NOAA’s updated Annual Greenhouse Gas Index (AGGI), which measures the direct climate influence of many greenhouse gases (GHGs) such as carbon dioxide and methane, shows a continued steady upward trend that began with the Industrial Revolution of the 1880s.
Started in 2004, the AGGI reached 1.29 in 2010. That means the combined heating effect of long-lived GHGs added to the atmosphere by human activities has increased by 29% since 1990, the “index” year used as a baseline for comparison. This is slightly higher than the 2009 AGGI, which was 1.27, when the combined heating effect of those additional GHGs was 27% higher than in 1990.
“The increasing amounts of long-lived greenhouse gases in our atmosphere indicate that climate change is an issue society will be dealing with for a long time,” said Jim Butler, director of the Global Monitoring Division of NOAA’s Earth System Research Laboratory in Boulder, Colorado. “Climate warming has the potential to affect most aspects of society, including water supplies, agriculture, ecosystems and economies. NOAA will continue to monitor these gases into the future to further understand the impacts on our planet.”
The AGGI is analogous to the dial on an electric blanket—that dial does not tell you exactly how hot you will get, nor does the AGGI predict a specific temperature. Yet just as turning the dial up increases the heat of an electric blanket, a rise in the AGGI means greater greenhouse warming.
NOAA scientists created the AGGI recognizing that carbon dioxide is not the only GHG affecting the balance of heat in the atmosphere. Many other long-lived gases also contribute to warming, although not currently as much as carbon dioxide.
The AGGI includes methane and nitrous oxide, for example, GHGs that are emitted by human activities and also have natural sources and sinks. It also includes several chemicals known to deplete Earth’s protective ozone layer, which are also active as GHGs. The 2010 AGGI reflects several changes in the concentration of these gases, including:
- A continued steady increase in carbon dioxide: Global carbon dioxide levels rose to an average of 389 parts per million (ppm) in 2010, compared with 386 ppm in 2009, and 354 in the index or comparison year of 1990. Before the Industrial Revolution of the 1880s, carbon dioxide concentration in the atmosphere was about 280 ppm. Carbon dioxide levels swing up and down in natural seasonal cycles, but human activities—primarily the burning of coal, oil, and gas for transportation and power—have driven a consistent upward trend in concentration.
- A continued recent increase in methane: Methane levels rose in 2010 for the fourth consecutive year after remaining nearly constant for the preceding 10 years, up to 1799 parts per billion (ppb). Methane measured 1794 ppb in 2009 and 1714 ppb in 1990. Pound for pound, methane is 25 times more potent as a GHG than carbon dioxide, but there’s less of it in the atmosphere.
- A continued steady increase in nitrous oxide: Best known as laughing gas in dentistry, nitrous oxide is also a GHG emitted from natural sources and as a byproduct of agricultural fertilization, livestock manure, sewage treatment, and some industrial processes.
- A continued recent drop in two chlorofluorocarbons, CFC11 and CFC12: Levels of these two compounds—which are ozone-depleting chemicals in addition to GHGs—have been dropping at about 1% per year since the late 1990s, because of an international agreement, the Montreal Protocol, to protect the ozone layer.
Scientists at NOAA’s Earth System Research Laboratory prepare the AGGI each year from atmospheric data collected through an international cooperative air sampling network of more than 100 sites around the world.
NOAA researchers developed the AGGI in 2004 and have so far back calculated it to 1978. Atmospheric composition data from ice core and other records could allow the record to be extended back centuries.
Charlotte, North Carolina RCRA and DOT Training
Cary, North Carolina 40-Hour and 24-Hour HAZWOPER Training
Wilmington, Delaware RCRA and DOT Training
Safety Consultant/Trainer
Environmental Resource Center has a new opening for a safety consultant and auditor. We are looking for a former OSHA CSHO, OSHA trainer, or state inspector for this position in our Cary, North Carolina, office. Applicants should have excellent writing and speaking skills and be willing to travel 7–14 days per month. We are looking for an expert in all of the General Industry and Construction standards who is capable of performing audits of industrial facilities as well as conducting on-site training.
Strong consideration will be given to applicants who also have experience providing HAZWOPER, Hazcom, lockout/tagout, confined spaces, and machine guarding training.
The position includes maintenance of training materials (books and presentations), working on consulting projects, development of classes and computer-based training programs, and ensuring customer satisfaction.
How to Author GHS Safety Data Sheets
OSHA is adopting the new Globally Harmonized System (GHS) for the classification and labeling of hazardous chemicals. A cornerstone of GHS is the adoption of a completely revised Safety Data Sheet (SDS).
- December 15, 2011
- January 27, 2012
- February 29, 2012
How to Label Hazardous Chemicals Using OSHA’s New GHS Hazcom Standard
Workplace and supplier hazard communication labels are being reinvented as OSHA adopts the new Globally Harmonized System (GHS) for labeling hazardous chemicals.
- December 16, 2011
- February 3, 2012
- March 1, 2012
Ohio EPA Proposes Amended Rule for Particulate Emissions from Industrial Processes
Ohio EPA is proposing an amended rule governing particulate emissions from industrial processes and is accepting public comments. The change is necessary for US EPA to approve the state implementation plan (SIP) for particulate emissions.
The Agency will hold a public hearing to take comments on the proposed rule amendment Tuesday, November 15, 2011, at 10:30 a.m. at Ohio EPA Central Office, 50 West Town Street, Suite 700, Columbus. Visitors should register at the security desk in the entrance lobby and provide photo identification. All interested parties may present oral or written comments concerning the proposed amendment at the hearing.
The amendment to the rule would require that exemptions for surface coating operations be approved by both Ohio EPA and US EPA since it would qualify as a revision to the SIP.
Particulate matter consists of tiny particles suspended in the air. Particulate matter has been associated with heart attacks, chronic bronchitis, asthma attacks, and missed school or work. According to the Clean Air Act, Ohio EPA is required to establish a SIP to establish that the state has attained and is properly maintaining national air quality standards. A draft of the change was made available for a 30-day comment period that ended August 26, 2011.
After the hearing, all comments received will be taken into consideration and necessary revisions will be made and submitted to US EPA.
Pennsylvania DEP to Issue Technical Guidance on Wastewater Treatment Permitting
Pennsylvania’s Department of Environmental Protection (DEP) will soon offer new technical guidance designed to ensure compliance with updated wastewater treatment regulations.
The guidance explains revisions to Title 25 Chapter 95 of the Pennsylvania Code that require new or expanded sources of natural gas wastewater to treat the wastewater to the federal drinking water standard of less than 500 milligrams per liter of total dissolved solids prior to discharge.
“This technical guidance is another step in this administration’s continuing efforts to protect Pennsylvania’s water resources,” DEP Secretary Mike Krancer said. “This document clearly communicates to any facility seeking to increase its discharge of treated wastewater or to any facility seeking to start accepting wastewater that they must meet certain obligations.” Krancer also said the guidance will ensure consistency in the department’s decision making process in issuing these permits.
In April 2011, Krancer called on the natural gas industry to stop sending unconventional gas production wastewater to facilities that were permitted prior to revisions to the Chapter 95 regulations, which took effect in August 2010. The industry quickly complied. To ensure the continued protection of state waterways, the department is now issuing this guidance to explain the regulations governing new and expanded sources of discharged wastewater.
The technical guidance document, to be published in a November issue of the Pennsylvania Bulletin, will assist DEP’s permitting staff in implementing the new total dissolved solids effluent standard for discharges of treated natural gas wastewater. The revised Chapter 95 regulations ensure that drinking water, waterways, and watersheds in the state are not impacted by high levels of total dissolved solids. The most common total dissolved solids in Pennsylvania are chlorides and sulfates.
The guidance also clarifies that all facilities that accept shale gas extraction wastewater that has not been fully pre-treated to meet the discharge requirements must develop and implement a radiation protection plan. Such facilities must also monitor for radium-226, radium-228, uranium, and gross alpha radiation in their effluent.
The department will host web-based trainings in the coming weeks to explain the implementation of the guidance document to treatment plants and their customers.
DEP regulates the treatment and discharge of industrial wastewater in the state as part of its administration of the federal National Pollutant Discharge Elimination System (NPDES).
Draft General Permit for Temporary Wastewater Discharges in Ohio
Ohio EPA has drafted a general permit to regulate temporary wastewater discharges and is accepting public comments through November 28, 2011. The agency will hold a public meeting to take comments relating to issues of water quality at 3:00 p.m. November 21, at Ohio EPA Central Office, Conference Room A, 50 West Town Street, Suite 700, Columbus. The purpose of the public meeting is to obtain additional information that will be considered by the Director of Ohio EPA prior to any further action on the draft permit. Visitors should bring a photo ID.
Temporary discharges are usually those associated with a facility or site cleanup; a one-time emergency discharge related to an environmental cleanup activity; discharges required for restoring conditions affecting aquatic life or to protect human health and safety; and discharges resulting from testing pilot projects.
The general permit would not cover discharges to high quality receiving waters within two stream miles of the discharge point, including specific classifications: outstanding national resource water; outstanding state waters; and superior high quality water other than Lake Erie or Category 3 wetland.
A discharger may not use this general permit to cover discharges that increase the regulated pollutants due to facility modifications, bypass, or upset a treatment works or collection system, or already permitted wastewater discharges. In addition, the Ohio EPA Director may request an individual permit application. The permit also would not cover discharges that continue beyond 60 days; are associated with storm water; contribute to a violation of Ohio’s water quality standards as determined by the director; discharge to combined or sanitary sewers; discharge within 500 yards upstream of a public water supply intake or discharge to the Ohio River and cannot meet public water supply standards; are comingled with hazardous wastes or substances; contain pollutants classified as bioaccumulative chemicals of concern; are associated with petroleum corrective actions; and include hydrostatic testing wastewater.
Statewide general permits have a five-year duration and are reviewed and revised as needed at the end of that period. A general permit is one permit covering many locations that have similar discharges. General permits are used to allow discharges that will have a minimal impact on the environment. An individual could request coverage under the draft general permit by submitting an application, notice of intent and paying applicable fees.
ADEM Announces Broad-Reaching Pesticide NPDES General Permit
The Alabama Department of Environmental Management (ADEM) has completed the process for developing its Pesticide General Permit which became effective on October 31, 2011. The permit is designed to protect water quality from the potential impacts associated with discharges from the application of biological and chemical pesticides.
On January 19, 2009, the US Sixth Circuit Court of Appeals ruled that Clean Water Act (CWA) permits were required for the application of pesticides in, over, or near waters of the US. Due to this ruling, NPDES permits will now be required for these pesticide applications and the ADEM Pesticide General Permit is being issued to address this need.
The requirements for compliance under the new Pesticide General Permit are potentially applicable to a wide-range of entities including individual homeowners, municipalities, foresters, farmers, and private industries that are utilizing biological and chemical pesticides for activities such as mosquito control, animal pest control, weed/algae control, and forestry canopy or other area-wide pest control that occur in water, at water’s edge, or over water. Those entities that are required by the Pesticide General Permit to submit a Notice of Intent (NOI) for permit coverage will not be required to submit the NOI until January 31, 2012.
Questions related to compliance with the Pesticide General Permit and/or submittal of a NOI should be directed to the ADEM Stormwater Management Branch at 334-394-4318.
Final Rulemaking Packages for On-Road Diesel Vehicles and Off-Road Equipment Regulations
In October, the California Air Resources Board (ARB) filed with the Office of Administrative Law (OAL) final rule-making materials for the following regulations: the In-Use On-Road Diesel Vehicle Regulation (Truck and Bus Regulation), the Greenhouse Gas Emission Reduction Regulation (Tractor-Trailer GHG Regulation), the Off-Road Large Spark Ignition Engine Fleet Requirements (LSI Fleet Regulation), and the Regulation for In-Use Off-Road Diesel Fueled Fleets (Off-Road Regulation). OAL has until December to approve the regulations and file them with the Secretary of State.
The ARB adopted a number of regulations that require diesel engine owners to reduce their engine emissions. These regulations are part of the State’s plan to meet federal ambient air quality standards and to protect public health. Between now and 2023, nearly all trucks and buses that operate in California and have a manufacturer’s gross vehicle weight rating greater than 14,000 pounds must upgrade to reduce exhaust emissions. Similar requirements will also become effective in the next several years affecting owners and operators of certain off-road equipment (including equipment used in construction, industrial, and airport operations). To comply with these requirements, fleet owners can upgrade existing engines by installing particulate matter (PM) filter retrofits or other Verified Diesel Emission Control Strategies (VDECS), or by upgrading to cleaner engines.
In addition, the California Global Warming Solutions Act of 2006 (AB 32) established requirements to achieve reductions of GHG emissions. AB 32 requires the ARB and other state agencies to adopt regulations and other requirements that would reduce statewide GHG emission levels to the equivalent of 1990 levels by 2020. The Tractor-Trailer GHG rulemaking is one of 44 early action measures identified by the Board and requires certain tractor and trailer combinations to use low-rolling resistance tires and aerodynamic technology.
Oakmont Environmental Pleads Guilty to Dumping over 1 Million Gallons of Oily Wastewater
Oakmont Environmental, Inc., pled guilty to a felony environmental crime involving the illegal discharge of 1,200,000 gallons of oily wastewater directly into the Harvey Canal from September 2007 to March 2008, announced U. S. Attorney Jim Letten.
Oakmont pled guilty before U. S. District Judge Martin L.C. Feldman to one count of violation of the CWA, 33 U.S. C. 1319(c)(2)(A). The maximum penalty Oakmont faces is five years probation and a $500,000 fine. Sentencing has been scheduled for February 8, 2012 at 1:30 p.m. The government filed a Bill of Information on August 31, 2011 charging Oakmont with a knowing violation of the CWA for discharging oily wastewater into the Harvey Canal.
Oakmont admitted that it had a permit which allowed the company to discharge wastewater into the Jefferson Parish publicly owned sewerage treatment plant only after it had been pretreated by Oakmont. Oakmont was supposed to separate the oil from the water through an oily water separator system. The separated oil was to be shipped to a recycling plant while the pretreated wastewater was to be discharged through the Jefferson Parish sewerage system. However, instead of pretreating the wastewater, Oakmont installed a discharge hose in the rear of its facility and discharged the oily wastewater directly into the Harvey Canal, a water of the US.
In a related case, Clifton Karr from Amite, Louisiana, pled guilty for a negligent discharge of oily wastewater from the Oakmont facility. Karr was the operator of the Oakmont facility in Harvey, Louisiana.
Karr pled guilty before U. S. Magistrate Judge Daniel E. Knowles, III, to a one count misdemeanor violation of the CWA. KARR faces a statutory maximum imprisonment of one year and a fine of up to $100,000. Sentencing has been scheduled for February 8, 2012 at 10:30 a.m.
The government filed a Bill of Information on August 31, 2011, charging Karr with a violation of the CWA by negligently discharging wastewater into the Harvey Canal, a water of the US.
Karr admitted that he knew that the facility he operated did not have a permit to discharge wastewater into the Harvey Canal. He knew that OAKMONT did not have the ability to process the waste properly because the original owner had not installed the proper equipment and that he had no place to store the waste. KARR admitted that he discharged the oily wastewater into the Harvey Canal.
The cases were investigated by the EPA, the US Coast Guard Criminal Investigative Service, the Louisiana Department of Environmental Quality—Criminal Investigative Division, and was prosecuted by Assistant US Attorney Dorothy Manning Taylor.
Corn Syrup Company to Pay $105,000 and Restore Wetlands Following Alleged Illegal Wastewater Discharges
A company that supplies manufacturers with high fructose corn syrup was ordered to restore wetlands and pay a penalty to the state for allegedly discharging industrial rinse water into wetlands surrounding its distribution plant, according to a settlement announced by Attorney General Martha Coakley.
“It is critically important that we safeguard our state’s waterways and wetlands,” said Attorney General Martha Coakley. “We will continue to vigorously enforce the Commonwealth’s environmental laws to ensure that companies don’t skirt the laws.”
Tate & Lyle Ingredients Americas LLC, will pay a $105,000 penalty to the state, and must restore the altered wetlands, after the state claimed that the company dumped rinse water used to clean the interior of the tanker trucks used to transport corn syrup, into a culvert behind the plant instead of shipping this wastewater offsite for proper disposal.
According to the Attorney General’s lawsuit, Tate & Lyle, a limited liability company organized in Delaware, operates a distribution center at 30 Walkup Drive in Westborough to supply beverage manufacturers with high fructose corn syrup produced by its manufacturing plant in Decatur, Illinois. Tate & Lyle regularly cleans syrup tanks with hot water, and from November 2006 until August 2007, rather than collecting and properly disposing of the syrup-laden rinse water, the company allegedly dumped the wastewater into a culvert behind the plant, fouling the waters in a nearby stream, and damaging nearby bordering vegetated wetlands.
The company allegedly altered approximately 12,000 square feet of bordering vegetated wetlands by its illegal discharges of rinse water, in violation of the state Clean Waters and Wetlands Protection Acts. The settlement requires Tate & Lyle to restore the damaged wetlands pursuant to a plan approved by the Massachusetts Department of Environmental Protection (MassDEP), and to remove any invasive plant species that may be found in those areas. The company is also under a court order properly to dispose of its rinse water in the future.
“Companies must prioritize the safe management of large volumes of wastewater, which are capable of damaging environmental resources such as wetlands, surface water, and groundwater,” said MassDEP Commissioner Kenneth L. Kimmell. “These areas are protected because of the valuable role they play in protecting water quality, habitat for wildlife and other important environmental values.”
Louisiana Businessmen Plead Guilty to Illegal Disposal of Solid Waste
Guilty pleas have been entered at the Orleans Parish Criminal District Court by Cecil and Floyd Person, owners of a hauler business based in New Orleans. The Persons were arrested on illegal dumping charges stemming from a multi-agency operation conducted in the fall of 2010.
In that operation, the Louisiana Department of Environmental Quality (DEQ) partnered with the EPA and the city of New Orleans and inspected nearly 40 sites along the Almonaster corridor in New Orleans East. These sites were targeted because previous inspections showed they were the most egregious offenders for not complying with environmental regulations. From that investigation, Cecil Person, of New Orleans, and Floyd Person, of Baton Rouge, were arrested for the illegal disposal of solid waste at the Almonaster location.
Cecil Person pled guilty to two counts of illegal disposal of a solid waste. He was sentenced to one year imprisonment suspended, 24 months of unsupervised probation, a fine of $500, and was ordered to pay a fine of $1,000 to DEQ for prosecution costs. He must also remove 100 loads of debris from the site and legally dispose of it. Floyd Person pled guilty to one count of illegal disposal of a solid waste. He was sentenced to one year imprisonment suspended, 24 months of unsupervised probation, a fine of $500, and was ordered to pay a fine of $1,000 to DEQ for prosecution costs. He must also remove 30 loads of debris from the site and legally dispose of it.
“These guilty pleas are the culmination of our ongoing effort to eliminate illegal dumping and environmental crimes across the state,” said DEQ Secretary Peggy Hatch. “Working with our local, state and federal partners, we have made arrests and levied fines in our continuing mission to protect human health and the environment from illegal dumping.”
CHS, Inc. Resolves Hazardous Waste Violation
The Montana Department of Environmental Quality (DEQ) recently settled an administrative enforcement action against CHS, Inc., for violation of the Montana Hazardous Waste Act at the Laurel refinery in Yellowstone County.
In its enforcement action, the DEQ alleged that CHS stored hazardous wastes at its Laurel refinery for 35 days beyond the 90-day storage limit during the summer 2010. To resolve the violation, DEQ and CHS entered into a consent order, under which CHS agreed to pay $23,000 administrative penalty for the violation.
CHS paid the $23,000 administrative penalty and the DEQ closed the enforcement case.
Buffalo Developer Indicted for Illegally Filling Over 90 Acres of Wetlands
A New York developer and his companies were indicted on federal charges that they conspired to illegally fill jurisdictional wetlands, announced Assistant Attorney General Ignacia S. Moreno for the Justice Department’s Environment and Natural Resources Division and US Attorney William Hochul for the Western District of New York.
William L. Huntress and his companies, Acquest Transit LLC, and Acquest Development LLC, were charged in the Western District of New York for illegally filling wetlands in Amherst, New York, as detailed in the seven count indictment. The defendants are scheduled to make their initial appearances in federal court in the Western District of New York on November 10, 2011. This indictment follows affirmative civil suits filed by the Department of Justice in 2009 seeking to prevent the defendants from filling wetlands in both Amherst and at an unrelated site.
The indictment describes a scheme to illegally fill wetlands situated on a 96-acre parcel sitting upstream from Tonawanda and Ransom Creeks. As alleged in the indictment, the defendants purchased the property with the intent of commercially developing the site and were aware of the presence of the wetlands at the time of that purchase. After the purchase, and despite knowing that wetlands were present, the defendants, and others acting at the defendants’ direction, filled a portion of these wetlands by installing both a roadway and a fill pad on the site.
According to court documents, Huntress and other conspirators concealed the illegal wetland filling by concealing documents from the EPA, making false statements to federal law enforcement officers and disregarding both administrative and judicial orders enjoining the defendants from further earth-moving activities on the site.
The indictment charges the defendants with conspiracy to defraud the US and to violate the CWA; substantive CWA counts; obstruction of justice; false statements; concealment of material facts; and contempt of court.
The CWA counts of the indictment each carry a maximum possible term of three years in prison and a potential $50,000 fine for each day the violations occurred. The conspiracy and false statements counts of the indictment each carry a maximum possible term of five years in prison and a fine of $250,000, twice the gross gain to the defendants or twice the gross loss to a victim. The obstruction of justice count of the indictment carries a maximum possible sentence of 20 years in prison and similar fines.
An indictment is a mere accusation, and all defendants are presumed innocent until and unless convicted in a court of law.
This case was investigated by Special Agents from the EPA’s Criminal Investigation Division. The case is being prosecuted by Assistant US Attorney Aaron J. Mango of the Western District of New York and Todd W. Gleason of the Environmental Crimes Section of the Environment and Natural Resources Division of the US Department of Justice.
Check Your Number Campaign Challenges 3,000-Mile Oil Change Habit
Should you change your vehicle’s oil every 3,000 miles? Not necessarily, according to California’s Department of Resources Recycling and Recovery (CalRecycle), which announced its “Check Your Number” campaign to encourage drivers to rethink their current habits and only change motor oil as needed.
“With significant advances in auto technology, it’s important for drivers to understand that changing motor oil every 3,000 miles is an old default that may not be relevant for their vehicle,” said CalRecycle Director Caroll Mortensen. “Frequent oil changes do not necessarily mean better performance or longer engine life. By following the manufacturer’s recommendations, you will not only do right by your ride, but you’ll also benefit the environment by using fewer resources.”
A recent survey by CalRecycle indicates almost 15 million Californians change their motor oil every 3,000 miles or less. However, many cars can go farther. For example, Toyota recommends an oil change every 5,000 miles for a 2005 Tacoma pickup, while General Motors recommends 7,500 miles for its 2007 Chevrolet Malibu.
Reduced motor oil consumption reduces the risk of environmental damage. Changing motor oil according to manufacturer specifications would reduce motor oil demand in California by approximately 10 million gallons per year.
To kick off the campaign, CalRecycle will take over high-traffic parking areas at San Francisco’s AT&T Park and the Santa Monica Pier near Los Angeles for one day, offering free parking to drivers who agree to check their owner’s manual for the manufacturer’s recommended oil change interval, and display that number on a poster on their windshield. Creating a sea of “Check Your Number” supporters, CalRecycle will challenge Californians to re-evaluate their oil change habits.
Man Pleads Guilty to Asbestos Violations
US Attorney William J. Hochul, Jr. has announced that Kenneth J. Horan, of Pittsford, New York, plead guilty to violating the Clear Air Act and National Emission Standards applicable to asbestos. The charge carries a maximum penalty of five years in prison, a $250,000 fine, or both.
Assistant US Attorney John J. Field, who is handling the case, stated that Horan supervised a renovation project in October 2009 for a commercial building located at 4366 Culver Road, in Irondequoit, New York. Although the defendant knew that the project required him to remove materials containing friable asbestos, a hazardous substance and carcinogen, Horan failed to comply with legally‐required safety measures for removing the material.
“Those involved in any remediation or renovation project have an obligation to follow the federal environmental health laws,” said US Attorney Hochul. “Ignoring regulations that are in place to protect the public can endanger the lives of those working on a project as well as those who work and live nearby.”
The plea is the culmination of investigative efforts by the US EPA, Criminal Investigation Division, under the direction of Special Agent in Charge, William V. Lometti, and the New York State Department of Environmental Conservation Police, under the direction of Captain David Bennett. Sentencing is scheduled for February 15, 2012, at 10:00 a.m. before Judge Larimer.
Judgment Entered Against Tesoro Corporation for Underground Storage Tank Monitoring and Testing Violations
The California Water Resources Control Board obtained a $325,000 judgment against the Tesoro Companies, Inc., and Tesoro West Coast Company LLC, (Tesoro) for underground storage tank (UST) monitoring and testing violations documented at 12 gas stations owned and operated by Tesoro.
Tesoro is one of the largest independent refining and marketing companies in the Western US, operating approximately 425 gas stations in California under the brands Tesoro, Shell, Mirastar, and USA Petroleum. As an owner and operator of USTs, Tesoro is required to monitor, test, and maintain its gas stations to prevent the release of hazardous materials to the environment.
Over the past several years, investigators from the State Water Board and local Certified Unified Program Agencies (CUPA) from Butte, Glenn, Imperial, and Ventura counties documented UST monitoring, testing, and construction violations. These violations included: failure to monitor the UST tank and product piping; failure to maintain secondary containment and spill containment; and failure to perform 10-year tank lining and corrosion protection certifications.
Under the terms of the judgment, Tesoro will pay $239,000 in penalties to the State Water Board and $86,000 for investigation and enforcement costs. The State Water Board’s investigation was a result of the cooperation and assistance received from the Department of Toxic Substances Control, Imperial County CUPA, Butte County Environmental Health Department (EHD), Glenn County EHD, City of Oxnard Fire Department, Ventura County EHD, and the Western States Project.
“The State Water Board will continue to pursue owners and operators that are not maintaining and testing their USTs in accordance with state laws. These laws were created to protect our state’s groundwater from contamination associated with leaking tanks, and we believe enforcement of these laws is a critical element to protecting water quality,” said David Boyers, Acting Director of the State Water Board’s Office of Enforcement.
The State Water Board was represented by the California Attorney General’s Office in this enforcement case. A copy of the complete judgment, which was entered by the Los Angeles County Superior Court, can be found on the State Water Board’s Website.
EPA, DNREC Reach Settlement with DuPont For Water Quality Violations
The Delaware Department of Natural Resources and Environmental Control (DNREC), the US EPA, and state and federal Departments of Justice have entered into a consent decree with the DuPont Corp., in which the company has agreed to pay a penalty of $500,000 for numerous violations of the DuPont Edge Moor plant site’s National Pollutant Discharge Elimination System (NPDES) permit and other state and federal regulations.
Many of the violations at the facility—which makes a white pigment from titanium used in the print and publishing industries—were pollutant discharges into the Delaware River that occurred between 2005 and 2011. All of the violations, including state and federal CWA noncompliance, are covered in the consent decree signed with DNREC and EPA. DNREC first issued a notice of violation to DuPont in April 2008 for numerous effluent discharges that exceeded permit limits and for violations of other general NPDES permit conditions that were not met.
“We must be ever vigilant in protecting the Delaware River,” said DNREC Secretary Collin O’Mara. “Through this consent order, DuPont has committed to addressing past discharges while taking steps to meet future challenges in an effort to ensure that the river’s water quality continues to improve.”
EPA Regional Administrator Shawn M. Garvin agreed that the DuPont penalty as agreed to in the settlement was of major environmental significance. “We’re taking an important step forward in protecting and preserving the vital resources and recreational opportunities that the Delaware River provides,” Mr. Garvin said. “This settlement will improve water quality for all who enjoy and depend upon the river.”
In addition to the penalty levied through the consent decree, DuPont has agreed to undertake an environmental compliance assessment, to be completed within 15 months, and develop a plan that must include a schedule for implementing and completing each corrective action to reduce the risk of future wastewater violations at the facility. EPA, in consult with DNREC, will then determine if the plan is to be approved.
Beyond this assessment, DuPont must also demonstrate that it is implementing the facility’s stormwater pollution prevention plan (SWPPP) by submitting stormwater inspection reports to EPA for the duration of the consent decree.
Some of the more serious violations by DuPont were the discharges of hydrogen chloride, titanium tetrachloride and iron chloride into the Delaware River. Other violations include the discharges of ores, and overflow from the Edge Moor facility’s wastewater treatment plant’s neutralizers and clarifiers into the Delaware River.
Additionally, the DuPont Edge Moor plant’s NPDES permit violations included noncompliance with maximum concentration and loading limits for total suspended solids, pH, iron, visible foam, unpermitted discharges of “non-stormwater” through stormwater only outfalls, stormwater best management practices, unpermitted discharges of contaminated stormwater, and various violations of general permit conditions and requirements of the various outfalls.
DNREC also noted that effluent violations from this facility added excess volumes of pollutants discharged into the Delaware River in the form of solids, organics, metals, and potentially harmful pH levels to the state’s surface waters, and has contributed to impairment of the state’s waterways.
EPA Issues First GHG Permit in Texas
EPA issued the first Texas GHG permit for the Lower Colorado River Authority (LCRA) Thomas C. Ferguson Power Plant in Llano County, Texas. LCRA is modernizing and expanding its plant by replacing its 37 year old unit with a new more efficient and reliable natural gas powered unit.
“The new LCRA plant will use improved environmental controls and install modern high efficiency equipment,” said EPA Regional Administrator Al Armendariz. “LCRA is leading the way by providing Texans an efficient and reliable source of clean power.”
LCRA is the first company in Texas to complete the GHG permit process and obtained a final permit in about 8 months. Earlier this year, the company proposed to replace an old 440 megawatt electricity generating boiler with a new reliable 590 megawatt combined cycle gas-fired plant. The new plant relies on an advanced electric power generation system that reduces nitrogen oxide emissions and also includes advanced environmental monitoring of GHG emissions.
“We appreciated EPA’s work on our project,” said LCRA General Manager Becky Motal. “We believe that replacing our aging Thomas C. Ferguson Power Plant with this new combined-cycle natural gas plant benefits everyone. The region will benefit from the latest environmental controls and our customers will benefit from our ability to better manage costs with a plant that will use about 35 to 40 percent less fuel than traditional gas-fired plants.”
In June 2010, EPA finalized national GHG regulations, which specify that beginning on January 2, 2011, projects that increase GHG emissions substantially will require an air permit. EPA believes states are best equipped to oversee GHG air permitting programs. In the interim, EPA is providing Texas businesses access to the permits they need to meet the GHG requirements and continue to grow.
The EPA is currently reviewing ten additional GHG permit applications for Texas companies.
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Trivia Question of the Week
Turkey prices will be higher this Thanksgiving because:
a. Avian flu
b. Higher grain prices due to increased demand for ethanol
c. A drop in the average weight of turkeys linked to climate change
d. Increased waste disposal costs for controlling manure methane, pathogens, and nutrients
