Home Depot to Pay Almost $10 Million for Hazardous Waste Violations

October 15, 2007

California’s Department of Toxic Substances Control (DTSC) announced a $9.9 million settlement with the national home improvement chain Home Depot for illegal hazardous waste storage and transportation violations found during a three-year investigation. DTSC engaged in a multi-jurisdictional, statewide prosecution team in 28 counties in tracking hazardous waste management practices and the state’s fire code at California Home Depot stores.

“This is truly government working smarter by combining existing resources in a team effort to enforce all aspects of state laws and local ordinances to protect communities and roadways,” DTSC Director Maureen F. Gorsen said. “Furthermore, the distribution of the settlement will involve directing funds to provide environmental improvements to those communities where the violations occurred.”

The settlement includes $7.25 million in civil penalties, $1.3 million as partial payment of costs incurred by regulators involved with the investigations, and $1.35 million to be applied to special environmental projects. County district attorney offices and 13 county fire and environmental regulatory programs, the state Attorney General, and the California Highway Patrol will receive a portion of the penalty.

The statewide investigation was sparked in 2004 when the mixing of the contents of several two-gallon buckets of hazardous waste into a larger 55-gallon drum caused an explosion and fire, resulting in the evacuation of a Playa del Ray store.

Fuel Economy Ratings for 2008 Vehicles

 

Data show that hybrid vehicles continue to lead the government's fuel economy ratings and hybrid technology can be effectively used to improve fuel economy. The Toyota Prius tops the list at 48 mpg in the city and 45 mpg on the highway. More hybrid models are available than ever—including SUVs and cars—giving consumers greater choices when shopping for fuel-efficient vehicles.

Fuel economy estimates, which appear on the window stickers of all new cars and light trucks prior to sale, are determined by tests that manufacturers and EPA conduct in accordance with EPA specifications. This year's label values are based on new test methods EPA finalized in December 2006. The new methods are designed to better account for actual driving conditions that can lower fuel economy, such as higher speed driving, use of air conditioning, and cold weather operation. Because of the new methods, fuel economy estimates for all vehicles will generally be lower than those of last year.

2008 Model Year Overall Fuel Economy Leaders

Rank

Manufacturer/Model

MPG City/Highway

1.

Toyota Prius (hybrid-electric)

48/45

2.

Honda Civic Hybrid

40/45

3.

Nissan Altima Hybrid

35/33

4.

Ford Escape Hybrid FWD

34/30

 

Mazda Tribute Hybrid 2WD

 

 

Mercury Mariner Hybrid FWD

 

5.

Toyota Camry Hybrid

33/34

6.

Toyota Yaris (manual)

29/36

7.

Toyota Yaris (automatic)

29/35

8.

Ford Escape Hybrid 4WD

29/27

 

Mercury Mariner Hybrid 4WD

 

 

Mazda Tribute Hybrid 4WD

 

9.

Toyota Corolla (manual)

28/37

10.

Honda Fit (manual)

28/34

 

EPA Transfers PCB Clean-up Program to OSWER

EPA is transferring the management of the polychlorinated biphenyl (PCB) cleanup program and most of the PCB disposal program from the Office of Prevention, Pesticides, and Toxic Substances (OPPTS) to the Office of Solid Waste and Emergency Response (OSWER).

OPPTS currently manages the PCB program under the Toxic Substances Control Act (TSCA). OSWER is the office within EPA that manages most cleanup and disposal activities under the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). After the administrative transfer is completed, OSWER will oversee most issues pertaining to PCB cleanup and disposal under TSCA, RCRA, and CERCLA, as appropriate, while OPPTS will continue to oversee other issues pertaining to PCBs (such as PCB use) under TSCA. The transfer in management of the PCB cleanup and disposal program from OPPTS to OSWER will consolidate administration of cleanup and disposal activities to within one office. The transfer will not make any substantive changes to the regulatory requirements or standards for PCB cleanup and disposal. 

Bakery Pays Fine for CFC Violations

Piantedosi Baking Company, a manufacturer of bread products, owns and operates two facilities located at 129 and 240 Commercial Street in Malden. At these facilities, Piantedosi operates a number of industrial freezers that contain ozone-depleting substances. EPA inspected the two facilities to evaluate the company’s compliance with the federal stratospheric ozone-protection regulations.

EPA found that Piantedosi had failed to document the type of repairs that were conducted on its refrigeration equipment, including if leak-repair verification tests had been performed. The failure to document these activities made it difficult for EPA to determine if the company was effectively repairing refrigerant leaks.

Certain types of refrigerants, such as chlorofluorocarbons (CFCs), contain ozone-depleting substances that destroy the thin layer of ozone in the upper part of the atmosphere called the stratosphere. In addition, CFCs are potent greenhouse gases that contribute to climate change.

“A healthy ozone layer helps to protect all of us from the sun’s harmful rays,” said Robert W. Varney, regional administrator of EPA’s New England office. “It is important for companies using ozone-depleting substances to make sure they are maintaining their equipment properly so that they are not releasing these chemicals into the environment. Piantedosi corrected its violations quickly and paid a substantial fine without going to trial—a good result for New England’s environment.”

As part of the settlement, Piantedosi will purchase renewable energy credits representing 27% of its electric power over two years. This purchase of renewable energy will result in significant reductions in carbon dioxide, sulfur dioxide, and nitrogen oxide.

Most ozone-depleting substances are being phased out and replaced with safer alternatives. Since late 2005, EPA has pursued a number of cases against several other New England companies for violations of the stratospheric ozone protection regulations.

Lewisburg Federal Penitentiary Settles With EPA for Unpermitted Paint Booth

The Federal Bureau of Prisons and Federal Prison Industries have paid a $38,100 penalty to settle a lawsuit alleging hazardous waste and Clean Air Act violations at the Lewisburg Federal Prison, in Union County, Pa.

"Like all private and public facilities, prisons have a duty to comply with laws protecting public health and the environment,” said EPA Regional Administrator Donald S. Welsh. “The Lewisburg prison case is part of EPA’s effort to ensure correctional facilities are complying with environmental regulations.”

The agreement announced resolves the alleged violations discovered during a comprehensive inspection of the prison in July 2004. At the time of inspection, Federal Prison Industries, Inc., also known as UNICOR, was manufacturing metal lockers at the facility and using a paint booth that was not covered under the facility’s air permit. The paint booth, which was used to powder coat the metal lockers, was a source of air emissions of particulate matter. Other alleged violations include storing hazardous waste without a permit and improperly labeling waste paint containers, waste organic adhesives, and 55-gallon waste drums.

In addition to the announced settlement, the Federal Bureau of Prisons recently agreed to self-audit all 16 of its prisons in the mid-Atlantic region. 

EPA’s mid-Atlantic regional office has an ongoing prison initiative which includes comprehensive inspections, enforcement, and compliance assistance. Lewisburg Federal Prison was the 11th prison inspected as part of this initiative. There are more than 100 state, federal, and local prisons presently operating in the mid-Atlantic region.

California Identifies Greenhouse Gas Early-Action Measures

This report will be considered at the ARB Hearing on Oct. 25, 2007.

At its June 21 hearing, the ARB approved 37 early actions, including 3 discrete early actions, but directed staff to further evaluate several stakeholder recommendations and to report back within six months. The posted final staff report summarizes the findings and recommendations of the further evaluation of stakeholder recommendations and other potential early actions by ARB staff. It recommends increasing the entire list of early actions from 37 to 44 measures, including 6 new discrete early actions. Cumulatively, all 44 measures have the potential to deliver greenhouse gas emission reductions on the order of at least 42 million metric tons of CO2 equivalents (MMTCO2E) by the year 2020.

New Fundamentals of Urban Runoff Management Document

This document revises an earlier 1994 edition and was prepared with support from EPA’s Office of Wastewater Management and the Nonpoint Source Control Branch in EPA’s Office of Wetlands, Oceans, and Watersheds. The update is important because of the amount of new information available as well as the significant shift in stormwater program direction from the historic mitigation-based approach to a more source-based approach.

Attleboro, Mass., Company Faces Fine for Inadequate SPCC Plan

An Attleboro, Mass., manufacturer of industrial and pharmaceutical food coatings faces an EPA fine for alleged violations of the federal Clean Water Act (CWA) and Oil Pollution Prevention regulations.

An EPA administrative complaint alleges that Mantrose-Haeuser Co. Inc. failed to adequately prepare and implement a “Spill Prevention, Control, and Countermeasure” () plan for their Attleboro facility. The complaint also alleges that the facility violated the CWA by illegally discharging oil to U.S. waters.

An EPA inspection of the Attleboro facility found that the company had failed to prepare an adequate SPCC plan for the site, including the construction of adequate containment for the off-loading area for bulk oil storage tanks. Secondary containment for drum storage areas was also found to be insufficient. In addition, the inspector noted signs of oil staining and evidence of prior spillage throughout the off-loading area.

For the alleged violations of the federal SPCC requirements, the Mantrose-Haeuser Co. faces a maximum penalty of $157,500.

“Oil spills can do significant damage to the environment, including to surface waters providing habitat for fish and wildlife,” said Robert Varney, regional administrator of EPA's New England office. “It's very important that facilities handling oils take the correct steps to minimize risks of oil spills.”

During the EPA inspection, it was revealed that an unknown quantity of oil leaked from a high-pressure washing device at the Mantrose-Haeuser facility. The discharged oil was observed flowing onto the parking lot and subsequently entering an on-site storm drain, which discharged directly to the Ten Mile River, resulting in sheening on the river at the outfall location. Fortunately, no lasting environmental damage was evident as a result of the release.

The company plans to revise its SPCC plan for the Attleboro facility and perform other corrective actions.

Connecticut Company Agrees to Pay $35,000 to Settle EPA Oil Spill Claim

Erickson Metals Corp., a Cheshire, Conn., aluminum processing company, has agreed to pay a penalty of $35,000 to settle EPA claims that it failed to prepare an oil spill prevention plan. In July 2006, the company experienced an oil spill that damaged wildlife and surrounding bodies of water.

The agreement settles claims cited in a complaint filed by EPA’s New England office last summer against the company, for illegally discharging as much as 6,000 gallons of cutting oil from its facility. The oil spill occurred as a result of a ruptured water tank that ultimately was released to a nearby pond, Judd Brook, and the Tenmile River, oiling birds and turtles and damaging aquatic vegetation.

The oil discharge prompted an emergency response, including EPA, the local fire department, and the Connecticut Department of Environmental Protection. EPA’s New England office determined that the company had not prepared a Spill Prevention, Control, and Countermeasure (SPCC) plan, as required by the Clean Water Act. SPCC plans specify spill prevention and response measures for facilities that store oil above threshold amounts and help ensure that a tank failure or oil spill does not lead to oil reaching bodies of water. After the spill, the facility worked cooperatively with EPA and prepared an SPCC plan.

“This case exemplifies the value and importance of preparing plans and taking actions to prevent oil spills before they occur,” said Robert W. Varney, regional administrator of EPA’s New England office. “We are pleased to see that Erickson worked cooperatively to ensure that an incident such as this one does not happen again in the future.”

Delaware to Hold Hearings on Revisions to Hazardous Waste Regulations

A hearing on proposed amendments to Delaware’s solid and hazardous waste regulations will be held from 6 to 8 p.m., Monday, October 22.  The meeting will be held at the state’s Department of Natural Resources and Environmental Control (DNREC) auditorium, Richardson and Robbins Building, 89 Kings Hwy., Dover.

The proposed changes add consistency or clarification to existing regulations, correct errors, or update regulations already in effect at the federal level.

 

To register for the hearing, contact Justin Roscoe, DNREC's Solid and Hazardous Waste Management Branch, at 302-739-9403. For more information, contact Karen G. J'Anthony or Bill Davis, 302-739-9403.

EPA Fines La Rosa, Inc., $26,000 for Pesticides Violations

The EPA recently issued a $26,000 fine against La Rosa, Inc., of Santa Ana, Calif., for the alleged manufacturing and sale of unregistered pesticides, a violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

EPA sought this fine from La Rosa, Inc., located at 2111 S. Anne Street, for the sale of two unregistered pesticides, Spa Fungicidal and LaRocide, through nail and beauty supply stores.

“Companies must ensure their products are registered,” said Katherine Taylor, associate director of the Communities and Ecosystems Division in EPA’s Pacific Southwest Office. “The EPA will continue to seek out violators of the federal regulations and level fines in our continuing efforts to protect human health and the environment.”

Product labels contained hospital disinfectant, bactericide, and/or virucide claims and included invalid EPA registration and establishment numbers. The company was also manufacturing at least one of the products at their facility without registering that facility with EPA as required by law.

The case is based on a series of inspections conducted by the California Department of Pesticide Regulation in 2006.

FIFRA regulates the sale, distribution, and use of pesticides within the United States. Before selling or distributing any pesticide in the United States, companies must register the pesticide with the EPA. Each producer, seller, and distributor is required pursuant to federal law to ensure that the registered pesticide is labeled in accordance with agency requirements.

Majority of U.S. Facilities Exceed Water Permit Limits

 

The goals of the 1972 Clean Water Act are to eliminate the discharge of pollutants into waterways and make all U.S. waters swimmable and fishable. Over the last three and a half decades, this landmark environmental law has made significant improvements in water quality, but the original goals have yet to be met.

Using the Freedom of Information Act, U.S. PIRG obtained data from the EPA on facilities’ compliance with CWA in 2005. U.S. PIRG researchers found that:

  • 57% of all major U.S. industrial and municipal facilities discharged more pollution into U.S. waterways than allowed by law at least once during 2005.
  • The average facility exceeded its pollution permit limit by 263%, discharging close to four times the legal limit.
  • The 3,600 major facilities exceeding their permit limits reported more than 24,400 exceedances of their CWA permits in 2005. This means that many facilities exceeded their permits more than once and for more than one pollutant.
  • Nationally, 628 major facilities exceeded their CWA permits for at least half the monthly reporting periods between January 1 and December 31, 2005. Eighty-five facilities exceeded their CWA permits during every reporting period.
  • The 10 U.S. states with the highest percentages of major facilities exceeding their CWA permit limits at least once were Maine, Massachusetts, Rhode Island, New Hampshire, Ohio, Connecticut, New York, North Dakota, California, and West Virginia.
  • The 10 U.S. states with the most exceedances of CWA permit limits during 2005 period were Ohio, Pennsylvania, New York, Texas, California, Massachusetts, Louisiana, Tennessee, Alabama, and Florida.

U.S. PIRG Clean Water Advocate Christy Leavitt noted that the findings are likely “just the tip of the polluted iceberg,” because the data that U.S. PIRG analyzed includes only “major” facilities and does not include pollution discharged into waters by the thousands of minor facilities across the country.

“Although we have made enormous strides since the enactment of the Clean Water Act, efforts to clean up America’s waters have stalled—even slipped—under the stewardship of the Bush Administration.  In the past several years, the federal government has let down municipalities’ efforts to protect watersheds, provide safe drinking water, and make recreational water sources fishable and swimmable,” said Rep. James L. Oberstar (Minn.), chairman of the Committee on Transportation and Infrastructure.  “We are at a turning point in history, and our responsibility to this generation and our legacy to future generations is to advance the cause of protecting the most precious of natural resources—clean water.”

Paper Company Will Pay Nearly $19,000 for RMP Violations

The Specialty Paper Products Division of Nashua Corporation has agreed to pay a fine of $18,720 to settle a Clean Air Act (CAA) violation involving failure to update and resubmit its Risk Management Plan (RMP) at the company's manufacturing plant in Merrimack, N.H.

Nashua manufactures custom paper products for various industries. The facility produces coated paper for a wide variety of printing technologies, including direct thermal, thermal transfer, ink jet, engineering, laser, and impact printing. The company uses vinyl acetate, a toxic and flammable substance, as a component in the production of moisture-activated adhesives applied to paper and stores thousands of pounds on-site. Vinyl acetate is toxic by inhalation and ingestion.

“The importance of having updated Risk Management Plans in place can not be stressed enough.” said Robert W. Varney, Regional Administrator of EPA’s New England office. “These laws help reduce any delays in response time and the likelihood of an exposure to people and the environment if an accidental release should occur.”

Examples of information that is important to be updated and resubmitted in the RMP include assurance that the emergency contact is correct and the hazard assessment is reviewed in the event process changes had occurred at a facility. The company is now in compliance, after submitting the RMP to EPA two years and five months late.

Over the past several months, EPA has brought enforcement actions against many New England facilities located in Rhode Island, Connecticut, Massachusetts, and New Hampshire for failure to complete five-year updates to their RMPs, as required by federal regulations under the CAA.

EPA has reviewed many facility RMPs and other emergency response plans because of a number of recent large and small chemical releases by local companies. EPA’s New England office intensified these efforts to make sure facilities storing large amounts of chemicals follow procedures for reporting the presence of chemicals and follow steps to prevent chemical accidents.

Tolt Bridge Project Fined for Water Quality Violations

The Washington Department of Ecology has fined the King County Department of Transportation (KCDOT) and its contractor, Wilder Construction Co., $12,000 for violating a construction stormwater permit by allowing water, which had come into contact with freshly placed concrete for the new Tolt Bridge, to reach the Snoqualmie River.

The permit violations occurred last February during construction of the bridge across the Snoqualmie River, just south of Carnation.

The concrete placement for a bridge support occurred, as designed, in a wetland area commonly used by juvenile coho and other salmon and trout species. Until it has cured properly, freshly placed ready-mix concrete can make surface water caustic and harmful to fish and other aquatic life.

Recent flooding had created standing water within the wooden concrete form. Workers placed concrete directly into the formwork, which displaced the standing water. While some erosion control measures had been installed, they were insufficient to contain the flow of water to the immediate work area. Highly alkaline water entered into the surrounding wetland area and reached the river's open water.

"We recognize the high, flowing water made conditions difficult that day, but there are methods to contain contaminated water in such situations ," said Kevin Fitzpatrick, Ecology's regional water quality supervisor. "When the need arises, those pollution control methods around the work area need to be in place."

Fitzpatrick added that the county and its contractor have improved environmental practices on the project since last winter's incident. In response to Ecology's action, KCDOT expressed regret over the incident and emphasized the importance environmental regulations play in protecting the environment.

"Our field inspector discovered the discharge, immediately reported it to Ecology, and quickly began efforts to contain it," said Rick Brater, KCDOT Engineering Services Section Manager. "Ecology staff arrived at the project site after the concrete pour was completed and suggested additional methods to contain the discharge. The contractor's personnel immediately implemented Ecology's recommendations."

Brater added KCDOT staff also provided monitoring data and other documentation to assist Ecology's investigation.

Ohio EPA Reaches $16,000 Settlement With Lenco Industry Inc. and Day-Hio Products Co.

These include: Lenco Industry, Inc., 3301 Klepinger Road, Dayton; Day-Hio Products Co., 709 Webster St., Dayton; and Silver Machine, Inc., 21 W. First St., South Vienna.

All three companies generate hazardous waste as part of their processes. Ohio EPA, acting on a complaint, determined that the companies were self-transporting hazardous waste from Lenco and Silver Machine to Day-Hio. The waste was then picked up by a registered used oil transporter.

Only registered transporters are permitted to transport hazardous waste. The company was not permitted to move hazardous waste from one company to another, nor was Day-Hio permitted to accept this hazardous waste. By doing so, it created an unauthorized hazardous waste storage area.

No release of hazardous waste was observed during the inspections and the companies are now in compliance with applicable hazardous waste storage regulations.

Of the $16,000 penalty, $12,800 will be deposited into the state's hazardous waste cleanup fund. In lieu of paying the remaining $3,200 of the penalty, the companies will contribute $3,200 to the Ohio EPA Clean Diesel School Bus Program.

TCEQ Approves Fines Totaling $585,590

The Texas Commission on Environmental Quality (TCEQ) approved penalties totaling $585,590 against 69 regulated entities for violations of state environmental regulations.

Agreed orders were issued for the following enforcement categories: 17 air quality, 3 dry cleaner, 2 Edwards Aquifer, 3 field citations, 2 industrial hazardous waste, 1 licensed irrigator, 4 multi-media, 4 municipal solid waste, 8 municipal waste discharge, 6 petroleum storage tank, 5 public water system, 1 sludge, 1 wastewater operator, and 4 water quality. In addition, there were default orders issued for the following categories: two dry cleaner, five petroleum storage tank, and one public water supply.

Included in the total fine figure is a penalty of $230,176 against Delek Refining, Ltd., in Smith County. The fines are the result of 25 reporting, excess production, equipment failure, monitoring, inspection, and notification violations stemming from investigations in June, July, and December 2006.

Leaf Burning is Discouraged

The Michigan Department of Environmental Quality is encouraging residents to explore alternatives to burning leaves this autumn. Leaf burning creates air pollution, contributes to breathing problems, is a serious fire hazard, and is illegal in many Michigan cities and communities. Burning leaves releases fine particles, carbon monoxide, and hydrocarbons into the air that may be harmful to children and people with allergies, asthma, or heart disease.

Although leaves and yard waste cannot be sent to a landfill, mulching and composting are simple, environmentally sound ways to manage most yard waste. The easiest option is to simply mow over leaves with a lawnmower to chop them into fine mulch, and when left on a lawn, the mulch provides a number of needed nutrients for the grass that will keep it looking healthy.

Select "Open Burning Information" listed under Spotlight. A one-page brochure entitled, “Open Burning Regulations in Michigan,” is also available along with a home composting brochure and other alternatives to burning.

In rural areas where burning yard waste is allowed, permits are required to burn leaves or brush. Homeowners are reminded to obtain a permit before burning and that they are responsible for damage caused by a fire they start.

EIA Foresees a Colder Winter With Rising Fuel Costs

The cost of heating your home will likely be higher this winter than it was last winter, according to a new report from DOE's Energy Information Administration (EIA). With record-breaking heat affecting much of the Northeast and Midwest, it seems a strange time to look ahead to the winter, but it is indeed rapidly approaching. Those using natural gas for heating are expected to pay $78 more for heating this winter, a 10% increase, but those using heating oil can expect to pay $319 more, a 22% increase, while those using propane are expected to pay $221 more, a 16% increase. Prices are staying stable for those using electric heat. They're expected to pay $32 more this winter, a 4% increase. The 4% increase is the extra energy use expected due to colder weather this winter. So even though it may be hot right now, it's also a good time to prepare for the winter by improving the energy efficiency of your home. 

Brinks, A.L. Gilbert Co., and the City of Visalia Fined for Not Inspecting Diesel Trucks

The California Air Resources Board last month settled with A.L. Gilbert Co. and the City of Visalia for a total of more than $30,000 for failure to self-inspect their diesel trucks for compliance with the state's smoke emissions standards.

Oakdale-based A.L. Gilbert Co. settled for $18,750 and the city of Visalia $12,000. Last month, Brinks, Inc., agreed to pay $147,000 in a settlement agreement with the California Air Resources Board for the same violation.

ARB documented violations between 2005 and 2006 at Brinks facilities around the state: Bakersfield, Eureka, Fresno, Lancaster, Los Angeles, Modesto, Oakland, Orange County, Petaluma, San Bernardino, San Diego, San Fernando Valley, San Jose, and San Luis Obispo.

Each of these organizations are required to have all staff responsible for compliance with the Periodic Smoke Inspection Program and Heavy Duty Diesel Vehicle Inspection Program to attend courses at the California Council on Diesel Education and Technology, through selected California community colleges. Further, each must instruct vehicle operators to comply with the state's idling regulations, supply all smoke inspection records to ARB for the next several years, and have properly labeled engines to ensure compliance with the engine emissions certification program regulations.

The Periodic Smoke Inspection Program and Heavy-Duty Diesel Vehicle Inspection Program require annual smoke opacity tests of California-based fleets. The programs, in conjunction with ARB's roadside smoke inspection program, are used to ensure that all of California's heavy-duty vehicles are properly maintained, tamper-free, and free from excessive smoke emissions.

Historic Pollutant Reductions Expected to Save $32 billion in Health Costs Annually

American Electric Power has agreed to cut 813,000 tons of air pollutants annually at an estimated cost of more than $4.6 billion, pay a $15 million penalty, and spend $60 million on projects to mitigate the adverse effects of previous excess emissions. The record settlement was announced by the Department of Justice and the Environmental Protection Agency.

This is the single largest environmental enforcement settlement in history by several measures. For example, it is the largest settlement in terms of the value of injunctive relief and will result in the largest amount of emission reduction from stationary sources, such as power plants and factories.

“Today’s settlement will save $32 billion in health costs per year for Americans,” said Granta Nakayama, Assistant Administrator for EPA’s enforcement and compliance assurance program.  “Less air pollution from power plants means fewer cases of asthma and other respiratory illnesses.”

An unprecedented coalition of 8 states and 13 citizen groups joined the U.S. government in today’s settlement. The agreement imposes caps on emissions of pollutants from 16 plants located in 5 states.  The facilities are located in Moundsville (two facilities), St. Albans, Glasgow, and New Haven (two facilities), W. Va; Louisa, Ky; Glen Lyn and Carbo, Va.; Brilliant, Conesville, Cheshire, Lockburne, and Beverly, Ohio; and Rockport and Lawrenceburg, Ind.

The AEP will install pollution-control equipment to reduce and cap sulfur dioxide and nitrogen oxide emissions by more than 813,000 tons per year when fully implemented.  By installing these pollution-control measures, the plants will emit 79% less sulfur dioxide and 69% less nitrogen oxides, as compared with 2006 emissions.

The settlement resolves a lawsuit filed against AEP in 1999, alleging the company violated the New Source Review requirements of the Clean Air Act.

The company will spend an additional $60 million to finance and conduct projects to mitigate the impact of past emissions. Of the total, $24 million for these projects will be allocated among the states that joined the settlement. The remaining $36 million will be spent on mitigation projects identified in the settlement agreement. 

The following eight states joined as plaintiffs in the case: New York, New Jersey, Massachusetts, Vermont, Connecticut, New Hampshire, Maryland, and Rhode Island.    

The following citizen groups also joined the settlement as plaintiffs: Natural Resources Defense Council, National Wildlife Federation, Sierra Club, United States Public Interest Research Group, Izaak Walton League of America, Ohio Citizen Action, Citizens Action Coalition of Indiana, Hoosier Environmental Council, Ohio Valley Environmental Coalition, West Virginia Environmental Council, Clean Air Council, Indiana Wildlife Federation, and the League of Ohio Sportsmen.

 The AEP settlement was lodged in the U.S. District Court for the Southern District of Ohio and is subject to a 30-day public comment period. 

Green Remediation and the Use of Renewable Energy Sources for Remediation Projects

Green remediation is the practice of considering environmental impacts of remediation activities at every stage of the remedial process in order to maximize the net environmental benefit of a cleanup. In that spirit, this study seeks to identify cleanup projects employing renewable, sustainable energy sources and/or alternative fuels for site remediation.

The report’s author describes 19 pilot-scale and full-scale projects applying renewable energy to power various remedial system components and provides a preliminary analysis of potential areas of expansion.

Updated Homeland Security Strategy

 This strategy builds on the first National Strategy for Homeland Security issued in July 2002.

The updated document incorporates lessons learned from exercises and real-world catastrophes and focuses on the goals to protect and disrupt terror attacks, protect citizens and critical infrastructure, respond to incidents, and continue to strengthen the program.

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Trivia Question of the Week

Which of the following 2008 cars has the lowest EPA gas mileage?

a.  Lamborghini Murcielago
b   Bugati Veyron
c   Ferrari 612 Scaglietti
d.  Aston Martin DB9 Coupe

The car with the best 2008 EPA gas mileage is in which car class?
a.  Subcompact
b.  Compact
c.  Two-seater
d.  Mid-size