Congress has increased fines for hauling hazardous wastes without proper registration.
The increase came inside the bill to reauthorize the federal surface transportation program.
Also part of the legislation is the approval of a hazardous material technical assessment, research and development, and analysis program. The program would be aimed at reducing the risk associated with the transportation of hazardous material and identifying and evaluating new technologies to facilitate the safe, secure, and efficient transportation of hazardous materials.
EPA to Revise Air Regulations for Portland Cement
The proposal would extend the compliance deadline for existing kilns from September 9, 2013 until September 9, 2015. It would also change the method for the continuous monitoring of particulate matter (PM) emissions and adjust the PM emissions limits. The proposal would also allow facilities to select from a list of work practices to control fugitive emissions from open clinker piles and would change alternative emission limits for organic air toxics (allowing kilns to meet the alternative limit instead of a total hydrocarbon limit). EPA is required by a court order to issue the final rule by December 20, 2012.
Federal Court Upholds 1-Hour NO2 Standard
The US Court of Appeals for the District of Columbia Circuit denied challenges by the American Petroleum Institute (API) and others against the 2010 1-hour nitrogen dioxide (NO2) National Ambient Air Quality Standard (NAAQS), upholding the standard. The court also dismissed a claim by petitioners that EPA ran afoul of the Act by noting that applicants for Prevention of Significant Deterioration permits would initially need to demonstrate that their projects would not cause or contribute to a violation of the revised NO2 NAAQS, finding that EPA’s statement to this effect in the final rule preamble was not final agency action and therefore the court did not have jurisdiction to review it.
Greensboro RCRA and DOT Training
Dallas RCRA and DOT Training
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How to Prepare for OSHA’s Globally Harmonized Hazard Communication Standard (GHS)
- August 15
- October 2
National Poll Shows Bipartisan Support For Stronger Protections From Toxic Chemicals
A nationwide poll and four separate, statewide polls found similar strong support for bolstering protections against toxic chemicals. By overwhelming bipartisan margins, Americans support strengthening the 35-year-old Toxic Substances Control Act (TSCA), according to new polls released by the Natural Resources Defense Council (NRDC), the Safer Chemicals Healthy Families Coalition, and the Ecology Center.
NRDC and the Safer Chemical Healthy Families coalition strongly support the Safe Chemicals Act, S. 847, introduced by Sen. Frank Lautenberg, D-NJ. The bill updates TSCA by requiring manufacturers to show that their chemicals are safe in order to sell them. It also streamlines the EPA’s ability to limit uses of a chemical that may harm public health or the environment.
- Nearly 74% of those polled think the threat posed to people’s health by the exposure to toxic chemicals is serious, with 34% saying they think the threat is “very serious.”
- 68% of respondents support stricter regulation of chemicals used and produced in the US, with support across all demographic sub-groups, including those typically opposed to government regulation, such as self-described conservatives (54%) and Tea Party supporters (51%).
Description of a proposal that would require the chemical industry to prove that its products are safe and give EPA greater authority to restrict some or all uses of chemicals that may harm health or the environment garnered support from 77% of respondents.
- 76% of respondents consider chemical exposure a serious health threat in day-to-day life, 74% of respondents support the legislation described that would increase EPA authority and require that the chemical industry prove its products are safe—including 81% of women and 78% of Latino respondents.
- 62% of respondents in Missouri support stricter regulation of chemicals and 64% support the provisions of legislation to strengthen the current law;
- In Nevada, 61% of respondents support stricter regulation while 64% support the provisions of the legislation.
- . The poll also found 61% of respondents were extremely or very concerned about the health impacts from toxic chemicals in the Great Lakes and 32% were somewhat concerned. A mere 6% were not concerned.
Nearly 93,000 Tons of Pollution Released From Upsets and Emission Events at Natural Gas and Petrochemical Plants in Texas
During the three-year time period covered in the Texas study, the non-routine emission events at chemical plants, refineries, and natural gas operations released a combined total of more than 42,000 tons of sulfur dioxide (SO2) and just over 50,000 tons of smog-forming volatile organic compounds (VOCs). These so-called emission event pollutants are in addition to the emissions released year-round during so-called normal operations, and are usually not included in the data the government uses to establish regulations or evaluate public health impacts.
Natural gas operations—which include well heads, pipelines, compressors, boosters, and storage systems—accounted for more than 85% of total SO2 and nearly 80% of the VOCs released during these episodes. Both pollutants are linked to asthma attacks and other respiratory ailments, and can form fine particles that contribute to premature death from heart disease.
EIP Director Eric Schaeffer said: “Too many of these accidents are the norm at some natural gas and chemical plants. These upsets can dump a lot of pollution in a few short hours, and some of them continue releasing benzene and other toxins for weeks. Many of these breakdowns—and the pollution that comes with them—could be prevented by upgrading pollution controls, improving maintenance, and recapturing and reusing gas instead of releasing it to the environment as pollution. The EPA needs to crack down on polluters who seem to think that these events—no matter how many or how severe—somehow excuse them from the CAA.”
Every year, refineries, chemical plants, and natural gas facilities release thousands of tons of air pollution when production units break down, or are shut off, restarted, or repaired. Most of these emission events release pollution through flares, or from leaking pipelines, tanks, or other production equipment.
The CAA makes polluters strictly liable for their mistakes, but loopholes in regulations either excuse violations that result from malfunctions altogether, or allow polluters to escape penalties by claiming that such mishaps are beyond the control of plant operators. As a result, federal or state agencies rarely even investigate these events, much less take enforcement action. EPA’s current standards are so relaxed that even the most serious violations are excused, inviting plant operators to defer improvements that could make plants safer—and sometimes even turn a profit.
Texas facilities have been required to submit online reports estimating emissions caused by upsets, maintenance, startup and shutdown activities since 2003, along with an explanation of what caused the events. The data in the EIP report obtained from TCEQ’s Emissions Event database. The industry classifications were determined using the facility’s SIC or NAICS code, as reported to the TCEQ central registry and EPA’s Facility Registration System. When industry classification information was unavailable, the data was supplemented using other information on TCEQ’s central registry.
Environmental Groups File Notice of Intent to Sue EPA Regarding Pollution from Refineries
The EIP and Earthjustice have notified the EPA that they will take the Agency to court if it fails to crack down on toxic pollution from petrochemical plants and refineries. The notice of intent (NOI) letters, filed on behalf of a coalition of community organizations, allege that EPA has failed to meet CAA deadlines for revising rules to require more accurate reporting of refinery emissions, and for setting standards that protect nearby communities from health threats that result from such pollution.
The NOI filings come as EIP is slated to issue a new report detailing roughly 100,000 tons of accidental and non-routine pollution from refineries, natural gas facilities, and chemical plants in Texas from 2009–2011.
The petrochemical industry releases large amounts of VOCs every year that contribute to smog, and include cancer-causing pollutants like benzene, butadiene naphthalene, polycyclic organic matter (POM), polycyclic aromatic hydrocarbons (PAH), ethylene dibromide, acrolein, mercury, cadmium, lead, and arsenic, among others. But multiple studies have shown that the emissions the industry reports may represent 10% or less of what some refinery units actually release to the air. Emission reporting for some of the workhorse units at these plants—including tanks, flares, and wastewater treatment systems—are estimated based on outdated and inaccurate formulas. Studies at Marathon, Shell Deer Park, and BP have measured actual releases from these units at concentrations 10 to more than 100 times higher than previously reported.
The EPA is required to review and revise the methods used to estimate emissions at least once every three years. The Agency has failed to do so, even after receiving a petition from the City of Houston asking EPA to close these loopholes that allow hundreds of thousands of tons of pollution to escape detection and reporting every year.
The CAA also requires EPA to evaluate how refinery pollution affects the health of downwind communities—and to set standards that protect those neighborhoods from unreasonable health risks, with an ample margin of safety. In addition, EPA must review and upgrade limits on toxic air pollutants, based on the maximum reductions that can be achieved. EPA has missed both deadlines for many years. The agency has failed to take action, depriving communities of the protection they are entitled to under the law.
EPA first issued section 112 air toxics rules for refineries in 1995 and 2002. EPA’s public health and technology review rules under section 112(f)(2) and (d)(6) for most of the refineries source category are nearly nine years overdue, and for other key components (such as catalytic cracking and sulfur plant units) are more than two years overdue.
EPA Releases List Of Known Insurance Providers For UST Owners And Operators
The EPA developed financial responsibility regulations to ensure that UST owners and operators can pay the costs of cleaning up leaks from USTs and compensate third parties for bodily injury or property damage resulting from leaks.
The financial responsibility regulations (40 CFR Part 280, Subpart H) allow UST owners and operators to choose from a variety of financial mechanisms to comply with the regulations. One of these financial mechanisms is the use of insurance.
In order to facilitate access to UST insurance, EPA developed this booklet based on information it received from the listed companies, agents, and brokers. The companies, agents, and brokers listed may help UST owners or operators find the UST insurance that can fulfill the financial responsibility obligation.
Former President of Texas Company Indicted for Employee Deaths and Environmental Violations
Port Arthur Chemical and Environmental Services LLC, (PACES) and its former president Matthew L. Bowman have been charged with conspiracy to illegally transport hazardous materials, resulting in the deaths of two employees, in an indictment handed down by a federal grand jury in Beaumont, Texas.
The 13-count indictment describes a scheme in which hazardous materials were transported illegally with false documents and without placards, and where workers were not properly protected from exposure to hazardous gases. The exposure resulted in the deaths of two employees, who were truck drivers, at the PACES facility on Dececember 18, 2008, and April 14, 2009. Both deaths are attributed to exposure to hydrogen sulfide.
The defendants were charged with a conspiracy to violate the Hazardous Materials Transportation Uniform Safety Act (HMTUSA) and two counts of failure to implement appropriate controls to protect employees from exposure to hydrogen sulfide in violation of the Occupational Safety and Health Act. The defendants are also charged with transportation of hazardous materials without placards and with false documents in violation of HMTUSA, violations of the Resource Conservation and Recovery Act (RCRA) and making false statements.
According to the indictment, Bowman was president and owner of PACES, located in Port Arthur, Texas, and CES Environmental Services (CES) located in Houston. PACES was in operation from about November 2008 to November 2010 and was in the business of producing and selling caustic materials to paper mills. The production of caustic materials involved hydrogen sulfide. Hydrogen sulfide is classified as a poisonous gas by HMTUSA. According to the National Institute for Occupational Safety and Health (NIOSH), hydrogen sulfide is an acute toxic substance that is the leading cause of sudden death in the workplace. Employers are required by the OSHA to implement engineering and safety controls to prevent employees from exposure above harmful limits.
According to the indictment, Bowman was responsible for, among other duties, approving and directing PACES production operations, the disposal of hydrogen sulfide wastewater, employee safety precautions, directing the transportation of PACES wastewater, and determining what safety equipment could be purchased or maintained.
Both PACES and CES have filed for bankruptcy.
The conspiracy and substantive counts of the indictment each carry a maximum possible sentence of five years in prison and a fine of $250,000, and a $500,000 maximum fine for the corporation.
Graco Commits to Banning Toxic Flame Retardants from Children’s Products
Graco is one of the nation’s largest children’s product manufacturers, selling nearly one out of every three baby gear products purchased in the US.
Child health advocates have been urging Graco to eliminate the use of toxic chemicals since 2008, when the Ecology Center first started testing products for their consumer database, HealthyStuff.org.
“Our 2011 car seat report showed that Graco manufactured one of the most toxic car seats and one of the least toxic,” said Jeff Gearhart, the Ecology Center’s Research Director and founder of HealthyStuff.org, which has tested hundreds of popular car seats for toxic chemicals. “We thank all of the parents who expressed concern about this inconsistency, and Graco for taking the initiative to make all of their products safer.”
Graco told advocates it has committed to ban and monitor four Tris and related chemicals, specifically:
- Tris chemicals including TDCPP (Tris (1,3-dichloro-2-propyl) phosphate) and TCEP (Tris (2-chloroethyl) phosphate)
- TCPP (Tris (1-chloro-2-propyl) phosphate) is structurally similar to the Tris compounds
All three Tris chemicals are either carcinogens or suspected carcinogens
Firemaster 550, a chemical mixture containing ingredients that have been targeted for review by EPA due to widespread exposure and potential health risk, is also on Graco’s ban list.
While recognizing that eliminating these toxic flame retardant chemicals puts Graco ahead of most other children’s product makers, advocates urged the company to take additional steps to ensure their products no longer contain any hazardous chemicals. Graco is also being asked to disclose chemicals contained in their products and develop an alternatives assessment system to ensure chemicals are inherently safer and lower hazard.
Previously promoted as necessary lifesavers, according to federal researchers and independent scientists, flame retardants added to foam and cushions actually provide no meaningful protection from fires. The Chicago Tribune’s blockbuster investigative series revealing the deception behind flame retardant chemical standards has generated new momentum to phase them out and better regulate their use. California Governor Jerry Brown has directed a state agency to revise that state’s flammability standards, which could eliminate the need for flame retardant chemicals in furniture nationwide. Senator Dick Durbin’s (D-IL) Financial Services and General Government Subcommittee is holding a hearing on the effectiveness of federal government flame retardant standards.
Still, due in part to increasing pressure from consumers, manufacturers are taking action in advance of regulation and Graco is just the latest example. Orbit Baby was the first to market children’s car seats free of hazardous flame retardants and Britax followed suit with a commitment to eliminating all hazardous flame retardants that contain bromine or chlorine by the end of 2012.
Since 2007 researchers at the Ecology Center have performed over 20,000 tests for toxic chemicals on over 7,000 consumer products, including pet products, vehicles, women’s handbags, jewelry, back-to-school products, children’s toys, building products, and children’s car seats.
Inclusion of New Products and Health-Based Criteria Advance UL Environment’s Printing Inks Standard
UL Environment, a business unit of UL (Underwriters Laboratories), has launched its revised third-party environmental standard for printing inks: UL 2801.This updated multi-attribute standard now includes criteria for certifying eight new subcategories of printing inks, as well as health-based measures to better protect people and the planet from hazardous substances.
“Printing inks contain heavy metals, petroleum distillates, and VOCs that are of health and environmental concern,” says Angela Griffiths, head of operations at UL Environment. “Introducing criteria that reduce the use of toxic chemicals in inks is a positive change to UL Environment’s Printing Inks Standard. The new revisions will help conserve nonrenewable resources, improve indoor air quality for print shop workers, and reduce adverse health effects from exposure to heavy metals.”
Health-based provisions are an integral part of the revised Printing Inks Standard. The criteria state that UL Environment-certified printing ink products may not contain hazardous substances in concentrations proven to have carcinogenic, mutagenic, and/or reproductive and developmental effects according to the European Union Directive 1272 (2008).
New subcategories added to the UL 2801 standard include: gravure, flexographic, inkjet, and screen printing solvent-based inks; inkjet and screen printing water-based inks; and inkjet ultra violet (UV) and screen printing UV curable inks.
The revised UL 2801 standard also includes three new components, which are present in all recently revised or developed UL Environment standards: packaging; energy management and policy; and socially and environmentally responsible manufacturing. These three components aim to encourage continuous improvement for resource/waste, energy, environmental, and workplace management.
Hazardous Waste Generators Agree to $56.4 Million Cleanup of Former Texas City, Texas, Waste Disposal Site
The Department of Justice (DOJ) and the EPA have announced an agreement with over three dozen companies and government agencies that will result in a $56.4 million cleanup of the Malone Services Company Superfund Site in Texas City, Texas, a former waste-disposal site near the shore of Galveston Bay.
Among the companies doing the clean-up work are BP Products North America Inc., Pharmacia (formerly Monsanto), Marathon Oil Company, Exxon Mobil Corporation and BASF Corporation. 76 entities, including the US and the TCEQ are resolving their liability by paying cash to the group of 27. The US, which shipped 1.62% of the waste, will pay $1,490,029. TCEQ, which shipped 0.00545% of the waste, will contribute $6,766. (EPA previously completed four rounds of administrative settlements with approximately 230 relatively small contributors of waste, de minimis parties, collecting approximately $8.4 million. EPA will make at least $4.5 million from these and other recoveries available to the group of 27 companies carrying out the cleanup.)
The federal and state natural resource trustees for the site—the National Oceanic and Atmospheric Administration (NOAA), the Department of the Interior represented by the Fish and Wildlife Service, TCEQ, the Texas Parks and Wildlife Department, and the Texas General Land Office—determined that natural resources associated with upland-woodlands habitat, freshwater-marsh habitat and saltwater-marsh habitat, were injured by contamination. The parties that shipped waste to the site will pay the trustees a total of $3,109,000 to implement environmental restoration projects, which will be selected in the future by the trustees and described in a restoration plan on which public comment will be solicited.
The Malone Service Company operated a disposal facility for waste oil and waste chemicals between approximately 1964 and 1996. Hundreds of entities sent a total of approximately 481 million gallons of waste to the Site. Approximately 260,000 cubic yards of contaminated oily sludge is present in above-ground storage tanks and a multi-acre earthen impoundment. The consent decree requires that the oily sludge be solidified and placed into an on-site RCRA-Subtitle C-equivalent cell, along with contaminated soil. The groundwater will be monitored to confirm that the remedial action is preventing offsite migration.
EPA and Tennessee Announce CWA Agreement with the City of Chattanooga
Chattanooga has agreed to pay a $476,400 civil penalty and make improvements to its sewer systems, estimated by the city at $250 million, to eliminate unauthorized overflows of untreated raw sewage. Chattanooga also has agreed to implement a green infrastructure plan and perform an $800,000 stream restoration project.
The consent decree resolves claims for injunctive relief and civil penalties for Chattanooga’s alleged violations of the CWA and the Tennessee Water Quality Control Act.
The proposed consent decree will require Chattanooga to comprehensively assess and rehabilitate its entire sewer collection system to eliminate overflows of untreated raw sewage. Specifically, Chattanooga will perform rehabilitation projects to address known problems within the collection system; implement programs to ensure proper management, operation, and maintenance of its sewer systems; and install additional controls on the Chattanooga Creek combined sewer outfalls to ensure compliance with water quality standards.
Prior to finalizing the proposed consent decree, the city, along with EPA and the DEC, held two public meetings to provide information regarding the sewer system and to seek community input regarding the impact that sewer overflows were having in the community.
Chattanooga has also agreed to perform a stream restoration supplemental environmental project, at a cost of $800,000, to restore the stream and stabilize the banks of a tributary of the South Chickamauga Creek and eliminate a significant source of sediment and solids to the creek. Half of the civil penalty will be paid to the US. At the direction of the state, the other half of the civil penalty will be paid by Chattanooga through the performance of green infrastructure demonstration projects in the historic downtown Highland Park neighborhood to, among other things, improve water quality in the Dobbs Branch stream, which flows into Chattanooga Creek. Green infrastructure involves the use of soils, vegetation, and natural processes to store, infiltrate, and evaporate storm water to prevent it from getting into the sewer system.
The initiative focuses on reducing sewer overflows, which can present a significant threat to human health and the environment. These reductions are accomplished by obtaining commitments from municipalities to implement timely, affordable solutions to these problems, including the increased use of green infrastructure and other innovative approaches.
The US has reached similar agreements with municipalities across the country, including the following in the Southeast: Mobile and Jefferson County (Birmingham), Alabama; Atlanta and Dekalb County, Georgia; Knoxville and Nashville, Tennessee; Miami-Dade County, Florida; and Northern Kentucky Sanitation District #1 and Louisville, Kentucky.
Property Owner Faces Fine for Failing to Notify Tenants about Potential Lead Hazards
A recent EPA complaint alleges that Private Reserve Properties, LLC, failed to notify prospective tenants, including families with young children, about potential lead-paint hazards in housing owned by the company, as required by the Residential Lead-Based Paint Hazard Reduction Act of 1992 and the Lead-Based Paint Disclosure Rule.
Private Reserve Properties owns about 50 properties, with about 130 rental units, throughout Providence. Many of the company’s holdings, including several subject to the complaint, are in environmental justice areas, which have higher than average rates of poverty.
The complaint asserts 61 violations of the federal disclosure requirements associated with 16 leases signed between 2009 and 2011. According to the complaint, Private Reserve Properties failed to disclose the presence of lead-based paint or lead-based paint hazards in its housing, provide tenants with available reports and records regarding lead-based paint, and supply educational information regarding lead-based paint hazards. Eight of the leases include families with children who are more vulnerable to the adverse affects of lead exposure.
Exposure to lead paint is a serious health concern in New England due to the age of the housing stock. Infants and young children are especially vulnerable to lead paint exposure, which can cause lowered intelligence, reading and learning disabilities, impaired hearing, reduced attention span, hyperactivity, and behavior problems. Adults with high lead levels can suffer difficulties during pregnancy, high blood pressure, nerve disorders, memory problems, and muscle and joint pain.
The purpose of the Residential Lead-Based Paint Hazard Reduction Act and the Lead-Based Paint Disclosure Rule is to ensure that prospective tenants have enough information about lead-based paint in general and known lead-based paint hazards in specific housing to make an informed decision about whether to lease a particular property. Among other things, the Disclosure Rule requires landlords to provide prospective tenants with an EPA-approved lead hazard information pamphlet and lead warning statement; disclose the presence of known lead-based paint and lead-based paint hazards; and provide prospective tenants with available records and reports pertaining to lead-based paint in the housing to be leased. Property managers and owners therefore play an important role in helping to prevent lead poisoning. Violations of the federal disclosure requirements are subject to the penalty provisions set forth in the TSCA.
Buckhorn Mine Fined $395,000 for Water Quality Violations
The Washington Department of Ecology (Ecology) has issued a penalty of $395,000 to Crown Resources Corp., for water quality violations at the Buckhorn Mountain gold mine near Chesaw in Okanogan County, Washington. Crown Resources is a subsidiary of Kinross Gold Corp.
In 2011 and 2012, the Buckhorn Mountain mine’s groundwater capture zone failed to contain spring rains and snow melt, resulting in contaminated water reaching Gold Bowl Creek. In 2011, the mine discharged treated mine water in such a way that resulted in a landslide and debris flow that damaged Gold Bowl Creek. Water management during spring snow melt has been a well-documented problem at the mine.
The 2011 landslide generated a debris flow that significantly damaged a large portion of Gold Bowl Creek’s stream channel. Ecology estimates it will take years to stabilize and re-establish damaged soils and vegetation on the slope and along Gold Bowl Creek. As a result, slope and stream bed erosion is expected to carry sediment down Gold Bowl Creek for years.
Crown was cited for failing to maintain its groundwater capture zone for a total of 94 days during both years. Violations in 2011 include allowing water discharges causing slope instability and erosion, and for discharging water at an unauthorized point. The mine is required to capture contaminated groundwater from around mine excavations and tunnels and under surface stockpiles, and pump it to a treatment plant.
According to Ecology’s investigation, the violations occurred primarily because the mine didn’t have adequate capacity to capture the contaminated water generated by the underground mine workings during the 2011 and 2012 spring seasons. Water generated in the underground mine can carry high concentrations of heavy metals such as copper, lead, and zinc that must be captured and processed before being discharged at approved outfalls. In addition to heavy metals, the mine must meet standards for sulfate, nitrate, and acidity, and must manage stormwater.
Excess mine water is collected in sump areas and flooded mine workings and is then pumped to holding reservoirs or to the wastewater treatment plant. In addition, groundwater is pumped from dewatering wells to capture pollutants introduced through mine operations and then is processed at the water treatment plant. The treated water is either discharged at approved outfalls or returned to the mine and reused.
Since operations began at the mine in 2007, Ecology has issued $62,000 in penalties, six notices of violation, and six administrative orders directing the company to control stormwater, rectify groundwater capture zone inadequacies, prevent slope failures, and comply with permit limits for nitrates, sulfate, acidity, copper, lead, zinc, and solids from stormwater ponds.
The mine is permitted to discharge treated mine water and stormwater to both surface and groundwater under its National Pollutant Discharge Elimination System (NPDES) Permit. The NPDES Permit issued in September 2007 is up for renewal this fall. Ecology is working with Crown Resources to update the permit and ensure that mine water management requirements address violations at the mine.
Sewage Spill into Lake Tahoe Results in $239,081 Fine
Water Board staff originally recommended imposing $232,100 for the December 2010 spill of sewage into Lake Tahoe, but the Water Board increased the liability based on the potential harm of the spill on public health and Lake Tahoe’s extraordinary clarity.
The NTPUD spent approximately $400,000 to upgrade the backup power system at its Dollar Hill Pump Station. Due to a number of factors, the backup power system failed to operate properly during an electrical power failure, resulting in the spill of approximately 129,500 gallons of untreated sewage and storm water into Lake Tahoe.
The NTPUD provided testimony attempting to place responsibility for the spill on its contractors that designed and installed the backup power system in June 2010. However, the Water Board found that NTPUD is ultimately responsible for the proper operation and maintenance of the pump station and for the actions of its contractors it hires, and therefore, solely subject to the liability.
Chevron Settlement Resolves Allegations it Violation Air Quality Laws
New Jersey Department of Environmental Protection (DEP) has announced that Chevron U.S.A. Inc., will pay the state a civil penalty of $231,875 under a joint state-federal settlement that resolves allegations the company violated air pollution control laws at its asphalt refinery in Perth Amboy.
Under the settlement agreement, Chevron will also pay the federal government a civil penalty of $231,875.
A joint complaint filed against Chevron by DEP and the EPA alleged that Chevron violated both state and federal air quality laws.
Division of Law Director Christopher S. Porrino explained that the complaint also cited Chevron for allegedly violating rules pertaining to leak detection and repair requirements for hazardous air pollutants at the Perth Amboy plant, and for violating conditions of the plant’s Title V air operating permit.
DEP previously issued two Administrative Orders against Chevron and assessed penalties of about $134,000 for violations of the State’s Pollution Control Act between 2005 and 2008. Chevron also was cited for failure to fulfill the conditions of its operating permit, including proper record-keeping related to leaks, inspections, and visible flare emissions and installing equipment without first obtaining an operating permit.
The joint settlement agreement resolves both the alleged violations detailed in the joint state-federal Complaint against Chevron, as well as those contained in the two prior Administrative Orders filed on behalf of DEP.
The Crude Unit at Chevron’s Perth Amboy asphalt refining plant is currently closed, although the facility continues to operate on a limited basis as a tank terminal.
Under the settlement agreement, which still must be approved by the US District Court, Chevron will provide enhanced leak detection and repair of valves and pipelines in the event Chevron—or a successor company—restarts operation of the Crude Unit.
It was publicly announced earlier this year that Chevron intended to sell the Perth Amboy facility, including the tank terminal and the asphalt refinery plant.
Chemical Producer Faces Fine for Environmental Violations
A chemical producer faces an EPA fine of $93,900 for failing to report the use and storage of hazardous chemicals at its Fairfield, Connecticut facility, in violation of the federal right-to-know law.
During a June 2011 inspection of the facility, EPA determined that 5N Plus had failed to follow the reporting requirements by failing to include gallium trichloride (an extremely hazardous substance) in its inventory of hazardous chemicals for 2010, and by failing to submit Tier II reports for reporting years 2008 and 2009 for chlorine gas, lead, and gallium trichloride. Following further review, EPA also determined that the company had failed to submit accurate TRI reports for lead in 2008 and 2009, and for selenium in 2010.
Accurate reporting of hazardous chemicals at facilities is critically important to ensure that emergency responders are aware of potential hazards that are present at a facility in the case of an emergency so that they can take adequate precautions to protect public health as well as their own well-being. Further, the company’s failure to file these required forms deprives the community of its right to know about chemicals stored, used, and potentially released in the neighborhood.
After the two inspections, a release of chlorine gas at the facility resulted in area-wide evacuations and worker exposure to chlorine gas. Subsequent to the release, the company moved its gallium trichloride manufacture to another facility.
The proposed penalty includes $40,500 for failure to file Tier II forms for 2008, 2009, and 2010 and $53,400 for failure to file TRI forms for reporting years 2008, 2009, and 2010.
Farm Trust Faces $23,685 Penalty for Waste Discharge Violations
The complaint alleges violations of the Central Valley Water Board’s irrigated lands waiver, as well as the late submittal of a required technical report. The alleged violations involve irrigation discharges from a 50-acre farm managed by the lessees.
Central Valley Water Board staff conducted two investigations during the 2011 crop season in response to a down-stream landowner’s complaints of sediment entering Discovery Bay from agricultural sources. During the investigations, staff found significant volumes of sediment-laden irrigation water discharging from the farmland to a tributary to Discovery Bay, waters of the Sacramento/San Joaquin Delta. In response, the Central Valley Water Board issued an order asking for a plan to reduce sediment- laden discharges from the farmland. The completed technical report was submitted by the discharger 83 days past the due date.
Sediment discharges can cause nuisance conditions and make the water unfit for downstream water users. Metals, pesticides, and pathogens can adhere to sediment particles and can be transported in sediment laden runoff to the Delta. Aquatic habitat that supports important fisheries can also be impacted by excessive sediment. The Delta is home to a number of endangered and threatened aquatic species and supplies about two-thirds of the State’s residents with drinking water.
US Liquids of Louisiana, LP, Fined for Violating the CWA
The EPA has fined US Liquids of Louisiana, LP, of Jennings, Louisiana, $13,552 for violating Spill Prevention, Control, and Countermeasure (SPCC) regulations outlined under the CWA.
A federal inspection of the company’s Bateman Island marine terminal in St. Mary Parish revealed the terminal’s SPCC plan failed to provide a prediction of equipment failures that could result in discharges, personnel working at the facility had no training on the operation and maintenance of equipment to prevent discharges, and facility inspections had not been conducted.
The company also failed to schedule periodic spill prevention briefings, address secondary containment of truck loading, unloading and transfer areas, and to regularly inspect above-ground valves, piping, and joints.
SPCC regulations require onshore production or bulk storage facilities to provide oil spill prevention, preparedness, and response to prevent oil discharges.
EPA Fines Power Plant $13,500 Following Illegal Arsenic Release
The EPA has fined Calpine Corporation, owner of a 500-megawatt natural-gas fired power plant, $13,500 for the improper management of hazardous waste at its Yuba City, California, facility.
A July 2009 inspection by EPA at the Sutter Energy Center, a subsidiary of Calpine, discovered a violation of federal requirements pertaining to the management of hazardous waste. In this case, the facility generated arsenic from the treatment of wastewater and failed to minimize releases of hazardous waste to the environment. Arsenic occurs naturally in the local groundwater, which is used in the plant’s operations.
Under the RCRA program, hazardous substances must be stored, handled, and disposed of using measures that safeguard public health and the environment. Sutter Energy Center’s actions allowed federally regulated levels of arsenic to be released to the environment, potentially exposing its workers to hazardous waste.
Sutter Energy Center has put in place cost-effective engineering controls to minimize further releases of arsenic. The facility implemented initial correction measures immediately after the inspection, and a year later installed a more permanent barrier to confine the arsenic. Together, these controls provide worker safety from arsenic exposure.
Enterprise Crude Pipeline Fined for Oil Spill in Scurry County, Texas
The EPA has fined Enterprise Crude Pipeline of Houston, Texas, $5,000 for violating the federal CWA. The announcement settles a CWA violation for a 4,200 gallon oil spill into Bull Creek, a tributary of the Colorado River, and adjoining shorelines in Scurry County, Texas. As part of an Expedited Settlement with the EPA, the company has certified it has investigated the cause of the oil spill, cleaned up the oil spill, and has taken corrective actions that will prevent future spills.
The CWA prohibits the discharge of oil or a hazardous substance into or upon the navigable waters of the US or adjoining shorelines in such quantities that have been determined may be harmful to public health. The EPA is charged with enforcing the Act and ensuring that public health and the environment are protected from harmful impacts of these violations.
Bad Bling: Jewelers Cited for Selling Lead Tainted Jewelry
Backing up repeated warnings about selling toxic jewelry the California Department of Toxic Substances Control (DTSC) and the Center for Environmental Health (CEH) announced that the California state Attorney General’s Office has filed a complaint against 16 businesses that have allegedly been supplying retailers or directly selling Californians jewelry containing high levels of lead. In addition, CEH has initiated legal action against another six jewellers for alleged violations of the state’s Proposition 65 law. Some of the toxic jewelry had labels claiming to be Lead Free.
A total of 343 tainted jewelry items, some of which were imported from Asia, were discovered as part of DTSC’s ongoing efforts to protect consumers from unnecessary toxic chemicals in everyday products.
The jewelry items, most of which were discovered at Joia Trading, Inc., in Los Angeles, contained metals which are potentially toxic to people, especially young children. DTSC alleges the 15 other businesses named in the complaint supplied the lead-tainted jewelry to Joia Trading. Furthermore, DTSC and CEH discovered some jewelry items for sale which contained high levels of cadmium, a toxic metal.
Exposure to lead can cause negative health effects ranging from behavioral problems and learning disabilities to organ failure and even death. Cadmium is a known carcinogen. Chronic cadmium ingestion can lead to kidney damage, bone loss problems, and death. Children are particularly vulnerable as they often chew suck or bite the jewelry containing these toxic metals.
DTSC and CEH officials allege that the16 companies named in the civil complaint have violated California’s Metal Containing Jewelry Law. Some have also allegedly:
made untrue or misleading statements;
made false or misleading advertising claims; and
engaged in unlawful, unfair, or fraudulent business practices in violation of California’s unfair competition law.
State officials explained that from November 2009 to May 2012 they visited 11 stores and warehouses as part of their enforcement of California’s Metal-Containing Jewelry Law. Investigators discovered over 340 jewelry items containing lead levels exceeding regulatory limits. DTSC and CEH officials displayed samples of the tainted jewelry and demonstrated methods used to initially screen the jewelry for lead and cadmium content. The jewelry was then sent to laboratories for further testing. An analysis by the DTSC Environmental Chemistry Lab found that some of the jewelry items exceeded the legal limit of metals by as much as 1,000 times the legal limit in California.
California’s Metal-containing Jewelry Law prohibits the manufacture, shipping, sale, or offering for promotional purposes jewelry for retail sale or promotional purposes in California jewelry that contains excessive amounts of lead or cadmium, among other regulated toxic metals. Cadmium levels in children’s jewelry must be no more than 300 parts per million (ppm), by weight. Under state law, lead levels in children’s jewelry must be below 600 ppm for metallic jewelry. Other materials used in children’s jewelry items must contain less than 200 ppm lead. In adult jewelry, permissible lead levels are set as high as 60,000 ppm, or as low as 600 ppm, depending on the type of material used in the jewelry.
Connecticut Releases New Title V/Title IV Permit Revision Application and Updated Title V Permit Application
The Connecticut Department of Energy and Environmental Protection (DEEP) Bureau of Air Management has created a new Revision Application for a Title V or Title IV Permit to streamline both the submittal and processing of such requests. The use of this form will reduce processing time by ensuring that all information required for the revision is submitted with the application form while excluding unnecessary information.
The main Title V Permit application form has also been updated to remove the option of requesting a permit revision as well as updating the tables in Part IV: Checklists for Applicable Requirements. Please note that there is now the opportunity to add subparts that are not listed to the end of the tables for 40 CFR Parts 60, 61, and 63, as these lists are constantly changing.
Louisiana DEQ Announces Modification of Sewage Sludge General Permit
The permit provides authorization to facilities currently holding a Louisiana Pollutant Discharge Elimination System (LPDES) permit that have sewage sludge removed from a sanitary wastewater treatment works and subsequently transported off-site for a fee or other consideration.
“The modified permit will clarify the applicability of the general permit, while streamlining the methods to obtain coverage under the general permit,” said Mitch Mitchell, Administrator of DEQ’s Water Permits Division. “The permit also refines the recordkeeping and reporting requirements, thereby expediting the overall process for both DEQ and applicable facilities.”
Coverage under this modified permit will not require submittal of a NOI, provided the facility meets the eligibility requirements of the permit.
Effective August 1, 2012, facilities eligible for coverage and seeking coverage under this general permit will be automatically covered. Effective January 1, 2013, all minor LPDES sanitary wastewater treatment facilities that do not receive domestic septage and/or portable toilet waste into their systems shall automatically become authorized permittees under this permit, provided the facility is not authorized under a different Louisiana Sewage Sludge or Biosolids Use or Disposal Permit.
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In 2011, EPA assessed how much in penalties to deter pollution?
a. $168 million
b. $225 million
c. $550 million
d. $1.25 billion