. The annual and 10-year summary reports include the number of incidents related to specific causes, the number of injuries or fatalities, as well the cost of damages. Users can download up-to-date, useful information from the database because it is updated on a nightly basis and the data can be sorted based on the details of the incident. The creation of this database streamlines the delivery of this information to the public and continues PHMSA’s commitment to increased Government transparency.
How to Prepare for OSHA Adoption of the GHS for Classification and Labeling of Chemicals
It is expected that in August, OSHA will announce U.S. employers must begin to adopt the GHS.
This means that virtually every chemical label, MSDS (soon to be called “safety data sheet”), 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.
Theses dramatic changes will also impact other OSHA standards such as Flammable and Combustible Liquids, Process Safety Management (PSM), Hazardous Waste Operations and Emergency Response (HAZWOPER), Fire Prevention and Protection, Occupational Exposure to Hazardous Chemicals in Laboratories, and many of the chemical-specific OSHA standards such as the Lead Standard.
At this live webcast, you will learn:
- GHS standards OSHA is adopting
- How the new standards differ from current requirements
- How to implement the changes
- Expected timetable for GHS implementation
Advertising Opportunities Available
Environmental Resource Center is making a limited number of advertising positions available in the Environmental Tip of the Week™, the Safety Tip of the Week™, and the Reg of the Day™.
PHMSA Extends Public Comment Period for Newly Proposed Wetlines Regulations
In response to requests from industry groups, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) announced an extension of the comment period for a proposed rule to prohibit the transportation of flammable liquids in unprotected product piping, called wetlines, on cargo tank motor vehicles. To provide for additional time to review this proposed rule, PHMSA is extending the comment period 30 days from March 28, 2011, to April 27, 2011.
NESHAPs for Area Sources: Industrial, Commercial, and Institutional Boilers
The final emission standards for control of mercury and polycyclic organic matter emissions from coal-fired area source boilers are based on the maximum achievable control technology (MACT). The final emission standards for control of hazardous air pollutants emissions from biomass-fired and oil-fired area source boilers are based on EPA’s determination as to what constitutes the generally available control technology or management practices. This final rule is effective on May 20, 2011.
NESHAPs for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters
On September 13, 2004, under authority of section 112 of the Clean Air Act (CAA), EPA promulgated national emission standards for hazardous air pollutants for new and existing industrial/commercial/institutional boilers and process heaters. On June 19, 2007, the United States Court of Appeals for the District of Columbia Circuit vacated and remanded the standards.
EPA Identifies Non-Hazardous Materials that are Solid Waste
This RCRA solid waste definition will determine whether a combustion unit is required to meet the emissions standards for solid waste incineration units issued under section 129 of the CAA or the emissions standards for commercial, industrial, and institutional boilers issued under section 112 of the CAA.
In this action, EPA is also finalizing a definition of traditional fuels. This final rule will become effective on May 20, 2011.
New Stationary Sources and Emission Guidelines for Existing Sewage Sludge Incineration Units
This final rule sets limits for nine pollutants under section 129 of the CAA: Cadmium, carbon monoxide, hydrogen chloride, lead, mercury, nitrogen oxides, particulate matter, polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans, and sulfur dioxide. The final rule is effective on May 20, 2011.
Nord Resources Corp. to Pay $65,000 Penalty to Resolve Air and Water Quality Violations
The Arizona Department of Environmental Quality (ADEQ) and Arizona Attorney General’s Office announced that Nord Resources Corp., has agreed to pay a $65,000 penalty as part of a consent judgment for air quality, waste water and drinking water violations at its Johnson Camp copper mine near the community of Dragoon in Cochise County.
ADEQ inspections conducted during March 2008 confirmed serious violations at the Johnson Camp open pit copper mine including starting construction without obtaining an air quality permit and failure to apply water to dirt haul roads to minimize dust emissions.
Nord Resources received a water quality violation for a March 11, 2008, surface discharge of about 1,000 gallons of acidic leach solution onto the ground between leach ponds rather than in the ponds. Nord Resources also was cited for another discharge of about 30,000 gallons of leach solution and storm water into an unlined, temporary ditch which allowed the discharge to enter the soil between February 2008 and April 2008.
The facility was cited for drinking water violations including operation without disinfection or monitoring and no backflow prevention at cross-connections. Nord Resources was also cited for operating its on-site water system without a certified operator.
“These are serious violations,” said ADEQ Director Henry Darwin. “But the company did react quickly to resolve the violations and we hope this settlement is a new beginning.”
“Mining companies need to rigorously comply with state standards to protect the health of our citizens and our environment,” Attorney General Tom Horne said.
In 2009 and 2010, Nord obtained all necessary air quality and aquifer protection permits required to operate its Johnson Camp Mine. Under the provisions of the settlement, Nord agreed to complete the construction of about $1 million in improvements to its drinking water system by July 1, 2011. The consent judgment is subject to court approval.
Eckel Industries, Inc. of Ayer Assessed $2,800 Penalty for Air and Hazardous Waste Requirements
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $2,800 penalty to Eckel Industries, Inc., of Ayer for violating MassDEP’s Air Pollution Control and Hazardous Waste Management regulations.
MassDEP personnel conducted an inspection in September 2010 of the company’s facility at 100 Groton Shirley Road and determined that the company had failed to apply for and receive an Air Pollution Control plan approval after installing and operating a new paint spray booth. The company also failed to submit accurate data on an air reporting form, and generated hazardous waste in excess of its registered status.
In a recently finalized consent order, Eckel Industries agreed to come into compliance with all applicable environmental regulations, and to pay the $2,800 penalty.
“It is important for companies to evaluate their compliance status with regard to environmental requirements,” said Martin Suuberg, director of MassDEP’s Central Regional Office in Worcester.
$12,500 Penalty for Operating Combustion Turbine without Approval
MassDEP has penalized Dartmouth Power Associates Ltd. Partnership $12,500 for operating a combustion turbine even though it failed an earlier compliance test by exceeding the permit limit for air emissions of nitrogen oxide.
Dartmouth Power, which operates an electrical generating facility at 1 Energy Road in Dartmouth, received plan approval from MassDEP in May 2008 to install a third natural gas-fired turbine. On May 12, 2010, MassDEP attended an emissions stack test for this turbine, which at that time, failed to demonstrate that it could effectively operate at the emission limit established in the permit.
Dartmouth Power, however, elected to operate this turbine for approximately nine hours on September 2, 2010 when ISO-New England, which manages the electrical grid for New England, requested additional generating capacity.
“The operators of this facility are responsible for properly operating this facility in a way that is protective of public health, which includes meeting the specific air emissions standards in its operating permit,” said David Johnson, director of MassDEP’s Southeast Regional Office in Lakeville.
In addition to the penalty, Dartmouth Power must also correct the mechanical malfunction which resulted in emissions in excess of those allowed by the permit, and complete the remainder of all stack testing.
Construction Company Fined $30,000 for Illegal Waste Disposal
The Pennsylvania Department of Environmental Protection announced a $30,000 fine against Moore Construction Company for the illegal disposal of construction and demolition waste on property owned by family members in Hemlock Township, Columbia County.
“DEP’s site inspection in August 2010 revealed that the company had illegally buried a significant quantity of construction and demolition waste,” said DEP North-central Regional Director Nels Taber.
The two properties where the waste was buried are owned by Ronald and Laura Moore and Shane and Kelly Moore.
The Moores signed a consent order and agreement with DEP in November 2010 that required all the waste be removed and properly disposed within one week. A DEP inspection confirmed that nearly 200 tons of waste was removed and taken to a permitted landfill for disposal.
The department assessed a $30,000 civil penalty to the company for violations of the Pennsylvania Solid Waste Management Act.
DEP also referred the case to the Pennsylvania Attorney General’s office for criminal investigation. Ronald, Shane and Jace Moore were charged by the Attorney General’s office on September 29, 2010, with violations of the Solid Waste Management Act. They each pleaded no contest on February 3, 2011, and were ordered to each pay a $5,000 fine and a share of $6,517 in investigative fees to DEP.
The fine was paid to the Solid Waste Abatement Fund that helps pay for cleanups across the state.
Web Tool Provides Clean Water Violation Trends and State Enforcement Response
EPA has released updated data and a mapping tool designed to help the public compare water quality trends over the last two years.
“Access to environmental information that is easy to use is the cornerstone of our commitment to transparency and engaging the public in a meaningful and productive way,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “The release of today’s tool removes traditional barriers that have limited access to Clean Water Act information and helps improve public awareness of the important work that remains in protecting our nation’s waters.”
The public can examine and compare information on the inspections conducted by both EPA and the state in their region, violations and enforcement actions in their communities over the past two years, and the penalties levied in response to violations.
In 2009, EPA announced the CWA action plan to improve CWA permitting, enforcement, information collection, and public access to compliance and monitoring information. The state dashboards are a part of the action plan and are designed to provide information on CWA violators and government’s response.
EPA’s enforcement and compliance transparency tools are recognized as a model for open government and improving how government operates. EPA’s Enforcement and Compliance Online () database provides fast, integrated searches of EPA and state data for more than 800,000 regulated facilities, including information on inspections, violations, and enforcement actions.
Refrigeration Company Pays Penalty for Environmental Violations in 3 Massachusetts Facilities
A refrigerated warehouse company has agreed to pay $75,000 to settle a case brought by the EPA for CAA violations at three cold-storage facilities in Massachusetts.
According to a recent settlement, Preferred Freezer Services, which provides refrigerated warehouse space for frozen food producers and suppliers, allegedly violated federal regulations designed to prevent chlorofluorocarbons (CFCs) from leaking from industrial refrigeration equipment and damaging the Earth’s stratospheric ozone layer. The violations occurred at Preferred Freezer’s facilities in Raynham, Sharon, and Westfield, Massachusetts. Preferred Freezer owns and operates 25 refrigerated warehouse facilities nationwide.
EPA’s New England office alleged that all three facilities failed to certify to EPA that they had appropriate CFC recovery or recycling equipment. Further, at the Raynham and Sharon facilities, a company technician serviced appliances containing CFCs on various occasions without being certified by an approved certification program. Preferred Freezer corrected these violations in April 2010.
Separately, the company initially provided incomplete responses to an EPA information request. This violation was also corrected in 2010.
The stratospheric ozone layer protects the Earth from harmful ultraviolet radiation. When CFCs are released into the air, they damage the stratospheric ozone layer and allow harmful radiation to reach the Earth. This radiation can cause nonmelanoma skin cancer and plays a major role in malignant melanoma development. It has also been linked to cataract formation. In addition, it can harm crops and certain types of marine life.
New York and North Carolina Ask EPA to Cut Interstate Air Pollution
New York Attorney General Eric T. Schneiderman announced that he has called on the federal EPA to protect New York’s air by implementing a proposed rule—ordered by a U.S. appellate court over two and a half years ago—that would slash the amount of air pollution currently allowed to cross state lines. Since pollution blown in from other states contributes substantially to smog, soot, and acid rain problems in New York, EPA’s action on the rule is essential to achieving and maintaining cleaner, healthier air in the state.
“Every day, pollution from upwind states blows into New York, spoiling our environment, contaminating the air we breathe, and harming our health,” said Attorney General Schneiderman. “Cutting the amount of air pollution that crosses state lines would avoid hundreds of thousands of illnesses and produce benefits worth hundreds of billions of dollars annually nationwide. To realize these enormous benefits and protect New Yorkers’ air—and lungs—without delay, the EPA should take prompt action to help stem the dangerous tide of dirty air flowing into New York.”
The letter addresses the EPA’s proposed “Transport Rule,” which is an air pollution regulation arising from a 2005 lawsuit brought by North Carolina and supported by a 10-state coalition led by New York. The proposed Rule will reduce the amount of sulfur dioxide (SO2) and nitrogen oxides (NOx) air pollution that cross the boundaries of 31 states and the District of Columbia into other states. In the letter, the Attorneys General call on Administrator Jackson to issue the Rule in final form by no later than June 30 of this year to ensure that downwind states begin to see improved air quality starting next year.
In July 2008, the U.S. Court of Appeals for the D.C. Circuit issued a decision supporting the States’ position that EPA had to require reductions in the interstate transport of air pollution that would enable downwind states such as New York to meet their own requirements under the CAA. The Court then sent the prior rule back to the Agency to comply with this mandate. On June 6, 2010, EPA issued its revised proposed Transport Rule to respond to the Court’s order. The Attorneys General seek finalization of this proposed Rule.
The air pollutants SO2 and NOx, which can travel hundreds of miles after they are emitted, have significant consequences for New Yorkers. According to the American Lung Association, over 12.5 million residents of the state—roughly 65% of all New Yorkers—live in counties where levels of soot and smog pollution endanger health. New York City is ranked by the Association as among the 25 U.S. cities most polluted by soot and smog.
Once the proposed Transport Rule is finalized, the benefits will be both swift and profound. For New York alone, EPA projects that, in 2014, the Rule will yield up to roughly $20 billion in annual benefits and prevent approximately 2,400 annual premature deaths. Nationally, EPA expects the Rule to yield $120 to $290 billion in annual benefits in 2014—exceeding the rule’s estimated $2.8 billion total annual cost of compliance by over 40 to 100-times. Many of these annual benefits relate to improved public health—including preventing 14,000 to 36,000 premature deaths, 26,000 hospital and emergency room visits, and 240,000 cases of aggravated asthma in 2014.
The Rule will also benefit the environment by improving visibility in national and state parks, and contributing to reductions in acid rain, which has severely damaged lakes, forests, and wildlife throughout New York’s Adirondack and Catskill regions.
The Rule will help achieve its health and environmental benefits by causing major reductions in emissions of SO2 and thus, reductions in the amount of the related pollution that will blow into New York and other states. By 2014, the Rule will require 31 eastern, southern, and mid-western states and the District of Columbia to substantially cut power plant emissions. According to the EPA, in 2014, the Rule and other actions will reduce emissions of SO2, a prime contributor to soot pollution and acid rain, by a total of 6.3 million tons (a 71% reduction) from 2005 levels. Emissions of NOx, which contributes to smog, will be reduced by 1.4 million tons (a 52% reduction).
While the federal CAA confers dual responsibility on the EPA and the states to improve and maintain air quality, the Act’s “good neighbor” provision specifically requires the Agency to address the interstate transport of air pollution. In the letter, Attorneys General Schneiderman and Cooper not only call upon EPA Administrator Jackson to issue the Transport Rule in final form by no later than the end of June, but also to provide a full timetable for the steps the Agency anticipates taking to achieve this deadline.
The Woodworks Architectural Millworks, Inc. to Pay $33,000 Environmental Penalty
New Hampshire Attorney General Michael A. Delaney and Commissioner Thomas S. Burack, of the New Hampshire Department of Environmental Services (DES), announce that the Rockingham County Superior Court, (McHugh J.) has approved a settlement between the State and The Woodworks Architectural Millworks, Inc., located in Londonderry, New Hampshire, to resolve a civil enforcement action involving violations of state and federal air pollution laws and regulations.
In its lawsuit, the State alleged that Woodworks failed to obtain the required air pollution control permits prior to expanding its wood coating operation at its facility at 9 Delta Drive in Londonderry. In addition, Woodworks failed to submit the required emission reports and failed to conduct a Regulated Toxic Air Pollutant (RTAP) compliance demonstration with regard to the hazardous air pollutant xylene.
Woodworks has since applied for and obtained all necessary air pollution control permits, has demonstrated compliance with both state and federal hazardous air pollutant standards, and continues to submit its required emission reports and annual fees.
The settlement imposes a $33,000 civil penalty on Woodworks, $15,000 of which will be paid to the State within thirty days, $9,000 within 90 days, and the remaining $9,000 within 120 days.
“Keeping New Hampshire’s air quality high is an important part of our environmental protection efforts,” said Attorney General Delaney. “The State’s environmental laws must be followed.”
“It is critically important for businesses to stay in compliance with all applicable environmental rules. I am pleased by the efforts and cooperation shown by Woodworks to resolve this situation in a timely manner,” said Commissioner Burack.
Pennsylvania DEP Shuts Down Potter County Gas Well Pre-Construction Site Over Violations Impacting Public Water Supply
The Pennsylvania Department of Environmental Protection (DEP) has ordered Chesapeake Energy to cease work on a natural gas drilling well pad for failing to comply with regulations and impacting one of Galeton Borough Water Authority’s water sources.
The well pad was in the site-preparation phase, which occurs before any well construction or drilling activities take place.
In conducting site-preparation activities at the Beech Flats well pad in West Branch Township, Potter County, Chesapeake failed to implement the required erosion and sediment controls. As a result, a significant amount of sediment and silt discharged from the site into a stream that is a tributary to a water source serving Galeton’s system. The Galeton Water Authority has been forced to use another permitted water source to serve its customers.
“In order to protect human health and the environment, we ordered Chesapeake to stop all construction activity,” DEP North-central Regional Director Nels Taber said. “They must begin corrective action on this site immediately.”
By March 29, the company must correct the existing violations at the site and review and revise, as appropriate, its Erosion and Sediment Control Plan to prevent future damage. DEP will not permit Chesapeake to resume construction at the site until all terms of the order are met.
After a routine site inspection March 8 and a March 10 meeting with Chesapeake, DEP issued a notice of violation for several infractions of the Clean Streams Law and Oil and Gas Act. The company did not respond to the notice. During follow-up inspections March 21 and 22, staff discovered the additional violations and impacts that resulted in the March 22 order.
Walmart Eliminates Over 80% of its Waste in California that Would Otherwise Go to Landfills
The company’s comprehensive waste reduction program that produced these results is now being implemented across Walmart’s 4,400 stores, Sam’s Club locations, and distribution centers in the U.S., moving it closer to its global goal of creating zero waste.
Achieving a similar 80% reduction in its landfill waste across the country would help Walmart prevent more than 11.8 million metric tons of carbon dioxide emissions annually. This is equal to taking more than 2 million cars off the road for a year.
“We are proud of the progress we are making toward our zero waste goal, but realize we still have more work to do,” said Bill Simon, president and CEO of Walmart U.S. “We are committed to actively finding and developing solutions that are both good for the environment and good for business.”
“We do everything with the customer in mind. We are committed to buying, operating and selling for less, and our waste program is a great example of developing new ideas that help us save our customers money,” continued Simon. “Through this program we are able to provide the raw materials needed to make new products, recycle millions of pounds of commodities and reduce the environmental impact of landfills.”
Beginning in 2009, Walmart created a nationwide infrastructure of landfill alternatives that could open new opportunities for municipalities and other businesses to reduce the amount of solid waste they send to landfills. The Walmart zero waste program has three main components:
- Recycling cardboard, paper, aluminum, plastic bags, and roughly 30 other items through the super sandwich bale (SSB) program. Items not eligible for the SSB, including wood pallets, polystyrene plastic, and apparel, are sent to Walmart’s return centers for reuse or recycling.
- Donating healthy, nutritious food to food banks around the country. In 2010, Walmart donated 256 million pounds of food to hunger relief organizations—the equivalent of 197 million meals.
- Creating animal feed, energy, or compost from expired food and other organic products following the EPA’s food waste hierarchy.
“Walmart is to be commended for making real progress in minimizing the environmental impact of waste from its stores,” said Karen Luken, director of the Clinton Climate Initiative’s (CCI) Waste Program. “One of the key aims for CCI’s Waste Program is to reduce methane emissions from landfills, and Walmart’s initiative sends a clear message to other businesses that this is one source of emissions that can and should be addressed now.”
Walmart began implementing and consistently tracking its new and existing waste reduction efforts in California in 2009. A third-party review has shown Walmart uses an appropriate process to establish its waste reduction data. The nationwide program, based on the California model, will include an ongoing review to monitor the program’s success.
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Trivia Question of the Week
Between 2001 and 2011, what state experienced the largest number of hazardous material transportation incidents:
a. California
b. Texas
c. Illinois
d. Ohio
