uncontained on the ground. Safe Environment of America, Inc., of Ludlow is an asbestos contractor licensed by the Massachusetts Department of Labor Standards.
MassDEP cited and penalized the company for failing to carefully lower the asbestos-containing materials to the ground and for failure to seal the asbestos waste while wet into leak-tight containers with appropriate asbestos warning labels affixed to them. State regulations require notification to MassDEP in advance of an asbestos removal project; as well as requiring the proper removal, handling, packaging, labeling, storage, and disposal of asbestos waste materials. Proper packaging and labeling of asbestos waste are critical measures that prevent the release of and potential exposure to asbestos fibers and warn of the health hazards associated with that type of waste material.
“Licensed asbestos contractors are fully aware of the removal, handling, packaging, and storage requirements that must be followed when dealing with asbestos-containing exterior panels,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester. “Asbestos is a known carcinogen, and following prescribed regulatory work practices is imperative to protect workers as well as the health of the general public and the environment. Failure to do so will result in significant penalty exposure, as well as escalated cleanup, decontamination and monitoring costs.”
Property owners or contractors with questions about asbestos-containing materials, notification requirements, proper removal, handling, packaging, storage and disposal procedures, or the asbestos regulations are encouraged to contact the appropriate MassDEP Regional Office for assistance.
Robert Bosch LLC Honored as Clean Corporate Citizen
The Michigan DEQ recently presented one of its highest environmental stewardship honors to four Robert Bosch, LLC, facilities located in Farmington Hills, Plymouth, Novi, and Flat Rock.
Robert Bosch LLC earned designation as a member of Michigan’s Clean Corporate Citizen Program May 6.Candidates demonstrate facility-specific environmental management systems, active pollution prevention initiatives, and a consistent record of compliance with state and federal environmental requirements.
Mike Mansuetti, president of Robert Bosch, LLC, said that environmental stewardship is one of the core values company founder Robert Bosch established more than 125 years ago and it remains an integral part of how the company does business today.
“Achieving the Clean Corporate Citizen Award is important to Bosch because it demonstrates that Bosch has earned the confidence and trust of the State of Michigan in establishing robust processes that will help protect and preserve the environment.”
Bosch has been in business for more than 125 years and employs approximately 1,800 associates at these four locations. They are identified as the 196th, 197th, 198th, and 199th Michigan facilities to receive this honor.
In the US, Canada, and Mexico, the Bosch Group manufactures and markets automotive original equipment and aftermarket solutions, industrial drives and control technology, power tools, security and communication systems, packaging technology, thermotechnology, household appliances, solar energy, healthcare telemedicine, and software solutions. Bosch in North America employs nearly 24,600 associates in more than 100 locations, with consolidated sales of $10.6 billion in fiscal year 2012.
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Trivia Question of the Week
Which automobile pollution control technology became universally adopted following the Clean Air Act Extension of 1970?
a. Exhaust gas recirculation (EGR)
b. Evaporative emission controls
c. Secondary air injection
d. Catalytic converters
