The hazardous waste included acids, alkalis, antifreeze contaminated with benzene, corrosive solvents and paint, and other related materials stored in more than 200 metal drums and five gallon buckets for more than 90 days.
“Performing timely and accurate hazardous waste determinations is a keystone of the RCRA program,” said Ed Kowalski, Director of EPA Region 10’s Office of Compliance and Enforcement. “Waste must be evaluated by the generator so that it can be safely managed and to prevent releases that endanger human health and the environment.”
The permitting process insures that hazardous waste storage facilities are operated to prevent harm to the environment or human health. Circumventing that process can lead to dangerously poor waste management.
The Consent Agreement and Final Order, signed by EPA and the North Slope Borough addresses Resource Conservation and Recovery Act violations, which occurred from 2012–2014. The drums and containers of hazardous waste have been removed from the site. As part of this agreement, the North Slope Borough will pay a $445,336 penalty.
RCRA is the federal law governing the treatment, storage, and disposal of hazardous waste. RCRA is designed to protect public health and the environment, and avoid costly cleanups, by requiring the safe, environmentally-sound storage and disposal of hazardous waste.
New Exclusions for Solvent Recycling and Hazardous Secondary Materials
EPA’s new final rule on the definition of solid waste creates new opportunities for waste recycling outside the scope of the full hazardous waste regulations. This rule, which went into effect on July 13, 2015, streamlines the regulatory burden for wastes that are legitimately recycled.
The first of the two exclusions is an exclusion from the definition of solid waste for high-value solvents transferred from one manufacturer to another for the purpose of extending the useful life of the original solvent by keeping the materials in commerce to reproduce a commercial grade of the original solvent product.
The second, and more wide-reaching of the two exclusions, is a revision of the existing hazardous secondary material recycling exclusion. This exclusion allows you to recycle, or send off-site for recycling, virtually any hazardous secondary material. Provided you meet the terms of the exclusion, the material will no longer be hazardous waste.
Learn how to take advantage of these exclusions at Environmental Resource Center’s live webcast where you will learn:
- Which of your materials qualify under the new exclusions
- What qualifies as a hazardous secondary material
- Which solvents can be remanufactured, and which cannot
- What is a tolling agreement
- What is legitimate recycling
- Generator storage requirements
- What documentation you must maintain
- Requirements for off-site shipments
- Training and emergency planning requirements
- If it is acceptable for the recycler to be outside the US
EPA Issues New Industrial Storm Water General Permit
If you were permitted under the 2008 MSGP and need to obtain coverage under the new permit, you must submit your Notice of Intent (NOI)—in accordance with the 2015 MSGP’s updated NOI requirements—by September 2, 2015.
You will learn how to:
- Obtain a stormwater discharge permit
- Develop and implement an effective SWPPP
- Select and implement effective control measures (including best management practices)
- Develop and document inspection procedures
- Implement an effective monitoring and sampling plan
- Meet your permit’s training requirements
- Comply with reporting and recordkeeping requirements
- Certify no-exposure
- Comply with permit renewal requirements
- Terminate permit coverage
EPA’s Revises Underground Storage Tank Regulations
EPA has revised the Underground Storage Tank (UST) regulations for all facilities—including those with emergency generator tanks. These are the first major revisions to the UST regulations since 1988.
The rules establish new requirements for the use of equipment to reduce releases to the environment, as well as detect releases should they occur.
Attend Environmental Resource Center’s live webcast training to learn how to comply with the latest UST requirements that impact your site. You will learn:
- Existing UST regulations and requirements
- EPA’s approved leak detection methods
- New requirements for:
- Secondary containment for new and replaced tanks and piping
- Operator training
- UST system capability for biofuel blends
- Operation and maintenance for UST systems
- Removed deferrals for emergency generator tanks, airport hydrant systems, and field constructed tanks—making these tanks fully regulated
- Updating codes and practices
Birmingham RCRA and DOT Training
Indianapolis RCRA and DOT Training
Richmond RCRA and DOT Training
Underground Storage Tank Violations Result in $1.35M Judgment
These alleged violations included failure to monitor tank systems, failure to maintain adequate spill containment, failure to perform monthly designated operator inspections, and falsifying monthly designated operator reports.
The municipal transportation agency’s history of non-compliance resulted in two enforcement actions in the last decade. In 2005, 39,000 gallons of diesel fuel spilled into the San Francisco Bay from the underground storage tank system at the John M. Woods Motor Coach Facility while sensors and alarm reports were ignored for days. The EPA imposed a $250,000 civil penalty. The San Francisco agency’s recent failure to comply with leak prevention requirements necessitates a more significant penalty.
The State Water Board’s Office of Enforcement is optimistic that this settlement, including the creation of an underground storage tank compliance management program, asset and work order management database system and a conditional suspended penalty for future violations, will motivate the SFMTA to prioritize compliance with underground storage tank laws and regulations.
“The violations identified at SFMTA’s facilities immediately following the 2005 spill were an indication to the EPA and State Water Board that similar compliance problems might exist at other underground storage tank facilities owned or operated by government agencies,” said David Boyers, assistant chief counsel of the State Water Board’s Office of Enforcement. “It is unfortunate that one of the government agencies that stimulated the need for the Government Owned Tanks initiative is continuing to act as a prime example of why the initiative was created. We hope that this settlement marks a turning point for the SFMTA to prioritize environmental compliance.”
Under the terms of the settlement, the SFMTA will pay $425,000 in civil penalties to the State Water Board; $100,000 for the reimbursement of enforcement costs and $375,000 will be suspended on the condition SFMTA completes several enhanced compliance actions. An additional $450,000 is suspended on the condition SFMTA maintains compliance with underground storage tank laws and injunctive provisions for a period of five years.
This settlement is the fourth enforcement action by the State Water Board’s Office of Enforcement under the State Water Board’s Government Owned Tanks initiative that began in 2010.
The purpose of the Underground Storage Tank Program is to protect public health and safety and the environment from releases of petroleum and other hazardous substances from tanks. There are four program elements, including leak prevention, cleanup, enforcement, and tank tester licensing.
FAA Proposes Civil Penalties Against Two Companies for Alleged Hazardous Materials Violations
The cases are as follows:
$69,000 against Premier Nail Source, Inc., of Tampa, Florida. The FAA alleges that on November 28, 2014, Premier Nail Source offered a box for shipment on a FedEx flight to Nassau, Bahamas. The box contained six 2-ounce plastic bottles of acetone, and six ½- ounce glass bottles of paint. Both materials are flammable liquids. Workers at the FedEx facility in Tampa discovered the shipment. Premier Nail is scheduled to meet with the FAA in mid-August to discuss the case.
$63,000 against Nanosil of Selangor, Malaysia. The FAA alleges that on October 4, 2014, Nanosil shipped a box containing a plastic container of butyl acetate, a flammable liquid, on a DHL Express cargo flight to Brownsville, Texas. Workers at the DHL sort facility in Erlanger, Kentucky, discovered the container emitting an odor, and found that the contents of the plastic container leaked into the box. Nanosil has 30 days from receipt of the FAA’s enforcement letter to respond to the agency.
Spills Lead to $99,000 Penalty for Emerald Services Inc.
The incidents, on December 7 and 8, 2014, involved an overflow of a tank containing dangerous waste and a spill of 100 gallons of a dangerous waste solvent. The penalty is for both those incidents, as well as training and emergency coordination violations found during the ensuing investigation.
There is a pattern of spills and incidents at Emerald’s Tacoma facility, which handles dangerous waste solvents, antifreeze and re-refines used oil. Since February 2014, Ecology has investigated 19 separate incidents reported by the company, and last issued Emerald a $68,000 penalty in April 2015, which is currently under appeal.
“Recurring spills and safety violations at Emerald are unacceptable and pose a threat to workers, neighboring businesses, and Commencement Bay,” said Darin Rice, program manager for Ecology’s Hazardous Waste and Toxics Reduction program. “As a facility trusted to safely manage hazardous waste for hundreds of Washington companies, it’s critical that they follow the safety and environmental protection conditions in their permit.”
In investigating the December 2014 spills, Ecology investigators found these spills were a result of employee error, highlighting the need for following proper training, and operational and safety procedures. The wastes spilled were flammable and toxic, posing a significant risk to human health and the environment.
“Emerald Services is committed to environmental compliance as well as employee safety, and we have and will continue to work closely with our employees to ensure all areas of concern are fully addressed,” said Sheila Smith, Director of Environmental Affairs for Emerald. “We look forward to working with Ecology to resolve the penalty and also move forward with continued improvements in our operations.”
EPA Reaches Agreement to Stop Use of TCE in Spray Fixative Products Used on Arts and Crafts
EPA has reached an agreement with a spray fixative manufacturer to voluntarily phase-out the use of trichloroethylene (TCE) in an aerosol arts and crafts spray fixative product as part of EPA’s ongoing efforts to reduce the public’s exposure to potentially harmful chemicals.
“We are pleased that a company’s voluntary efforts to eliminate TCE from their aerosol fixative product used for arts and crafts will soon mean that all consumer products of this type are TCE-free,” said Jim Jones, Assistant Administrator for the Office of Chemical Safety and Pollution Prevention. “We are also proposing a rule that will give EPA the opportunity to review and, if necessary, block introduction, including imports, of new TCE spray fixative and other consumer products before re-entry into the marketplace. This will ensure a level playing field for American companies who step up and do the right thing. In addition, we are pursuing regulatory action to reduce the risks from exposure to TCE in other products that are not voluntarily addressed.”
TCE is an example of how EPA’s assessment of existing chemicals can lead to real results that protect health and the environment.
The PLZ Aeroscience Corporation, of Addison, Illinois, has committed to cease manufacturing its aerosol spray fixative product containing TCE by September 1, 2015. This type of product is used by artists, picture framers, graphic designers, and printers to provide a water repellant and protective finish. It is the only TCE-containing spray fixative product on the market still used in arts and crafts.
EPA is issuing a proposed Significant New Use Rule (SNUR) under TSCA which requires anyone intending to initiate manufacture (including import) or processing of TCE for these uses to notify EPA at least 90 days before doing so. The notification will allow EPA to evaluate the intended use and, if necessary, to prohibit or limit the use prior to entering the marketplace. Current uses of TCE are not subject to the proposed rule.
In addition to the phase-out and SNUR, the Agency is taking a number of additional steps to reduce the risks from exposure to TCE. EPA is encouraging the transition to safer chemicals and greener processes/ technologies, promoting the use of best practices, and pursuing regulatory action under TSCA to reduce or limit the manufacture, import and use of TCE in a range of products.
Cold Storage Warehouse Company Fined $322,100 for Mishandling Anhydrous Ammonia
A Chicopee, Massachusetts, company that operates a cold storage warehouse is spending more than half a million dollars, primarily on public safety enhancements, to resolve claims it violated the federal Clean Air Act's chemical release prevention requirements in its handling of anhydrous ammonia at the facility.
In an agreement with the New England office of the US EPA, Pioneer Valley Refrigerated Warehouse (aka Pioneer Cold) agreed to pay $41,000 in penalties and to spend $322,100 on environmental projects meant to improve the safety of the surrounding community.
The environmental projects are designed to reduce the likelihood of a release of anhydrous ammonia occurring, and to limit the severity of any ammonia release that might occur from Pioneer’s facility. The settlement requires Pioneer to upgrade certain refrigeration equipment to a more protective model and to install a computerized control system at the facility. Pioneer Cold will replace two ammonia liquid pumps at the facility with hermetically sealed pumps, which nearly eliminates the potential for ammonia releases from pump failure. The computerized controls will help detect problems earlier, helping to prevent a release and minimizing the consequences of any release that does occur.
The settlement is also designed to improve emergency planning and response capabilities in the community surrounding the facility. Pioneer Cold will provide emergency response equipment to emergency responders within the City of Chicopee. The equipment includes two types of gas detectors, and requires funding for five years of calibrating the units. The company will also contract with a consultant to develop and conduct a table-top exercise program for company employees and members of the Chicopee Fire Department to discuss their roles during an emergency and their responses to particular emergency scenarios.
The EPA action resulted from a Commonwealth of Massachusetts “Urban Compliance Initiative” and followed a referral from the Massachusetts Department of Environment Protection (MassDEP) for concerns outside of state jurisdiction. MassDEP officials joined EPA on the Dec. 2012 inspection on-site at Pioneer. In January 2013 the state issued a $33,718 penalty against Pioneer for failure to notify the state of a release of anhydrous ammonia in August 2008 and for failure to respond to a request for information about that release.
According to the inspection, Pioneer failed to comply with management requirements of the RMP regulations; failed to accurately evaluate off-site consequences in release scenarios; failed to adequately identify, evaluate, and control hazards; failed to comply with safety information, operating procedures, training, mechanical integrity, compliance audit, and contractor requirements; and failed to have an adequate emergency response program.
“Ammonia refrigeration facilities must remain aware of the risks associated with the use of this chemical. While ammonia is an efficient refrigerant with environmental advantages, the associated risks mean that companies need to be certain they are operating safely by carefully following federal and state standards,” said Curt Spalding, regional administrator of EPA’s New England office.
“I am very pleased by the work done by MassDEP’s Western Regional Office as part of our Urban Compliance Initiative, which identified this issue,” said MassDEP Commissioner Martin Suuberg. “The improvements at Pioneer Cold not only ensure compliance at this facility, but it also enhances the city’s emergency response capabilities to protect all residents and greatly reduces the risk to residents in the neighborhood of release of anhydrous ammonia.”
Idaho Transportation Department Failed to Perform Advance Asbestos Inspection
According to the EPA, ITD failed to inspect a former commercial building located in Priest River, Idaho, for possible asbestos contamination prior to its demolition and failed to notify EPA of its intent to demolish the building. The settlement includes a $51,986 penalty.
In November of 2014, the "Jachetta" building in Priest River, Idaho, was demolished by state workers without a thorough advance asbestos inspection and without properly reporting the project to the EPA. According to case documents, ITD hired a consultant only after it demolished the building, in response to a public complaint. The retained consultant found materials with a range of 2%–55% asbestos in the debris pile. ITD then hired a certified asbestos cleanup contractor who completely removed a total of 14 cubic yards (two truckloads) of contaminated debris by early December 2014.
Ed Kowalski, Director of EPA’s Office of Enforcement, admitted frustration with ITD’s continuing lack of diligence in responsible asbestos management.
"Despite assurance from ITD that they will closely follow asbestos regulations and protect their workers, we are still issuing penalties on what should be straightforward project management," said EPA’s Kowalski. "We’re confident that our enforcement and compliance program will ultimately help them to realize the value of doing the right thing."
Under federal asbestos law, building owners are required to inspect and report the presence of any asbestos products before starting demolition. ITD did not inspect the building prior to demolition or report the planned demolition to the EPA.
Asbestos are fibers that occur in rocks and soil, commonly found in building materials such as floor tiles, roofing shingles, paper products, heat resistant fabrics, packaging, gaskets, and coatings. The release of asbestos fibers can negatively affect human health causing lung disease, lung cancer, mesothelioma, and asbestosis. The EPA has regulated asbestos since the 1970's to protect public health.
As recently as June 2014, the EPA settled another asbestos enforcement case with ITD that involved similar charges at a building in Rigby, Idaho. That case included a $55,800 penalty.
Crown Equipment’s New Bremen Plant Receiving Top Environmental Recognition by Ohio EPA
Crown, which is one of the world’s largest material handling companies, designs, manufactures, distributes, and services forklifts, material handling equipment, and associated components. Crown promotes a corporate culture that embraces environmental sustainability and environmentalism.
In 2014, Crown was the first company to earn E3 gold level recognition at its nearby New Knoxville manufacturing facility. The electronics assembly plant in New Bremen will be the company’s second and the state’s fifth gold level facility. Crown’s world headquarters is located in New Bremen.
“It’s quite an accomplishment to have a second plant earn gold status in our E3 program. Crown continues to demonstrate that its commitment to environmental responsibility and sustainability is part of being a good corporate citizen,” Assistant Director Factor said.
The award-winning plant, one of five Crown plants in New Bremen, manufactures and assembles the circuit boards and control modules for Crown forklifts. This supports the company’s vertical integration philosophy, which enhances quality control and ensures best practices in design, manufacturing, and environmental management.
The E3 program acknowledges Ohio businesses and other organizations for completing environmentally beneficial activities and serves as an incentive to commit to ongoing environmental stewardship. The gold level recognizes businesses that exceed regulatory compliance obligations and commit to long-term strategies to reduce waste, lower emissions, and improve environmental performance.
“Crown Equipment’s dedication to environmental sustainability and stewardship reflects the wishes and values of our customers and our employees, and has been institutionalized through our Ecologic program,” said Jim Dicke III, president, Crown Equipment. “Those values are at the core of our long-standing environmental management programs intended to minimize our impact and improve the environment while meeting the needs and expectations of our customers.”
Crown’s Ecologic program is founded on the principles of minimizing waste, managing energy and maximizing lifespan. This employee-driven improvement program led to increased use of returnable containers, eliminating the generation of cardboard waste from the facility. The electronics assembly plant is ISO 14001 compliant and has achieved zero landfill status.
The company installed a closed-loop steam cleaning system at the facility, replacing a solvent-based system and eliminating chemical use while responsibly using and reusing water. Crown also recycles metals, including copper, gold, silver, brass, lead, nickel, tin, and scrap steel along with other recyclable materials such as plastic bottles, banding, bubble and shrink wrapping, paper, and cardboard. Lighting and HVAC upgrades are expected to reduce energy consumption.
To earn a gold-level award, a business must have an excellent environmental compliance record, exceed regulatory compliance obligations and commit to long-term strategies to reduce waste, lower emissions, and improve environmental performance. The award is open to business, industry, professional and trade organizations, and government entities in Ohio.
Caltrans and General Contractor Fined for Polluting Shasta Lake
“Shasta Lake is our state’s largest drinking water reservoir, and protecting it from pollutants associated with highway construction is a priority for EPA,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “California’s drought means we need to do all we can to safeguard our dwindling water supplies from contamination.”
Caltrans discharged approximately 33,000 lb of sediment to Shasta Lake, according to EPA estimates. In addition to paying the penalty, under the State’s General Permit Caltrans must continue to install and maintain erosion and sediment controls. Tutor-Saliba, one of the nation’s largest general contractors, discharged a total of 8.5 gallons of diesel fuel, 50 gallons of hydraulic fluid, and hundreds of gallons of dewatering slurry to the lake on 25 instances between 2011 and 2013.
At over $129 million, the Antlers Bridge Replacement project is one of the largest and most expensive structures recently built in Northern California. Originally built in 1943, Antlers Bridge is over two decades past its 50-year design life. As one of the primary trucking routes on the West Coast, heavy use has stressed the bridge. Once completed, the new bridge will have a lifespan of 100 years.
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Trivia Question of the Week
Which of the following lightbulb types uses the least energy, resulting in fewer greenhous gas emissions?
a) Incandescent
b) Compact fluorescent
c) Halogen
d) Eco-Incandescent
