The California Department of Toxic Substances Control (DTSC) has ordered a hazardous waste facility operator in Rancho Cordova to immediately cease consolidating hazardous waste after two fires and an explosion occurred during consolidation operations in the last two years.
The order prohibits General Environmental Management (GEM), LLC, doing business as PSC Environmental Services, LLC, from consolidating hazardous waste at its 11855 White Rock Road facility in Rancho Cordova until new procedures and training are put into place. The facility accepts containerized hazardous waste, consolidates it into fewer containers, and ships the consolidated hazardous waste to other hazardous waste facilities for disposal.
“In spite of past assurances from the facility that it has the practices and procedures in place to prevent these kinds of incidents, the third event has led DTSC to compel the facility to cease operations until such time they can demonstrate it can be operated in a safe manner,” said Brian Johnson, Deputy Director of Hazardous Waste Management Program.
Consolidation activities will be prohibited until DTSC is satisfied that new procedures for identifying and mixing incompatible wastes and related staff training are in place to prevent fires, explosions and other accidents that could potentially release hazardous waste to the environment. Issuance of the order does not prevent DTSC from taking further enforcement actions for the violations of its hazardous waste requirements related to the fires or explosion.
The most recent was March 3, 2013, when a passerby spotted flames coming from a bin that contained consolidated hazardous waste solids and trash and called the fire department.
Firefighters responded and extinguished the blaze. Security camera footage revealed the fire had been smoldering for about five hours. GEM deemed a chemical reaction from mixing incompatible wastes on February 28 to be the likely cause of the fire.
In 2010, DTSC fined GEM $600,000 for violations that included storing acids, solvents and other toxic waste outside the facility and exceeding its waste quantity limit; storing waste in unauthorized areas; and not taking proper precautions such as a required secondary containment.
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How to Implement OSHA’s Globally Harmonized Hazard Communication Standard (GHS)
OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, material safety data sheet (now called “safety data sheet” or SDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on SDSs.
Environmental Resource Center is offering live online training for you to learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented.
Tyson Foods to Pay Almost $4 Million to Settle Multiple Releases of Anhydrous Ammonia and RMP Violations
“This settlement will protect workers at Tyson facilities throughout Kansas, Iowa, Missouri, and Nebraska that use anhydrous ammonia, and make the communities surrounding these 23 facilities safer. It will also provide emergency response equipment for first responders to chemical releases,” said Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “The requirements of this agreement, which include comprehensive third party audits, will help mitigate the impact of releases of anhydrous ammonia by ensuring compliance with the Risk Management Program under the Clean Air Act.”
“Exposure to anhydrous ammonia can cause serious health issues, and in extreme cases, even death,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement with Tyson Foods will ensure the proper safety practices are in place in the future to protect employees, first responders, and communities located near processing facilities from the threat of dangerous chemical releases.”
Under the terms of the consent decree, Tyson is required to conduct third-party audits of its current compliance with the CAA’s Risk Management Program requirements at all 23 facilities in Kansas, Iowa, Missouri, and Nebraska. The third-party auditors must have expertise in ammonia refrigeration systems, be recognized experts in risk management program compliance and be approved by EPA. Tyson must correct any violations discovered in the audits and certify the completion of the work. Tyson has also agreed to test certain piping used in its refrigeration systems at the 23 facilities to identify any problems that may have led to accidental releases and to replace any non-compliant piping.
Under the consent decree, Tyson will pay a $3.95 million penalty. Tyson has also agreed to implement a supplemental environmental project to purchase $300,000 worth of emergency response equipment for first responders in communities with significant environmental justice concerns in which Tyson operates facilities. The equipment will assist responses to emergencies involving chemicals that are regulated pursuant to the CAA Risk Management Program, including anhydrous ammonia.
Anhydrous ammonia is a poisonous gas and considered an extremely hazardous substance under the CAA. Exposure to vapors can cause temporary blindness and eye damage, as well as irritation of the skin, mouth, throat, respiratory tract and mucous membranes. Prolonged exposure to anhydrous ammonia vapor at high concentrations can lead to serious lung damage and even death.
The Clean Air Act’s Risk Management Program requires owners and operators of facilities that exceed a threshold quantity of a regulated substance, such as anhydrous ammonia, to develop and implement a risk management plan that must be submitted to EPA. The 23 Tyson facilities named in the consent decree are subject to the regulations because the refrigeration systems at the facilities each contain more than 10,000 lb of anhydrous ammonia. The facilities have a combined inventory of more than 1.7 million lb of anhydrous ammonia.
Tyson Foods, Inc., is headquartered in Springdale, Arkansas, and is the world’s largest processor and marketer of chicken, beef, and pork. The proposed settlement lodged in the US District Court for the Eastern District of Missouri, is subject to a 30-day public comment period and final court approval.
New Partnership to Offset UN Carbon Emissions and Support Sustainable Development
A wind farm in India and a waste management project in Colombia are set to benefit from a new to offset the carbon emissions of the United Nations Environment Programme (UNEP) and the United Nations Office for Project Services (UNOPS).
Ever since the UN Secretary-General first announced a directive for UN agencies to move toward climate neutrality in 2007, the organization has been measuring its greenhouse gas (GHG) emissions and identifying opportunities to reduce them.
UNEP, which has been climate neutral since 2008, recently requested UNOPS, an operational and central procurement arm of the UN, to buy 50,000 certificates of emission reduction (CERs), to cover UNEP’s emissions for 2010-2013.
As part of its own emission-reduction plan, UNOPS decided to purchase additional offsets and added almost 14,000 certificates to the order, one for every ton of GHGs emitted by its global activities in 2011.
Combining the procurement volumes allowed the two organizations to buy the certificates from Swiss company First Climate at a reduced price. As a result, the emissions from both organizations were offset in a landfill gas management project in Colombia, while UNEP also contributed to the installation of a 15 megawatt wind farm in Tamil Nadu, India.
“It is important for UN agencies to practice what they preach, both internally and in our programmes,” said Shoa Ehsani, Climate Neutral Officer at UNEP. “Apart from setting an example for others, we want to support the Kyoto Protocol and contribute to global efforts to mitigate climate change.”
UNOPS is currently calculating its 2012 emissions before buying the next round of certificates. The two organizations are two of only a small number of UN bodies to offset their global climate footprint.
“This historic purchase means that UNOPS is now completely climate neutral for 2011,” said Therese Ballard, Director of UNOPS Sustainable Procurement Delivery Practice. “While UNOPS is also looking at ways to further reduce the volume of emissions that come from its daily operations, this move to offset its 2011 GHGs will greatly benefit communities in Colombia for years to come and helps us continue to drive forward the sustainability agenda.”
The project in Colombia includes the installation of a controlled methane capture and flaring system at the Curva de Rodas and La Pradera landfills to help reduce GHG emissions.
The additional sustainable development benefits will include improved sanitary conditions and quality of life in surrounding communities, as well as a decrease in the risk of landslides due to reduced internal pressure in the landfill.
Jobs will also be created through the use of local suppliers and contractors, while a share of the certificate proceeds will be funneled into research at the University of Antioquia. Benefits of the wind generation scheme in India include the creation of jobs, improvements to the surrounding road network, increased availability of electricity, and a reduction in waste production.
The joint procurement exercise reflects a growing partnership between UNEP and UNOPS, particularly in the area of sustainable procurement in the UN. The two bodies recently signed a memorandum of understanding to strengthen their collaboration.
UNOPS and UNEP have developed guides and conducted training programmes on sustainable procurement, alongside the International Labour Organization (ILO), the ILO’s International Training Centre and other partners. A key output has been the Buying for a Better World sustainable procurement guide and several product-specific guidelines. The guide has now been turned into a free online training course on sustainable procurement.
World Health Day: Climate and Clean Air Coalition Targets Indoor and Outdoor Air Pollution
“The estimations we have now tell us there are 3.5 million premature deaths every year caused by household air pollution, and 3.3 million deaths every year caused by outdoor air pollution.”
Indoor air pollution alone is the leading risk factor for burden of disease (years of life lost combined with years lived at less than full health) in South Asia. It is ranked second in Eastern, Central and Western Sub-Saharan Africa, and third in South East Asia.
Ground-level ozone pollution is estimated to cause an additional 200 thousand premature deaths annually.
The CCAC, whose partners include some of the world’s leading governments and advocates for a healthier environment, targets so-called short-lived climate pollutants, or SLCPs, as major culprits in the damage to health, as well as crop loss and climate change, caused by air pollution.
SLCPs that are particularly harmful to human health are released through sources ranging from diesel engine exhaust, to smoke and soot from inefficient cook stoves and traditional brick production, to leakage and flaring from oil and natural gas production, to emissions from solid waste disposal.
Fast action on SLCPs, which the CCAC believes is possible through existing technologies and national policies, has the potential to reduce dramatically the number of deaths each year from air pollution.
The CCAC has launched several initiatives to combat SLCPs. With an estimated 19 per cent of global black carbon emissions worldwide coming from the transportation sector, and with a relatively large share coming from diesel vehicles, efforts to lower black carbon emissions from heavy-duty vehicles and engines are receiving particularly strong attention from the Coalition.
Efforts to reduce pollution from transportation include pushing for widespread reduction of the sulfur content in fuels. A World Bank study shows that, when combined with cleaner vehicles, adoption of low-sulfur fuel would result in annual savings in health costs of US$6 billion in Sub-Saharan Africa alone.
Efforts to lower black carbon emissions also include creation of a public-private collaboration called the Green Goods Movement Supply Chain Partnerships, which aims to accelerate the adoption of emission-reducing and fuel-saving technologies. The CCAC is also working with city governments and stakeholders to implement so-called City Action Plans to reduce diesel emissions in urban areas.
The CCAC has launched efforts to reduce black carbon and other pollutants from brick production through adoption of modern technologies, which can lower pollutant emissions between 10 and 50 per cent.
A major source of indoor air pollution is smoke from cook stoves, which emits carbon monoxide and other pollutants at levels up to 100 times higher than the recommended limits set by WHO. The government of Bangladesh, a CCAC founding partner, recently announced a major initiative to increase the distribution of clean cook stoves in the country.
The Climate and Clean Air Coalition to Reduce Short Lived Climate Pollutants is a partnership of governments, intergovernmental organizations, the private sector, the environmental community, and other members of civil society. The Coalition is government-led but is highly cooperative and voluntary. Launched by six countries and the UN Environment Programme in February 2012, it now consists of 60 state partners and other key international institutions and organizations.
Air Force Closes Banned Motor Vehicle Waste Wells at Three Alaska Sites
EPA banned the use of motor vehicle waste disposal wells nationwide in 2000 because of the risks they pose to drinking water sources. Under the Safe Drinking Water Act, facilities in Alaska had until 2005 to permanently close this type of well.
“Closing these wells and removing contamination is the only sure way to prevent the harmful fluids in them from reaching Alaska’s drinking water aquifers,” said Peter Contreras, Manager of the Ground Water Unit at EPA’s Seattle office. “There are still banned wells in operation across the state, and we know that some wells have already caused contamination that needs to be cleaned up.”
While these four banned wells were not in drinking water protection areas, many motor vehicle waste disposal wells are located in areas of known underground drinking water sources. There are nearly 400 banned wells EPA is aware of in Alaska that have yet to be closed. EPA is working to identify and close banned wells.
The Air Force closed wells located at the Sparrevohn, Tatalina, and Indian Mountain Long Range Radar Sites. The wells were in remote areas and did not pose an immediate threat to ground water drinking sources.
Such fluids can contain heavy metals and petroleum products, which pose a risk to human health and the environment.
In addition to closing the wells, the US Air Force agreed to pay $45,000 as part of a separate settlement with EPA to resolve the violations.
EPA Issues Clean Water Act Permit for Small Suction Dredge Miners in Idaho
Small-scale suction dredge miners may begin applying for a new federal water discharge permit to lawfully operate their dredges in Idaho’s rivers lakes and streams. Mining for gold using small suction dredges is a popular activity in Idaho with hundreds of dredges in use, especially during the summer. Small-scale suction dredge miners (using intake nozzles of five inches in diameter or less and engines rated at 15 horsepower or less) will need to apply for coverage under the new Clean Water Act general permit. Larger suction dredges are not covered by this general permit and need to be authorized under a separate individual permit. There is no fee to apply for the EPA General Permit.
According to Dan Opalski, Director of EPA’s Water Office in Seattle, the new general permit protects water quality and the people, fish and wildlife that depend on clean water.
“Miners can help protect water quality by applying for the permit, understanding the limits and following the ‘best practices’ for small suction dredge operations,” said EPA’s Opalski. “Many waters in Idaho are already closed, due to existing state and other federal designations. This general permit protects additional waters, including those with threatened and endangered salmon, steelhead, white sturgeon and bull trout, as well as waters within Tribal Reservations.”
To legally operate small suction dredges in Idaho, miners must apply to EPA to be covered by the EPA General Permit, as well as check with the Idaho Department of Water Resources or other state or federal authority for any additional permits that may be required.
The EPA General Permit also contains:
- Special conditions
- Required best practices for dredging equipment operations
- Areas that are open to small suction dredge mining
- Monitoring and reporting requirements
Oregon Fuel Companies Fined for Federal Oil Spill Prevention and Response Violations
Tyree Oil, Inc., Carson Oil, Co., and Ferrell’s Fuel Network will pay fines and invest in facility upgrades for violating federal oil spill prevention and response rules at their Oregon facilities, according to separate settlements with the EPA. EPA inspections of each facility from 2007 and 2011 found multiple violations of federal spill prevention rules and spill response requirements under the Clean Water Act, intended to protect people and the environment.
"Companies storing large amounts of fuel must be prepared to prevent and respond to fuel spills to protect people’s health and the environment," said Jeff KenKnight, manager of EPA Region 10 wastewater permits compliance unit. “With strong spill prevention and response plans in place, accidental fuel spills are far less likely to occur.”
Tyree Oil, Inc., failed to install sufficient containment to prevent and contain fuel spills at its North Bend and Eugene facilities and failed to develop a federal Facility Response Plan at its North Bend facility. Tyree also spilled nearly 300 gallons of diesel fuel at its Eugene facility, some of which reached the Willamette River. Tyree will pay a $27,920 federal fine, a $2,080 state fine, and complete $200,000 in secondary containment system upgrades to their transload facility in Eugene.
Carson Oil, Co., failed to install sufficient containment to prevent and contain fuel spills at its North Bend facility. Carson also spilled 29 gallons of diesel fuel, some of which reached Coos Bay. Carson will pay a $29,843 federal fine and complete $35,000 in stormwater control upgrades to their facility.
Ferrell’s Fuel Network failed to install sufficient containment to prevent and contain fuel spills at its facility in Klamath Falls. Ferrell’s will pay a $28,200 federal fine.
Facilities with more than 1,320 gallons of aboveground fuel storage capacity must have plans to prevent and contain spills, such as installing secondary containment around fuel storage tanks and transfer areas.
Facilities are also required by federal law to minimize environmental damage if oil spills do occur.To safely respond to a spill, a facility must have adequate employee training, spill response equipment, and a contingency plan for containing and cleaning up a release.
Collis, Inc. to Pay $31,379 Civil Penalty for Hazardous Waste Violations in Clinton, Iowa
In addition to paying the civil penalty, the company will spend a minimum of $91,809 to replace high-mercury fluorescent fixtures with low-mercury fixtures and bulbs, and complete a project to reduce the generation of hazardous solvent waste as part of a Supplemental Environmental Project.
According to an administrative complaint filed by EPA Region 7 in Lenexa, Kansas, EPA representatives conducted a compliance evaluation inspection at the company’s Clinton, Iowa, facility in June 2010, and noted several RCRA violations. RCRA regulates the storage, handling, and labeling of hazardous waste.
“The penalty and injunctive relief required by this agreement remind not just Collis, but all businesses subject to RCRA, that fulfilling environmental-protection duties is part of their job,” EPA Region 7 Administrator Karl Brooks said. “The Supplemental Environmental Project is another element of the case that will help to further protect human health and the environment for the people of Clinton.”
The violations at Collis included failure to perform a hazardous waste determination, storage of hazardous waste without a RCRA permit, and failure to manage used oil and universal waste in accordance with applicable regulations. Collis is still addressing requirements from a RCRA Corrective Action Order filed by EPA in 1993.
By agreeing to the settlement with EPA, Collis, Inc., has certified that it is now in compliance with all requirements of the RCRA regulations.
EPA Settles with Hydrofarm, Inc. for Selling Unregistered Pesticides
As part of the settlement, the Petaluma, California-based Hydrofarm, Inc., one of the nation’s largest distributors of agricultural and hydroponic supplies, has agreed to pay $316,000 in fines and has stopped selling both products.
“This action is part of EPA’s effort to protect agricultural employees and consumers from pesticide products that are not approved by the federal government,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “It is critical that companies selling pesticides provide users with the information they need to safeguard their health and the environment.”
Hydrofarm sold sulfur to control mildew through vaporization in greenhouses without any instructions or precautionary language to minimize risks to individuals from exposure to the product. EPA has not yet evaluated the human health risks associated with the use of vaporized sulfur in greenhouses.
The company also sold “Nutralife Plant Products H2O2”—a 2% hydrogen peroxide product used to sanitize and disinfect hydroponic equipment and growing areas—without adequate directions for use and safety precautions. Registered products with similar hydrogen peroxide concentrations require users to wear protective clothing. Hydrogen peroxide at this concentration can cause irreversible eye damage and skin burns, and may be fatal if inhaled and harmful if swallowed or absorbed through the skin.
The inspection at Hydrofarm was conducted by EPA staff. Hydrofarm was targeted based on a tip resulting from a California Department of Pesticide Regulation inspection at a separate hydroponic store.
Before selling or distributing any pesticide in the United States, companies must register the pesticide with the EPA.
Portland Oil Re-Refining Company Ordered to Safely Dispose PCB-Contaminated Oil
EPA issued the order to expedite disposal of the PCB waste to protect human health and the environment.
“EPA enforcement helps deter violators, who could otherwise gain an unfair business advantage over their environmentally compliant competitors,” said Kelly McFadden, manager of EPA Region 10 Toxics Compliance and Enforcement. “Our vigorous and fair enforcement helps protect both communities and environmentally safe businesses.”
ORRCO collects and transports used oil to reprocessing facilities that it owns in Klamath Falls, Portland, and Goshen, Oregon and in Spokane, Washington. In 2010, ORRCO collected, transported, stored, and processed more than 150,000 gallons of used oil containing PCBs and hazardous waste in violation of federal requirements. ORRCO continues to store a significant amount of PCB-contaminated oil in storage tanks at its Portland and Klamath Falls facilities.
Under the order, ORRCO will incinerate 150,000 gallons of oil, with more than 2 parts per million PCBs, at an approved incinerator, by October 2016. ORRCO will report all disposal work and provide safe disposal documentation to EPA. If ORRCO fails to comply with the disposal order, the company must pay a $450,000 penalty.
Although no longer produced in the US, PCBs are found in products and materials produced before the 1979 PCB ban including transformers and other electrical equipment and oil used in motors and hydraulic systems. Once in the environment, PCBs do not readily break down and can remain for a long time in the air, water, and soil. PCBs can accumulate in plants and food crops and in small organisms and fish. As a result, people who eat fish can be exposed to PCBs in the fish. PCBs can cause cancer, as well as a variety of other adverse health effects on the immune system, reproductive system, nervous system, and endocrine system.
Liquids with PCB concentrations equal to or greater than 50 parts per million are subject to disposal as PCB Waste.
Concrete Producer Agrees To Resolve Clean Water Act Violations
Torromeo Industries, Inc. will pay a $135,000 civil penalty and implement a compliance program to resolve numerous violations of the Clean Water Act (CWA) at its Kingston, New Hampshire, sand, gravel and stone mining and ready-mix concrete plant. The settlement is pursuant to a consent decree lodged in the United States District Court for the District of New Hampshire, between the company and the US Government.
In addition to paying the $135,000 penalty, the company has agreed to implement a $500,000 Supplemental Environmental Project. The company will remove an impervious parking lot adjacent to Cobbett’s Pond, in Windham, New Hampshire, and replace it with a 35,000 square foot pervious concrete parking lot. This project will result in a significant decrease in the amount of polluted storm water that drains into Cobbett’s Pond.
In addition, the company will completely eliminate process wastewater discharges from the site.
The complaint, filed in federal district court in November 2010, alleged that the company violated the Clean Water Act by discharging stormwater and process water into wetlands and waterways, including the Little River, without the required authorization under a National Pollutant Discharge Elimination System permit.
In a parallel state settlement, the NHDES announced that the company has agreed to pay a $700,000 civil penalty for the unpermitted filling of approximately 12.5 acres of wetlands and streams at its plant in Kingston, New Hampshire. The state settlement requires the company to restore a significant area of filled wetlands and to preserve 69 acres of land on Bayberry Pond in Kingston. The federal and state enforcement actions arose from a joint inspection by the US EPA and NHDES in 2009.
Process waste water discharges are strictly prohibited under the CWA, unless a company obtains a permit to allow for those discharges. Wastewater from concrete plants typically contains high pH, oils, greases, and high levels or total suspended solids. When these solids settle they can form sediment deposits on the bottom of the water bodies that destroy the bottom fauna and the spawning grounds of fish. High pH waters from truck wash-out and wash-off from concrete manufacturing sites are highly corrosive. Rather than obtain individual discharge permits with stringent effluent limitations, most concrete manufacturing facilities contain, treat, and often recycle their process wastewaters onsite. As part of this settlement, Torromeo agreed to eliminate all off-site wastewater discharges.
“Stormwater runoff and process water discharges from the sand and gravel and ready-mix concrete industry are a significant source of water pollution,” said Curt Spalding, regional administrator of EPA’s New England office. “We consider the violations in this case to be extremely serious and we are glad that the company worked with EPA and the State to resolve these violations.”
United States Attorney John Kacavas credits the cooperative efforts of the EPA Region 1, the New Hampshire Department of Environmental Services, and Torromeo Industries in developing a workable plan. “The terms of the Consent Decree will protect New Hampshire’s natural resources from further degradation and deter others from engaging in irresponsible environmental impact practices.”
The settlement requires that the company conduct additional monitoring and reporting of storm water discharges, maintain a storm water pollution prevention plan, hire personnel certified in storm water management to oversee compliance at all both its Kingston, New Hampshire and Methuen, Massachusetts, facilities where storm water permits are required, and provide training in storm water management for all operational employees.
The settlement is the latest in a series of federal enforcement actions to address storm water violations from industrial facilities and construction sites around the country.
The consent decree, lodged in the US District Court for New Hampshire, is subject to a 30-day public comment period commencing upon publication of notice of lodging of the consent decree in the federal register, and approval by the federal court.
Coast Guard, LADEQ Respond to Odor in New Orleans Area
The Coast Guard, along with the Louisiana Department of Environmental Quality and partner agencies, are responding to reports of an odor that was in the vicinity of New Orleans, Wednesday.
Watchstanders at Coast Guard Sector New Orleans received the report of an odor extending throughout parts of the greater New Orleans area, including parts of Jefferson, Orleans and St. Bernard parishes at approximately 5 a.m. Wednesday. Responders have been deployed throughout the area and coordinated an investigation in concert with other agency responders and employees from the Chalmette Refining, LLC, facility in Chalmette.
The facility reported and quickly stopped a leak early Wednesday morning and, while the investigation is still ongoing, officials currently believe it could be the source of the odor. The leak was contained to a unit at the refinery. Air monitoring was initiated immediately upon discovery, and all monitoring throughout the incident has indicated no detection of SO2, H2S, or VOC emissions immediately beyond the vicinity of the leak source or at the fenceline.
Chalmette Refinery has worked with LDEQ and Coast Guard response teams most of the day to survey and evaluate all potential sources of odors in the area, including at the refinery. In addition, a Coast Guard MH-65 Dolphin helicopter crew conducted overflights of the affected area Wednesday afternoon.
“We apologize to neighbors for any inconvenience this leak incident may have caused,” said Chalmette Refining, LLC, Janet Matsushita, manager. “The health and safety of neighbors, community, and employees are our top priority.”
The company and agency will continue to monitor air quality until the integrated response effort concurs that the root cause of odors has been identified and eliminated.
Neighbors who have concerns are welcome to call Chalmette Refining, LLC, at 504-281- 1212. A claims hotline has also been set up at 866-752-6339.
A Unified Command has been established with the Coast Guard, LDEQ and Chalmette Refining to mitigate any possible environmental impact of this leak.
The Chalmette Refining, LLC, team, the LDEQ and the Coast Guard are investigating the cause of the incident.
President of Lee Water Testing Company Charged with Falsifying Water Testing Reports
The president of a private water testing company in Lee has been arraigned on additional charges in connection with falsifying drinking water reports, Attorney General Martha Coakley's Office announced recently. A judge has also imposed strict conditions that prohibit him from being involved in the operation of the company in any way.
William Enser, Jr., age 63, of Lee, the president of Berkshire Enviro-Labs, Inc., was arraigned in Berkshire Superior Court yesterday on new charges of Knowingly Falsifying Reports Submitted to the Department of Environmental Protection (14 counts) and Willfully Making False Reports to the Department of Environmental Protection (14 counts).
At the arraignment, Enser pleaded not guilty to the additional charges and was released on personal recognizance with the condition that he be prohibited from having any involvement in Berkshire Enviro-Labs (Enviro-Labs). In addition, Berkshire Superior Court Judge Daniel Ford, who presided over the arraignment, ordered the appointment of a receiver to take control of Enviro-Labs.
Enser had previously been arraigned on January 23 on 30 separate charges also related to falsifying drinking water reports. As a result of the initial charges, Enser had been prohibited by court order from acting as a drinking water system operator. He had also been barred from taking drinking water samples, conducting water testing or reporting water data.
Authorities allege that although he was no longer acting as a drinking water system operator or handling drinking water samples, Enser maintained involvement with Enviro-Labs and subsequently failed to submit required sampling results to Massachusetts environmental officials that showed bacterial contamination in drinking water samples.
“These additional charges allege that this defendant failed to submit water sample analyses that showed bacterial contamination to the MassDEP,” said AG Coakley. “He is now prohibited from being involved in the operation of the company and is no longer able to tamper with water testing reports and potentially put people at risk.
“The Environmental Strike Force’s continued investigation into the activities of Mr. Enser, who has already been indicted for falsifying drinking water reports, has now revealed evidence of additional fraud,” said Commissioner Kenneth Kimmell of the Massachusetts Department of Environmental Protection (MassDEP). “MassDEP is committed to upholding the integrity and the safety of drinking water programs across the Commonwealth.”
Kimmell added that all of the affected drinking water facilities have been contacted by MassDEP. MassDEP has worked with affected facilities, including collecting and analyzing water samples, to ensure that there are no future impacts to public health. MassDEP continues to work with those facilities to ensure compliance with all safe drinking water standards.
In September 2012, the AG's Office began an investigation after the matter was initially investigated and referred by MassDEP. As a result of its investigation, Enser’s company was suspended from acting as a certified drinking water lab to provide drinking water testing for private and public water suppliers in the western part of Massachusetts.
In January, Enser was indicted and arraigned on charges of Knowingly Falsifying Reports Submitted to the Department of Environmental Protection (15 counts) and Willfully Making False Reports to the Department of Environmental Protection (15 counts) in connection with backdating drinking water sample analyses to feign compliance with environmental laws.
Authorities received additional information indicating wrongdoing by Enser after he was initially indicted and arraigned in January. Further investigation revealed that Enser allegedly hid evidence of bacterial contamination. Authorities allege that between October 2012 and February 2013, Enser’s company continued to collect samples from various public water supplies. Investigation revealed that some of these samples tested positive for bacteria, but Enser allegedly did not report it to MassDEP. Instead, authorities allege that Enser would request each sampler to take several separate samples at each water supply and if one test did pass, he would choose that one to send to MassDEP.
Authorities also allege that in one instance in October 2012, Enser directed an employee to report a drinking water sample as coming from a public water supply when, in fact, the sample had come from the tap in the Enviro-Labs’ office.
As a result of the new indictments, Enser now faces a total of 58 counts for falsifying and submitting reports to MassDEP.
These charges stem from an investigation by the Massachusetts Environmental Strike Force, an interagency unit which is overseen by AG Coakley, Energy and Environmental Affairs Secretary Rick Sullivan, and MassDEP Commissioner Kimmell. The Strike Force comprises prosecutors from the Attorney General’s Office, Environmental Police Officers assigned to the Attorney General’s Office, and investigators and engineers from the MassDEP who investigate and prosecute crimes that harm or threaten the state’s water, air, or land and that pose a significant threat to human health.
A Berkshire County Grand Jury returned initial indictments against Enser on January 16 and returned additional indictments against Enser on March 21. He was arraigned yesterday in Berkshire Superior Court where he pleaded not guilty to all charges. He is due back in Berkshire Superior Court on June 19 for a pre-trial conference.
The case is being prosecuted by Assistant Attorney General Andrew Rainer, Chief of the Environmental Crimes Strike Force, and Assistant Attorney General Sara Farnum, of AG Coakley's Environmental Crimes Division, with assistance from the Massachusetts Environmental Police, and MassDEP Strike Force Director Pamela Talbot and investigators Tim Dame and Joel Rees. MassDEP staff in the Western Regional Office and in the state laboratory in Lawrence also worked to corroborate the technical findings, ensure the continued delivery of certified lab services to affected water suppliers, and to test drinking water samples in communities that may have been impacted by Enser’s actions.
MassDEP Inspection Reveals Recyclable Wood Dumped at Landfill in Violation of State's Waste Ban
The Massachusetts Department of Environmental Protection (MassDEP) penalized waste hauler ABC Disposal, Inc., of New Bedford, $1,500 for solid waste violations involving dumping excessive amounts of construction and demolition wood at a landfill in December of 2012. Disposal of wood at Massachusetts landfills or incinerators has been banned since 2006 along with other easily recyclable materials such as asphalt pavement, concrete and brick.
"Bringing in waste-ban materials where the amount is egregiously obvious, like 40%, is simply an unacceptable violation by this waste hauler," said Phil Weinberg, director of MassDEP's Southeast Regional Office in Lakeville. "Waste bans not only increase recycling, reduce waste and protect the environment, but the old practices of discarding, and burying things is simply not sustainable."
MassDEP conducted a waste-ban inspection at the Fall River landfill on December 3, 2012, and observed ABC Disposal unloading a 100-cubic-yard trailer where an estimated 40% was wood. Later that day, a second similar-sized trailer attempted to unload at the same landfill in which excessive wood was again immediately apparent before unloading. The landfill owner cooperated during these inspections, followed its MassDEP-approved waste load inspection protocol, and is not the responsible party in these incidents.
In addition to the penalty, ABC Disposal has agreed to submit within 30 days a plan for training all its personnel engaged in handling and transport of solid waste on complying with the state's waste bans. The plan must include measures to be taken by the hauler to ascertain the types of materials in each load.
Pennsylvania DEP Releases Sampling, Quality Assurance Plans for Oil and Gas Development Radiation Study
The agency will sample and analyze radioactivity levels of flowback waters, treatment solids, drill cuttings and drilling equipment, along with the transportation, storage and disposal of drilling wastes.
Based on current data, regulations and industry practices, there is no indication that the public or workers in the oil and gas industry face health risks from exposure to radiation from these materials. The study is aimed at ensuring that public health and the environment continue to be protected.
“Pennsylvania is setting the bar for responsible shale gas development, and the study of radiation issues in oil and gas development is yet another example of that,” DEP Secretary Mike Krancer said. “Not only do we in Pennsylvania operate with scientific rigor, we do so with unmatched transparency. These plans show exactly how we are conducting this study.”
On January 24, Gov. Corbett directed DEP to undertake a comprehensive study examining naturally occurring levels of radioactivity in byproducts associated with oil and gas development. Since then, the agency sought a peer review of its sampling and quality assurance plans and expects to begin sampling this month.
The sampling plan outlines the types of samples DEP will collect, their locations and the methods for analyzing them. The quality assurance plan provides specifics on how the agency will collect, transport and analyze the samples.
DEP will collect and analyze drill cuttings, flowback fluid and drilling mud for a variety of radioactive particles. Staff will also examine compressor stations, storage tanks, trucks, drill rigs, and wastewater treatment facilities.
DEP routinely reviews radioactivity data in wastes that the drilling industry and other industries generate, and the information obtained to date indicates very low levels of natural radioactivity. The agency also maintains a statewide monitoring network to protect the public from exposure to unsafe levels of radiation.
Mink Farm Fined $48,000 for Discharging Manure into Creeks
The owner of two Deming area mink farms is being fined $48,000 by the Washington Department of Ecology for discharging water contaminated with manure into nearby salmon-bearing creeks and spawning habitat in eastern Whatcom County.
The farms operate as Marr’s Black Plush Ranch, Inc., at 9471 and 9580 Mount Baker Highway.
On December 10, 2012, Ecology inspectors found water contaminated with mink manure and feed draining directly into ditches that flow to Cornell and Hedrick creeks.
Both creeks are home to five species of salmon and two to three species of trout, and have prime spawning habitat. Two of the species of fish—steelhead trout and chinook salmon—are listed as threatened under the federal Endangered Species Act.
Water samples taken from the properties show the fecal coliform bacteria count was up to 240 times greater than the state limit. State law allows 100 fecal coliform bacteria per 100 milliliters of water. The ranch was discharging 24,000 fecal coliform bacteria per 100 milliliters of water.
Ecology fined the owner $24,000 for similar violations and issued a compliance order in 1999. During the most recent investigation, inspectors found contamination coming from sources documented in the previous case. Also, past improvements made to the ranch had not been maintained.
This time inspectors discovered thick layers of bacteria on the property and in the ditches – a sign of ongoing contamination.
Bacteria from manure pollution can create a human health risk, and can harm fish and other aquatic life by depleting needed oxygen from the water.
The current $48,000 fine accounts for the documented history of violations, ongoing contamination, lack of maintenance to prevent discharges, and sensitivity of the creeks.
In addition, Ecology has ordered the owner to apply for state and federal water-quality permits, and to properly contain and manage wastewater from the farms.
Penalties and orders from Ecology may be appealed to the Washington State Pollution Control Hearings Board.
Ecology investigated Marr’s Black Plush Ranch after receiving a complaint from a citizen about water pollution.
Seafood Firm Fined $12,654 for Lacking Spill Readiness Plan
The state Department of Ecology (Ecology) has fined Seattle-based East West Seafoods and Christos Tsabouris $12,654 for operating the commercial fish processing vessel Pacific Producer in Washington waters from 2009 to 2012 without an approved oil spill readiness plan.
It is the second time East West Seafoods and vessel owner Tsabouris has been discovered operating in Washington waters without an oil spill contingency plan to respond to potential spills.
In January 2008, Ecology first ordered the company and Tsabouris to get spill contingency plan coverage while responding to an oily bilge waste discharge from the Pacific Producer at the Port of Willapa. They apparently allowed the plan to lapse in 2009 and chose not to renew it.
State law requires all large commercial vessels, passenger ships, oil tankers, and tank barges have spill contingency plans to operate in state waters. These plans help ensure vessels can mount a rapid, aggressive and well coordinated response if they spill oil.
Ecology has calculated a major oil spill could cost Washington’s economy up to $10.8 billion and adversely affect as many as 165,000 jobs due to disruptions to maritime shipping and public port activities, recreation and tourism, and injuries to state fish, shellfish and wildlife resources.
After Ecology discovered the 169-foot Pacific Producer was again operating in state waters without a spill contingency plan, the department issued an administrative order on June 22, 2012, requiring the vessel to immediately obtain coverage.
However, Tsabouris and East West Seafoods waited until June 29, 2012, before the company paid to enroll the Pacific Producer under a state-approved umbrella contingency plan operated by the Seattle-based Washington State Maritime Cooperative (WSMC).
More than 1,600 commercial vessels operating in Puget Sound and Grays Harbor enroll with WSMC. The non-profit organization manages the spill response for a vessel involved in an oil spill during the first 24 hours of an incident, including providing a spill response contractor.
A similar organization, the Maritime Fire and Safety Association, provides comparable coverage for about 1,000 vessels operating in the Columbia River.
Linda Pilkey-Jarvis oversees statewide oil spill preparedness activities for Ecology. She said the fine was based on several factors:
- The years the Pacific Producer knowingly operated without spill contingency coverage
- Unfair economic benefit East West Seafoods and Tsabouris unlawfully gained as a result
- Failing to reimburse Ecology $5,600 for state costs associated with responding to the January 2008 oily bilge waste discharge at the Port of Willapa
- Neglecting to pay $1,000 fine for a November 2008 hydraulic oil spill from the vessel
- Ecology could have levied a fine up to $100,000 for failing to have a contingency plan
Pilkey-Jarvis said: “The Pacific Producer operated in our most sensitive waters—from Willapa Bay to Puget Sound—without having the financial and practical ability to respond if the vessel had had an oil spill. It is irresponsible for any company or commercial vessel owner to knowingly operate in our waters without this coverage. We hope this penalty sends a strong message that Washington cannot and will not tolerate this level of environmental risk.”
East West Seafoods and Tsabouris may appeal the penalty to the Washington State Pollution Control Hearings Board.
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Trivia Question of the Week
Approximately how much food is wasted in the US, from farm, to fork, to landfill?
a. 10%
b. 15%
c. 25%
d. 40%
