Jason Bruno, of Lafayette, Louisiana, pled guilty to the unauthorized discharge of a pollutant into a publicly owned treatment works (POTW); and, in doing so, he knew or should have known that such a discharge would cause personal injury or property damage.
Mr. Bruno pled guilty to negligently discharging tetrachloroethylene, a hazardous substance, into a POTW during the period December 2007 through May 2009. Bruno, former owner and manager of One Low Price Cleaners in Lafayette, separated wastewater from spent tetrachloroethylene solvent or solids from dry cleaning machines, and subsequently poured the wastewater into the drain or toilet. Wastewater from tetrachloroethylene is a hazardous waste. One Low Price Cleaners had been using a hazardous waste disposal company to dispose of the wastewater; however, they chose to bypass this step in order to avoid paying the company’s pickup and disposal fees.
“It is unfortunate that a few business owners choose to conduct operations that violate the law at the expense of human health and the environment,” said Ryan Brignac, Supervisor of Louisiana Department of Environmental Quality’s (DEQ) Criminal Investigative Division. “The willful discharge of a hazardous material into a public sewer system is a serious offense that will be met with serious consequences and prosecution to the fullest extent of the law. DEQ continues to work with the public as well as local, state and federal law enforcement agencies in order to investigate and bring such violators to justice.”
“There are honest accidents and then there are crimes,” said Ivan Vikin, Special Agent in Charge of EPA’s Criminal Enforcement Division in Louisiana. “Tetrachloroethylene is a toxic chemical that can cause headaches, nausea and unconsciousness. Exposure to very high concentrations can result in death. The defendant negligently dumped perc into the city sewer system for up to two years. Yesterday’s guilty plea shows that anyone who deliberately puts public health and the environment at risk will be prosecuted.”
The case was investigated by the Louisiana Environmental Crimes Task Force, which is comprised of the EPA’s Criminal Investigation Division, the Louisiana DEQ’s Criminal Investigation Division, and the Louisiana State Police. A sentencing date has not been set.
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
Connecticut BACT Database Now Available
The BACT determinations can be browsed and custom reports can be run based on permit issue dates, pollutants, and EPA process codes.
Tierra Environmental Charged with Conspiracy and Violating the Clean Water Act
Tierra Environmental and Industrial Services, Inc., a centralized waste treatment facility in East Chicago, Indiana, its owner, and a manager have been charged with conspiracy and felony violations of the Clean Water Act (CWA) in a seven-count indictment returned by a federal grand jury, the Department of Justice announced.
Tierra Environmental, owner Ronald Holmes, and manager Stewart J. Roth have been charged with illegally discharging wastewater into the sewers of the Hammond Sanitary District from a closed facility.
Tierra, located at 3821 Indianapolis Blvd., is a centralized waste treatment facility that charges customers to dispose of their polluted wastewater. Tierra advertised itself as specializing in spill remediation; bio-waste cleanup; waste brokerage; hazardous and non-hazardous transportation services; industrial wastewater/sludge removal and disposal; grease trap cleaning and tank cleaning for hotels and restaurants; and liquid waste transportation and disposal from food processors, distributors, and manufacturers in all industries. Tierra collected both hazardous and non-hazardous liquid wastes from customers, using a number of vacuum trucks and tanker tractor-trailer trucks. Tierra had facilities for limited storage, separation, and solidification of non-hazardous wastes.
According to the indictment, Tierra’s East Chicago facility did not hold a permit to discharge industrial waste to the East Chicago Sanitary District’s sewer system and the facility’s connection to that sanitary sewer system had been sealed shut. The company therefore had to transport wastewaters it collected from customers to other facilities for final treatment and/or disposal.
The indictment alleges that the conspiracy was undertaken for the purpose of avoiding expenses associated with treating and/or paying other facilities to lawfully treat, store, or dispose of wastewaters collected from customers. The indictment alleges that the defendants conspired to achieve this objective by transporting wastewater to a shut-down, unpermitted facility in Hammond, Indiana, that was owned and/or controlled by Ronald Holmes. There, the wastewater was discharged directly to the Hammond Sanitary District’s sewer system.
Holmes was the owner of Tierra, and also served as its president and secretary. Roth was a Project Manager at Tierra. Roth had been with Tierra since 2005.
The CWA makes it a felony to knowingly discharge trucked or hauled pollutants into a POTW from a discharge point not designated by the POTW.
If convicted, Holmes and Roth face up to five years in prison on the conspiracy count and three years on each of the CWA counts, as well as a criminal fine of up to $250,000 for each count. The company may also face fines and probation.
The allegations in the indictment are mere accusations and all persons are presumed innocent until and unless proven guilty beyond a reasonable doubt in a court of law.
The case was investigated by the Northern District of Indiana Environmental Crimes Task Force, including agents from the US EPA’s Criminal Investigation Division, the Indiana Department of Environmental Management—Office of Criminal Investigations, the US Department of Transportation, Office of Inspector General, and the US Coast Guard Criminal Investigative Service. The case is being prosecuted by the US Attorney’s Office for the Northern District of Indiana and the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.
Pennsylvania DEP to Issue Technical Guidance on Wastewater Treatment Permitting
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 the November 12 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).
EPA’s WaterSense Program to Label Innovative Watering Technology
The most efficient irrigation controllers, which operate like a thermostat for your sprinkler system by telling it when to turn on and off, may provide home and building owners the ability to save 110 billion gallons of water and roughly $410 million per year on utility bills.
“As much as half of the water we use on our landscapes goes to waste due to evaporation, wind, and improperly scheduled irrigation systems,” said Sheila Frace, Director of EPA’s Office of Water’s Municipal Support Division. “WaterSense labeled irrigation controllers are designed to do the thinking for you and apply water only when needed, to ensure a healthy landscape that doesn’t waste water.”
Residential outdoor watering in the US accounts for more than 7 billion gallons of water each day, mainly for landscape irrigation. For many homeowners, the practice is “set it and forget it.” When watering schedules for irrigation system are set during the hottest and driest months and not adjusted when the weather changes, the result is overwatering for much of the year. WaterSense labeled irrigation controllers, which monitor watering needs based on local weather data, can use significantly less water by applying water only when plants need it—reducing annual water bills and offering convenience and peace-of-mind while keeping landscapes healthy.
Controllers with the WaterSense label could be available in spring 2012. Like all WaterSense labeled products, WaterSense labeled irrigation controllers must be independently certified to meet EPA’s criteria for water efficiency and performance.
Bipartisan Extension of Renewable Energy Tax Incentive
US Representatives Dave Reichert (R-WA) and Earl Blumenauer (D-OR), members of the tax-writing House Committee on Ways and Means, introduced the American Renewable Energy Production Tax Credit Extension Act (). This bipartisan bill extends the tax incentive for the production of wind power, geothermal power, hydropower, and other forms of renewable energy through 2016.
“Extending this long-standing tax incentive will leverage private investment to bring proven energy projects online, bolster domestic manufacturing, and reduce electricity costs for businesses and families,” said Rep. Reichert. “Renewable energy resources play an important and increasing role in America’s total energy supply and reducing our reliance on foreign energy resources controlled by hostile nations. The certainty this bipartisan bill will provide can further spur growth in this vital sector, increase economic development, and create jobs.”
“Tax credits for renewable energy development are an essential part of powering America’s clean energy future,” said Rep. Blumenauer. Investing in the renewable energy industry is vitally important for the American economy, creates jobs, and helps curb America’s dangerous dependence on foreign oil.”
“American wind energy jobs are something that we can all agree are vital for our economic well-being and energy security,” said Denise Bode, CEO of the American Wind Energy Association. “The recent stability of production tax credit (PTC) has provided the foundation of wind energy’s transformation of a new manufacturing sector based on American ingenuity. Over the last six years, U.S. domestic production of wind turbine components has grown 12-fold to more than 400 facilities in 43 states. Extending the PTC will keep growing U.S. wind energy manufacturing jobs, rather than losing them to other countries.”
“Extending hydropower tax incentives provides developers financial certainty and will bring additional clean, affordable and reliable hydroelectric power to more American families,” said Linda Church Ciocci, Executive Director of the National Hydropower Association. “A long-term PTC extension sends a market signal supporting project development, in turn leveraging significant private investment.”
“The Reichert-Blumenauer bill is a measure that will help diversify our nation’s energy sources while employing thousands of Americans and providing hundreds of megawatts of new clean energy,” said Bob Cleaves, President and CEO of Biomass Power Association. “Biomass power promotes sustainable forestry and farming while providing predictable, long-term energy solutions that contribute to rural economies across the country.”
“Extending federal tax incentives through 2016 is vital for the future of the US geothermal industry,” said Karl Gawell, Executive Director of the Geothermal Energy Association. “We are already seeing a slow-down in projects unable or unlikely to meet the current deadline. This legislation would stem this downturn and sustain growth in the US geothermal industry.”
H.R. 3307 provides a clean, 4-year extension of the existing production tax credit for wind, biomass, geothermal, small irrigation, landfill gas, trash, and hydropower. It was created in the Energy Policy Act of 1992 and has frequently been extended in year-end packages of expiring tax provisions, as well as in the Energy Policy Act of 2005. The current incentive is set to expire next year for wind and in 2013 for other renewable energy forms. Advocates note that historically, at least six to eight months before the tax credit expires, financial lenders hesitate in providing capital for projects because of the uncertainty created by the pending expiration of the credit, stalling projects from coming online. The rush to complete projects as the PTC nears expiration also reduces projects and adds costs, resulting in higher electricity prices.
Former Asphalt Manager of Pelican Refinery Pleads Guilty in Louisiana to Air Pollution Causing Negligent Endangerment
The former asphalt facilities manager of Pelican Refining Company LLC (PRC), pleaded guilty to the crime of negligent endangerment under the Clean Air Act (CAA) in federal court in Lafayette, Louisiana, announced Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division at the Department of Justice, and Stephanie A. Finley, US Attorney for the Western District of Louisiana.
Mike LeBleu served as the asphalt facilities manager of the Pelican Refinery in Lake Charles, Louisiana, from May 9, 2005, through October 15, 2009. LeBleu was a member of upper management with regard to the asphalt plant and had overall responsibility for the plant’s operations and personnel. According to court documents, LeBleu negligently caused the release of hydrogen sulfide (H2S), an extremely hazardous substance, into the air, which placed other persons in imminent danger of death and serious bodily injury. LeBleu faces a maximum of one year in prison and a fine of $100,000.
According to the joint factual statement filed with court, during August 2007, LeBleu facilitated the purchase of a load of 64-22 asphalt that had extremely high levels of H2S emissions, between 150 parts per million (ppm) and 1300 ppm. H2S emissions at these levels carry serious health risks, ranging from eye and lung damage to death at the highest levels. The H2S coming off the asphalt was so high that the barge carrying the load was previously denied entry into the Port of Houston. Because of the high H2S levels, LeBleu was able to negotiate a substantial discount. The Pelican Refinery would have to spend almost $25,000 on treatments and chemicals in order to bring the H2S emissions down to safe levels for road construction, but even with the cost of treatment, the savings to the Pelican Refinery amounted to more than $140,000.
LeBleu admitted that he was fully aware of the risks associated with processing asphalt with such high H2S emissions. For example, at the time of treatment, he requested and received from the Asphalt Institute, a draft copy of “Best Management Practices for Asphalt Facility Control of H2S Exposure.” Nevertheless, those best practices were not instituted or followed.
On August 19, 2007, the asphalt arrived at the Pelican Refinery, and under LeBleu’s direction, employees on the asphalt barges were instructed to load approximately 39,438 barrels of the high-H2S asphalt into a tank, known as Tank 80-02. Tank 80-02 was not permitted for H2S emissions, a violation of PRC’s Title V permit. LeBleu understood that the asphalt was in a liquid phase and that H2S would be emitted into the vapor space of the tank. Because that tank was vented to the atmosphere, H2S would escape into the surrounding air, especially given the heated condition of the asphalt. LeBleu himself saw “blue smoke” being emitted from the elbow vents toward the top of the tank, indicating that fumes were being emitted into the atmosphere.
The treatment of the high H2S asphalt was an ongoing process involving mixing and blending that lasted approximately one month, and was completed by the end of September 2007. During the treatment, regular samples of the H2S levels had to be taken. Some of this was done from a tap valve on the side of the tank. Other samples were taken from a hatch at the top of the tank’s roof. LeBleu personally collected some of these samples, but he also was negligent when he ordered his subordinates to collect such samples. These employees had to climb on top of the tank, open a hatch, and insert a sampling device into the hatch. The employees were not provided with “fresh air” breathing equipment as required by industry best practices. Several of these employees noted that their personal H2S monitors indicated exposure to H2S. Other employees that went on top of Tank 80-02 as part of the sampling program reported smelling “rotten eggs” and being overcome with fumes. The smell of rotten eggs is a human indicator for the presence of H2S.
In related cases, PRC pleaded guilty on October 12, 2011, to felony violations of the CAA and obstruction of justice for its mismanagement of the refinery. Sentencing is scheduled for December 15, 2011. Additionally, the company’s vice-president and general manager, Byron Hamilton, pleaded guilty to CAA negligent endangerment charges on July 6, 2011. Sentencing has yet to be scheduled for Hamilton.
Under the Crime Victims’ Rights Act, crime victims are afforded certain statutory rights, including the opportunity to attend all public hearings and provide input to the prosecution.
The criminal investigation was conducted by the EPA Criminal Investigation Division in Baton Rouge and the Louisiana State Police, with assistance from the Louisiana Department of Environmental Quality. The case is being prosecuted by US Attorney Stephanie Finley, Trial Attorney Christopher Hale and Senior Trial Attorney Richard A. Udell, both with the Environmental Crimes Section of the Environment and Natural Resources Division of the US Department of Justice.
Mercury Negotiations Move Forward Towards Global Treaty
Representatives from 120 governments gathered at the headquarters of the United Nations Environment Programmed (UNEP) in Nairobi recently for negotiations towards a global treaty on mercury.
The third of five sessions of the Intergovernmental Negotiating Committee (INC) will address the release of mercury into the environment from energy production and industrial processes, and the use of mercury in small-scale gold mining, consumer goods, and its presence in hazardous wastes, among other issues.
Mercury is listed by the World Health Organization (WHO) as one of the top ten chemicals of public health concern. Human exposure to mercury can damage the nervous system and cause behavioral disorders. When released, mercury persists in the environment where it circulates between air, water, sediments, and soil. Mercury has toxic effects on humans and wildlife and can enter the food chain through contaminated fish.
Much of the discussion focused on artisanal and small-scale gold mining (ASGM) and its effects on human health and the environment on the continent. ASGM remains the largest demand sector for mercury globally, with an estimated 1300 tons set to be used in 2011.
ASGM is practiced in around 70 countries, almost half of which are in Africa. Virtually all the mercury used in small scale gold mining is released into the environment, posing long-term risks for mine workers and communities living downstream or downwind from mines.
Abiola Olanipekun, INC Bureau member representing the African regional group, told a press briefing that alternative processes for gold extraction which do not use mercury now exist and that investment in such methods was essential for reducing environmental and health risks.
“When it comes to mercury, Africa is the most vulnerable region,” said Ms. Olanipekun. “Africa needs these alternatives so that the environment and people’s futures aren’t jeopardized. That’s why these negotiations are so important”
Ludovic Bernaudat of the UN Industrial Development Organization told journalists that the high price of gold (currently over $1700 per ounce) is sparking a gold rush in many countries, posing a timely challenge of how to reduce the use of mercury in the growing, but largely informal small-scale mining sector.
Under its Global Mercury Partnership, which brings together governments, civil society, and the private sector, UNEP is assisting African countries in developing national mercury inventories. As well as forming the basis of mercury reduction targets, developing comparable sets of data from different countries can serve to enhance international co-operation on mercury. Inventory projects led by the Global Mercury Partnership are currently being explored in Burkina Faso, Senegal, and Mali, for example.
As mercury is present as a contaminant in virtually all fossil fuels, reducing emissions of mercury from coal-fired power stations and the burning of oil and gas is also a priority for many countries at the INC negotiations. Other key issues include the presence of mercury in cosmetics, such as skin lightening creams, medical instruments such as thermometers, or mercury-containing hazardous wastes such as batteries and fluorescent lamps.
The INC negotiations, for which UNEP provides the Secretariat, are at the half-way stage in Nairobi, with the aim of achieving a global treaty on mercury by 2013.
Speaking at the opening ceremony of the Nairobi session, UN Under-Secretary-General and UNEP Executive Director Achim Steiner said, “It is our obligation through this treaty to create the conditions by which the world will rapidly reduce the likelihood of exposure (to mercury) in both a health and environmental context.”
“The key at the end of 2013 must be that we have a treaty that sets the world on a course where mercury is less likely to affect the lives of people on this planet,” added Mr. Steiner.
Among the key objectives for the INC negotiations are:
- Reducing the supply of mercury onto the market and enhancing capacity for environmentally-sound storage of mercury.
- Reducing mercury demand for products, processes, and international trade.
- Reducing atmospheric emission of mercury.
- Addressing mercury-containing waste and remediation of contaminated sites.
- Increasing knowledge and capacity building on mercury.
- Arrangements for technical and financial assistance to support implementation.
- There are important development and economic factors to be considered. Artisanal and small-scale gold-mining, for example, contributes an estimated US$10 billion to the global economy and employs around 10-15 million people.
However, low-mercury and mercury-free solutions are available for gold mining (such as gravity separation or concentration methods), which can reduce health and environment risks while avoiding impact on livelihoods.
Agreements with Williams and ConocoPhillips resolve alleged CAA violations on Southern Ute Reservation
EPA announced agreements with two gas production companies resolving alleged violations of the CAA on the Southern Ute Reservation in Colorado’s San Juan Basin. The agreements, outlined in separate consent decrees with Williams and ConocoPhillips, will reduce emissions of air pollutants from a gas plant and compressor stations.
“These agreements will ensure that steps are taken to monitor and reduce emissions of harmful volatile organic compounds from several production facilities on the Southern Ute Reservation,” said Mike Gaydosh, director of EPA’s enforcement program in Denver. “These and other air pollutants can contribute to unhealthy air quality and impair visibility.”
Under an agreement with Houston-based ConocoPhillips, the company will pay a penalty of $198,000 to resolve alleged CAA violations at the Southern Ute Compressor Station. The station removes water and compresses natural gas for transportation through high pressure gas pipelines. The violations were discovered during a self-audit conducted by ConocoPhillips and disclosed to EPA.
ConocoPhillips will also conduct mitigation projects at the station, including the replacement of “high-bleed” pneumatics with “low-bleed” or “no-bleed” pneumatics at well sites that feed into the station. In addition, the company will conduct an infrared camera survey of the compressor station to identify leaking components and will retrofit a compressor engine with an oxidation catalyst to reduce emissions.
Measures taken as a result of the settlement will reduce emissions of volatile organic compounds by 137 tons per year, hazardous air pollutants like formaldehyde and benzene by 90 tons per year, and carbon monoxide by 33 tons per year. These measures will also conserve 5.5 million cubic feet of gas annually, enough to heat 80 homes.
In a separate agreement with EPA, Williams, a natural gas production company based in Tulsa, Oklahoma, has agreed to pay a $50,000 penalty and expand a leak detection program at the Ignacio Gas Plant on the Southern Ute Reservation. The settlement resolves alleged CAA violations at the gas plant and the Ute E compressor station. Violations were discovered through inspections conducted by EPA.
In addition to the penalty, Williams has agreed to implement an infrared camera leak-detection and repair program to identify fugitive emissions sources. The expected annual emission reductions associated with these measures include approximately 14,000 lb of volatile organic compounds.
The Ignacio Gas Plant gathers and processes field gas for transportation. The Ute E compressor station compresses field gas for transportation through a gathering line.
The facilities affected by both agreements are located in the San Juan Basin near Durango, Colorado, within the exterior boundaries of the Southern Ute Indian Reservation.
Winner of the 2011 Energy Star National Building Competition
EPA announced that the University of Central Florida (UCF) is the winner of EPA’s 2011 Energy Star National Building Competition: Battle of the Buildings. In its second year, the competition featured teams from 245 buildings across the country in a head-to-head battle to save energy, reduce costs, and protect people’s health and the environment. UCF’s winning building was a parking garage on the university’s main campus where energy use was decreased by 63.2%. Together, competitors cut their energy costs by $5.2 million.
“All of the Energy Star National Building Competition participants are seizing the opportunities energy efficiency presents to cut pollution and save money. Congratulations to the University of Central Florida for leading the way,” said EPA Administrator Lisa P. Jackson. “Increasing energy efficiency is a key strategy for securing our nation’s energy future, and Energy Star can help everyone from homeowners and small businesses to big buildings cut energy use and protect health by reducing air pollution.”
From improvements in operations and maintenance to upgrades in equipment and technology, the competitors saved a combined total of more than 240 million kBtus of energy and $5.2 million on utility bills annually. Competitors reduced annual greenhouse gas (GHG) emissions equal to the electricity used by more than 3,600 homes. The top overall finishers and their percent-based reductions in energy use include:
- University of Central Florida, Parking Garage C, Orlando, Florida – 63.2%
- Twinsburg High School and Sports Complex, Twinsburg, Ohio – 46.3%
- Polaris Career Center, Middleburg Heights, Ohio – 43.4%
- Hartman Elementary School, Wylie, Texas – 43.2%
- Scientific Instruments, West Palm Beach, Florida – 42.2%
- Fannie Mae Office Building, 3939 Wisconsin Ave., Washington, District of Columbia – 34.6%
- Office Depot, Plano, Texas – 34.1%
- North Suburban Medical Office Building, Thornton, Colorado – 33.7%
- Office Depot, Raleigh, North Carolina – 33.1%
- Kokomo High School, Kokomo, Indiana – 32.3%
The energy efficiency improvements achieved by UCF demonstrate that significant opportunities exist to save energy even in buildings that are not typically associated with sizeable energy use. Lighting accounts for the majority of energy consumed by an above-ground parking structure, therefore UCF focused their efforts to improve the quality and efficiency of the garage lighting. Improvements included upgrading the main garage to high performance T-5 fluorescent lights, retrofitting the top deck with light emitting diode (LEDs) fixtures, and adding motion sensors in the storage areas. In addition to cutting their energy use by 63%, UCF reduced their lighting bill for the parking garage by more than half due to improvements made during the competition. UCF is now spreading their successful strategies, as well as savings, to other buildings across the campus.
The 2011 Energy Star National Building Competition measured energy performance from September 1, 2010 through August 31, 2011. Competitors tracked their building’s monthly energy consumption using EPA’s Energy Star online energy tracking tool, Portfolio Manager. UCF won the competition by demonstrating the largest percent-reduction in energy use, adjusted for weather and the size of the building. The energy use intensity and square footage for each top overall finisher was verified by an independently licensed professional engineer or registered architect at the conclusion of the competition. This marks the second year a university has won the competition. In 2010, Morrison Residence Hall at the University of North Carolina at Chapel Hill won the competition, reducing energy use by more than 35%.
Energy use in commercial buildings accounts for nearly 20% of total US GHG emissions at a cost of more than $100 billion per year. Thousands of businesses and organizations work with EPA’s Energy Star program and are saving billions of dollars and preventing millions of tons of GHG emissions from entering the atmosphere each year.
EPA Order Requires Companies to Investigate Environmental Contamination at Refinery
EPA Region 7 has reached an administrative settlement with the current owner-operator and a historical owner of the Frontier El Dorado oil refinery at El Dorado, Kansas, requiring the companies to take a series of actions to investigate environmental contamination at the property.
Frontier El Dorado Refining LLC (Frontier), which owns and operates the facility; and Equilon Enterprises LLC, doing business as Shell Oil Products US (Shell), which has historical ownership interests in the facility, are listed as the respondents of an administrative order on consent issued by EPA in Kansas City, Kansas.
Consisting of more than 1,000 acres on the southwest corner of El Dorado, the property has been in use as an oil refinery for almost a century. Since 1980, the facility has been classified as a large quantity generator of hazardous wastes, under terms of the federal Resource Conservation and Recovery Act (RCRA). It produces motor fuels, residential fuel oils, and petroleum coke.
Previous environmental investigations at the refinery have identified releases of benzene, lead, hexavalent chromium, toluene, ethyl-benzene, and xylenes, among other chemicals. Investigation suggests hazardous wastes or constituents released at or from the site may have contaminated groundwater, surface water, and soil on or near the site. Impacted groundwater could pose significant threats to nearby streams, including Constant Creek, Salt Creek, and the Walnut River.
EPA’s settlement with Frontier and Shell requires the companies to integrate and continue environmental work previously performed at the refinery under the supervision of the Kansas Department of Health and Environment (KDHE), and to take a series of additional actions:
- Perform a series of interim measures to characterize and respond to releases of hazardous wastes and constituents at the facility;
- Submit to EPA a Current Conditions Report that summarizes past waste management practices and investigations;
- Perform a focused RCRA Facility Investigation, which will incorporate work previously done under supervision of KDHE, and a baseline environmental Risk Assessment;
- Determine the scope and selection of a final corrective action remedy for the facility by completing a Corrective Measures Study; and
- Establish financial assurance for each stage of work required by the order.
As first steps, the settlement requires Frontier and Shell to designate a project coordinator within 10 days, and notify EPA within 30 days of the names and qualifications of the primary persons, companies, and laboratories to be used in carrying out the work. The settlement further outlines a series of timeframes for beginning and/or completing various additional actions and phases of work at the site. Frontier and Shell will continue to operate existing remedial systems designed to contain groundwater contamination within the refinery boundaries.
EPA Settles Case Alleging PCB Violations at Office Building in Philadelphia
EPA announced that SSH Management, LLC, and 1500 Walnut Enterprises, LLC, have signed a consent agreement with EPA resolving alleged violations of federal regulations for polychlorinated biphenyls in an office building located at 1500 Walnut St., Philadelphia, Pennsylvania.
SSH Management, the manager of the office building, and 1500 Walnut Enterprises, the building’s owner, have agreed to pay a civil penalty of $20,000 and spend $38,600 on a public health environmental project involving the removal and proper disposal of a 191-gallon PCB transformer in the building’s basement.
The consent agreement resolves alleged Toxic Substances Control Act (TSCA) regulatory violations discovered when EPA inspectors conducted a compliance evaluation inspection at the building on May 6, 2009. The alleged violations include storage of combustible materials within each of two PCB transformer enclosures; failure to prepare and maintain annual visual inspection and maintenance history records for three PCB transformers; and failure to develop and maintain annual written document logs of the PCBs located onsite for 2006, 2007, and 2008.
PCBs, a probable human carcinogen, were commonly used as a nonflammable coolant for transformers and other electrical equipment until the 1970s, when Congress strictly limited the manufacture and use of this toxic substance.
The companies first realized they were not following federal requirements just prior to the 2009 inspection and immediately took steps to come into compliance. In the consent agreement, the companies certified that they were in compliance with storage, inspection, and annual document log requirements at the building. Removal of the 191-gallon PCB transformer will eliminate the potential of exposure to PCBs in the event of a fire or other emergency situation.
The two companies cooperated fully with EPA during the investigation and have certified that the building is now in compliance with applicable PCB regulations.
Oil Pollution Case Results in Felony Guilty Pleas and $750,000 Fine
US Attorney S. Amanda Marshall and Oregon Attorney General John Kroger jointly announced that the owner and operator of a Cyprus-based ship pleaded guilty to felony oil pollution charges. A.E. Nomikos Shipping Inv. Ltd., and Lounia Shipping Co. Ltd., pleaded guilty to one count each of violating the Act to Prevent Pollution from Ships, and knowingly making false statements to the US Coast Guard. As part of the plea agreement, the companies agreed to pay a $750,000 fine. Half of the fine—$375,000—will go to the Oregon Governor’s Fund for the Environment, which is dedicated to local environmental cleanup and restoration efforts focused on preserving and protecting Oregon’s rivers, watersheds, and fish and wildlife.
Nomikos was the operator and technical manager of the Arion SB, a bulk carrier that operated under the flag of Cyprus. Nomikos provided management services pursuant to a contract with Lounia, the registered owner of the Arion SB. Nomikos is headquartered in Piraeus, Greece. Lounia is headquartered in Cyprus.
Representatives of the companies entered guilty pleas before US District Judge Michael H. Simon, after which Judge Simon imposed sentence. In addition to the $750,000 fine, Judge Simon sentenced both defendants to three years probation, during which both defendants will be required to fund and implement an Environmental Compliance Plan.
An investigation revealed that between at least June 2011 and October 16, 2011, Nomikos and Lounia, acting through their agents and employees, directed subordinate engine room crew to run the Arion SB’s Oil Water Separator improperly. Specifically, the Chief Engineer instructed the Second Engineer to pipe fresh, clean water directly into the Oil Content Meter for the purpose of blinding the Arion SB’s Oil Content Meter, so that it would not function properly to prevent the overboard discharge of oil contaminated waste in excess of 15 ppm. The Chief Engineer failed to include any entries in the Arion SB’s Oil Record Book relating to the crew’s improper use of fresh water to manipulate the vessel’s Oil Content Meter, and also included inaccurate entries in the Oil Record Book regarding the crew’s use of the vessel’s Waste Oil Incinerator.
“The sentences imposed today should send a clear message that the United States will hold vessels responsible for dumping oil in our oceans and for lying to the United States Coast Guard. We are pleased that the court allocated $375,000 of the fine to be used here in Oregon to benefit our environment,” said US Attorney S. Amanda Marshall. “The Oregon Department of Justice is deeply committed to holding polluters accountable when they break the law,” said Attorney General John Kroger.
This case came to light after the US Coast Guard boarded the Arion SB, on or about October 16, 2011, to conduct a Port State Control Safety Exam for the vessel. “This case demonstrates our commitment to ensuring that vessels calling on U.S. ports fully comply with U.S. laws and international treaties,” stated Rear Admiral Keith A. Taylor, Commander, Thirteenth Coast Guard District. The case was jointly investigated and prosecuted by federal and state authorities. The case was investigated by the US Coast Guard, US Coast Guard Investigative Service, and EPA Criminal Investigation Division. Assistant US Attorney Stacie F. Beckerman and Special Assistant US Attorney Patrick Flanagan of the Oregon Department of Justice’s Environmental Crimes Unit prosecuted the case.
Three Men Convicted for Illegal Use of Toxic Pesticide
Michael Jochem, 42, of Ferdinand, Indiana, as well as David Rudolph, 59, and John Rudolph, 70, both of Jasper, Indiana, pled guilty and were sentenced by US District Court Magistrate Judge William Hussmann for the illegal use of an acutely toxic pesticide, announced Josh J. Minkler, First Assistant US Attorney. This followed an investigation by the EPA, the US Fish and Wildlife Service, and the Indiana Department of Natural Resources. Each man was sentenced to pay a $5,000 fine, while Jochem was also sentenced to a six month term of probation.
In June 2008, an Indiana Conservation Officer (ICO) discovered several dead birds and mammals in the area of a corn field maintained by Paul Ficker. The ICO found the dead animals in a characteristic “ring of death” that occurs around poisonings, with a ring of animals extending around an area of the poisoning, and then out from that area following up the food chain. The animal carcasses were recovered by the ICO and submitted for testing for cause of death.
Each of the several carcasses submitted was found to have been killed by carbofuran, a component of Furadan, a powerful pesticide used in the area that is commonly sold as a concentrate and is regulated by federal law due to its extreme toxicity. The toxicity of concentrated Furadan is such that a single drop can cause death to even large mammals, and it is extremely hazardous to wildlife and humans.
After receiving the report that the animals had been killed by carbofuran, an investigation was launched in 2009 to determine who had misused the chemical. Investigators ultimately determined that Jochem, who was a licensed applicator of Furadan, had illegally provided some of the concentrated pesticide to Paul Ficker, who then used it to kill wildlife that was interfering with his corn crop. Ficker was convicted for the illegal use of an acutely toxic pesticide and for making false statements earlier this year, and sentenced to a two year term of probation and a $10,000 fine.
As the investigation continued, investigators further discovered that Ficker had provided some of the Furadan concentrate to John Rudolph, who used the concentrate to kill pest animals on his property. John Rudolph then provided some Furadan to his brother, David Rudolph, who did the same on his property.
In distinguishing Jochem’s sentence of six months probation—in addition to the $5000 fines both he and the Rudolphs were ordered to pay—Magistrate Judge Hussmann noted that Jochem had a special duty as a licensed and certified applicator of pesticides to ensure that such dangerous materials were not misused.
“The misuse of dangerous, acutely toxic chemicals is threat both to wildlife and to those citizens who may be exposed,” said A. Brant Cook, the Assistant US Attorney who prosecuted the cases. “It is critically important that such hazardous materials be tightly controlled and accounted for.”
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Trivia Question of the Week
Nurdle pollution is becoming a problem in coastal waterways, harming fish, birds, and other sea life. What are nurdles?
a. Pre-production plastic pellets
b. Organic waste from an overabundance of turtles, sea birds, and sea mammals
c. Invasive species discharged from Asian freighters
d. Droplets of oil that congeal on grain-sized pieces of plastic and other debris not trapped by wastewater treatment facilities
