The changes in the hazardous materials regulations became effective immediately. However, compliance with the rule is not required until January 1, 2016. Significant changes in the HMR include:
- Updated references to international regulations including the ICAO Technical Instructions, the IMDG Code, the UN Model Regulations, the UN Manual of Tests and Criteria the Canadian Transportation of Dangerous Goods Regulations and various technical standards
- New, revised, and deleted proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, and passenger and cargo aircraft maximum quantity limits from the Hazardous Materials Table (HMT)
- Adoption of an exception from the HMR for marine pollutants up to 5 L (1.3 gal) for liquids or 5 kg (11 lb) for solids when these materials are packaged in accordance with the general packaging requirements of 49 CFR 173.24 and 173.24a. These exceptions are consistent with the UN Model Regulations, the IMDG Code, and the ICAO TI.
- Changes to the list of marine pollutants in Appendix B to 49 CFR 172.101
- New minimum sizes for the OVERPACK and SALVAGE markings
- Revisions and additions to vessel stowage codes listed in column 10B of the HMT and segregation requirements in 49 CFR176.83 consistent with the IMDG Code
- New entries in the HMR for adsorbed gases, together with authorizing packagings; and safety requirements, quantity limitations, and filling limits
- Harmonizing with the latest version of the ICAO Technical Instructions (TI) to ensure that the information currently authorized by the HMR to be provided by means of an alternative document be included on a shipping paper for batteries transported under the provisions of 49 CFR 173.185(c)(4)(v) equivalent to Section IB of ICAO TI Packing Instructions 965 and 968. PHMSA is also harmonizing with the latest version of the ICAO TI by requiring a “CARGO AIRCRAFT ONLY” label on packages containing small lithium metal batteries not packed in or with equipment.
- Amendments to the definition of non-bulk packaging by adding a new paragraph (4) to include bags and boxes conforming to the applicable requirements for specification packagings in subpart L of part 178 of this subchapter, if they have a maximum net mass of 400 kg (882 lb) or less.
Learn DOT’s New Rules for Lithium Battery Shipments
- 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.
Columbia RCRA and DOT Training
Cary HAZWOPER 8-Hour Refresher and DOT/IATA Training
Indianapolis RCRA, DOT, and IATA/IMO Training
EPA Proposes Significant New Use Rule for Toluene Diisocyanates
EPA is taking action to protect consumers from new uses and imports of the harmful chemicals Toluene Diisocyanates (TDI). These chemicals are currently widely used in residual amounts in the production of polyurethanes and consumer products, such as coatings, elastomers, adhesives, and sealants and can be found in products used in and around homes or schools. Diisocyanates are well known dermal and inhalation sensitizers in the workplace and can cause asthma, lung damage, and in severe cases, death.
The proposed decision would give EPA the opportunity to evaluate the use of, and if necessary, to take action to prohibit or limit all products containing over 0.1% of the chemical including imported products that make their way into the US.
EPA would then have the opportunity to evaluate the intended use of the chemicals and, if necessary, take action to prohibit or limit the activity.
EPA Revised Chlorpyrifos Assessment Shows Risk to Workers
This assessment shows some risks to workers who mix, load, and apply chlorpyrifos pesticide products. When used in large amounts, chlorpyrifos has the potential to pose risks in limited geographic areas when drinking water from small watersheds. There were no additional risks from pesticide exposures in food or exposures to bystanders and workers from airborne chlorpyrifos. The latest USDA pesticide residue data show no concerns for chlorpyrifos in food, with the pesticide detected in less than 1% of samples.
The agency will now begin work on measures to reduce these risks.
In 2000, EPA banned household uses of chlorpyrifos, with the exception of ant and roach bait in child-resistant packaging. Between 2000 and 2002 EPA cancelled the use of chlorpyrifos on tomatoes and restricted use on crops including apples, citrus, and tree nuts. In 2012, EPA imposed “no-spray” buffer zones around public spaces, including recreational areas and homes, and significantly lowered pesticide application rates.
The assessment updates the June 2011 preliminary human health risk assessment based on new information received, including public comments. EPA factored in exposures from multiple sources including from the exposures from food and water, from inhaling the pesticide and through the skin. EPA considered all populations including infants, children, and women of child-bearing age. EPA incorporated information from a 2012 assessment of spray drift exposure and as well as new restrictions put into place to limit spray drift.
EPA is also assessing the ecological risks from chlorpyrifos in conjunction with the agency’s Endangered Species Protection Program; Results are expected later in 2015.
The public comment period will be open for 60 days, beginning the day of publication in the Federal Register.
Reuse of Spent Foundry Sands Yields Environmental Benefits
The EPA, in conjunction with the US Department of Agriculture (USDA) and the Ohio State University, recently released a risk assessment concluding that silica-based spent foundry sands from iron, steel, and aluminum foundries, when used in certain soil-related applications, are protective of human health and the environment, and yield environmental benefits.
“There is potential for substantial growth in the recycling of silica-based spent foundry sands,” said Mathy Stanislaus, assistant administrator for EPA’s Office of Solid Waste and Emergency Response. “Our risk assessment concludes that the evaluated reuses are environmentally appropriate. Advancing the environmentally sound, beneficial use of industrial materials, such as spent foundry sands, provides substantial opportunities for addressing climate change and air quality, enhancing state, tribal and local partnerships, reducing costs, and working toward a sustainable future.”
Based on the results of the assessment, the EPA and the USDA support the beneficial use of silica-based spent foundry sands in manufactured soils, soil-less potting media, and as a foundation layer in road construction. EPA’s risk assessment of the evaluated uses concluded that they are environmentally appropriate because the constituent concentrations in the sands are below the agency’s health and environmental benchmarks.
EPA estimates the environmental benefits from using silica-based spent foundry sands in the specific applications studied, at the current use rate, results in the following savings in one year:
- The energy savings equivalent to the annual electricity consumption of 800 homes
- CO2 emissions reductions equivalent to removing 840 cars from the road
- Water savings of 7.8 million gallons
Foundries purchase virgin sand to create metal casting molds and cores. The sand is reused numerous times within the foundry operation itself. However, over time the sands become unusable and are referred to as spent foundry sands. The spent foundry sands are then reused in a number of ways, including as an ingredient in potting soil and as a foundation layer in roadway construction.
Spent foundry sands from leaded and non-leaded brass and bronze foundries, and spent foundry sands containing olivine sand, are not included in this assessment.
EPA is encouraging foundries and foundry sand recyclers to consult state regulations to ensure planned uses are consistent with state beneficial use and waste management programs and that the chemical and physical properties of the sand meet applicable state environmental limits, engineering performance criteria, and other state requirements. This report provides states, tribes, and other interested parties with key information to support their foundry sand beneficial use decisions.
New York State DOH Releases Fracking Report
DOT Updates Technical Standards in Pipeline Regulations
The DOT’s Pipeline and Hazardous Materials Safety Administration is amending the Federal pipeline safety regulations to incorporate by reference new, updated, or reaffirmed editions of the voluntary consensus standards that are applicable to pipelines subject to the requirements of the Federal pipeline safety regulations. This final rule also makes non-substantive editorial corrections clarifying regulatory language in certain provisions. These changes are minor and do not require pipeline operators to undertake any significant new pipeline safety initiatives.
EPA Publishes Technical Support for States to Develop Site-Specific Recreational Water Quality Criteria
As follow up to EPA’s 2012 national recommended criteria for recreational water bodies, the agency has published an overview document and the first of three technical support documents that will help states develop alternative recreational water quality criteria. These documents take into account site-specific factors and incorporate the new and evolving science of microbial measurement. EPA plans to publish two more technical support documents in 2015.
EPA Recommends Radon Testing in January
Radon is a colorless, odorless, tasteless gas, so testing is the only way to know if radon is present in your home or school. Test kits are available in home improvement centers, hardware stores, and online. They cost approximately $20. The kits are simple to use with easy testing and mailing instructions.
“Testing for radon is an easy and important step in protecting the health of your family,” said EPA Mid-Atlantic Region Administrator Shawn M. Garvin. “By reducing radon exposure, we can make our homes, schools and communities healthier places to live, learn, work and play.”
Winter is an especially good time to test because windows and doors are closed and families tend to spend more time inside where radon can be trapped.
Buying or building a new home? EPA recommends including radon testing as part of any real estate transactions and consider having your newly constructed home built with radon resistant features.
Unsafe levels of radon can lead to serious illness. The Surgeon General has warned that radon is the second leading cause of lung cancer in the United States with an estimated 21,000 deaths a year. Only smoking causes more lung cancer deaths. By making simple fixes in a home or building people can lower their health risks from radon.
The mid-Atlantic region had a reminder earlier this year about just how important it is to get homes tested for radon when a home in Lehigh County, Pennsylvania, recorded the highest radon level ever in Pennsylvania. The concentration measured was 3,715 picocuries per liter (pCi/L). Several other homes in the area have had measured concentrations over 1,000 pCi/L. EPA recommends that any dwelling or structure with a radon concentration of more than 4 pCi/L be remediated to lower the radon concentration.
EPA Publishes Microbial Risk Assessment Framework for Waterborne Pathogens
The document describes a human health risk assessment framework for microbial hazards in water media—pathogens in treated drinking water, source water for drinking water, recreational waters, shellfish waters, and biosolids—that is compatible with other existing risk assessment frameworks for human health and chemical hazards. Risk assessment is a science-based tool and is used to help managers explore the relative merits of various management alternatives, identify important gaps in knowledge, and inform regulatory actions.
Safeway Stores to Pay $9.87 Million Settlement for Environmental Violations
California’s Yolo County District Attorney Jeff Reisig together with 41 other California District Attorneys and two City Attorneys announced recently that Alameda County Superior Court Judge Wynne S. Carvill has approved a Stipulated Final Judgment and Permanent Injunction against Pleasanton-based Safeway, Inc. The settlement resolves allegations that more than 500 Safeway stores and distribution centers, including its other brands, Vons, Pavilions, and Pak ‘n Save, violated California laws for the safe storage, handling, and disposal of hazardous and pharmaceutical waste generated from spills and customer returns of hazardous products.
The investigation into Safeway’s practices began after discovery of improper shipments of hazardous and pharmaceutical waste to Safeway’s distribution centers from their stores. The investigation revealed that Safeway was also routinely and systematically sending hazardous and pharmaceutical wastes to local area landfills not equipped to receive such waste. Upon being notified by prosecutors of the widespread issues, Safeway worked cooperatively to remedy the issue, enhance its environmental compliance program and train its employees to properly handle such waste.
Pursuant to the terms of the Final Judgment and Permanent Injunction, California Safeway stores have adopted new policies and procedures designed to eliminate the improper disposal of retail hazardous waste products and pharmaceutical waste into store trash bins for eventual disposal into local landfills. In addition, the corporation must pay $9.87 million in civil penalties, costs and supplemental environmental projects. Under the terms of the settlement, Safeway must also continue its First Assistant Store Manager Program designed to address environmental compliance at the store level and conduct annual store audits.
District Attorney Reisig stated: “The collaboration of the Yolo County District Attorney’s Office, the California Department of Toxic Substance Control, local Environmental Health Departments and other prosecutorial agencies is essential in matters such as these that affect the quality of life for our local citizens and those throughout California. Ultimately, our common goal is to ensure that environmental laws are complied with by all so that the best of California is preserved for future generations.”
EPA Fines Gly-Tek, Inc. $25,000 for Delayed Sulfuric Acid Spill Reporting
The violations occurred following a 24,700 pound release of a 50% sulfuric acid solution at their facility. The settlement includes a $25,000 penalty.
EPA documents associated with the case allege that Gly-Tek, Inc., took nearly two hours to report the spill to the Local Emergency Response Committee (LEPC), and neglected to call both the State Emergency Response Commission (SERC) and National Response Center (NRC). Companies that release more than 1000 lb of sulfuric acid are required by law to notify all three authorities within 15 minutes.
“Notification is critical in protecting facility workers, first responders and the community,” said Kelly McFadden, Manager of EPA’s Pesticides and Toxics unit in Seattle. “If your facility suffers a spill or serious accident involving reportable quantities of chemicals, by law, local, state and federal authorities must be immediately given important information about the size and scope of the spill. Prompt emergency response can save lives and emergency response is triggered by notification.”
Gly-Tek, Inc., manufactures polyglycerol esters for the food industry. Polyglycerol esters are non-ionic surfactants that are used in commercial food preparation in many countries, including the US. In addition to stabilizing emulsions, foams, and dispersions, polyglycerol esters can act as aerating agents, dough strengtheners, rheology modifiers, crystal modifiers, anti-spattering agents, beverage clouding agents, humectants, solubilizers, or fat substitutes.
Leighow Oil Co. Inc. More than $63,000 for Multiple Storage Tank Spills
The Department of Environmental Protection (DEP) recently announced it has fined Leighow Oil Co., Inc., of Danville $63,351 for Clean Streams Law and storage tank violations that were first discovered in December 2013 at two of its facilities in Mahoning and Valley townships.
“These spills caused environmental degradation to a wetland and two creeks and could have been prevented if Leighow had properly maintained and monitored its facilities,” DEP North-central Regional Director Marcus Kohl said. “The department has seen improvement recently and expects that Leighow will do a much better job of operation and maintenance in the future to prevent any similar problems.”
The first spill at Leighow’s Food Shop 1 facility was discovered by the department’s Emergency Response program in early December 2013 following receipt of a citizen complaint about oil in Mauses Creek near the McDonald’s Restaurant in Valley Township.
The department’s investigation determined that gasoline and diesel fuel tanks had apparently been overfilled numerous times in September and November, and that a cap was not properly secured to one of the tank’s riser pipes.
A notice of violation was sent by DEP to the company on December 9 notifying Leighow to immediately implement remedial actions to abate the discharge of diesel fuel and weathered petroleum product into Mauses Creek and its unnamed tributary.
Remedial actions taken by Leighow’s contractor included the installation of groundwater monitoring and recovery wells, geoprobe soil borings, and operation of a surface water oil skimmer and a groundwater treatment system.
In addition, the contractor removed 48,417 gallons of water and fuel oil from Mauses Creek and its tributary over a three month period using a vacuum truck.
The second spill was discovered on December 22, 2013, following notification from the Montour County Emergency Management Agency concerning a release of heating oil from an above ground storage tank at Leighow’s storage facility in Mahoning Township.
The department’s investigation found that an overfill device on the tank malfunctioned during a night-time delivery, and a drain plug had been left open in the emergency containment structure surrounding the tank. This caused an undetermined amount of heating oil to flow through an oil/water separator and into a stormwater drainage ditch, a wetland and Mahoning Creek.
Department inspections documented a visible petroleum sheen on a spring/seep located down gradient of the containment structure, and a notice of violation was sent to the company on January 9, 2014.
Leighow’s environmental contractor excavated contaminated soil and debris, and placed petroleum absorbent booms and pads at the oil/water separator and the drainage ditch.
Leighow has since corrected all of the violations cited at the Food Shop 1 facility. The company has voluntarily taken the above ground storage tank facility out of service since the incident because of additional upgrade requirements.
Pipeline Corrosion Monitor Pleads Guilty to Pipeline Safety Violations and False Statements
Randy Jones, 44, a former corrosion coordinator for Shell Pipeline Company L.P. (Shell), pleaded guilty in Milwaukee recently to failing to conduct bi-monthly voltage readings and an annual survey of a pipeline used to transport jet fuel in violation of the Pipeline Safety Act (PSA) and making a false statement to the Pipeline and Hazardous Material Safety Administration (PHMSA).
Jones, a resident of Louisiana, pleaded guilty to knowingly failing to conduct required safety test between January and December 2011 and submitting false data to PHMSA. The violations were in connection with a pipeline owned by Shell that delivered commercial aviation jet fuel to General Mitchell International Airport in Milwaukee, Wisconsin. In January 2012 a hole was discovered in the pipeline at Mitchell Airport after jet fuel began showing up in soil surrounding the airport and in nearby Wilson Creek. Fuel eventually reached and melted asphalt on airport property. Shell reported that approximately 9,000 gallons of jet fuel was released. The response and cleanup cost for the spill was approximately $19.3 million.
Jones was employed by Shell from 1992 through 2012. From 2010 until 2012, Jones was employed as a corrosion coordinator and was responsible for Shell pipelines servicing Mitchell and Chicago O’Hare airports. Jones failed to conduct the required testing for 2011 and when advised of an audit by PHMSA scheduled for December 2011, he submitted false data indicating the required test had been conducted.
Consistent with requirements of the PSA, which establishes standards for the safe operation of the hazardous materials in pipelines, buried or submerged metal pipelines must be protected to prevent corrosion. This involves the use of a device called a rectifier, which applies a negative current to soil near the pipeline to keep corrosion away from the pipe. The operator of the pipeline is required to conduct bi-monthly readings of the voltage generated from a rectifier and conduct an annual survey of the pipeline to insure that the pipeline is adequately protected from corrosion. PHMSA is the primary agency responsible for regulating and enforcing the PSA.
An information charging Jones with two counts of violating the PSA and one false statement violation was filed on November 14, 2014. Under the terms of the plea agreement, each offense charged carries a maximum prison sentence of five years. The sentencing is set for April 30, 2015.
Fort Smith Agrees to Upgrade Sewer System to Reduce Discharges of Raw Sewage
EPA, the US Department of Justice and the state of Arkansas announced that the city of Fort Smith, Arkansas, will upgrade its sewer collection and treatment system over the next 12 years to reduce discharges of raw sewage and other pollutants into local waterways. This work is expected to cost $255 million plus the cost of routine operation and maintenance. Under a settlement filed in federal court in the Western District of Arkansas, Fort Smith will also pay a $300,000 civil penalty and spend $400,000 on a program to help low income areas of the city repair and replace privately owned portions of the sewer network.
“This agreement means cleaner water for the residents of Fort Smith by reducing pollution flowing into local waterways,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “EPA works with communities like Fort Smith to develop cost-effective and pragmatic solutions to protect residents from exposure to raw sewage.”
“This settlement will achieve long overdue improvements in the city’s sewer system that will substantially reduce the number of sewage discharges and help assure that the citizens of Fort Smith reside in a safe and clean environment,” said Acting Assistant Attorney General Sam Hirsch for the Justice Department’s Environment and Natural Resource Division.
Since 2004, Fort Smith has had more than 2,000 discharges of untreated sewage from its municipal sewage system, resulting in more than 119 million gallons of raw sewage flowing into local waterways, including the Arkansas River. These types of discharges, known as sanitary system overflows, cause serious water quality and public health problems. Fort Smith also violated limits for discharges of various pollutants from its Massard and P Street wastewater treatment plants numerous times over the last decade.
Many of the manholes and pump stations from which Fort Smith’s sanitary sewage overflows occur are in low income and minority communities.
The city will also repair all sewer pipe segments and manholes that are likely to fail within the next 10 years, develop projects to improve its sewers’ performance and implement a program to clean the system of debris like grease and tree roots, which can exacerbate sewage discharges. Fort Smith will also implement a water monitoring program to determine whether human waste is entering and being discharged from the city’s stormwater system.
The implementation of the consent decree will reduce discharges of 3,492 lb of total suspended solids, 3,343 lb of biological oxygen demand, 543 lb of nitrogen, and 78 lb of phosphorus from the Fort Smith sewage system each year. High levels of these pollutants can reduce oxygen levels in water bodies, which can threaten the health of aquatic plants and animals. Too much nitrogen and phosphorus in the water causes algae to grow faster than ecosystems can handle. Large growths of algae, known as algal blooms, contribute to the creation of hypoxia or “dead zones” in water bodies where oxygen levels are so low that most aquatic life cannot survive.
Sanitary system overflows and backups of raw sewage onto private property poses risk to human health and the environment. Untreated sewage contains organic matter, bacteria, viruses, parasites, toxics, and metals, which may cause illness or even death when humans come into contact with them. Most illnesses that arise from contact with sewage are caused by pathogens, which are biological agents that cause disease or illness in a host. The most common pathogens in sewage are bacteria, parasites, and viruses. They cause a wide variety of acute illnesses including diarrhea and infections.
Keeping raw sewage and contaminated storm water out of the waters of the US is one of EPA’s National Enforcement Initiatives. EPA is working to reduce discharges from sewer overflows by obtaining commitments from cities to implement timely, affordable solutions.
Richard Phillips Marine, Inc. and Clackamas County Resolve Clean Water Act Violation in Sandy River
In 2012, the US Army Corps of Engineers issued a permit authorizing Clackamas County to discharge up to 260 cubic yards of fill material to the Sandy River in a 0.01 acre area as part of a project to repair and relocate the treatment plant’s sewage outfall pipes, which were damaged in a 2011 flood event. The Hoodland Sewage Treatment Plant serves approximately 4,000 residents and businesses in the community of Welches, Oregon located 45 miles east of Portland.
During the outfall repair, the Army Corps of Engineers and Oregon Department of State Lands received calls reporting substantial work occurring in the middle of the Sandy River. An investigation found that the work to repair the outfall had resulted in the discharge of about 950 cubic yards of fill material, well over what state and federal issued permits had authorized, into a 0.05 acre area.
The Sandy River provides valuable habitat for fish listed as threatened under the Endangered Species Act including Chinook and coho salmon and steelhead trout. The river is a focus of state, federal and non-profit work to restore habitat for native salmon and steelhead within the Columbia River Basin.
“Permits act as safeguards for sensitive habitats and animal species while allowing projects to move forward,” said Michael Szerlog, Manager of the Aquatic Resources Unit in the EPA Seattle Office. “In this case, permit conditions were not followed and the result was a fish kill in valuable habitat.”
Clackamas County worked with the Army Corps of Engineers and National Oceanic and Atmospheric Administration Fisheries to obtain appropriate permitting and Endangered Species Act consultation after the fact. In addition, the county has agreed to complete a mitigation project that will restore important rearing habitat for federally protected juvenile salmon and steelhead in the Sandy River Basin.
As part of the agreement, Richard Phillips Marine, Inc. agreed to a $20,000 fine and Clackamas County agreed to a $10,000 fine.
EPA, ADEC Continue Diesel Spill Cleanup in Creek after Company Fails to Complete Contamination Removal
EPA and Alaska Department of Environmental Conservation are mobilized to remove 4,400 gallons of low-sulfur diesel from a creek that flows into the Tiekel River after an oil tanker truck slid off the Richardson Highway 48 miles northeast of Valdez, Alaska, on December 9 and spilled the fuel it was transporting. The fuel went into a creek that flows into the Tiekel River, which in turn flows into the world-renowned Copper River. The rivers provide habitat for several salmon and trout species. EPA is working with ADEC under Unified Command to complete the cleanup.
Alaska Petroleum Distributing, Inc., the North Pole-based owner and operator of the truck, mobilized a crew and began cleanup of the spill under the supervision of ADEC. By December 22, the company had used most of its $1 million insurance coverage and claimed it was financially unable to continue cleanup. The company failed to comply with an EPA order to complete the work, at which point EPA began mobilizing cleanup crews.
The truck was on its way to the North Slope to supply diesel fuel for petroleum industry drilling operations.
The diesel remains in the snow-covered, frozen creek. EPA contractors are mobilized for earthmoving to remove the diesel, transportation and disposal of contaminated material and careful creek bed restoration. To date, 650 cubic yards of contaminated material have been removed. Cleanup and site restoration will take 7-10 days.
“Companies that transport large amounts of fuel regularly should have cleanup plans and adequate funds ready in case of emergencies,” said Bob Whittier, the EPA On-Scene Coordinator. “When spills happen in challenging weather conditions, cleanups can be costly and extremely difficult. If companies can’t handle spills in creeks and rivers, we have to move quickly and use taxpayer dollars for cleanup because the longer we wait, the more risk to the fish and habitat.”
DuPont Fined for Air Pollution at Deepwater, New Jersey Plant
The EPA fined DuPont for improper maintenance and repair of two large refrigeration units. When properly maintained, the systems are designed to minimize chlorofluorocarbons (CFCs) from leaking into the environment. CFCs damage the ozone layer, which shields the earth from harmful radiation that contributes to increased skin cancer.
“CFCs deplete the ozone layer and this destruction has been clearly linked to an increase in people getting skin cancer,” said Judith A. Enck, EPA Regional Administrator. “As the ozone gets thinner, more harmful ultraviolet rays reach the Earth’s surface and put people’s health at risk.”
The 1,455-acre DuPont Chambers Works Complex is located along the eastern shore of the Delaware River in Deepwater, New Jersey. The site began industrial activities in 1892. Since then, manufacturing of dyes, freon, tetraethyl lead, and chemicals took place at the site. The two large refrigeration units have a capacity of 3,000 lb of CFCs and are used in the company’s chemical manufacturing process.
In addition to paying $531,000, DuPont corrected the problems in its leak detection program and will comply with reporting requirements, as the law requires.
The proposed settlement was lodged with the United States District Court for the State of New Jersey, and is subject to a 30-day public comment period.
Dynamic Porch and Patio Fined for Violating Renovation, Repair, and Painting Rule
Dynamic Porch & Patio builds and installs insulated roofs, add-ons, pergolas, decks, and replaces siding. The company has agreed to pay a $5,559 civil penalty to settle allegations that it violated the RRP Rule.
According to an administrative consent agreement and final order filed by EPA Region 7 in Lenexa, Kansas, the random inspection revealed that Dynamic Porch & Patio failed to obtain initial firm certification, failed to provide the Renovate Right pamphlet to the owner of the residence, and failed to retain records for three years regarding compliance with lead-safe work practices.
The RRP Rule requires that contractors that work on pre-1978 dwellings and child-occupied facilities are trained and certified to use lead-safe work practices. This ensures that common renovation and repair activities like sanding, cutting, and replacing windows minimize the creation and dispersion of dangerous lead dust. EPA finalized the RRP Rule in 2008 and the rule took effect on April 22, 2010.
This enforcement action addresses RRP Rule violations that could result in harm to human health. Lead exposure can cause a range of adverse health effects, from behavioral disorders and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing. Today, at least 4 million households have children living in them that are being exposed to high levels of lead. There are approximately half a million US children ages 1-5 with blood lead levels above 5 micrograms per deciliter (µg/dL), the reference level at which the Centers for Disease Control recommends public health actions be initiated.
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Trivia Question of the Week
How long does it take carbon dioxide in the atmosphere to disperse?
a) 1 year
b) 10 years
c) 100 years
d) 1,000 years
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