When combined with previous standards set by this Administration, this move will nearly double the fuel efficiency of those vehicles compared to new vehicles currently on our roads. In total, the Administration’s national program to improve fuel economy and reduce greenhouse gas (GHG) emissions will save consumers more than $1.7 trillion at the gas pump and reduce US oil consumption by 12 billion barrels.
“These fuel standards represent the single most important step we’ve ever taken to reduce our dependence on foreign oil,” said President Obama. “This historic agreement builds on the progress we’ve already made to save families money at the pump and cut our oil consumption. By the middle of the next decade our cars will get nearly 55 mpg, almost double what they get today. It’ll strengthen our nation’s energy security, it’s good for middle class families, and it will help create an economy built to last.”
The historic standards build on the success of the Administration’s standards for cars and light trucks for Model Years 2011–2016. Those standards, which raised average fuel efficiency by 2016 to the equivalent of 35.5 mpg, are already saving families money at the pump.
Achieving the new fuel efficiency standards will encourage innovation and investment in advanced technologies that increase our economic competitiveness and support high-quality domestic jobs in the auto industry. The final standards were developed by DOT’s National Highway Traffic Safety Administration (NHTSA) and EPA following extensive engagement with automakers, the United Auto Workers, consumer groups, environmental and energy experts, states, and the public. Last year, 13 major automakers, which together account for more than 90% of all vehicles sold in the US, announced their support for the new standards. By aligning Federal and state requirements and providing manufacturers with long-term regulatory certainty and compliance flexibility, the standards encourage investments in clean, innovative technologies that will benefit families, promote US leadership in the automotive sector, and curb pollution.
“Simply put, this groundbreaking program will result in vehicles that use less gas, travel farther, and provide more efficiency for consumers than ever before—all while protecting the air we breathe and giving automakers the regulatory certainty to build the cars of the future here in America,” said Transportation Secretary Ray LaHood. “Today, automakers are seeing their more fuel-efficient vehicles climb in sales, while families already saving money under the Administration’s first fuel economy efforts will save even more in the future, making this announcement a victory for everyone.”
“The fuel efficiency standards the administration finalized are another example of how we protect the environment and strengthen the economy at the same time,” said EPA Administrator Lisa P. Jackson. “Innovation and economic growth are already reinvigorating the auto industry and the thousands of businesses that supply automakers as they create and produce the efficient vehicles of tomorrow. Clean, efficient vehicles are also cutting pollution and saving drivers money at the pump.”
The Administration’s combined efforts represent the first meaningful update to fuel efficiency standards in decades. Together, they will save American families more than $1.7 trillion dollars in fuel costs, resulting in an average fuel savings of more than $8,000 by 2025 over the lifetime of the vehicle. For families purchasing a model Year 2025 vehicle, the net savings will be comparable to lowering the price of gasoline by approximately $1 per gallon. Additionally, these programs will dramatically reduce our reliance on foreign oil, saving a total of 12 billion barrels of oil and reducing oil consumption by more than two million barrels a day by 2025—as much as half of the oil the US imports from OPEC each day.
The standards also represent historic progress to reduce carbon pollution and address climate change. Combined, the Administration’s standards will cut GHG emissions from cars and light trucks in half by 2025, reducing emissions by six billion metric tons over the life of the program—more than the total amount of carbon dioxide emitted by the US in 2010.
President Obama announced the proposed standard in July 2011, joined by Ford, GM, Chrysler, BMW, Honda, Hyundai, Jaguar/Land Rover, Kia, Mazda, Mitsubishi, Nissan, Toyota, and Volvo, as well as the United Auto Workers. The State of California and other key stakeholders also supported the announcement and were integral in developing this national program.
In achieving these new standards, EPA and NHTSA expect automakers to use a range of efficient and advanced technologies to transform the vehicle fleet. The standards provide for a mid-term evaluation to allow the agencies to review their effectiveness and make any needed adjustments.
Major auto manufacturers are already developing advanced technologies that can significantly reduce fuel use and GHG emissions beyond the existing model year 2012–2016 standards. In addition, a wide range of technologies are currently available for automakers to meet the new standards, including advanced gasoline engines and transmissions, vehicle weight reduction, lower tire rolling resistance, improvements in aerodynamics, diesel engines, more efficient accessories, and improvements in air conditioning systems. The program also includes targeted incentives to encourage early adoption and introduction into the marketplace of advanced technologies to dramatically improve vehicle performance, including:
- Incentives for electric vehicles, plug-in hybrid electric vehicles, and fuel cells vehicles
- Incentives for hybrid technologies for large pickups and for other technologies that achieve high fuel economy levels on large pickups
- Incentives for natural gas vehicles
- Credits for technologies with potential to achieve real-world GHG reductions and fuel economy improvements that are not captured by the standards test procedures
DOT Proposes Revisions to Fireworks Regulations
PHMSA is proposing to revise the Hazardous Materials Regulations (HMR) applicable to the approval of Division 1.4G consumer fireworks (UN0336 Fireworks) and establish DOT-approved fireworks certification agencies that will provide an alternative to the approval process for Division 1.4G consumer fireworks. PHMSA is also proposing to revise procedural regulations pertaining to certification agencies.
Charlotte RCRA and DOT Training
Houston, TX RCRA and DOT Training
Columbus, OH RCRA and DOT Training
How to Prepare for OSHA’s Globally Harmonized Hazard Communication Standard (GHS)
Upgrade Your Career: Environmental and Safety Consultant/Trainers
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EPA Approves Emergency Fuel Waiver for Louisiana
As Hurricane Isaac made landfall in the US Gulf Coast, the EPA exercised its authority under the Clean Air Act (CAA) to temporarily waive certain federal clean gasoline requirements for Louisiana.
This waiver was granted by EPA in coordination with the Department of Energy (DOE), at the request of Louisiana Governor Bobby Jindal. EPA Administrator Lisa P. Jackson determined that extreme and unusual supply circumstances exist, which are likely to result in a shortage of gasoline compliant with federal regulations. The federal waiver will help ensure an adequate supply of gasoline in Louisiana until normal supply to the region can be restored.
The waiver applies to 7.8 psi low Reid vapor pressure (RVP) requirements for the State of Louisiana. The waiver is effective for 10 days and allows the sale of 9.0 psi conventional gasoline in the following fourteen Louisiana parishes: Ascension, E. Baton Rouge, Iberville, Jefferson, Lafayette, Lafourche, Livingston, Orleans, Point Coupee, St. Bernard, St. Charles, St. James, St. Mary, and W. Baton Rouge. EPA is continuing to actively monitor the fuel supply situation as a result of Hurricane Isaac, and is ready to act expeditiously if extreme and unusual supply circumstances exist in other areas in Louisiana with a 7.8 psi RVP fuel requirement. As required by law, EPA and DOE evaluated the situation and determined that granting a short-term waiver was consistent with the public interest. To mitigate any impacts on air quality the CAA provides strict criteria for when fuels waivers may be granted, and requires that waivers be limited as much as possible in terms of their geographic scope and duration.
EPA Grants Site-Specific Treatment Variance for Hazardous Selenium-Bearing Waste
The Agency has determined that the chemical properties of the waste generated by the Owens-Brockway Glass Container Corporation differ significantly from the waste used in developing the LDR treatment standard for selenium-bearing wastes, and as such, cannot be treated to the specified treatment level of 5.7 mg/L for selenium, as measured by the Toxicity Characteristic Leaching Procedure (TCLP). The site-specific treatment variance provides an alternative treatment standard of 59 mg/L TCLP for selenium, with the condition that the waste-to-reagent ratio not exceed 1:0.45.
Nominations Being Accepted for EPA’s Science Advisory Board Chemical Assessment Advisory Committee
The EPA is soliciting public nominations of additional scientific experts to be considered for appointment to the EPA’s Science Advisory Board (SAB) Chemical Assessment Advisory Committee (CAAC) to provide advice through the chartered SAB regarding Toxicological Reviews of environmental chemicals available on EPA’s Integrated Risk Information System (IRIS).
Any interested person or organization may nominate qualified persons to be considered for appointment to this advisory committee. Individuals may self-nominate.
Nominations should be submitted in time to arrive no later than September 19, 2012.
Illinois’ New Law to Detoxify Dry Cleaners
Illinois Governor Pat Quinn has signed a new law to impose tougher safety measures on the use of perchloroethylene by dry cleaners. House Bill 4526 requires dry cleaners to use best management practices while using the solvent. The law is backed by the dry cleaning industry, environmentalists, and Illinois Environmental Protection Agency.
“If improperly handled, dry cleaning solvents can seep into our groundwater and skies, and pose a threat to workers,” Governor Quinn said. “This new law will help protect our drinking water and we salute the dry cleaning industry—and especially the Korean American Drycleaners Association—for partnering with environmental advocates to get this done.”
Sponsored by Rep. Michael Zalewski (D-Summit) and Sen. Heather Steans (D-Chicago), this legislation includes improved control and containment systems, better training, and more comprehensive reporting. The law will require all new dry cleaning machines, beginning in 2013, to have primary and secondary control systems to reduce the concentration of perc, and to have sealed containment structures to contain leaks or spills by 2014.
“This legislation will significantly reduce future contamination of wells used for drinking water through improved handling and disposal of perchloroethylene through practices that are reasonable and affordable to the thousands of drycleaners across Illinois, many of which are small, family-run businesses,” said John Kim, Interim Director of the Illinois EPA.
“We’ve known about the dangers of perc for years, so, as an elected official, an Illinois resident and a parent, I am glad we could produce an agreement among small business owners, the Illinois EPA, and the General Assembly to protect Illinoisans from this potentially harmful chemical,” said Rep. Zalewski, who helped lead the negotiations.
Under the new law, each dry cleaning facility will be required to have at least one person trained in best management practices to be present when operating dry cleaning machines. The training must be approved by the Illinois Drycleaner Environmental Response Trust Fund Council. Proof of training must be available at the dry cleaning facility and a refresher course must be taken every four years.
“Protecting the purity of our state’s drinking water is a serious duty,” said Sen. Steans, Vice-Chair of the Illinois Senate Environment Committee. “This law will modernize the dry cleaning industry and prevent perchloroethylene from reaching our faucets.”
Perc—used for dry cleaning since the 1930s—was the first chemical to be classified as a carcinogen by a federal agency. Wellwater tainted by perc in the Village of Crestwood put the issue front-and-center in 2009. Of the 47 public health warnings issued by the Illinois EPA and Department of Public Health, 36 were due to detection of perchloroethylene.
“This bill is an example of what can happen when people in the dry cleaning industry, environmental advocates, and concerned elected officials come together with a common solution,” said Sung Kang, Chairman of the National Drycleaners Institute and past-President of the Korean American Drycleaners Association. “This new law provides protections to both the environment and the industry.”
The new law requires more reporting and transparency. Dry cleaning license renewals must include certification that all hazardous waste is being stored and transported lawfully. Manufacturers of perchloroethylene and other solvents sold in Illinois will be required to provide the Illinois EPA with information so that the Agency can determine if such chemicals are posing a health risk to the environment.
“We were able to bring all stakeholders to the table and arrive at a triple win for Illinois: protecting public health, preserving the environment and bringing economic stability to the dry cleaning industry,” said Melville Nickerson, Staff Attorney at the Environmental Law and Policy Center, who led negotiations on behalf of environmental groups.
“This bill will help prevent the hazardous dry cleaning chemical perc from contaminating groundwater, while also helping vet safety of new dry cleaning chemicals that may come along to replace perc,” said Max Muller, Program Director at Environment Illinois. “We applaud Governor Quinn, the Illinois EPA staff, and the dry cleaning industry for their leadership on this.”
There are 994 licensed dry cleaning facilities in Illinois. Last year, about 45,000 gallons of perchloroethylene were purchased in Illinois. The Illinois Drycleaner Environmental Response Trust Fund Council has classified only three dry cleaning solvents as being green: carbon dioxide, Propylene Glycol (Solv-Air), and Green Earth.
Proponents include the Illinois EPA, Korean American Drycleaners Association, National Drycleaners Institute, Environmental Law and Policy Center, Illinois Environmental Council, Environment Illinois, Sierra Club, and others. The law is effective immediately.
New Jersey Announces Program to Identify Hazards in Abandoned Buildings
A state pilot program to locate and identify hazardous materials left behind or discarded in abandoned urban buildings, and which may pose a threat to firefighters, emergency responders, and residents, has been established by the New Jersey Department of Environmental Protection’s (DEP) Bureau of Emergency Response.
The first target of new the Boots on the Ground program is the city of Camden, where a team of investigators from a host of agencies this summer completed inspections of 31 select abandoned warehouses, industrial, and commercial buildings—that seemed to have the highest potential for housing dangerous materials—and analyzed the contents at each location.
The data has been fed into a Geographic Information System (GIS) program, which will be available to police and emergency personnel, through mobile computer systems or dispatching services. Should a fire break out or emergency situation arise at one of these abandoned sites, first responders and dispatchers now have electronic access to the property’s profile and can immediately learn what hazards may exist.
A spate of dangerous fires in abandoned buildings in Camden in 2011 served as impetus for the pilot program, said DEP Director of Emergency Management Robert Van Fossen.
“We believe each of these property profiles will benefit firefighters in terms of safety, while also reducing the risk of larger chemical fires that have occurred in Camden,” said State Police Superintendent Rick Fuentes, who oversees the state Office of Emergency Management (OEM). “It also offers more protection to residences and businesses located near these abandoned structures.”
“This program enables emergency personnel to have a better understanding of the risks posed by a fire or other type of emergency at one of these sites, and allows for better coordination of the response and recovery efforts,” said Edward Dickson, Director of the New Jersey Office of Homeland Security and Preparedness.
The DEP is considering extending the program to another New Jersey city in 2013.
Partnering with DEP and OEM in launching the program are the state Office of Homeland Security, state Division of Fire Safety, Camden fire and police departments, Camden Department of Public Works, and the Office of City Attorney, as well as PSE&G and the United Water Co.
“Given the numerous vacant and abandoned properties within the city, this new pilot program will provide our first responders with the critical and necessary information they need to properly battle a fire if one was to occur at any of these properties,” said Camden Mayor Dana L. Redd. “We thank DEP, OEM, and all the agencies involved for creating this pilot program which will make our first responders and Camden residents safer.”
Property inspections of abandoned buildings and properties that began in Camden last December turned up minimal amounts of hazardous chemicals and toxic materials, but found combustible materials that could fuel fires. Included were drums filled with waste oil, propane tanks, paints, air, and gas cylinders, and different types of solid waste, including tires, paper, wood waste, and construction debris. Other hazards that included syringes, needles, mold, blood, feces, wild and domestic animals, and holes in building floors that could be deadly traps for responders.
In addition to content, each property profile lists the construction type of each structure, whether or not it is still powered by gas or electricity, and the presence of any underground storage tanks (USTs). Additional mapping shows each building’s proximity to fire hydrants, hospitals, and schools.
“Even non-hazardous materials present a serious safety risk during a fire,” Van Fossen said. “The Boots on the Ground program provides any responder a crucial knowledge base before entering a potentially dangerous situation.”
“This effort will enable us to identify situations and conditions that would alert responders to hazards and potential problems such as flammable contents and collapse potential,” added Camden Department of Public Works Director Patrick Keating.
A next longer-term step in this effort will be to identify owners of these abandoned buildings and have them remove dangerous materials, at their cost. The DEP also will seek to identify potential funding to finance cleanups when owners can’t be found or have no resources.
This program is part of the DEP’s focus on overburdened communities, such as Camden, whose residents deal with the cumulative impacts of many sources of pollution. Currently, DEP has more than 20 active programs and activities involving Camden, including remediation of the Harrison Landfill in the Cramer Hill section, which will clear the way for the construction and operation of the new Salvation Army Camden Community Center.
Camden also has embarked on some important environmental initiatives. As part of an effort called Operation Hawk Eye, Camden police last year charged 20 individuals accused of illegally dumping debris and materials in three of the city’s neighborhoods. Mayor Redd also recently announced the city would move to enhance recycling, starting by distributing 65 gallon recycling containers to Camden businesses that pledged to begin separating their recyclables.
EPA Bans Sale of AZM
The EPA has reconfirmed that all sales of the pesticide azinphos-methyl (AZM) will be banned after September 30, 2012. AZM is a highly neurotoxic insecticide that attacks the human brain and nervous system. However, while AZM can no longer be sold or distributed, stocks purchased prior to that time can be used up until September 30, 2013 due to growers having a backlog of the pesticide due to unusual weather patterns, the EPA said.
In 2004, farmworkers and environmental groups represented by Earthjustice and Farmworker Justice sued the EPA for allowing the continued use of AZM, despite numerous poisonings every year of workers and people who live near the fields. To settle the lawsuit, the EPA agreed to consider alternatives to AZM and the toll it takes on people and to reconsider allowing its continued use. In November 2006, EPA decided that the harm to workers and families is so great that all uses of AZM must be phased out by September 30, 2012, and it required reduced usage and additional protections for workers during the phase-out period.
EPA gave industry and growers an opportunity to make the case for continuing AZM uses. It reviewed new information and arguments made, but confirmed that the harm to people is still too great to allow this nerve poison to be used on our crops. The last uses of AZM to be eliminated are on apples, cherries, pears, blueberries, and parsley. The highest uses occur in Washington, Oregon, California, Michigan, and New York.
Shell to Start Arctic Drill Preparations, Lawsuit Filed
The Obama Administration has granted Shell approval to prepare for oil drilling in environmentally fragile Chukchi Sea off Alaska although a critical oil spill containment vessel has not been certified.
Shell will be permitted to start certain limited preparatory activities for drilling off Alaska’s northwest coast, Department of Interior (DOI) Secretary Ken Salazar told reporters.
Salazar said that Shell can construct a 40-foot-deep structure needed to install a blowout preventer, a stack of valves intended to keep oil from entering the water in case of a well blowout.
He said Shell also would be allowed to drill a top hole as deep as 1,400 feet and set steel pipe and concrete.
“[This] action does not authorize Shell to drill into oil-bearing reservoirs,” Salazar said.
Shell has said the shallowest oil-bearing reservoirs are about 4,000 feet deeper.
Shell was allowed to move forward because time is running out before ice closes in at the drill site in the Chukchi Sea 70 miles offshore of the coastal town of Wainwright, Alaska.
James Watson, director of the DOI’s Bureau of Safety and Environmental Enforcement (BSEE), said, “It is our highest priority that any activities that occur offshore Alaska be held to the highest safety, environmental protection, and emergency response standards. Shell’s applications for permits to drill into potential oil reservoirs remain under review, and Shell will not be authorized to drill into areas that may contain oil unless and until the required spill containment system is fully certified, inspected, and located in the Arctic.”
“[This] announcement authorizes Shell to move forward with limited activities well short of oil-bearing zones that can be done safely now prior to the certification and arrival of the containment system.”
Shell’s drillship Noble Discoverer is expected to arrive at the Chukchi exploration drill site late Friday.
BSEE inspectors will be present on the Noble Discoverer to provide continuous oversight and monitoring of all approved activities, Watson said. BSEE safety experts have already conducted what Watson called “thorough and comprehensive inspections of the drillship and Shell’s response equipment.”
Shell had applied for permission to drill five or six exploratory wells in the Chukchi and Beaufort seas this season. But before Shell drills into oil reservoirs, the company will have to complete the certification required by the BSEE of the Arctic Challenger, a 4,700-ton spill containment vessel being refitted in Bellingham, Washington.
Salazar said Shell estimates that the Challenger can be certified within five days. Shell has said it would take two weeks to move the vessel from Bellingham to the drill site.
The DOI has said that Shell would not be allowed to drill in the Chukchi Sea past September 24, which would leave enough time for a relief well to be drilled in the event of a spill. The deadline is October 31 in the Beaufort Sea to the east.
A federal lawsuit to force release of crucial safety data on response to an offshore oil rig blowout in Arctic waters was filed by Public Employees for Environmental Responsibility, PEER.
The national group representing workers in government resource agencies says the unreleased testing data would shed light on whether there could be a repeat of the disastrous 2010 Deepwater Horizon blowout in the Gulf of Mexico from the first wells to be drilled this summer on the Arctic Outer Continental Shelf.
In a June 27, 2012 press release, the BSEE declared that Shell had passed “comprehensive testing” on its “Arctic-ready capping stack system.”
BSSE described the capping system as a key piece of safety equipment needed to prevent a recurrence of BP’s three-month-long, five million barrel oil spill in the Gulf and that its crucial tests were leaving nothing to chance.
Following the BSSE press release, Rick Steiner, a retired University of Alaska professor and PEER board member who is an expert in oil spill response, requested the actual Shell cap test data under the Freedom of Information Act.
BSSE has not produced the data within the statutory time limits and PEER, representing Professor Steiner, filed a lawsuit to compel release of the testing results.
Steiner said, “The DOI and Shell say that the capping stack tests were rigorous and proved the equipment will work to stop a wellhead blowout. But the public deserves to see the test results to judge whether the testing was indeed rigorous, and whether the capping stack actually works.”
“That DOI is delaying release of the results, and Shell is poised to begin drilling its first Arctic Ocean wells within days, underscores the urgency here. This is why we needed to sue to obtain the results,” Steiner said.
This February, the Government Accountability Office (GAO), the investigative arm of Congress, released a report entitled Interior Has Strengthened Its Oversight of Subsea Well Containment, but Should Improve Its Documentation.
The GAO report found that the DOI has no definitive process for insuring both the availability and the reliability of blowout prevention and response equipment.
The report also stressed the unique risks of Arctic offshore drilling, including floating ice, scouring ice that shears along the ocean floor, and lack of any emergency infrastructure in the frigid, remote seas.
“Given its track record, DOI cannot just say ‘Trust us, we have this covered,’” said PEER Staff Counsel Kathryn Douglass, who filed the legal action.
“Complete transparency on this paramount issue is essential for public confidence that the federal government is not again accommodating oil companies at the expense of protecting irreplaceable public resources,” said Douglass.
PEER also has urged that the DOI require redundant back-up systems as the Canadians do to prevent the nightmare scenario of a runaway spill under impenetrable sea ice from a blowout at the end of the short drilling season.
PEER says DOI has rejected multiple response requirements, instead relying on the single capping stack system now being towed to the Arctic.
US Scientists Record Greatest, Earliest Loss of Arctic Ice Ever
Scientists from the US National Snow and Ice Data Center have confirmed that Arctic sea ice extent has reached a record low, beating the previous mid-September low in 2007. Ice loss is driven by emissions of long-lived gases like carbon dioxide and short-lived climate pollutants like methane and black carbon, or soot. Black carbon and methane have short atmospheric lifetimes, so emissions reductions provide near immediate climate benefit.
“It used to be that Arctic ice melt was something that was in the model prediction, but now we see not only that the reality is upon us, but that it is even more extensive than projected,” said Rafe Pomerance, a former climate negotiator and Deputy Assistant Secretary of State. “The loss of ice is an urgent message that calls for a comprehensive policy response.”
Ellen Baum, senior scientist with the Clean Air Task Force, said the news makes it more urgent than ever that black carbon and methane from pending Arctic oil and gas development be minimized. Arctic emissions of soot, methane, and CO2 are set to increase this year as companies begin drilling for oil and gas. “The Arctic is slipping away fast,” Baum said. “We must immediately begin to slow down that process, first by requiring oil and gas operations to curb their soot and methane emissions.”
Recent studies including an assessment by the United Nations Environment Program (UNEP) and the World Meteorological Organization (WMO) indicate that it’s possible to slow the pace of warming and melting in the Arctic in the near term by reducing emissions of two common climate pollutants: black carbon and methane, both of which are emitted from the extraction and burning of fossil fuels.
These short-lived climate pollutants remain in the atmosphere for only a few days to a decade, compared to centuries or more for CO2. “That means that reducing emissions of these climate pollutants would provide rapid climate benefits, especially in the Arctic where black carbon pollution accelerates the melting of ice and snow,” said Erika Rosenthal, the Earthjustice attorney who was part of the author team for the UNEP/WMO assessment.
Arctic sea ice cools the planet, while providing refuge for much of the region’s iconic wildlife. When ice melts it reveals darker Arctic Ocean water, which in turn absorbs more heat from the sun, further heating the region. “Because of its reflectivity, Arctic sea ice is a critical cooling component of the earth’s climate system; its loss will mean a much hotter world,” added Mr. Pomerance.
“The rapid loss of sea ice is a powerful indicator of the accelerated warming occurring throughout the Arctic,” said Earthjustice attorney Rosenthal. “This warming is causing the swift increase in the melting of glaciers and the Greenland Ice Sheet that led scientists to project a sea level rise of between 0.9 and 1.6 meters by the end of the century. For low-lying communities from the Pacific Islands to Bangladesh, and much of the US Atlantic coast, this would be calamitous.”
The lowest amounts of Arctic sea ice on record since satellite monitoring began in 1979 have all been recorded during the last six years. The remaining ice is less dense and thinner. The volume of sea ice is also at a record low. The thinner the ice, the faster it melts. That this year’s record low is happening three weeks earlier than previous lows means that the 2012 ice extent and volume will continue to decrease even more until sea ice begins to regrow again in early fall.
International Builder and Subsidiary Settle Stormwater Violations at Construction Sites
On August 27, 2012, EPA filed two Consent Agreements and Final Orders alleging that Turner and Tompkins violated their Clean Water Act (CWA) permits allowing for the discharge of stormwater from construction sites, and in other instances discharged construction stormwater without permits. The alleged violations occurred at 17 construction sites the companies operated in Maryland, Virginia, Pennsylvania, and Washington, District of Columbia. Fifteen of these sites are located in the Chesapeake Bay watershed and two are in the Delaware River watershed.
Turner and Tompkins operated these sites for clients including federal and local governments, the Department of Defense, universities, and other organizations. A construction project at Prince George’s Community College Center for Health Studies is among them, in which case unfiltered basin water flowed, absent a permit, to the storm sewer system that discharges to the Western Branch of the Patuxent River.
In the mid-Atlantic region, Virginia, Maryland, and Pennsylvania are authorized to issue CWA stormwater permits with oversight from EPA; stormwater permits in the District of Columbia are issued by EPA.
In general, the permits in this case required the companies to install controls to prevent pollutants, such as sediment, debris, and chemicals, from being discharged in stormwater into nearby waterways. These controls may include common-sense safeguards such as silt fences, phased site grading, and sediment basins to prevent construction contaminants from polluting waterways.
EPA’s complaint includes allegations that at various sites the companies failed to:
- Perform or properly document required site inspections
- Maintain structures and controls designed to prevent polluted stormwater from reaching streams
- Obtain CWA permits prior to beginning construction
EPA worked closely with state and local environmental agencies to detect and resolve these violations. State and local personnel conducted numerous field inspections, and the agencies shared technical and legal expertise. EPA required Turner and Tompkins to provide extensive documentation concerning their construction activities at numerous locations.
In addition to paying civil penalties, Turner and Tompkins entered into an earlier settlement requiring the companies to implement a program to assure future compliance with federal construction stormwater requirements.
As part of the settlement, the companies did not admit liability for the alleged violations.
EPA Issues Complaint to Tahiti Nui for Failing to Close Cesspools
EPA has inspected Marston’s property, including the Tahiti Nui Restaurant and Cocktail Bar, multiple times and notified Marston that his establishment was in violation of the federal regulations. In 2006, the owner acknowledged the operation of large capacity cesspools and retained the services of a professional engineer to design a state-approved individual wastewater system to replace the cesspools.
However, in 2010, EPA determined that Marston had failed to comply with the requirements to close and convert the three cesspools serving his property. As a result of the continued noncompliance, EPA is now seeking penalties of up to $177,500, the amount authorized under the SDWA, in addition to prompt closure and replacement of the cesspools with an approved wastewater system.
The facility is located in a priority watershed, as designated by Hawaii and EPA, where use of the large capacity cesspools poses a significant risk to underground sources of drinking water and nearby surface waters.
The regulations do not apply to single-family homes connected to their own individual cesspools or to non-residential cesspools that do not have the capacity to serve 20 or more people.
Cesspools, which are used more widely in Hawaii than any other state, discharge raw sewage into the ground, where disease-causing pathogens and other contaminants can pollute groundwater, streams, and the ocean. Large capacity cesspools are used by restaurants, hotels, office complexes, and multiple dwellings, such as duplexes, apartments, and condominiums, to dispose their sanitary waste.
Industrial Laundry Faces Fine for CWA Violations
An industrial laundry facility in Lebanon, New Hampshire faces a penalty of $64,000 from the EPA for several violations of federal water laws, including discharging water containing detergent to the city’s public wastewater system which caused excessive foaming in the Connecticut River.
According to a complaint, UniFirst Corp., discharged wastewater containing industrial grade detergent into the public wastewater system in November 2010 and failed to immediately notify the city of the discharge. Both actions violated the CWA. The complaint also details that in 2011 UniFirst discharged wastewater with a high acidity, also in violation of the federal CWA.
UniFirst operates an on-site wastewater treatment system that introduces process wastewater into the City of Lebanon’s system, which in turn discharges treated wastewaters into the Connecticut River. The detergent violations caused the city to be out of compliance with its own National Pollution Discharge Elimination System (NPDES) permit regulating its wastewater system.
Discharges of prohibited effluents from industrial users can present a risk to nearby waters and aquatic life. An industrial user’s failure to immediately notify the local wastewater treatment system and any other applicable state or federal emergency responders undermines their ability to promptly respond to a potential threat.
US Navy Settles Hazardous Waste Violations
EPA cited the US Navy for violating the Resource Conservation and Recovery Act (RCRA), the federal law governing the treatment, storage, and disposal of hazardous waste. RCRA is designed to protect public health and the environment, and avoid costly cleanups, by requiring the safe, environmentally sound storage and disposal of hazardous waste. In addition, RCRA regulates USTs with the emphasis on preventing releases from USTs, which can cause serious contamination to our nation’s groundwater.
The US Navy facility, which provides housing and training for the nation’s expeditionary forces, allegedly violated RCRA by failing to determine if the waste was hazardous; storing hazardous waste at the facility; failing to label containers with date and contents; failing to have functioning spill and over fill equipment for two USTs; and failing to notify the state when a new oil-containing UST was installed.
The settlement penalty reflects the Navy’s compliance efforts, and its cooperation with EPA in the investigation and resolution of this matter. The facility has made significant improvements to come into compliance including the removal of an UST, providing personnel training and implementing better management practices. As part of the settlement, the US Navy has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA requirements.
EPA and Baltimore’s CNX Marine Terminals, Inc. Settle Water and Waste Violations
The alleged violations were at the CNX terminal in Baltimore, Maryland.
According to the consent agreement and final order, the specific alleged violations include unauthorized stormwater discharges from a pipe into the Janney Run Creek, failure to properly operate and maintain the release detection system on a 2,000-gallon UST, failure to conduct a line tightness test on the UST every three years, and failure to properly store used fluorescent lamps.
The $34,600 settlement penalty reflects the cooperation of CNX Marine Terminals with EPA’s investigation.
Uncontrolled stormwater runoff often contains sediment, suspended solids, oxygen-demanding compounds, and other pollutants that can harm our nation’s waterways. Under the CWA, facilities must obtain permits issued by EPA or the state environmental agency before discharging stormwater runoff into waterways. These permits include requirements for erosion and sediment controls and precautionary best management practices such as spill prevention safeguards, material storage, and employee training.
USTs must be tested to prevent leaks because the greatest potential threat from a leaking UST is contamination of groundwater, the source of drinking water for nearly half of all Americans. These leaks can threaten public safety and health as well as the environment because UST systems contain hazardous and toxic chemicals. Cleaning up petroleum leaks is difficult and usually expensive. Federal regulations ensure that USTs are structurally sound because it is easier and less costly to prevent leaks before they happen.
Painting Company Fined for Failure to Notify Customers about Lead Hazards
A national house painting company with offices in Woburn, Massachusetts, has agreed to pay a $7,200 penalty and to spend $65,000 on an environmental project at a school in Cambridge to settle claims by the EPA that it failed to provide required lead hazard information to home owners in four New England states on 41 occasions.
According to the settlement, College Pro Painters failed to provide EPA’s lead hazard information pamphlet to at least 41 owners and adult occupants of pre-1978 housing before beginning painting projects at units in Connecticut, Maine, Massachusetts, and New Hampshire.
In addition to paying the penalty, College Pro will spend $65,000 to replace or restore 79 windows that likely contain lead paint at Congregation Eitz Chayim (Harvard Hillel Children’s School) in Cambridge, Massachusetts.
College Pro, an interior and exterior house painting company based in Maryland, had more than 300 franchisees operating in 27 states as of 2009. All of the work at issue in this case was performed by College Pro employees or contractors, not by franchisees.
The Pre-Renovation Rule aims to educate owners or occupants on how to minimize their exposure to hazardous lead dust that is often generated during painting projects conducted in older homes. The Rule requires that companies notify owners or occupants before starting work in homes built before 1978 that disturbs more than six square feet of interior or 20 square feet of exterior painted surface and that they provide them with an EPA-approved pamphlet with information about lead paint hazards and necessary precautions. Exposure to lead is particularly harmful to children under six years old and to pregnant women.
In June 2006, EPA’s New England office sent letters explaining the Pre-Renovation Rule to more than 600 painting companies, contractors, and remodeling firms in New England, including College Pro. In 2007, EPA began inspecting several of those entities who had received these letters.
This case stems from an October 2009 inspection of College Pro’s New England offices in Woburn. EPA’s inspection and follow up information gathering showed that College Pro failed to provide the EPA lead information pamphlet to the owners or occupants (or mail the pamphlet to the owners during the time limits required) on at least 41 occasions—28 in 2008 and 13 in 2009.
The lead abatement project in Cambridge must be completed within 150 days of the agreement.
MDE Issues Enforcement Actions
The Maryland Department of the Environment (MDE) has announced major enforcement actions in recent months for alleged violations of MDE requirements for land, air, water, and wetlands.
Land Pollution Enforcement Actions
Lead Cases
MDE’s Lead Poisoning Prevention Program serves as the coordinating agency of statewide efforts to eliminate childhood lead poisoning. Under the 1994 Reduction of Lead Risk in Housing Act, MDE assures compliance with mandatory requirements for lead risk reduction in rental units built before 1950, maintains a statewide listing of registered and inspected units and provides blood lead surveillance through a registry of test results of all children tested in Maryland. Alleged violations typically involve a failure to register properties or meet lead risk reduction standards. The following actions were for properties alleged to be out of compliance with lead risk reduction standards:
- Beverly Price-Evans—Baltimore City: five affected properties—On July 27, 2012, MDE issued an Administrative Complaint, Order, and Penalty requiring compliance with Maryland’s lead law and seeking $10,500 for alleged violations.
- Reginald Johnson and Jacqueline Johnson—Baltimore City: three affected properties—On July 27, 2012, MDE issued an Administrative Complaint, Order, and Penalty requiring compliance with Maryland’s lead law and seeking $27,000 for alleged violations.
- Angel R.G. Majano—Hyattsville, Prince George’s County: one affected property—On July 30, 2012, MDE issued an Administrative Complaint, Order, and Penalty requiring compliance with Maryland’s lead law and seeking $31,000 for alleged violations.
- 2513 Loyola Southway, LLC—Baltimore City: one property—On July 31, 2012, MDE issued an Administrative Complaint, Order, and Penalty requiring compliance with Maryland’s lead law and seeking $9,000 for alleged violations.
- James Cannon—Baltimore City: one affected property—On July 17, 2012, MDE entered into a Settlement Agreement and Consent Order to resolve alleged violations of Maryland’s lead law. The defendant agreed to a penalty of $5,000. The penalty has been paid.
- 825 West 38th Street, LLC—Baltimore City: four affected properties—On August 7, 2012, MDE entered into a Consent Decree to resolve alleged violations of Maryland lead law. The defendant agreed to a penalty of $15,000.
Oil Control (UST)
The Oil Control Program has highly trained staff to help companies and individuals ensure that their USTs are in compliance with State and federal regulations. All regulated USTs within Maryland are required to be registered through the UST Notification Program. All USTs storing motor fuels (e.g., gasoline, diesel) must meet specific technical standards (corrosion protection, spill/overfill prevention, leak detection, and financial responsibility) or be removed from the ground.
- Byron Byrd and Janice Byrd—Hagerstown, Washington County: On July 25, 2012, MDE issued an Administrative Complaint, Order, and Penalty requiring compliance with Maryland’s UST law and seeking $45,000 for alleged violations.
According to Code of MD regulation (COMAR) 26.10.06, the installation, repair, removal, or inspection of UST systems requires an individual to be certified and present during all phases of work at regulated tank systems. The Land Management Administration Oil Control Program administers and enforces the certification of technicians, removers and inspectors that perform this work.
Robert Yoakum, Jr.—On August 7, 2012, MDE issued an Administrative Complaint, Order, and Penalty requiring compliance with Maryland’s UST law and seeking $9,500 for alleged violations.
Solid Waste Cases
Solid waste acceptance facilities must ensure the proper disposal of solid waste in an environmentally acceptable manner while protecting the public health and the environment, including surface and groundwater. A Refuse Disposal Permit is required for the installation, alteration, or extension of a solid waste acceptance facility. The Permit regulates the design, construction, operation, and monitoring of such facilities to minimize the impact on public health and the environment. Municipal, rubble, and some industrial waste landfills are required to have liners and leachate collection systems that facilitate the collection of leachate and prevent migration of pollutants out of the landfill to adjacent subsurface soil, groundwater, and surface water. With some exceptions, processing and transfer activities are required to be conducted in an enclosed building to control odor, dust, and noise.
- Jody Cahall—Denton, Caroline County: On July 16, 2012, MDE issued a Notice of Violation, seeking $5,000 for alleged open dumping and open burning violations.
- R.B. Baker and Sons, Inc.—Queenstown, Queen Anne’s County: On August 2, 2012, MDE issued a Notice of Violation requiring compliance with Maryland’s refuse disposal law and seeking $12,000 for alleged violations.
- Waste Management, Closed Site Management Group—Joppa, Harford County: On August 14, 2012, MDE issued a Notice of Violation requiring compliance with Maryland’s refuse disposal law and seeking $5,000 for alleged violations.
Air Pollution Enforcement Actions
MDE’s Air and Radiation Management Administration ensures that all citizens and businesses are meeting the requirements of the Federal CAA as well as Maryland’s air pollution control laws. The Administration oversees air pollution monitoring, planning, and control programs to improve and maintain air quality and a radiation control program to protect the public from unnecessary exposure to radiation from medical equipment and other devices, in conformance with federal and state law.
- Lehigh Cement Company—Carroll County: On July 19, 2012, MDE entered into a Settlement Agreement with the Lehigh Cement Company to address alleged violations of air pollution requirements. Lehigh exceeded particulate matter standards, as demonstrated by a stack test. Lehigh has since returned to compliance. The Settlement Agreement requires that Lehigh comply with an improved Operations, Maintenance, and Monitoring Plan to prevent future violations. The Agreement also requires Lehigh to pay a $50,000 penalty.
Water Pollution Enforcement Actions
It is unlawful for any person to introduce soil or sediment into waters of the State or to place soil or sediment in a condition or location where it is likely to be washed into waters of the State. State law requires that, prior to performing construction activity, a person obtain and implement a Soil Conservation District-approved erosion and sediment control plan that must be maintained for the life of the project for any proposed land clearing or earth disturbance greater than 5,000 square feet.
State law prohibits the discharge of any pollutant into waters of the State, unless such discharge is in compliance with the terms, conditions, and requirements of a discharge permit. Earth disturbances that exceed one acre are required to obtain a National Pollutant Discharge Elimination System Permit for Stormwater Discharges Associated with Construction Activity from MDE. The NPDES Permit requires that an approved erosion and sediment control plan be obtained and implemented, that self-monitoring inspections occur, and that a log of such inspections be maintained.
- McLean Construction Company—Baltimore City: On August 2, 2012, MDE and McLean Construction Company finalized a settlement agreement resolving alleged sediment control and sediment pollution violations at the Masonville Dredge Material Containment Facility in December 2008. McLean Construction has agreed to pay $16,000 to the Clean Water Fund in settlement of the alleged violations.
- Wooters Excavation, LLC—Cecil County: On August 6, 2012, the Office of Administrative Hearings issued a Final Default Order against Wooters Excavation, LLC, to resolve alleged sediment pollution and sediment control violations at the Red Hill Run subdivision construction site in Elkton. The Default Order granted $120,000 to MDE. Wooters Excavation has thirty days to file a written motion to modify or vacate the Default Judgment.
- ICC Constructors, A Joint Venture—Montgomery County: On July 18, 2012, ICC Constructors, A Joint Venture, paid $12,000 to the Clean Water Fund to resolve alleged sediment control and water pollution violations during construction of the InterCounty Connector between November 2008 and December 2009.
- Baltimore County DPW and Miller Pipeline, LLC—Baltimore County: On August 2, 2012, MDE finalized a settlement agreement with Baltimore County Department of Public Works and Miller Pipeline, LLC, to resolve alleged sediment control, sediment pollution and waterway construction violations during a sewer pipe relining project. Under the terms of the settlement agreement, Miller Pipeline paid $5,800 to the Clean Water Fund.
- Town of Greensboro—Caroline County: On July 23, 2012, the Town of Greensboro paid $20,000 to the Clean Water Fund to resolve alleged water pollution violations at the Greensboro Wastewater Treatment Plant.
State laws governing wetlands were developed to protect the State’s natural resources that depend on those wetlands and minimize impacts while allowing property owners reasonable use of their property. Property owners must notify MDE before conducting any work in tidal and nontidal wetlands, their buffers, and waterways of the State. MDE assesses the impact of any proposed work on tidal and nontidal wetlands and, if appropriate, will issue a permit authorizing the work as long as the necessary environmental protections are in place.
- Babak and Lisa Yazdoni—Montgomery County: On August 8, 2012, MDE executed a settlement agreement to resolve alleged non-tidal wetland violations on their residential property in Poolesville. Under the terms of the settlement agreement, a $7,000 penalty has been paid and wetlands remediation activities are required to be implemented at the site.
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