Compliance with the 56th edition of the IATA Dangerous Goods Regulations (DGR) will be required on January 1, 2015. The 2015 version of the DGR incorporates amendments made by the ICAO Dangerous Goods Panel in developing the content of the 2015–2016 edition of the ICAO Technical Instructions as well as changes adopted by the IATA Dangerous Goods Board.
The following list of changes is prefaced by the section or subsection of the IATA DGR in which the change occurs.
1—Applicability
1.2.11—an exception has been added for lamps that contain specified quantities of dangerous goods.
1.4—Operator Responsibilities
The requirements related to the provision of information to passengers as set out in 1.4.3 have been clarified to identify that passengers must be presented with the applicable information on operator booking and check- in websites.
2—Limitations
2.2—Hidden Dangerous Goods
A note has been added under paragraph 2.2.2 to bring to the attention of freight forwarders, ground handling agents and operators that the presence of diamond-shaped pictograms on packages may indicate the presence of dangerous goods. These diamond-shaped pictograms are required by the Globally Harmonized System for Classification and Labeling of Chemicals (GHS) and form part of the hazard communication system for supply and use.
2.3—Dangerous Goods Carried by Passengers or Crew
The provisions applicable to portable electronic devices, including medical devices containing lithium batteries and spare batteries have been restructured to set the requirements out in three parts:
1. Spare lithium batteries above a specified size, which are permitted only with the approval of the operator, and that must be in carry-on baggage
2. Lithium battery powered electronic devices containing batteries above a specified size, which are permitted only with the approval of the operator
3. Portable electronic devices (PED) and spare batteries for such devices where the batteries are at or below the specified size which are permitted without operator approval. PED may be in checked or carry-on baggage. All spare batteries must be in carry-on baggage
2.4—Transport of Dangerous Goods by Post
The allowance for radioactive material in the post has been revised to limit the excepted packages to UN 2910 and UN 2911 only. The radioactive material must not have a subsidiary risk and the packages must be marked and labeled as specified.
3—Classification
3.0.3.3—an additional statement has been included to identify that articles are not assigned packing groups within the classification process. Rather, any requirement for specific packaging performance level is addressed within the applicable packing instruction.
3.2.1.2—within the definition of gases, reference has been included for the conditions that apply to adsorbed gases.
3.5.1.3.1—alternative test provisions have been included for solid oxidizers.
4—Identification
4.2—List of Dangerous Goods
Amendments to the List of Dangerous Goods include:
Addition of 17 new entries for adsorbed gases, UN 3510—UN 3526; 9 of the entries are general, n.o.s. entries and the remainder are named substances
Removal of the packing group from all of the entries for articles that had been assigned a packing group, e.g. batteries, containing sodium, lithium batteries; mercury in manufactured articles
The proper shipping names “air bag inflators”, “air bag modules” and “seat belt pretensioners” assigned to UN 0503 and UN 3268 have been deleted and replaced by “Safety devices, pyrotechnic” for UN 0503, and “Safety devices electrically initiated” for UN 3268
The proper shipping names “blue asbestos” and “brown asbestos” assigned to UN 2212 and “white asbestos” assigned to UN 2590 have been deleted and replaced by “Asbestos, amphibole, (amosite, tremolite, actinolite, anthophyllite, crocidolite)” for UN 2212, and “Asbestos, chrysotile ” for UN 2590
A new entry UN 3508, Capacitor, asymmetric has been added, and the existing proper shipping name “capacitor” for UN 3499 has been revised to become Capacitor, electric double-layer
The entry UN 3090, Lithium metal batteries has been amended to show “forbidden“ across columns I/J to identify that these batteries are now restricted to Cargo Aircraft Only. There is no change to the entries for UN 3091, lithium metal batteries packed with equipment or lithium metal batteries contained in equipment
A new entry UN 3507, “Uranium hexafluoride, radioactive material, excepted package, less than 0.1 kg per package, non-fissile or fissile-excepted”. This substance is assigned to Class 8, PG I, see also Special Provision A194 and Packing Instruction 877.
4.4—Special Provisions
A32 and A115—have been revised to make reference to “safety devices.”
A69—has been revised to remove the provisions for lamps, which are now addressed under an exception, see 1.2.11.
A78—has been revised to more clearly specify the provisions applicable to radioactive material with a subsidiary risk.
A192—is a new special provision that is assigned to Paint, Paint related material, Paint, corrosive, flammable, Paint related material, corrosive, flammable, Paint, flammable, corrosive, Paint related material, flammable, corrosive, Printing ink and Printing ink related material. The special provision allows the shipper to just use the “related material” proper shipping name on the Shipper's Declaration and the package marking when substances assigned to the standard entry and to the “related material” entry are in the same package.
A194—is assigned to the new entry Uranium hexafluoride, radioactive material, excepted package that sets out that, notwithstanding that the substance is in an excepted package, it is assigned to Class 8 and that certain conditions must be met when shipping the substance.
A196—is assigned to the new entry Capacitor, asymmetric. The special provision sets out certain design conditions that apply to these articles and conditions under which some asymmetric capacitors may be shipped as “not restricted”.
A197—is a new special provision assigned to environmentally substances, UN 3077 and UN 3082 that allows these substances to be shipped as “not restricted” provided that the net quantity in any receptacle does not exceed 5 kg or 5 L and the packaging used meets defined standards.
A198—identifies that bhusa (chaff, broken straw and husks), hay and straw, UN 1327 is “not restricted” provided that the bhusa, hay or straw is not wet, damp or contaminated with oil.
A199—is a new special provision assigned against the entry for Batteries, nickel-metal hydride. The special provision identifies that UN 3496 only applies in sea transport and that provided that nickel-metal hydride batteries are prepared in accordance with the special provision they are “not restricted” in air transport.
A200—is assigned against the new entry UN 3509 Packaging discarded, empty, un-cleaned. The special provision identifies that the entry, and these packagings are forbidden in air transport. Packagings that still contain a residue of dangerous goods are addressed in 5.0.2.13.5.1.
A201—is a new special provision assigned against UN 3090 Lithium metal batteries to identify that lithium metal batteries may be carried on a passenger aircraft subject to specific limitations on the size and quantity of lithium metal batteries in a package and per consignment. The detail of these limitations are set out in the Supplement to the ICAO Technical Instructions.
A806—that was applicable to Batteries, nickel metal hydride has been deleted as this has been replaced by Special Provision A199.
5—Packaging
5.0.1.5—Overpacks. The restrictions applicable to overpacks containing packages bearing the Cargo Aircraft Only label previously shown in 5.0.1.5.3 have been deleted.
5.0.2.12.3—Clarification has been added that the use of supplementary packagings within an outer packaging is permitted provided that all relevant requirements for the packagings are met.
Packing Instructions PI 203 and PI Y203—These packing instructions have been revised and reformatted to align to the format of other packing instructions. Clarification has been added that aerosols, gas cartridges and receptacles, small containing gas are considered as an inner packaging for the purposes of these packing instructions. The types of permitted packagings has been revised and expanded.
PI 213—Applicable to fire extinguishers has been revised to make reference to requirements for large fire extinguishers.
PI 219—Is a new packing instruction added for the new entries for adsorbed gases.
PI 457—That applies to UN 3241, 2-Bromo-2-nitropropane-1,3-diol has been revised to remove all metal
outer and single packagings from the list of permitted packagings.
PI 877—Is a new packing instruction added for UN 3507, Uranium hexafluoride, radioactive material,
excepted package.
PI 966 and PI 969—These packing instructions apply to lithium ion and lithium metal batteries packed with equipment respectively. The provisions have been revised to clarify that the number of lithium batteries in a package must not exceed the number for the equipment's operation plus two spares.
PI 968—In accordance with the change in Table 4.2 to limit UN 3090, Lithium metal batteries to cargo aircraft only, the provisions of PI 968 have been revised to identify that these batteries are not permitted on passenger aircraft. This includes a requirement that packages prepared in accordance with Section II must bear a Cargo Aircraft Only label in addition to the lithium battery handling label, and also that packages in Section II are subject to the conditions for consolidations and removes the allowance for these packages to be placed in a unit load device, except by the operator.
6—Packaging Specifications and Performance Tests
6.4.2—This subsection has been significantly revised to bring in reference to new ISO standards and also to identify the period during which the ISO standards may be applied for manufacture.
6.4.4—The test requirements for aerosols, gas cartridges, and receptacles, small containing gas have been revised with clear requirements now included for the leakage rates permitted for gas cartridges and receptacles, small containing gas.
7—Marking & Labeling
The size and dimensions for all hazard and handling labels have been more clearly specified.
7.1.7—A new provision mandating the minimum size of the lettering of the "overpack" marking has been added. The provision becomes mandatory from 1 January 2016.
8—Documentation
8.1.6.11.6—A new paragraph has been added to identify that when viscous flammable liquids are assigned to Packing Group III in accordance with 3.3.3.1.1 that a statement to effect must be added to the Shipper's Declaration.
8.1.6.11.7—A paragraph has been added to clarify that for shipments of lithium batteries prepared under Section IB of PI 965 and PI 968 that the information required on the additional document may be included on the Shipper's Declaration or may be on an additional document.
A new paragraph, 8.2.6.2 has been added to recommend that shippers should identify “not restricted” on the air waybill when the packages bear diamond-shaped pictograms required by the Globally Harmonized System for Classification and Labeling of Chemicals (GHS), but where the substance(s) do not meet the classification criteria as dangerous goods.
9—Handling
A note has been added under paragraph 9.1.1.2 to bring to the attention of cargo acceptance staff of ground handling agents and operators that the presence of diamond-shaped pictograms on packages may indicate the presence of dangerous goods. These diamond-shaped pictograms are required by the Globally Harmonized System for Classification and Labeling of Chemicals (GHS) and form part of the hazard communication system for supply and use.
9.1.3.1—The provisions for the acceptance checklist have been revised to identify that the acceptance check is only mandatory when the dangerous goods are first accepted for carriage by air, although where dangerous goods shipments are transferred between aircraft or transshipped to another operator the operator concerned should still verify that the packages, overpacks, freight containers or ULDs continue to meet the requirements of the Regulations.
A new paragraph 9.1.3.2 and Table 9.1.A have been added that identify dangerous goods that are not subject to the acceptance check requirements.
The loading restrictions for toxic and infectious substances with animals, foodstuffs and feed previously shown in 9.3.9 and 9.3.14.3 has been deleted.
9.5.1.1.3—The information required on the written information to the pilot-in-command (NOTOC) has been revised to remove the need for the technical name shown in association with the proper shipping name on the Shipper's Declaration to be shown on the NOTOC. Recommendations have been included to address overpacks and different dangerous goods contained in one outer packaging.
10—Radioactive Material
There are extensive changes to the provisions for radioactive materials to bring in the revisions arising from the adoption of IAEA Safety Standards Series No. SSR-6. The changes include revisions to the provisions for radioactive materials, excepted packages, fissile excepted material and new requirements for uranium hexafluoride in excepted packages.
Appendix A—Glossary
There are a number of changes and additions to the defined terms in the glossary. These include:
Addition of a definition for “management system” for radioactive material
Clarification of the definition for “net quantity” with regard to articles
New definition for “safety devices, electrically initiated” including safety devices, pyrotechnic, replacing the previous definition for air bag inflators and modules
Appendix D—Contact details for competent authorities have been updated.
Appendix E—Changes have been made to the list of UN Specification Packaging Suppliers and Testing Facilities
Training on New Rules for Lithium Battery Shipments
These changes are designed to ensure that lithium cells and batteries are able to withstand normal transportation conditions and are packaged to reduce the possibility of damage that could lead to an unsafe situation.
Enhance packaging and hazard communication requirements for lithium batteries transported by air
Replace equivalent lithium content with Watt-hours for lithium ion cells and batteries
Adopt separate shipping descriptions for lithium metal batteries and lithium ion batteries
Revise provisions for the transport of small and medium lithium cells and batteries including cells and batteries packed with, or contained in, equipment
Revise the exceptions for small cells and batteries in air transportation
Revise the requirements for the transport of lithium batteries for disposal or recycling
Harmonize the provisions for the transport of low production and prototype lithium cells and batteries with the ICAO Technical Instructions and the International Maritime Dangerous Goods Code
Adopt new provisions for the transport of damaged, defective, and recalled lithium batteries
If you ship batteries by ground or air, you must comply with the latest DOT and IATA/ICAO regulations that specify how the batteries must be packaged, marked, labeled, and transported. The rules apply not only to batteries, but also to equipment or vehicles that contain batteries as well as batteries packed along with equipment. Virtually all types of batteries are regulated, including lithium, lead-acid, nickel cadmium, and metal hydride alkaline. According to 49 CFR 172.704, all personnel involved in the classification, packaging, marking, labeling, or shipment of batteries must receive initial and recurrent transportation training.
Los Angeles RCRA and DOT Training
Knoxville RCRA and DOT Training
Mobile RCRA and DOT Training
EPA’s New Solvent Wipe, Shop Towel Rule Demystified
- Does the rule apply to both cloth and paper wipes and rags?
- What solvents can be on the towels, and which are prohibited?
- Does the rule also apply to towels that contain characteristic hazardous waste?
- Can P or U-listed wastes be on the towels?
- How must the towels be stored on-site?
- Do they need to be tested for anything?
- How long can they be stored?
- How must the containers be marked or labeled?
- How must they be prepared for transportation?
- Where can you ship them and what are the disposal and recycling options?
- What are the documentation requirements?
- How is the new rule impacted by current state regulations?
Near-Term Solutions to Climate Change Proposed at UN Summit
A new real-world, near-term solution action plan commissioned by the Republic of Nauru, Chair of the Alliance of Small Island States (AOSIS) and written by 30 leading climate and energy experts from around the world was formally released at the United Nations Climate Summit recently.
United Nations Secretary General Ban Ki-moon has asked world leaders to come to the Climate Summit with bold initiatives to lower the greenhouse gas emissions responsible for the climate crisis. In response, this paper defines a suite of existing policies and technologies that the international community can use to immediately speed and scale the transformation to a low-carbon economy and avert the worst impacts of climate change.
“We have the technology and know-how to solve this climate crisis and save the people and families of the most threatened communities across our planet. What is missing is the courage to make the change—and that has to come from world leaders,” said Nauru’s Ambassador, Marlene Moses, Chair of AOSIS. “Our hope is this paper will help these leaders set the appropriate priorities to make rapid emissions reductions before time runs out for us.”
“We want to make it clear that the international community can answer Secretary General Ban Ki-moon’s challenge and act boldly now to reduce greenhouse gas emissions,” said Dr. Bob Watson, Strategic Director of the Tyndall Centre at the University of East Anglia and former Chair of the Intergovernmental Panel on Climate Change, who served as chair of the report. “Success is essential for current and future generations, but is only achievable if we tackle the technological, institutional, financial and political inertia now. Our current pathway will not achieve the deep emissions cuts we need, but is more closely aligned with temperature increases closer to 3ºC or much greater. Time is running out.”
Some of the main findings include:
- There is major cost-effective potential to rapidly increase efficiency in the transportation, building, industrial, agricultural, waste management and water sectors with existing commercially available technologies and use of best practice, given appropriate policy support. For example, energy efficiency building retrofits can typically achieve 70–90% reduction in energy consumption for heating and cooling.
- Wind and solar PV will result in about 1.4 billion tons of avoided CO2 emissions per year by 2020, but with great policy support could cut another billion tons of emissions globally.
- Where governments have made climate a priority, smart policies have facilitated the transformative scaling up of renewable energy and end-use efficiency. On a sunny day, Germany can generate more than half its electricity from solar power; one-third of new builds in Vienna use nearly zero energy for heating and cooling; in 2013 Denmark and Spain produced 33% and 21%, respectively of their electricity from wind.
- An effective price on carbon to reflect the health and environmental costs of emissions for current and future generations would send the right price signal to drive investment in clean technology.
- The least efficient coal plants should be retired and no new coal plants without Carbon Capture and Storage (CCS) should be built.
- A systems-wide transformation towards a low-carbon economy requires policies to catalyze institutional reform and behavioral change as a complement to low carbon technologies.
Small Island Developing States contribute only a small percentage of the emissions driving the climate crisis, but many have already pledged to make dramatic reductions and to even go carbon-neutral in the next few years.
“This report makes it clear to global leaders that further delay in tackling the biggest crisis of our generation is unacceptable. We are morally responsible for the predictable outcomes of our decisions. Failing to act on climate change would lead to more needless suffering, more deaths and potentially the loss of entire nations like ours,” said Ambassador Moses.
New Jersey Waste Transporter Penalized $103,425 for Hazardous Waste Violations
National Waste Clean, a licensed Massachusetts transporter of hazardous waste, also failed to submit to MassDEP as required by law monthly records known as Electronic Monthly Operating Reports (EMORs) from December 2011 to April 2013.
The investigation was conducted by the Massachusetts Environmental Strike Force (ESF), which found that National Waste Clean on 221 different dates violated its license to transport hazardous waste by accepting materials—waste perchloroethylene and waste petroleum hydrocarbons—from dry cleaning establishments that were not registered in Massachusetts as hazardous waste generators. The ESF is a joint investigative effort of MassDEP, the Office of the Massachusetts Attorney General's Office and the Massachusetts Environmental Police.
"It is critically important to public safety that all licensed hazardous waste transporters conduct business only with facilities that are properly registered, and that they have the required documentation, to prove that these hazardous materials are properly handled and accounted for, from cradle to grave," said Pamela Talbot, the head of MassDEP's ESF.
The company responded by submitting the required EMORs and agreeing to cease transporting hazardous waste in Massachusetts without a uniform hazardous waste manifest. National
Waste Clean further must submit a plan to MassDEP for approval on how the company will comply with the regulations going forward and a plan to train all its employees on the requirements.
If the company complies with all terms of the consent order, MassDEP has agreed to suspend $53,425 of the penalty with the remaining $50,000 payable over the next two years.
FAA Proposes Civil Penalties Against Three Companies for Allegedly Violating Hazardous Materials Regulations
In each case, the FAA alleges the shipments were not accompanied by shipping papers to indicate the hazardous nature of their contents and were not marked, labeled, or packed in accordance with the Hazardous Materials Regulations. The FAA also alleges the packages were not adequate for shipping, and failed to protect against a release of hazardous material into the environment under normal transportation conditions. Additionally, the FAA alleges the companies failed to provide emergency response information and ensure their employees had received required training in packaging and shipping hazardous materials.
The cases are as follows:
- $63,000 against Mattoon Rural King Supply, Inc. of Mattoon, Ill. The FAA alleges that on July 1, 2013, Mattoon Rural King offered to UPS two 2.5-gallon plastic containers of herbicide for shipment by air from Mattoon, Illinois, to Wetonka, South Dakota. Workers at the UPS sort facility in Louisville, Kentucky, discovered the package leaking. Herbicides are considered to be a flammable liquid. Mattoon Rural King is scheduled to meet with the FAA in mid-October to discuss the case.
- $63,000 against MidContinental Chemical Company, Inc., of Olathe, Kansas, and its subsidiary, MCC Chemical Services, LLC, of Hammond, Louisiana. The FAA alleges that on June 13, 2013, MCC offered to UPS two 3-ounce containers of flammable petroleum distillates and two 3-ounce containers of flammable Kerosene for shipment by air from Hammond, Louisiana to Olathe, Kansas. Workers at the UPS sort facility in Louisville, Kentucky, discovered some of the Kerosene had leaked. MidContinental is scheduled to meet with the FAA in mid-October to discuss the case.
- $57,400 against Aeroplus Interiors, Inc., of Rosharon, Texas. The FAA alleges that on March 25, 2014, an Aeroplus employee offered three undeclared packages containing metal cans of flammable JetGlo Contrail White Aircraft Paint for shipment aboard FedEx aircraft from Rosharon to Laredo, Texas. FedEx employees at the company’s sorting facility at Fort Worth Alliance Airport discovered the paint after one of the packages began leaking. Under Department of Transportation regulations, this type of paint is considered to be a hazardous material because it is flammable. Aeroplus Interiors has 30 days from receipt of the FAA’s enforcement letter to respond to the agency.
Plating Shop Operators Plead Guilty to Illegal Release and Abandonment of Hazardous Waste
Operators of an illegal plating operation in Merced County have pleaded no-contest to criminal charges related to the release and abandonment of hazardous waste, the Department of Toxic Substances Control’s (DTSC) Office of Criminal Investigations (OCI) announced recently.
On June 17, Bonnie Rita Cardenas pleaded no contest to a misdemeanor violation for failure to immediately report the release of muriatic acid (also known as hydrochloric acid). The terms of Cardenas’s plea include 50 hours of community service, three years of informal probation, reserved restitution, fines, and fees. On July 29, Ramon Alonzo Montes pleaded no contest to a felony violation for unlawfully dumping hazardous waste. The terms of Montes’s plea include 120 days in jail, five years informal probation, and reserved restitution, fines, and fees.
Montes formerly operated a plating facility located at 19770 Bloss Avenue in Hilmar. He ceased paying rent for the facility and abandoned hazardous materials there. Montes subsequently sold his remaining plating chemicals to Cardenas. In moving those chemicals from Montes’s Hilmar facility to a facility located at 1851 Grogan Avenue in Merced, a 55-gallon drum of muriatic acid spilled onto the ground and ultimately entered a storm drain. Cardenas failed to report the release.
OCI coordinated with the California Highway Patrol and Merced County Environmental Health Department in the investigation. OCI referred the matter to the Merced County District Attorney, which then filed a criminal complaint against Cardenas and Montes for violations of the California Penal Code and the California Hazardous Waste Control Law.
“Illegal disposal of hazardous wastes threaten the safety of the community”, said Enrique Baeza, a supervising criminal investigator for DTSC. “Criminal charges were warranted for this reckless misconduct and we are grateful for the convictions obtained by the District Attorney’s Office.”
OCI is a special investigation unit within DTSC consisting of peace officers, scientists, and a computer forensic specialist who investigate criminal misconduct and other serious violations of hazardous waste laws in California. It is the only criminal investigation unit within the California Environmental Protection Agency and is part of Legal Affairs.
EPA Orders Army to Take Corrective Measures at Fort Gillem
EPA Region 4 issued an Order that requires the US Army take expedited corrective measures at the former Fort Gillem in Forest Park, Georgia.
The Army has 10 days in which it may respond to the 7003 order. If the Army does not respond, the Order becomes effective on the 11th day after the date of receipt. EPA believes that an Order is necessary to protect the health of the community and the environment surrounding Fort Gillem.
The former military installation’s primary missions, which lasted from the 1940s until the base was closed in 2011 under the Base Realignment and Closure Act (BRAC) V, were training and materiel supply from World War II through the Persian Gulf conflict. The base was responsible for providing the Army with weapons and equipment, research and development, procurement, production, storage, distribution, inventory management, maintenance, and disposal of surplus and waste materials during both peacetime and wartime. These activities resulted in soil, sediment, surface water, and groundwater contamination.
The work required by this Order evaluates whether indoor and/or ambient air in residential and other properties surrounding the former installation contains hazardous contaminants, documents the levels of such contaminants, determines the level of risk posed by those contaminants to the residents, owners, employees, students, and invitees of properties surrounding Fort Gillem, and mitigates any unacceptable risk to those persons.
In addition, the work required by this Order identifies all private drinking water wells and springs in the area, evaluates whether wells or springs surrounding the former base contain hazardous contaminants, documents the levels of such contaminants, and takes all appropriate action to expeditiously mitigate any unacceptable risks to persons using such wells or springs.
While the US Army has been conducting an indoor air vapor intrusion study approved by the Georgia Environmental Protection Division (GaEPD) with technical assistance from the EPA, both EPA and the GaEPD are concerned at the service’s failure to implement the expeditious mitigation measures that are revealed by the study to be warranted for numerous residents.
To date, the Army has collected air samples from 56 homes and businesses, and additional homes are expected to be sampled. However, the Army has significantly deviated from the approved study work plan, and without reassurance from the Army that it intends to resume the strict implementation of that plan, EPA deems it necessary to take this action.
EPA Proposes to Eliminate Mercury Pollution from Dentist Offices Nationwide
Under this proposal, dentists must use devices to remove mercury and other toxic metals before they go down the drain.
“This proposed rule would cut mercury and toxic metal discharges to public wastewater systems by at least 8.8 tons a year nationwide,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Bay Area communities already require dentists to use amalgam capture devices and have seen their mercury pollution levels drop nearly 75%. Now the rest of California and the nation will see these same benefits.”
About half the mercury that enters public water treatment systems comes from dental offices that do not use amalgam separators. When mercury from amalgam is discharged into water bodies, it can be transformed into methylmercury, a highly toxic form of mercury that builds up in fish, shellfish, and fish-eating animals. People can be harmed by methylmercury when they eat contaminated fish and shellfish. Methylmercury is a neurotoxin that impairs brain and nervous system development and function.
Many states and local wastewater districts have started mercury pollution control programs that require amalgam separators in dentist offices. Amalgam separators remove 90 to 95% of mercury and other metal waste. Under the San Francisco Bay Regional Watershed Mercury control program, virtually all Bay Area cities and public water systems have successful mandatory dental amalgam separator programs, but this is not the case in most other communities and states.
EPA estimates that up to 120,000 dental offices in the US use or dispose of amalgam fillings that contain mercury. Almost all of these offices discharge to sanitary sewers that flow to wastewater treatment plants. While most offices use some practices to reduce amalgam discharges to the sewers, they are not nearly as effective as amalgam separators. Because 40 to 50% of dentists across the country already use amalgam separators thanks to state and local programs, the new rule may result in installation of separators in up to 60,000 dental offices nationwide.
EPA estimates put the total annual cost of the proposed rule at $44 to $49 million and a new streamlining proposal will cut state and local oversight costs by a similar amount. This action is one way the US is meeting the goals of the Minamata Convention on Mercury, an international environmental agreement that addresses human activities contributing to widespread mercury pollution.
EPA will accept public comments on the proposal for 60 days following publication in the Federal Register and expects to finalize the rule in September 2015.
Pennsylvania DEP Fines NFG Midstream Trout Run LLC $250,000 for Pipeline Construction Violations
The Department of Environmental Protection (DEP) recently announced it has fined NFG Midstream Trout Run, LLC, of Erie $250,000 for multiple violations of the Clean Streams Law and department regulations during construction of the Trout Run Gathering System pipeline in five Lycoming County municipalities during 2011 and 2012.
“Department staff documented continuing violations at multiple locations during a seven month period,” DEP Director of District Oil and Gas Operations John Ryder said. “NFG’s failure to implement and maintain erosion and sediment control best management practices resulted in several sediment discharges into unnamed tributaries to Mill Creek and Lycoming Creek, Lycoming Creek, and an exceptional value wetland.”
The department’s investigation began in October 2011 when inspectors discovered sediment on State Route 973, no temporary stabilization, and ineffective best management practices used to control erosion and sedimentation issues.
Periodic inspections by DEP staff during construction of the 16-mile gathering line resulted in the issuance of 13 Notices of Violation to NFG, including 12 violations for sediment discharges to waters of the commonwealth, many of which are classified as exceptional value or high quality waterways.
In November 2011, a landslide in the company’s right of way above Ringler Road in Lewis Township caused the road to be closed temporarily.
Additional discharges occurred to an unnamed tributary to Lycoming Creek, an exceptional value stream, below the road. The sediment discharge violations continued to occur until January 18, 2012.
While the sediment discharges did impact the waterways, the department did not document any impact to fish or other aquatic life from any of the violations. NFG has instituted additional environmental protocols since this time and has addressed the environmental issues identified on this project.
The pipeline was built in Gamble, Hepburn, Lewis, Loyalsock, and McIntyre townships. It begins at a Seneca Resources well pad in McIntyre Township and ends at an interconnect station at the Transco transmission pipeline in Loyalsock Township.
NFG paid the penalty on September 18.
US Silver–Idaho, Inc., Fined $75,000 for Clean Water Act Violations
The Company also experienced an unpermitted discharge from near their settling pond to Lake Creek in March, 2014.
“Discharge permits set clear limits to protect water quality and habitat,” said Jeff KenKnight, manager of EPA’s Clean Water Act Compliance Unit in Seattle. “Companies need to meet their limits and eliminate unpermitted discharges, or risk serious penalties.”
Both the permit violations and the unpermitted discharge were self-reported. In addition to agreeing to pay a $75,000 penalty, the company took immediate corrective action to remedy the situation.
EPA, Victor Valley Unveil Innovative Carbon-Neutral Treatment Plant
EPA will join Congressman Col. Paul Cook, the Bureau of Reclamation, the California Energy Commission and other local industry stakeholders to unveil the Victor Valley Wastewater Reclamation Authority’s (VVWRA) carbon-neutral treatment plant. The event will include a ribbon cutting ceremony and tour of the Omnivore Biogas Renewable Energy Project. The Omnivore system will produce 100% renewable power by more efficiently treating both sewage and organic waste, like food, that would otherwise be disposed of in landfills.
The project was developed through a $2 million grant from the California Energy Commission, $600,000 in funding from Anaergia and technical assistance by EPA.
The treatment plant will offset nine million kilowatt hours from the grid annually and prevent more than 1,400 tons of waste from entering landfills. Combined that is equivalent to taking 2,053 passenger cars off the road for one year. The facility will be 100% energy neutral by the start of 2015 and could potentially save the taxpayer $9 million over 20 years.
UniSea Violates Chemical Risk Management Planning Violations, Fined $142,175
“Risk management planning saves people’s lives,” says Kelly McFadden, manager of EPA’s Pesticides and Toxics Unit in Seattle. “EPA is committed to protecting workers and communities by reducing the likelihood of accidental chemical releases and creating a level playing field for industry.”
Facility’s RMPs are then used by local emergency planners and responders to protect the public from accidental releases of toxic gases like chlorine, propane, sulfur dioxide and formaldehyde.
The Risk Management Program requires companies to create an emergency response strategy, evaluate a worst case and probable case chemical release, and develop/implement a prevention program. The prevention program must include operator training, a review of the hazards associated with using toxic or flammable substances, proper operating procedures, and equipment maintenance.
Two Idaho Facilities for Violate Chemical Risk Management Planning Rules
The EPA has settled with two facilities in Idaho for alleged violations of the federal Clean Air Act Risk Management Program.
The federal Clean Air Act (sec. 112r) requires that all public and private facilities that manufacture, process, use, store or otherwise handle flammable gases and toxic chemicals develop Risk Management Plans (RMPs). Facility’s RMPs are then used by local emergency planners and responders to protect the public from accidental releases of toxic gases like chlorine, propane, sulfur dioxide and formaldehyde.
“Risk management planning saves lives,” says Kelly McFadden, manager of EPA’s Pesticides and Toxics Unit in Seattle. “EPA is committed to protecting workers and communities by reducing the likelihood of accidental chemical releases, creating a level playing field for industry and protecting people’s health and the environment.”
The following facilities have settled with EPA and have corrected their violations:
- Pacific Ethanol Magic Valley, LLC, (Burley) — On May 18, 2011, EPA conducted an inspection of Pacific Ethanol Magic Valley, LLC (Pacific Ethanol), a corn-based ethanol production facility located at 2600 Washington Avenue, Burley, Idaho. Pacific Ethanol utilizes more than 20,000 lb of ammonia (20% concentration or greater) and more than 10,000 lb of pentane at their facility. EPA’s inspection found several violations of the risk management plan regulations. Penalty: $83,497.
- Land View, Inc. — (RUPERT) - On May 19, 2011, EPA inspected Land View Inc., an agricultural chemical manufacturing facility located at 925 Hwy 24, Rupert, Idaho. Land View utilizes more than 10,000 lb of anhydrous ammonia and more than 20,000 lb of ammonia (20% concentration or greater) on site. The EPA inspector found several violations of the risk management plan regulations. Penalty: $101,000
The prevention program must include operator training, a review of the hazards associated with using toxic or flammable substances, proper operating procedures and equipment maintenance.
EPA Requires Nevada Gold Mining Company to Correct Reporting Violations
The company agreed to a civil penalty of $182,000.
The violations involved late and incorrect reporting for ten chemical compounds including arsenic, cobalt, copper, cyanide, lead, mercury, nickel, propylene, and zinc at Veris Gold USA’s Jerritt Canyon mine located fifty miles north of Eureka in Elko County. Veris Gold USA is the wholly-owned subsidiary of Veris Gold Corp., a Canadian corporation.
Under the Emergency Planning and Community Right-to-Know Act, facilities that manufacture, process, or use toxic chemicals over certain quantities must file annual reports estimating the amounts released to the environment, treated or recycled on-site, or transferred off-site for waste management. These reports are submitted to EPA and the State or Tribe with jurisdiction over the facility.
The action is part of the EPA’s National Mineral Processing Enforcement Initiative, which aims to minimize risks to drinking water and other resources posed by hazardous waste operations at mineral processing facilities.
Water Board to Require City of Calistoga to Correct Discharge Violations
The San Francisco Bay Regional Water Quality Control Board is proposing to require the City of Calistoga increase storage of its treated wastewater and control sources of a pollutant found in water from hot springs that could make Napa River unsafe to drink. The requirements are to correct recent discharge violations from the City’s wastewater treatment plant that threaten to degrade water quality in the Napa River.
The City owns and operates an advanced wastewater treatment plant on Dunaweal Lane serving residents, commercial establishments, and industrial facilities in Calistoga. The treatment plant discharges treated wastewater to the Napa River under a permit adopted by the Water Board.
The City’s current treated wastewater storage volume is insufficient in light of the ongoing drought and low river flows and potential effects from climate change. Low river flows during the rainy season mean the river can’t absorb as much discharge wastewater without harming water quality, so more storage volume is needed.
Also, increased levels of antimony, a toxic pollutant found in water from hot springs that flow to the treatment plant, have contributed to discharge limit violations. The antimony levels are higher because the lower flows into the treatment plant don’t dilute it as much.
The Water Board’s proposed requirements would mandate correction of the storage deficiency by January 2018 and control of antimony by October 2019. Tasks to correct the storage deficiency include increasing storage capacity, increasing water recycling, and upgrading the City’s wastewater collection system to reduce illicit inflow sources. These proposed requirements are contained in a draft cease and desist order.
The Water Board will consider adopting its draft cease and desist order at a public hearing on November 12.
The San Francisco Bay Regional Water Quality Control Board’s mission is to preserve, enhance and restore the quality of California's water resources and ensure their proper allocation and efficient use for the benefit of present and future generations.
EPA Encourages Homeowners to Care for Their Septic Systems During SepticSmart Week
The EPA will hold its second annual SepticSmart Week September 22–26. SepticSmart Week outreach activities encourage homeowners and communities to care for and maintain their septic systems. Nearly one-quarter of all American households depend on septic systems to treat their wastewater.
Failure to maintain septic system can lead to back-ups and overflows that pollute local waterways, create dead zones, raise water treatment costs and endanger human health. Pollutants such as nitrogen, phosphorus and fecal bacteria can enter ground and surface waters from septic systems. Such pollutants affect drinking water, lakes, rivers and estuaries. The algal blooms they may generate can produce toxins harmful to human, animals and marine life.
Data collected by states attribute septic systems and other onsite wastewater treatment methods to water quality impairments in 22,909 miles of rivers and streams; 199,995 acres of lakes, reservoirs and ponds; and 72,320 acres of wetlands. By properly maintaining their septic systems, homeowners can help reduce these numbers.
“When homeowners protect their septic systems, it’s good for their health, their neighbors’ health, and their pocketbooks,” said Ken Kopocis, Deputy Assistant Administrator in EPA’s Office of Water. “Not only is EPA directly educating homeowners on septic maintenance, but we are also coordinating with states and municipalities to do the same.”
During SepticSmart Week, EPA will provide homeowners with tips for septic maintenance, including:
- Protect It and Inspect It: Homeowners should generally have their system inspected every three years by a licensed contractor, and have their tank pumped when necessary, typically every three to five years. Many septic system failures occur during the winter holiday season. Therefore, EPA encourages homeowners to get their septic systems inspected and serviced now before licensed inspectors’ schedules fill up around the holidays.
- Think at the Sink: Avoid pouring fats, grease and solids down the drain. These substances can clog a system’s pipes and drainfield.
- Don’t Overload the Commode: Only put things in the drain or toilet that belong there. For example, coffee grounds, dental floss, disposable diapers and wipes, feminine hygiene products, cigarette butts and cat litter can all clog and potentially damage septic systems.
- Don’t Strain Your Drain: Be water efficient and spread out water use. Fix plumbing leaks and install faucet aerators and water-efficient products. Spread out laundry and dishwasher loads throughout the day — too much water at once can overload a system that hasn’t been pumped recently.
- Shield Your Field: Remind guests not to park or drive on a system’s drainfield, where the vehicle’s weight could damage buried pipes or disrupt underground flow.
In addition, it serves as an online resource for industry practitioners, local governments and community organizations, providing access to tools to educate clients and residents.
EPA Recognizes Manufacturing, Retail Leaders in Electronics Recycling Challenge
The EPA recently recognized leading electronics manufacturers and retailers for their outstanding achievements in used electronics stewardship under the Sustainable Materials Management (SMM) Electronics Challenge. Leaders from Best Buy, Dell, LG Electronics, Panasonic, Samsung, Sony, Sprint, and Staples gathered in Washington, D.C. to celebrate their environmental achievements, which include diverting more than 220,000 metric tons of used electronics to third party certified recyclers in 2013—an increase of 7.6% since 2012.The amount of greenhouse gas emissions saved from this increase is equivalent to removing more than 8,500 passenger cars from the road for one year.
“Electronics are made of valuable resources such as precious metals, copper, plastic and glass—all of which require energy to extract and manufacture,” said Mathy Stanislaus, assistant administrator for EPA’s Office of Solid Waste and Emergency Response. “Improper handling of discarded electronics can result in serious health consequences to communities and workers. The efforts by these leaders to collect, track and recycle used electronics is a great step towards addressing these public health concerns, conserving materials, and reducing greenhouse gas emissions.”
The United States generates almost 3.4 million tons of electronic waste per year—and that number is only growing.Through this Challenge, the EPA is providing a transparent and measurable way for companies to endorse safe and environmentally protective practices for the refurbishment and recycling of used electronics, and to publicly show progress toward recycling goals.
In the November 2010 Presidential Proclamation for America Recycles Day, the President established the Interagency Task Force on Electronics Stewardship with the EPA as one of the lead agencies. The Task Force released the National Strategy for Electronics Stewardship report in 2011 outlining the federal government's plan to enhance the management of electronics throughout the product lifecycle—from the design to the eventual recycling or disposal of a product.
EPA Announces Excellence in Site Reuse Awards
EPA Mid-Atlantic Regional Administrator Shawn M. Garvin recently announced that FMC Corporation, the Economic Development Authority and Warren County have been recognized with EPA’s Excellence in Site Reuse Awards for their involvement in the redevelopment of the Avtex Fibers Site in Front Royal, Virginia.
Avtex Fibers, located in Warren County, Virginia, is a 440-acre former manufacturing plant that produced rayon and other synthetics from 1940 to 1989. Tons of rayon manufacturing wastes and by-products were disposed on site in 23 impoundments encompassing 240 acres. Waste disposal practices at the plant contaminated the groundwater under the site and in residential wells across the South Fork Shenandoah River.
“FMC, the Economic Development Authority and Warren County have worked tirelessly to transform one of the most contaminated sites in Virginia into an area that future generations can enjoy. They are to be congratulated for their perseverance, determination and vision,” said EPA Regional Administrator Shawn M. Garvin.
FMC, a former site owner, received the Excellence in Site Reuse award for its effort to successfully convert 240 acres of waste basins into a valuable community resource. There has been a return of native vegetation, wildflowers, butterflies, and birds including the prairie warbler and the great blue heron.
The Economic Development Authority (EDA), which now owns the entire property, received the award for its ability to envision the site’s development potential. In 2001 the EDA renovated and restored a 14,000-square foot dilapidated building which now houses the EDA offices as well a growing list of companies.
In addition, EDA worked with the EPA, FMC, and the community to develop a comprehensive plan for the site, which includes a business park, a recreational area, and a nature conservancy. This past summer, EDA transferred five acres to the town of Front Royal for the construction of a police station.
Warren County is being recognized for its work in bringing multiple parties together to construct the 32-acre Skyline Soccerplex. The county worked diligently with the US soccer Foundation, the EPA, and FMC to provide the children of the community not only soccer fields but also a world-class skateboard park.
The amount of cleanup and remediation at the site was staggering. Initially, there was asbestos abatement and the demolition of more than 25 acres of buildings. Then came the removal of drums and tanks, thousands of tons of contaminated soil, plus debris excavation and removal, including the off-site disposal of both hazardous and non-hazardous materials.
After the buildings were removed, more than 11 miles of sewers were excavated. These sewers measured up to six feet in diameter with 206 manholes, some as deep as 30 feet. Eighty-two acres of basins were capped and 17 acres of wetlands were established using more than 6,200 lb of native Virginia warm season grass seed and 5,400 grass plugs.
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