Three DOT final rules have an October 1, 2010 effective date for mandatory compliance. The new thresholds become mandatory October 1, 2010, however voluntary compliance with the new thresholds was allowed as early as April 8, 2010. Note that the revised criteria are less stringent. When reading the list, a “large bulk quantity” is defined as 3,000 L or 3,000 kg.
According to the new rule ), you must develop and implement a security plan based on a site specific risk assessment if you offer for transportation or carry any of the following:
- Any quantity of a Division 1.1, 1.2, or 1.3 material;
- A quantity of a Division 1.4, 1.5, or 1.6 material requiring placarding in accordance with 49 CFR 172.504(c);
- A large bulk quantity of Division 2.1 material;
- A large bulk quantity of Division 2.2 material with a subsidiary hazard of 5.1;
- Any quantity of a material poisonous by inhalation, as defined in 49 CFR 171.8;
- A large bulk quantity of a Class 3 material meeting the criteria for Packing Group I or II;
- A quantity of a desensitized explosives meeting the definition of a Division 4.1 or Class 3 material requiring placarding in accordance with 49 CFR 172.504(c);
- A large bulk quantity of a Division 4.2 material meeting the criteria for Packing Group I or II;
- Any quantity of a Division 4.3 material;
- A large bulk quantity of a Division 5.1 material in Packing Groups I and II;
- Perchlorates; or ammonium nitrate, ammonium nitrate fertilizers, or ammonium nitrate emulsions, suspensions, or gels;
- Any quantity of organic peroxide, Type B, liquid or solid, temperature controlled;
- A large bulk quantity of Division 6.1 material;
- A select agent or toxin regulated by the Centers for Disease Control and Prevention under 42 CFR 73 or the United States Department of Agriculture under 9 CFR 121;
- A quantity of uranium hexafluoride requiring placarding under 49 CFR 172.505(b);
- International Atomic Energy Agency (IAEA) Code of Conduct Category 1 and 2 materials including Highway Route Controlled quantities as defined in 49 CFR 173.403 or known as radionuclides in forms listed as RAM-QC by the Nuclear Regulatory Commission;
- A large bulk quantity of Class 8 material meeting the criteria for Packing Group I.
In addition to the original plan components, the following additional information must now be added:
- Identification of the job title of the senior management official responsible for overall development and implementation of the plan
- Security duties for each position or department that is responsible for implementing the plan or a portion thereof and the process of notifying employees when specific elements of the security plan must be implemented; and
- A plan for training hazmat employees
The plan must be reviewed annually and updated or revised as necessary. The most recent version of the plan must be made available to employees consistent with their need to know and security clearance.
The rule was published in the February 2, 2010, Federal Register and includes the following revisions to hazardous material packaging requirements:
- Amends several packaging related definitions;
- Adds provisions to allow more flexibility when preparing and transmitting closure instructions, including adding the ability to do this electronically;
- Adds a requirement for shippers to retain packaging closure instructions;
- Incorporates new language that will allow for a practicable means of stenciling the UN symbol on packagings;
- Adds requirements for the construction, maintenance, and use of large packagings; and
- Clarifies a requirement to document the methodology used when determining whether a change in packaging configuration requires retesting as a new design or may be considered a variation of a previously tested design
In this rule, DOT is requiring that all shippers utilizing outsourced or contracted 24-hour phone numbers must provide the following information:
- Name of the person registered with the service; or
- Contract number registered with the service; or
- Unique identifier assigned by the emergency response information (ERI) provider.
This new information must appear on the shipping paper immediately before, after, or below the emergency response phone number unless it already appears elsewhere on the shipping paper in a prominent location which is readily visible and easily identified.
Persons who register with these services must pay the appropriate fee and supply the ERI provider with the current information (e.g., MSDS) prior to the shipment. This amendment ensures that in the event of an emergency, a person calling the ERI provider can directly reference the registrant and consequently improve response time.
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™.
Fake Professional Engineer Sentenced for Certifying Title V Air Permits
Nathan Redwine was sentenced in the 19th Judicial District Court on three felony counts of filing false public documents with the Louisiana Department of Environmental Quality (DEQ). Redwine, 61, was sentenced by Judge Bonnie Jackson to a suspended sentence of three years imprisonment, with five years of supervised probation. He was also fined $3,000. Special conditions of Redwine’s probation state that he is not to engage in any job that requires a professional license or certificate; and within 60 days, he is to place a 1/8 page advertisement in the major newspapers in Shreveport, Natchitoches, and Baton Rouge stating that he was convicted of filing false statement and he misrepresented himself as an engineer. In addition, he must perform 250 hours of community service.
Redwine was arrested by Louisiana DEQ criminal investigators in April 2009 for filing false public documents to DEQ. Three Title V air permit applications were submitted to DEQ and signed by Redwine as a Professional Engineer (PE). DEQ regulations require that all Title V Air Permit applications by reviewed and signed by a PE. A joint investigation by DEQ’s Criminal Investigation Division (DEQ-CID), the U.S. EPA Criminal Investigation Division and the Louisiana Professional Engineering & Land Surveying Board revealed that Redwine was not a PE.
“Recently, DEQ has investigated an increasing number of criminal cases involving the filing of false public documents. Last week, Andre Franklin was sentenced in Jefferson Parish for false statements relating to Louisiana’s waste tire recycling fund. Nathan Redwine’s sentencing in Baton Rouge marks the second conviction in as many weeks. DEQ-CID will aggressively pursue individuals and companies who intentionally make false statements to the department,” said Jeffrey T. Nolan, Manager of DEQ-CID.
“Accurate information is essential for federal, state and local governments to assure compliance with environmental regulations,” said Ivan Vikin, Special Agent in Charge of EPA’s Office of Criminal Enforcement office for the Louisiana region. “In this case, the defendant not only filed false inspection reports and assessments, he also lied about his credentials. That led his client companies to submit false documents to the state without realizing it. Violators who submit false reports or bogus data undermine our efforts to protect the public and the environment and they will be vigorously prosecuted.”
Best Management Practices for Unused Pharmaceuticals at Health Care Facilities
Pharmaceuticals are being discovered in our Nation’s waters at very low concentrations. EPA has been studying unused pharmaceutical disposal practices at health care facilities, prompted by the concern that large amounts of pharmaceuticals are being flushed or disposed of down the drain, ultimately ending up in rivers, streams, and coastal waters.
- Techniques for reducing or avoiding pharmaceutical waste;
- Practices for identifying and managing types of unused pharmaceuticals; and
- Applicable disposal regulations.
The guidance is targeted at hospitals, medical clinics, doctors’ offices, long-term care facilities and veterinary facilities. EPA expects that this document will help reduce the amount of pharmaceuticals that are discharged to water bodies.
EPA is requesting public comments on a draft of the guidance document. Comments are being requested on or before November 8, 2010. Written comments may also be sent to Meghan Hessenauer, Engineering and Analysis Division (4303T), U.S. EPA, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
A final version of the document is expected in late 2010.
EPA Formally Requests Information about Chemicals Used in Natural Gas Extraction
EPA has announced that it has issued voluntary information requests to nine natural gas service companies regarding the process known as hydraulic fracturing. The data requested is integral to a broad scientific study now underway by EPA, which the agency was directed to conduct by Congress in 2009, to determine whether hydraulic fracturing has an impact on drinking water and the public health of Americans living in the vicinity of hydraulic fracturing wells.
In making the requests of the nine leading national and regional hydraulic fracturing service providers—BJ Services, Complete Production Services, Halliburton, Key Energy Services, Patterson-UTI, RPC, Inc., Schlumberger, Superior Well Services, and Weatherford—EPA is seeking information on the chemical composition of fluids used in the hydraulic fracturing process, data on the impacts of the chemicals on human health and the environment, and standard operating procedures at their hydraulic fracturing sites and the locations of sites where fracturing has been conducted. This information will be used as the basis for gathering further detailed information on a representative selection of sites.
“This scientifically rigorous study will help us understand the potential impacts of hydraulic fracturing on drinking water—a concern that has been raised by Congress and the American people. By sharing information about the chemicals and methods they are using, these companies will help us make a thorough and efficient review of hydraulic fracturing and determine the best path forward,” said EPA Administrator Lisa P. Jackson. “Natural gas is an important part of our nation’s energy future, and it’s critical that the extraction of this valuable natural resource does not come at the expense of safe water and healthy communities. EPA will do everything in its power, as it is obligated to do, to protect the health of the American people and will respond to demonstrated threats while the study is underway.”
Hydraulic fracturing is a process in which large volumes of water, sand, and chemicals are injected at high pressures to extract oil and natural gas from underground rock formations. The process creates fractures in formations such as shale rock, allowing natural gas or oil to escape into the well and be recovered. During the past few years, the use of hydraulic fracturing has expanded across much of the country.
EPA announced in March that it will study the potential adverse impact that hydraulic fracturing may have on drinking water. To solicit input on the scope of the study, EPA is holding a series of public meetings in major oil and gas production regions to hear from citizens, independent experts, and industry. The initial results of the study will be announced in late 2012. EPA will identify additional information for industry to provide—including information on fluid disposal practices and geological features—that will help EPA carry out the study.
EPA has requested the information be provided on a voluntary basis within 30 days, and has asked the companies to respond within seven days to inform the agency whether they will provide all of the information sought. The data being sought by the agency is similar to information that has already been provided separately to Congress by the industry. Therefore, EPA expects the companies to cooperate with these voluntary requests. If not, EPA is prepared to use its authorities to require the information needed to carry out its study.
EPA is currently working with state and local governments who play an important role in overseeing and regulating fracturing operations and who are also at the forefront of protecting local air and water quality from adverse impacts.
MSHA Publishes Comprehensive Mine Safety Data
The U.S. Department of Labor’s Mine Safety and Health Administration (MSHA) has announced the publication of comprehensive data regarding safety and health records of the nation’s mines. The data release is part of the Labor Department’s ongoing commitment to the administration’s Open Government initiative.
The data sets contain all of the agency’s public data from calendar year 2000 to the present regarding mine locations, accidents, injuries, production, violations, and inspections. Additionally, these sets contain information about serious violations that publicly-traded mining companies must include in their public filings with the Securities and Exchange Commission. Only private, personal information, and trade secrets may be excluded.
“President Obama has directed all federal agencies to make data more readily available to meet the administration’s commitment of more transparency and accountability,” said Joseph A. Main, assistant secretary of labor for mine safety and health. “Over the coming months, MSHA intends to make even more of our public data available for downloading through the Data.gov portal.”
New Hazardous Waste Regulations Take Effect in Ohio
On September 5th, 196 amended and new hazardous waste regulations became effective in Ohio.
New language in the regulations is noted as underlined and removed language is noted as stricken. An entire Set “J” package (all 196 amended & new rules) can also be obtained as a downloadable zip file from the Recently Adopted Rules section of the rules & laws page.
EPA, DOT Seek Comment on Proposed New Fuel Economy Labels for New Vehicles
EPA and DOT are proposing changes to the fuel economy labels that appear on new vehicles beginning with the 2012 models and including electric, plug-in hybrid, conventional gasoline and diesel, and other advanced technologies. The agencies are seeking public comment/input to determine the fuel economy, fuel costs, and environmental impacts of different vehicles and are providing a 60-day public comment period after the proposal’s publication in the Federal Register.
Workshops Offered to Help Auto Body Shops with New Regulations
Back by popular demand, the New Hampshire Department of Environmental Services will offer three additional morning workshops for auto body/collision repair shops on both air and hazardous waste requirements. Recent DES surveys have shown many auto body shops are in violation of hazardous waste rules and are not ready for the January 1, 2011 deadline to be in compliance with the new EPA air emission rules.
Workshops will be on Friday, October 8 in Keene; Friday, October 22 in Lincoln; and Friday, November 19 in Portsmouth. Owners, operators, managers, or anyone responsible for environmental compliance should attend these workshops.
$16,250 Penalty for Throwing Asbestos from Second Story Window
The New Victorians Inc., and In Addition Home Improvement have agreed to pay civil penalties totaling $16,250 to settle asbestos violations at the former Masonic Temple located at 1276 North High Street, Columbus, Ohio. The building is owned by Columbus-based The New Victorians Inc., which hired In Addition Home Improvement of Reynoldsburg to conduct renovations in 2008.
After the Ohio Department of Health and Ohio EPA received complaints about asbestos-containing waste being thrown from a second story window at the building during renovations, state inspectors visited the site and found broken pieces of pipe insulation inside and outside the building and more than 35 cubic feet of construction debris in a container below a second story window. Analysis of samples collected from the site confirmed the debris contained asbestos.
Ohio EPA regulates air pollution, such as asbestos, to protect public health and safety and the environment. Pre-notification and a thorough inspection of sites scheduled for renovation or demolition are required to allow the local air agency or Ohio EPA to check for the presence of asbestos and ensure that any regulated asbestos is properly removed and disposed. When in a dry state and disturbed, asbestos breaks up into small fibers that can be released to the air if not properly controlled during removal and disposal activities. If inhaled, airborne asbestos can pose health risks including respiratory diseases.
Violations related to the former Masonic Temple renovation project included failure to: conduct a thorough inspection for asbestos prior to beginning renovation; provide proper notification prior to demolition or renovation; properly remove damaged or friable regulated asbestos-containing materials prior to renovation; have authorized, trained personnel on site during renovation; adequately wet asbestos-containing materials during removal; and seal all asbestos-containing waste materials in adequately thick plastic bags.
An asbestos abatement contractor was hired to clean up the building and remove 4,100 cubic feet of regulated asbestos-containing material from the site.
The New Victorians Inc., has agreed to pay Ohio EPA a civil penalty of $13,250. A portion of the penalty ($2,650) will go to Ohio EPA’s Clean Diesel School Bus Fund. This fund helps retrofit school buses with pollution control equipment to reduce particulate emissions from their diesel engines and thereby protect the children who ride the buses. The remaining $10,600 will be equally split between Ohio EPA’s Environmental Education Fund and the administration of air pollution control programs. In Addition Home Improvement has agreed to pay Ohio EPA a civil penalty of $3,000.
Insurance Companies Call for More Action to Adapt Developing World to Climate Change
The statement includes initiatives that highlight how governments can unlock significant potential to increase the protection and reduce the vulnerability of developing world populations and economies from natural disasters through better risk management and by enabling insurance-type approaches.
According to the insurers, the recent floods in Pakistan, China, and Niger are a timely reminder that the world must adapt to become more resilient to the long-lasting and significant changes in climatic conditions being experienced across the world. These changes are likely to have the most damaging impacts on the developing world, where even small economic losses can have long-term effects on development, and where human health is generally less robust.
In the past three decades, direct global economic losses for all types of natural catastrophes have averaged $90 billion per year, with 78% of those natural catastrophes being weather-related. Meanwhile, 85% of deaths associated with all natural catastrophes over that timescale have occurred in developing countries (Munich Re, 2010).
There is enormous potential to be derived from a partnership-based approach to tackling the climatic risks faced by people and governments around the world. Several communities affected by climate change are already benefiting from projects that improve risk management and feature insurance elements.
Over 4,500 Mongolian herders covered by a public-private index-insurance scheme are currently receiving indemnity payments totaling around $1.4 million for cattle mortality losses caused by a particularly harsh winter.
In September 2008, the Caribbean Catastrophe Risk Insurance Facility (CCRIF)—a public-private partnership—paid $6.3 million to the Turks and Caicos Islands after Grand Turk was hit by Hurricane Ike.
The insurance initiatives are therefore calling on governments to:
- Implement risk reduction measures already agreed at the 2005 World Conference on Disaster Reduction
- Provide a suitable enabling environment, including economic and regulatory frameworks, for risk management and insurance to function at all levels of society
- Invest in reliable risk exposure data and make this information freely available to the public
- Act on lessons learned about the benefits of regional public-private partnerships and micro-insurance schemes which reduce losses for climatic risks
The statement calls on governments to formally recognize the potential role for insurance in the United Nations climate change negotiations, and to open channels for dialogue at a national level so that progress can be made immediately.
Irving Oil Terminals Inc. Fined $200,000 for Violating its Air Permit
The Massachusetts Department of Environmental Protection (MassDEP) has penalized Irving Oil Terminals Inc., $200,000 for air quality violations at its Revere, Massachusetts, facility. Irving Oil failed to document the amount of gasoline it transfers as required in its operating permit in order to limit its emissions. As a result, volatile organic compounds (VOCs) and other hazardous air pollutants were emitted above the permitted levels from the facility between October 2008 and December 2009.
“Irving Oil’s failure to adequately track the gasoline dispensed at this facility resulted in additional emissions of at least 5% over a one-and-a-half-year period, contributing to poor air quality,” said MassDEP Commissioner Laurie Burt. “A company such as Irving Oil must take into account the environmental cost that gasoline creates, and pay as much attention to environmental costs as they would to any other cost of doing business.”
In addition to the $200,000 penalty, Irving Oil has agreed to install new, state-of-the-art equipment that will collect and control gasoline vapors and will reduce emissions by more than 10 fold. Irving Oil also agreed to fund $240,000 in energy-efficiency projects for the city of Revere at various municipal buildings, including the replacement of aging boilers, steam traps, and thermostats.
In December 2009, Irving Oil reported to MassDEP that the company had pumped more than 25 million gallons of gasoline over its permitted limit. MassDEP confirmed during an inspection of the facility in January 2010 that Irving Oil’s continuous emission monitoring system failed, and that the facility further failed to maintain adequate gasoline loading records dating back to August 2008.
Under a consent order signed with MassDEP, Irving Oil has agreed to make significant emission control upgrades to its facility. The upgrades include the installation of a gasoline vapor collection system at the truck-loading rack that reduces emissions of vapors to the area by means of a negative pressure vacuum collection system. In addition, Irving Oil will install an advanced activated carbon bed adsorption system to recover the gasoline vapor emissions. Irving Oil will also replace its continuous emission monitoring system to ensure that any future emission problem would be detected promptly. The new vacuum-assist system and advanced carbon adsorption system meets MassDEP’s Best Available Control Technology requirements. The permit application for this system is due in 45 days and must be installed and in operation by May 1, 2011.
Additionally, Irving Oil has agreed to fund a separate $240,000 Supplemental Environmental Project (SEP) for the city of Revere. Under this SEP, the city will receive direct funding to conduct specific projects that the city had hoped to target after an energy audit identified several efficiency projects for its municipal buildings.
Edge Tech Industries to Pay $26,000 for Failure to Report Annual Toxic Release Inventory for Lead
Edge Tech Industries, a printed circuit boards and contract manufacturer in Davenport, Iowa, has agreed to pay a $26,000 civil penalty to the United States to settle claims that it failed to submit necessary Toxic Release Inventory (TRI) reports listing the quantities of toxic lead that it manufactured, processed, or otherwise used during 2006, 2007, and 2008. An EPA Region 7 representative inspected the Edge Tech Industries facility in August 2009, and discovered the TRI violations of the federal Emergency Planning and Community Right-to-Know Act (EPCRA).
Under EPCRA regulations, subject facilities are required to submit TRI reports to EPA and state authorities identifying the amounts of regulated toxic chemicals that their facilities release into the environment through routine activities or as a result of accidents. Reporting requirements under TRI include information regarding waste management, recycling, and reduction of these toxic chemicals. The reports provide an important source of information to emergency planners and responders, as well as to residents of surrounding communities.
For three consecutive years, Edge Tech Industries failed to submit its TRI reports to EPA. As part of an administrative consent agreement filed in Kansas City, Kansas, Edge Tech has certified that it is now in full compliance with the regulatory requirements of EPCRA.
Massachusetts-based Landlord Fined $83,575 for Not Disclosing Lead Paint Hazards
A Massachusetts apartment complex owner and landlord faces a penalty of $83,575 for charges by EPA that he violated federal lead paint disclosure rules at his apartment complex in Springfield, Massachusetts. These violations potentially put tenants at risk of exposure to lead paint hazards.
According to EPA, 122 Chestnut, L.L.C., failed to provide tenants with lead hazard information pamphlets; failed to include lead warning statements in leases; failed to include a disclosure statement regarding lead-based paint and/or lead-based paint hazards in leases; and failed to include lists of records or reports pertaining to lead-based paint and/or lead-based paint hazards in leases.
In an EPA inspection on July 15, 2008, Leon Charkoudian, manager of 122 Chestnut L.L.C., revealed that he had not provided any lead disclosure information to tenants of 122 Chestnut because he believed the property to be lead free. However, Mr. Charkoudian did not have any lead-free documentation and acknowledged no lead-free certification was ever issued. During the inspection, the EPA inspectors informed Mr. Charkoudian of his obligations under the Disclosure Rule.
Following the inspection, an EPA information subpoena discovered that lead-based paint had been found at the property. The subpoena, issued in October 2009, also revealed that 122 Chestnut, L.L.C., and Leon Charkoudian continued to fail to provide lead disclosure information to tenants of 122 Chestnut even after EPA’s 2008 inspection.
The federal Disclosure Rule is meant to ensure that tenants get adequate information about the risks associated with lead paint before signing a lease.
Treatments Could Screen Hundreds of Unregulated Compounds from Taps
The plan to screen many chemicals out of tap water was actually developed by the state Department of Environmental Protection (DEP) but has been in limbo for the last six years.
State testing has detected “approximately 600” chemical compounds “in 199 samples collected” including five brands of bottled water, according to a recent DEP white paper. The vast majority of these chemicals, including pharmaceuticals, hormones, and cleaning products, are not regulated by either the federal or state government. As a result, there is no regulatory effort to reduce or eliminate them from drinking water.
The April 2010 DEP white paper, entitled “Investigations Related to a ‘Treatment-Based’ Regulatory Approach to Address Unregulated Contaminants in Drinking Water,” advocates used granular activated carbon filtration and other techniques to remove most chemicals in drinking water, noting that carbon filtration alone removed more than half of identified chemicals.
“Pre-treatment of drinking water is not a panacea but would be a major step forward,” stated New Jersey PEER Director Bill Wolfe, a former DEP analyst, noting that no single technique or combination of techniques will filter all chemicals out of drinking water. “The alternative is having the public serve as a chemical sponge for hundreds of unregulated compounds coming out of our spigots every day.”
DEP has already paid for two carbon filtration system for groundwater. Operating costs are fractions of a penny per gallon treated. Treatment is also a key drinking water strategy being explored by the U.S. EPA, headed by Lisa Jackson, a former DEP Commissioner.
On February 2, 2004, DEP proposed to move forward on “installation of treatment technology to reduce levels of organic contaminants” among other drinking water quality strategies. After public comment, the plan languished and was never implemented. The DEP white paper was presented at the May 7th state Drinking Water Quality Institute meeting and will be discussed at its upcoming September 10th meeting.
Meanwhile, under Governor Chris Christie, DEP has backed away from a slew of proposed drinking water quality standards tied to public health concerns on chemicals ranging from perchlorate to formaldehyde to benzene and vinyl chloride. The Christie administration has yet to articulate a drinking water strategy.
“Protecting our drinking water should be on the agenda of the Christie administration but has yet to make an appearance,” added Wolfe. “Treatment technologies would help but are not a replacement for ensuring that harmful chemicals do not enter our waters in the first place.”
Tabletop Exercise Tool for Water Systems Now Available
EPA has developed an updated tool to assist utilities and other interested parties in planning and facilitating tabletop exercises that focus on water sector-related issues. Mini-DVD copies are now available. The Tabletop Exercise Tool for Water Systems: Emergency Preparedness, Response, and Climate Resiliency (TTX Tool) includes materials users can modify, allowing them to conduct a tabletop exercise to meet their specific needs.
The TTX Tool introduces users to the potential impacts of climate change on the water sector within the context of an all-hazards approach to emergency preparedness and response. The 15 scenarios in the tool include natural hazards, man-made incidents, and potential climate change impacts. Five climate change-related scenarios provide an opportunity for utilities to consider and implement long-term planning measures in order to mitigate the potential impacts of climate change.
For questions about the TTX Tool, contact Jenny Thomas 202-564-4524 or Amy Posner at 202-564-3338.
Environmental News Links
Trivia Question of the Week
According to the Chicago Post-Tribune, the former Indiana DNR Chief has been appointed to what White House position?
a. Carp Cop
b. EPA Region 5 Administrator
c. Climate Change Czar
d. Chief Environmental Enforcement Officer
