The DOT’s Pipeline and Hazardous Materials Safety Administration recently received the following notice:
EPA Report Details How Development Can Impact Public Health, Environment
EPA recently released its most comprehensive review to date on how the built environment—the way we build our cities and towns—directly affects our environment and public health. The report was announced by EPA Acting Administrator Bob Perciasepe during a national Twitter Town Hall meeting in Washington, DC with Maurice Jones, Deputy Secretary of the US Department of Housing, and Development (HUD), and John Porcari, Deputy Secretary of the US Department of Transportation (DOT).
The publication, Our Built and Natural Environments: A Technical Review of the Interactions among Land Use, Transportation, and Environmental Quality, provides evidence that certain kinds of land use and transportation strategies—where and how we build our communities—can reduce the environmental and human health impacts of development.
“Although findings might differ on the magnitude of the effects of different practices, the evidence is overwhelming that some types of development yield better environmental results than others,” the report asserts.
“This report will be useful for communities across the country looking to make smart development decisions,” said EPA Acting Administrator Bob Perciasepe. “Whether it’s housing, transportation, or environmental issues, this report can help communities protect public health and the environment by avoiding harmful development strategies.”
The publication is important and timely because population growth and demographic changes will substantially alter the way our nation is developed over the next half century and beyond.
“Researchers have estimated that as much as two-thirds of the development that will exist in 40 to 45 years does not exist today,” the report states, “meaning that decisions we make about how and where that development occurs could significantly affect our health and the health of the environment.”
The report, the second edition of a popular document published in 2001, summarizes trends in land use, buildings, travel behavior, population growth, and the expansion of developed land. It then discusses the environmental consequences of these trends, such as habitat loss, degradation of water resources and air quality, urban heat islands, greenhouse gas (GHG) emissions and global climate change, and other health and safety effects. Environmental impacts linked to building and development patterns include:
- At least 850,000 acres of lakes, reservoirs, and ponds and 50,000 miles of rivers and streams are thought to be impaired by stormwater runoff
- Although technology has reduced per-car vehicle emissions, an approximate 250% increase in vehicle miles travelled since 1970 has offset potential gains
- Transportation is responsible for 27% of US GHG emissions; residential and commercial buildings contribute 18% and 17%, respectively.
The report concludes by describing ways to reduce such effects. Strategies include safeguarding sensitive areas; focusing development in built-up areas and around existing transit stations; building compact; mixed-use developments; designing streets that are safe for all users, including walkers and bikers; and using green building techniques.
Perciasepe, Jones, and Porcari held the town hall to commemorate the fourth anniversary of the HUD-DOT-EPA Partnership for Sustainable Communities and talk with communities about how the federal government can be of assistance.
Dayton RCRA and DOT Training
Raleigh RCRA, DOT, and EHS Training
Macon RCRA and DOT Training
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.
EPA Seeks Input on New Clean Air Standards for Solid Waste Landfills
EPA is inviting small businesses, governments, and not-for-profit organizations to participate as Small Entity Representatives (SERs) for a Small Business Advocacy Review (SBAR) Panel.
The Clean Air Act requires EPA to review new source performance standards every eight years and revise them if necessary. EPA is under a court-ordered deadline to complete its review and propose how to address the results of that review by February 4, 2014, and to take final action by December 17, 2014.
The panel will include federal representatives from the Small Business Administration (SBA), the Office of Management and Budget (OMB), and EPA. The panel members ask a selected group of SERs to provide advice and recommendations on behalf of their company, community, or organization to inform the panel members about the potential impacts of the proposed rule on small entities.
EPA seeks self-nominations directly from the small entities that may be subject to the rule requirements. Other representatives, such as trade associations that exclusively or at least primarily represent potentially regulated small entities, may also serve as SERs.
Self-nominations may be submitted through the link below and must be received by July 5, 2013.
Municipal solid waste landfills are disposal facilities in or on land for household waste. These landfills may receive certain other types of waste, such as non-hazardous sludge and commercial solid waste. Emissions from municipal solid waste landfills, known as “landfill gas,” occur from decomposition of wastes.
Settlement with Ash Grove Cement Company to Reduce Thousands of Tons of Air Emissions
Ash Grove Cement Company has agreed to pay a $2.5 million penalty and invest approximately $30 million in pollution control technology at its nine Portland cement manufacturing plants to resolve alleged violations of the Clean Air Act, announced the Department of Justice and the EPA.
The agreement will reduce more than 17,000 tons of harmful nitrogen oxides (NOx) and sulfur dioxide (SO2) pollution each year across plants located in Foreman, Arkansas; Inkom, Idaho; Chanute, Kansas; Clancy, Montana; Louisville, Nebraska; Durkee, Oregon; Leamington, Utah; Seattle, Washington; and Midlothian, Texas.
“Today’s settlement will reduce air pollution that can harm human health and contribute to acid rain, haze, and smog,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “The new stringent limits on emissions will lead to less pollution and better air quality for communities across the country.”
“This significant settlement will achieve substantial reductions in air pollution from Ash Grove’s Portland cement manufacturing facilities and benefit the health of communities across the nation,” said Acting Assistant Attorney General Robert G. Dreher. “The agreement reflects the Justice Department’s ongoing commitment to protecting public health and the environment through enforcement of the nation’s Clean Air Act.”
In addition, Ash Grove has agreed to spend $750,000 to mitigate the effects of past excess emissions from several of its facilities.
Ash Grove is required to reduce NOx emissions at nine kilns, some of which will have the lowest emission limits of any retrofit control system in the country. Modern pollution controls must be installed on every kiln to reduce PM emissions, and on several kilns to reduce SO2 emissions.
In addition, at its Texas facility, Ash Grove will shut down two older, inefficient kilns, while a third will be replaced with a cleaner, newly reconstructed kiln.
Ash Grove will also spend $750,000 on a project to replace old diesel truck engines at its facilities in Kansas, Arkansas, and Texas, which are estimated to reduce smog-forming nitrogen oxides by approximately 27 tons per year.
This is also the first settlement with a cement manufacturer that requires injunctive relief and emission limits for PM. SO2 and NOx, two key pollutants emitted from cement plants, can harm human health and are significant contributors to acid rain, smog, and haze. These pollutants are converted in the air into fine particles of particulate matter that can cause severe respiratory and cardiovascular impacts, and premature death.
Eight states and one local agency have joined the United States in the settlement, including: Arkansas, Idaho, Kansas, Montana, Nebraska, Oregon, Utah, Washington, and the Puget Sound Clean Air Agency.
The settlement was lodged recently in the US District Court for the District of Kansas and is subject to a 30-day public comment period and final court approval.
American Chemical Society Global Program Tackles Safe Drinking Water in Colombia
The Global Innovation Imperatives (Gii) program, administered by the American Chemical Society (ACS) Office of International Activities, recently issued a white paper outlining possible solutions for increasing access to safe drinking water in the rural areas of the world. Although focused on the community of Chocont?, in Colombia, the suggested solutions have broader application.
Chocont? residents rely on rural aqueducts for their water, but supplies are vulnerable to pollution from nearby agriculture and largely go untreated. City officials asked ACS, the world's largest scientific society, to help solve the problem, noting that the solutions likely would apply to other areas of the country and possibly the world.
“The recommendations in this report should solve local problems but could be easily replicated elsewhere,” said Francisco Gomez, assistant director of the ACS Office of International Activities. “If other areas in the region have this same problem, there is a good probability that the recommendations will offer solutions.”
Gii’s mission is to solve global challenges such as increasing access to safe drinking water and ensuring food security, Gomez explained. The approach involves bringing together experts within ACS, as well as other scientific societies and nongovernmental organizations, to share knowledge and expertise and propose innovative solutions—essentially building a community around a problem.
To produce the Chocont? report, ACS partnered with the Colombian Society of Chemical Sciences (SOCOLQUIM), the Brazilian Chemical Society and the Latin American Federation of Chemical Associations, along with experts from the US Geological Survey and Conservaci?n Internacional. The team conducted field visits to work toward the goal of providing clean water for all residents of the community.
The recommendations in the new report came out of discussions at the International Forum on Sustainable Conservation of Water Sources & Basins & Operation of Sidewalk Aqueducts of Chocont?, which was held in Bogot?, Colombia, in October 2012.
This is the second report issued by Gii. Its first white paper outlined recommendations for sustainable and cost-effective solutions to water quality challenges in India.
Gii’s next forum, scheduled to take place later this year, will address water scarcity in a community in the south of Brazil. A white paper with recommendations will follow.
California and Shenzhen, China, Sign Agreement to Cooperate on Fighting Climate Change
Moving to further strengthen California's ties with China, California Air Resources Board Chairman Mary Nichols and Director of the Shenzhen Development and Reform Commission Xu Anliang signed a memorandum of understanding in Shenzhen that will expand cooperation at the subnational level to tackle global climate change.
The agreement builds on the significant diplomatic and business exchanges between California and China over the past year and a half, including the Governor’s Trade and Investment Mission to China in April—which featured a visit to Shenzhen and Governor Brown's meetings with President Xi Jinping earlier this month and last February.
Under the recent agreement, California and Shenzhen have agreed to work together to share policy design and early experiences from their climate trading programs, in order to build strong, stable, and growing markets for clean energy technology and GHG emission reductions.
Chairman Nichols was invited by the Mayor of Shenzhen to participate in the recent inauguration of China’s first Emissions Trading System (ETS). The event, which represents an important milestone in China’s efforts to combat climate change, included a national conference attended by China's national leaders on climate change, including Vice Chairman of the National Development and Reform Commission Minister Xie Zhenhua. Leaders of the seven provinces and cities hosting China's first ETS pilots also attended this conference, together representing over 200 million Chinese residents.
“Congratulations to Shenzhen for taking this important step forward today,” said Nichols at the inauguration ceremony. “We are pleased to work with you in the effort to combat global climate change. The actions of states, provinces, and cities are creating a foundation that national and international action can spring from. We are blazing the trail.“
The collaboration will focus on building effective systems for data gathering, emissions verification, market monitoring, compliance and enforcement. Additionally, California and Shenzhen agree to monitor and share the best available climate and pollution-related science and research. The goal is to use the data to identify and evaluate additional policies, including performance standards, and to support low-carbon economic growth and reduce toxic air pollution.
During the Governor’s visit to Shenzhen in April, he discussed joint action on climate change with Shenzhen Party Secretary Wang Rong and toured Shenzhen-based electric vehicle and battery technology company, BYD.
While in China Chairman Nichols will also meet with representatives of the national government to discuss follow-up actions to Governor Brown's April trip to China and his recent meeting with President Xi. Areas of discussion will include next steps to share information on the most successful approaches that have been developed to control climate change and air pollution.
Possible Record-Setting Dead Zone for Gulf of Mexico
That would range from an area the size of Connecticut, Rhode Island, and the District of Columbia combined on the low end to New Jersey on the upper end. The high estimate would exceed the largest ever reported 8,481 square miles in 2002.
Hypoxic (very low oxygen) and anoxic (no oxygen) zones are caused by excessive nutrient pollution, often from human activities such as agriculture, which results in insufficient oxygen to support most marine life in near-bottom waters. Aspects of weather, including wind speed, wind direction, precipitation and temperature, also impact the size of dead zones.
The Gulf estimate is based on the assumption of no significant tropical storms in the two weeks preceding, or during, the official measurement survey cruise scheduled from July 25-August 3 2013. If a storm does occur the size estimate could drop to a low of 5,344 square miles, slightly smaller than the size of Connecticut.
This year’s prediction for the Gulf reflects flood conditions in the Midwest that caused large amounts of nutrients to be transported from the Mississippi watershed to the Gulf. The overall average between 1995-2012 is 5,960 square miles, an area about the size of Connecticut.
A second NOAA-funded forecast, for the Chesapeake Bay, calls for a smaller than average dead zone in the nation’s largest estuary.
The forecasts call for a mid-summer hypoxic zone of 1.46 cubic miles, a mid-summer anoxic zone of 0.26 to 0.38 cubic miles, and a summer average hypoxia of 1.108 cubic miles, all at the low end of previously recorded zones. Last year the final mid-summer hypoxic zone was 1.45 cubic miles.
This is the seventh year for the Bay outlook, which, because of the shallow nature of large areas of the estuary, focuses on water volume or cubic miles, instead of square mileage as used in the Gulf.
“Monitoring the health and vitality of our nation’s oceans, waterways, and watersheds is critical as we work to preserve and protect coastal ecosystems,” said Kathryn D. Sullivan, Ph.D., acting under secretary of commerce for oceans and atmosphere and acting NOAA administrator. “These ecological forecasts are good examples of the critical environmental intelligence products and tools that help shape a healthier coast, one that is so inextricably linked to the vitality of our communities and our livelihoods.”
During May 2013, stream flows in the Mississippi and Atchafalaya rivers were above normal resulting in more nutrients flowing into the Gulf. According to USGS estimates, 153,000 metric tons of nutrients flowed down the rivers to the northern Gulf of Mexico in May, an increase of 94,900 metric tons over last year’s 58,100 metric tons, when the region was suffering through drought. The 2013 input is an increase of 16% above the average nutrient load estimated over the past 34 years.
For the Chesapeake Bay, USGS estimates 36,600 metric tons of nutrients entered the estuary from the Susquehanna and Potomac rivers between January and May, which is 30% below the average loads estimated from1990 to 2013.
“Long-term nutrient monitoring and modeling is key to tracking how nutrient conditions are changing in response to floods and droughts and nutrient management actions,” said Lori Caramanian, deputy assistant secretary of the interior for water and science. “Understanding the sources and transport of nutrients is key to developing effective nutrient management strategies needed to reduce the size of hypoxia zones in the Gulf, Bay and other US waters where hypoxia is an on-going problem.”
“Coastal hypoxia is proliferating around the world,” said Donald Boesch, Ph.D., president of the University of Maryland Center for Environmental Science. “It is important that we have excellent abilities to predict and control the largest dead zones in the United States. The whole world is watching.”
The confirmed size of the 2013 Gulf hypoxic zone will be released in August, following a monitoring survey led by the Louisiana Universities Marine Consortium beginning in late July, and the result will be used to improve future forecasts.
Alabama Cleans Up 5.6 Million Pounds of Illegal Scrap Tires
In March 2013 work began to clean up more than 5.6 million lb. of illegally dumped scrap tires near Holt in rural Tuscaloosa County. As of today the clean up is complete.
Scrap tires represent not only an eyesore, but a very real environmental and health risk. Discarded tires provide a breeding ground for vectors including mosquitoes and rodents. Often scrap tire dumps catch on fire putting nearby land and structures at risk of fire. Air pollution from burning tires is both an environmental and potential health insult.
The work was accomplished using money from the Alabama Scrap Tire Fund, which is administered by ADEM and the Alabama Scrap Tire Commission. The Alabama Scrap Tire Fund is supported by a $1-per-tire fee collected on replacement tires sold in Alabama.
The Holt site was selected for cleanup based on a statewide prioritization process utilizing specific site ranking factors including the estimated volume of scrap tires and the proximity to residential areas, schools, and health care facilities as well as the potential human health and environmental threats posed by the site.
Potential contractors must meet stringent pre-qualifying requirements to ensure they have the appropriate experience, proper equipment, and sufficient financial resources to accomplish the large-scale cleanup. Qualifying contractors are subject to a competitive process. Burton Builders, Inc./ATLACO, LLC, of Belmont, Mississippi was the winning bidder and performed the work. The Department conducted oversight activities during the cleanup to monitor progress of the project.
The completion of the project marks the fifth cleanup of a large-scale unauthorized scrap tire dump. Previous remediation projects in Attalla and Prichard were completed in 2008 and 2009, respectively while projects in Robertsdale and Geneva were completed in 2011. More than seven million scrap tires have been removed from these large-scale, unauthorized dumps with a portion of the material being beneficially re-used in manufacturing or as an industrial fuel.
Air Resources Board Steps Up Border Area Enforcement for Diesel Trucks
The Air Resources Board has stepped up enforcement of its diesel truck regulations to ensure that only vehicles compliant with California's stringent anti-pollution laws travel across the US border into the state.
All trucks transporting cargo originating from, or going to, a regulated port or rail yard in California must be compliant drayage trucks. Among other violations ARB staff is looking for at the border are dray-offs. A dray-off occurs when a compliant truck exchanges cargo with a noncompliant truck on or off port property.
“Starting last fall, ARB staff has been regularly visiting the border towns of Otay Mesa and Calexico to educate truckers and business owners in English and Spanish about how to comply with our regulations and what happens when you don’t,” said ARB Enforcement Chief Jim Ryden. "We have been working diligently to send a strong, consistent message that the benefits of compliance far outweigh the risks of ignoring or procrastinating when it comes to cleaning up your vehicles or participating in illegal dray-off.
Drayage trucks that engage in dray-offs are circumventing regulatory requirements, adversely impacting the air quality of the surrounding communities. The illegal activity also provides an unfair advantage over those who have spent money to comply.
Truckers may receive stiff penalties for participating in dray-off. In addition, motor carriers and transport companies that dispatch trucks involved in dray-offs can face fines, too. In 2012, ARB conducted 3,650 inspections on 1,938 trucks in Otay Mesa, Calexico, and Tecate to check compliance with a variety of rules including excessive idling, correct engine labeling, smoke emissions and tampering, and use of verified emissions reductions equipment for compliance with ARB regulations. A total of 261 citations were issued.
“Working with the Otay Mesa Chamber of Commerce, visiting trade shows, and conducting well-attended workshops and classes have been instrumental in reaching the local trucking industry,” said Ryden. “We are pleased that they have embraced this issue and are eager to help us get our message out.”
Despite decades of progress in cleaning up the air, California still has the poorest air quality in the nation, which has led to passage of progressive regulations to fight the problem. One of these is the Drayage Truck Regulation that focuses on diesel-fueled trucks that transport marine or rail cargo and containers.
These trucks must be registered with ARB and be upgraded or replaced according to a specific timetable. The Truck and Bus regulation also requires heavy duty diesel trucks to be cleaned up.
Diesel exhaust contains a variety of harmful gases and over 40 other known cancer-causing compounds. In 1998, California identified diesel particulate matter as a toxic air contaminant based on its potential to cause cancer, premature death, and other health problems.
Consultant to Serve Jail Time for Fraud Against State’s UST Cleanup Fund
Kurt Kane Hayden, 54, pled guilty in Santa Barbara Superior Court to one felony count of filing a false claim in the form of fraudulent bills submitted to the State Water Resources Control Board’s (State Water Board) Underground Storage Tank (UST) Cleanup Fund (Cleanup Fund).
As part of the plea agreement, Hayden will repay the Cleanup Fund $1.6 million and serve 180 days in the county jail. In addition, Hayden will serve 3 years of probation, during which he will surrender his professional licenses and discontinue environmental remediation work.
The case was prosecuted by the Office of the Attorney General on behalf of the People of the State of California. The investigation was conducted by the Fraud, Waste, and Abuse Prevention (FWA) Unit within the State Water Board. The FWA Unit, originally a pilot project, was made permanent on April 1, 2013.
“The result of the Hayden case is a reflection of the Unit’s dedication and commitment to prosecuting individuals committing fraud against the Cleanup Fund,” said Cris Carrigan, Director of the Office of Enforcement. “Expect to see more prosecutions in the coming year.”
This plea agreement resolves both the criminal and civil allegations against the Haydens and Hayden Environmental, Inc. Charges against co-owner and wife Julie Hayden have been dismissed.
Green Infrastructure Center and New York DEC Announce New Green Infrastructure Planning Guide
The Green Infrastructure Center Inc. (GIC) and the New York State Department of Environmental Conservation (DEC) recently released a New York edition of a green infrastructure planning guide that will help communities protect and restore vital green infrastructure that can help mitigate flooding, while at the same time performing critical life sustaining functions like cleaning the air and water. Based on GIC's six years of field testing and a case study conducted in Ulster County, New York, the guide shows communities how to map their most significant natural resources and make plans to conserve or restore them.
Naturally occurring green infrastructure is a valuable protection during flooding events and to mitigate storm water runoff. The trees and other vegetation in these natural systems provide a host of additional environmental, social and economic benefits including filtering pollutants from the air, water, and soil; moderating temperatures and reducing energy use; providing wildlife habitat; storing carbon; providing food, wood and other natural resources; increasing property values; providing recreational opportunities and improving quality of life. The guide, "Evaluating and Conserving Green Infrastructure Across the Landscape: A Practitioner's Guide," details how to catalogue a community's natural, green infrastructure assets and how to evaluate the different natural assets and to prioritize them for long-term stewardship.
GIC's Director Karen Firehock said, "While most people prefer to make land-use decisions that restore the environment, land planners and decision makers may still overlook key natural resources. Just as we plan for our gray infrastructure—roads, bridges, power lines, pipelines, sewer systems—so should we plan to conserve natural resources as our green infrastructure. This is not a guide about how to stop development or to limit population growth. Rather, it describes the steps a community can take to determine what is important and to develop a rationale for what to protect. Development can then occur in a manner that recognizes and protects the area's most important resources. In already developed areas, resources can be restored and revitalized."
"DEC worked collaboratively with GIC and EPA to support the creation of this guide that provides New York's counties with comprehensive information about its natural resources to strategically plan for maximum social, economic and environmental benefits," said DEC Commissioner Joe Martens. "As the Cuomo Administration strives to develop more resilient critical infrastructure systems through the Governor's NYS2100 Commission, this guide will help local officials capitalize on the concepts of the Commission. County by county, this is a blueprint for statewide sustainability."
"Protecting green infrastructure and the natural assets it provides is key to protecting healthy aquatic ecosystems and watersheds," said Laura Gabanski, national coordinator for the US EPA's Healthy Watersheds Initiative.
Naturally occurring green infrastructure includes all the interconnected natural systems in a landscape, such as intact forests, woodlands, wetlands, parks, and rivers, as well as those agricultural soils that provide clean water, air quality, wildlife habitat, and food.
Recent events such as Storm Sandy and Hurricane Irene have made New Yorkers more aware of the need to identify hazard areas and to conserve areas subject to flooding or erosion. The guide not only helps planners create maps to better prepare their localities for future hazards but also helps with long-term planning to conserve their best resources, such as key agricultural soils and sensitive watersheds.
The Practitioner's Guide provides practical steps for creating green infrastructure maps and plans for a community. It draws from field tests GIC conducted over the past six years to learn how to evaluate and conserve natural resources. To test the applications for New York, a pilot study was conducted in Ulster County.
"Ulster County has remarkable natural resources that our residents and visitors enjoy," said Amanda LaValle, coordinator for the Ulster County Department of the Environment. "However, these resources are not just of local significance but are also critical to the region. Agricultural lands in Ulster County provide fresh, local produce to the region and our pristine streams and forests of the county provide clean drinking water for both Ulster residents and the region."
The guide was developed with $60,000 provided by the EPA's Healthy Watersheds Initiative in partnership with DEC, the Green Infrastructure Center, the Cadmus Group and Ulster County.
DEC provided much of the data enabling the mapping and analysis of natural resources. All of the data that has been compiled and mapped can be analyzed in any combination of ways to better inform and support various DEC programs as well, including stormwater and flood management, water and air quality issues, locating waste disposal sites, and open space and wildlife protection.
Quarry Fined $10,300 for Oil Spills into Smuggler's Cove
The Washington Department of Ecology has fined the owner and operator of a rock quarry on Lummi Island $10,300 for spilling 79 gallons of oil to Smuggler’s Cove last year. The quarry is owned by Lummi Rock and operated by Aggregates West, Inc.
Between March and September 2012, Ecology documented five separate oil spills into the cove from a pair of sunken barges owned by the companies. Smuggler’s Cove is part of Bellingham Bay and Puget Sound and an important habitat for salmon and other fish, bird, and mammal species.
The barges—converted from old ships—had been at the bottom of the cove for several years. The spills occurred while quarry contractors worked to pull the sunken barges from the cove.
Initially, the barges periodically released small amounts of heavy oil trapped in the old hulls. Then the largest spill happened in September, when 75 gallons of diesel fuel spilled.
The companies placed oil containment boom around the sunken barges and conducted cleanups after each spill.
The fuel appeared to have leaked from a 300-gallon tank onboard one of the sunken barges. The tank was not discovered until after the barges had been pulled from the water for scrapping.
In addition to the penalty, Ecology has billed the companies $2,668 to recoup costs the department incurred for responding to the spills in March, August, and September. The company also will be required to compensate the public $3,943 for damages to state natural resources. The assessment is based on the amount spilled and resources placed at environmental risk.
Ecology does not benefit from penalty payments. The final penalty amount owed and collected is deposited in special accounts that pay for environmental restoration and enhancement projects.
Wyoming to Lead Further Investigation of Water Quality Concerns Outside of Pavillion
The State of Wyoming is announcing that it will further investigate drinking water quality in the rural area east of Pavillion, Wyoming. This will be done with the support of the EPA. The State of Wyoming intends to conclude its investigation and release a final report by September 30, 2014. The State’s investigation seeks to clarify water quality concerns and assess the need for any further action to protect drinking water resources. Wyoming will continue its work to assure residents have a clean source of drinking water available.
“It is in everyone’s best interest—particularly the citizens who live outside of Pavillion—that Wyoming and the EPA reach an unbiased, scientifically supportable conclusion,” Governor Matt Mead said. “I commend the EPA and Encana for working with me to chart a positive course for this investigation. I commit that Wyoming will work in a thoughtful and productive manner as further investigation is initiated.”
In 2009, at the request of citizens living outside of Pavillion who reported objectionable taste and odor in their well water, EPA began working with the State of Wyoming and the Northern Arapaho and Eastern Shoshone Tribes to identify the source and extent of impacts on domestic well water quality. To date, after five phases of sampling, EPA’s domestic water well sampling results have documented constituents of concern; however a source of those constituents has not been determined. EPA efforts to evaluate potential migration pathways from deeper gas production zones to shallower domestic water wells in the Pavillion gas field are inconclusive.
Wyoming, through the WOGCC and the WDEQ will conduct a comprehensive review of all relevant data and initiate an additional science-based investigation. The sampling data obtained throughout EPA’s groundwater investigation will be considered in Wyoming’s further investigation. The WOGCC and WDEQ will retain the services of an independent expert or experts to assist staff with the reviews, investigations, analyses and preparation of final reports. EPA and Encana Oil and Gas (USA), Inc., will have the opportunity to provide input to the State of Wyoming and recommend third-party experts for the State’s consideration.
While EPA stands behind its work and data, the agency recognizes the State of Wyoming’s commitment for further investigation and efforts to provide clean water and does not plan to finalize or seek peer review of its draft Pavillion groundwater report released in December 2011. Nor does the agency plan to rely upon the conclusions in the draft report. EPA is conducting a major research program on the relationship between hydraulic fracturing and drinking water in different areas of the country and will release a draft report in late 2014. EPA will look to the results of that national program as the basis for its scientific conclusions and recommendations on hydraulic fracturing.
“In light of this announcement, we believe that EPA’s focus going forward should be on using our resources to support Wyoming’s efforts, which will build on EPA’s monitoring results,” said EPA Acting Administrator Bob Perciasepe. “We applaud the leadership of Wyoming in conducting further investigation and assuring safe water and look forward to partnering with the State as it conducts its investigation.”
“Encana has chosen to make a grant in the amount of $1.5 million to the Wyoming Natural Resource Foundation to be used for further investigation by the State of Wyoming and for a statewide education and awareness program through the Wyoming Association of Conservation Districts related to best practices and permitting guidelines for the benefit of Wyoming’s citizens and industries in conjunction with initiatives that support and protect rural water supplies,” stated Jeff Wojahn, President of Encana Oil and Gas (USA), Inc. “The Wyoming Association of Conservation Districts, among other things, provides leadership for the conservation of Wyoming’s soil and water resources and also promotes the wise use of Wyoming’s water. Additionally, Encana will continue to provide interim funding to the Wyoming Association of Rural Water Systems, an independent entity that has been providing water for certain Pavillion residents.”
Wyoming retains the discretion to allocate the grant from Encana to the Wyoming Natural Resource Foundation to support the State’s efforts as the next phase of this investigation is initiated. “Wyoming and Encana understand the importance of water in this state and I am pleased to see their continued commitment to the scientific investigation and to provide interim funding for water to the residents while that investigation progresses,” Governor Mead said.
In 2012 Governor Mead and the Wyoming Legislature appropriated $750,000 for the design, construction and installation of residential cistern systems and a water loading station in the Town of Pavillion. Installation of 20 cisterns and the water loading station should be finished soon. There will be other opportunities for residents who live outside of Pavillion and have not yet requested a cistern to do so. Wyoming will work with residents to identify acceptable means of providing water to their rural homes for years to come. Wyoming will continue to strive to meet one of its highest priorities – finding solutions to drinking water concerns.
As part of the State’s investigation, fourteen domestic water wells located in the Pavillion oil and natural gas field will be further evaluated for water quality and palatability concerns. The WOGCC will also prepare a report concerning the status and reclamation of historic production pits in the Pavillion Field. In addition, WOGCC will prepare a report concerning the integrity of all oil and natural gas exploration and production wells within 1320 feet of the fourteen domestic water wells identified for further investigation. The WDEQ will evaluate the data, conclusions and recommendations contained in the WOGCC’s well bore integrity and pits final reports. In its review the WDEQ will consider all relevant data for each of the fourteen domestic water wells. The WDEQ will then conduct two rounds of sampling of some or all of the fourteen domestic water wells. The WDEQ will determine if further investigation, including additional sampling, is necessary using exceedances of EPA primary and secondary contaminant levels and WDEQ Water Quality Rules and Regulations as a trigger.
Activities in the Pavillion gas field highlight several considerations including the importance of collecting baseline water quality data and proper water quality information and education. Wyoming has initiated a process for establishing a uniform regulation for the collection of baseline water quality data prior to and after oil and natural gas development.
An Environmentally Friendly Battery Made From Wood
Taking inspiration from trees, scientists have developed a battery made from a sliver of wood coated with tin that shows promise for becoming a tiny, long-lasting, efficient and environmentally friendly energy source.
Liangbing Hu, Teng Li and colleagues point out that today’s batteries often use stiff, non-flexible substrates, which are too rigid to release the stress that occurs as ions flow through the battery. They knew that wood fibers from trees are supple and naturally designed to hold mineral-rich water, similar to the electrolyte in batteries. They decided to explore use of wood as the base of an experimental sodium-ion battery. Using sodium rather than lithium would make the device environmentally friendly.
Lead author Hongli Zhu and other team members describe lab experiments in which the device performed successfully though 400 charge-discharge cycles, putting it among the longest-lasting of all sodium-ion nanobatteries. Batteries using the new technology would be best suited for large-scale energy storage applications, such as wind farms or solar energy installations, the report indicates.
Illinois Establishes Strongest Regulations on Hydraulic Fracturing
Illinois Governor Pat Quinn signed Senate Bill 1715—the Hydraulic Fracturing Regulatory Act—into law. The new law enacts the nation’s strongest environmental protections for hydraulic fracturing and has the potential to create thousands of jobs in Southern Illinois. Passage of this legislation was one of Governor Quinn’s top priorities this year, and the Quinn Administration helped negotiate and draft the legislation.
“This new law will unlock the potential for thousands of jobs in Southern Illinois and ensure that our environment is protected,” Governor Quinn said. “As I said in my budget address, hydraulic fracturing is coming to Illinois with the strongest environmental regulations in the nation. It’s about jobs and it’s about ensuring that our natural resources are protected for future generations. I applaud the many environmental advocates and representatives from government, labor and industry who worked with us to make Illinois a national model for transparency, environmental safety and economic development.”
“This law is an example of what we can achieve when legislators and leaders in both chambers work together in good faith to get something done for the greater good of the people of Illinois,” Quinn added.
Sponsored by State Sen. Michael Frerichs (D-Champaign) and State Rep. John Bradley (D-Marion), Senate Bill 1715 enacts the most comprehensive set of regulations on hydraulic fracturing in the nation, and includes strong provisions to protect water quality, assure transparency, and promote public involvement.
“I’m proud to say these are the strongest, most effective drilling safeguards enacted by any state in the nation,” Sen. Frerichs said. “We know high-volume fracking is already underway in Illinois, and this legislation is needed more than ever to protect the environment while allowing for job creation and economic growth not just in downstate communities but throughout Illinois.”
“This is a historic agreement between the environmental coalition and industry,” Rep. Bradley said. “I appreciate all the hard work of the many people who were involved in this process. It provides for the strongest regulations in the history of the United States, but allows the industry to develop in a responsible manner.”
Hydraulic fracturing is currently permitted without the necessary regulations or protections. Under the new law, Illinois will become the first state in the nation in which hydraulic fracturing operators will be required to submit pre- and post-fracturing chemical disclosures to the state. Knowing exactly what materials are being used will allow the state to better protect consumers and the environment. Additionally, Illinois will become the only state in the nation to require pre- and post-fracturing water testing. Operators will be required to provide a baseline water test prior to the act of hydraulic fracturing and then tests six months, 18 months and 30 months after operations have concluded. Illinois will also require the storage of fluid in above-ground closed tanks, rather than traditional pits.
The law includes strong public participation requirements, including a mandatory 30-day public comment period, a public hearing opportunity and a 15-day follow-up public comment period. The state will consider all submitted written comments and testimony from public hearings when making its decision to approve or deny the permit application.
These restrictions—among many others—provide the most comprehensive and strongest environmental protections and regulations on high volume horizontal hydraulic fracturing in the country, while providing industry with the certainty to begin investing billions of dollars in the state.
“This is a monumental achievement for economic development and jobs in Illinois. Hydraulic fracturing will create good-paying jobs and reduce our reliance on foreign source of oil,” said Mark Denzler, vice president and chief operating officer of the Illinois Manufacturers’ Association and a co-founder of the GROW-IL Coalition, a group consisting of three dozen business organizations, labor unions, individual companies and agricultural interests. “We applaud Governor Quinn and members of the General Assembly for developing a strong regulatory framework that will allow industry to flourish while protecting the environment.”
The legislation was supported by environmental advocacy groups, including the Sierra Club Illinois, Environmental Law and Policy Center, Natural Resources Defense Council and Illinois Environmental Council.
“Today Governor Quinn is signing into law the most comprehensive environmental regulatory bill in the country on hydraulic fracturing,” Jen Walling, executive director of the Illinois Environmental Council said. “While our community still has concerns about the environmental impacts of this new technology, it is essential for these tough restrictions to become law to protect our communities. The environmental community looks forward to working with the governor and agencies to make sure that this bill is strongly enforced.”
The new law is the product of extensive negotiations between the Governor’s Office, industry groups, environmental groups, labor unions, legislators, the Attorney General’s Office, and state agencies including the Department of Natural Resources (IDNR) and the Illinois Environmental Protection Agency (IEPA), which will manage implementation of the law.
“This new set of regulations gives us the needed authority and resources to protect the environment and manage this method of energy extraction,” IDNR Director Marc Miller said. “I applaud Governor Quinn for his leadership and the good-faith effort by lawmakers, industry and labor leaders, environmental groups and members of the governor’s administration to ensure Illinois’ natural resources are protected.”
“This law represents an unprecedented commitment to environmental protection that will serve as a model for the rest of the country,” IEPA Director Lisa Bonnett said. “IEPA will continue to work with IDNR to make sure that this previously unregulated process is managed safely and responsibly.”
Senate Bill 1715 takes effect immediately. The governor also signed Senate Bill 2155 into law recently. Also sponsored by Sen. Frerichs and Rep. Bradley, the law makes several technical changes needed to implement the Hydraulic Fracturing Regulatory Act. It takes effect immediately.
EPA Makes Available Information Collection Request for List of Chemicals for Endocrine Disruptor Screening
EPA has also made available the list of chemicals covered by the information collection request and related policies and procedures for collecting data. This is the first time that non-pesticide commercial chemicals will be identified for endocrine screening. This second list of chemicals for endocrine disruptor screening includes 109 chemicals; 20 of the commercial chemicals found in sources of drinking water are also on the Toxic Substances Control Act work plan chemicals list for further assessment.
Oil Tank Cleaning Company And Driver Busted for Abandoning Five Tanker Trailers Filled With Waste Oil On Brooklyn Streets
New York Attorney General Eric T. Schneiderman and New York State Department of Environmental Conservation Commissioner Joe Martens announced a felony indictment against Patrick McAteer, of Morganville, N.J., and Roberto Iengo, of Queens, for their role in the systematic abandonment of five tanker trailers each filled with thousands of gallons of waste oil substances throughout Brooklyn. The men face up to 15 years in prison.
“This crime was particularly insidious. To dodge the costs of doing business and gain a competitive advantage, the defendants deliberately circumvented environmental laws, endangering city residents and their homes,” Attorney General Schneiderman said. “We’ve discovered their scheme and will do everything in our power to make sure justice is served.”
It is alleged that, from January 2012 to March 2012, in violation of state laws, McAteer, 45, drove stolen tanker trailers from New Jersey to a business owned by Iengo, ABC Tank Repair & Lining, Inc., at 280 East 88th Street, in Canarsie, Brooklyn. There, Iengo, 43, ordered his employees to fill the empty tankers with heavy, sludgy waste oil that had been collected and stored at the commercial facility for years.
Iengo paid McAteer $1,500 per tanker to drive the waste oil-laden vehicles to random locations in Brooklyn and abandon them on public streets, including in Canarsie and Brooklyn Heights, Park Slope, and Kensington.
State Department of Environmental Conservation Commissioner Joe Martens said, "DEC investigators worked tirelessly on this case to identify the perpetrators and stop the illegal transport and disposal of hazardous waste materials in New York. Their efforts in conjunction with other law enforcement agencies, were vital to protecting public health, safety, and the environment, and we are pleased that justice has been served."
By law, the disposal of hazardous substances is closely regulated by DEC. Even small releases of petroleum and other hazardous substances have the potential to endanger the public health and contaminate groundwater, surface water, and soils. Hazardous substances such as oil can seep into the groundwater, which can make water supplies unsafe to drink. Additionally, vapors from spilled materials can collect in houses and businesses, creating fire and explosion hazards. Moreover, uncontained spills, especially those that impact surface water, can kill or injure plants, fish, and wildlife, and cause damage to their habitats.
According to court documents, it was March 20, 2012, when investigators observed McAteer, in the vicinity of ABC Tank, connect a truck to a stolen Polar tanker trailer. That tanker trailer was later found abandoned in the vicinity of ABC filled with dark brownish-black, thick and sludgy waste oil. He was apprehended shortly after he abandoned the tanker.
According to notices filed by prosecutors, McAteer admitted to investigators that between December 2011 and March 2012, he stole several empty tanker trailers, including the Polar Tanker, from truck lots in New Jersey. The admissions show that Iengo told McAteer that he had waste oil that he needed to dispose of and that he offered McAteer money to make the waste oil “disappear.”
McAteer admitted that he abandoned the stolen waste-oil filled tankers in Brooklyn. Iengo also admitted to investigators that he was trying to save money by enlisting McAteer to dispose of old, thick waste oil that had been sitting in his business warehouse for several years.
It is alleged that Iengo paid McAteer $1,500 for each stolen trailer that McAteer brought to ABC Tank and subsequently abandoned after Iengo and his employees loaded it with waste oil.
The grand jury charged both McAteer and Iengo with numerous felonies committed from January through March of 2012, including Criminal Possession of Stolen Property in the Second Degree (P.L. § 165.52, a Class C Felony); Criminal Possession of Stolen Property in the Third Degree (P.L. ? 165.50, a Class D Felony); Unauthorized Use of a Vehicle in the First Degree (P.L. ? 165.08, a Class D Felony); Endangering Public Health, Safety or the Environment in the Second Degree (E.C.L. ? 71-2713(3), a Class D Felony); Endangering Public Health, Safety or the Environment in the Third Degree (E.C.L. ? 71-2712(2), a Class E Felony). Additionally, Robert Iengo is charged individually with Criminal Solicitation in the Fourth Degree (P.L. ? 100.05(1), a Class A Misdemeanor), for his role in recruiting McAteer to commit various felonies.
The criminal case is being prosecuted by Assistant Attorneys General Jason P. Garelick and Rajiv Shah of the Environmental Crimes Unit, under the supervision of Deputy Bureau Chief Stephanie Swenton, Bureau Chief Gail Heatherly of the Criminal Prosecutions Bureau and Executive Deputy Attorney General for Criminal Justice Kelly Donovan.
The investigation was conducted by Lieutenant John Fitzpatrick, DEC, Division of Law Enforcement, Bureau of Environmental Crimes Investigation, under the supervision of Major Scott Florence. He was assisted by Investigator Sara Komonchak and Environmental Conservation Officers Matthew Nichols, Neil Stevens, Dustin Dainack, Gregory Maneeley, Jared Woodin along with Investigator Edward Ortiz of the New York State Of