New Guidance on Cleaning Up Hazardous Properties

October 17, 2011

California’s Department of Toxic Substances Control (DTSC) has issued a step by step guide to help deal with hazardous chemicals that may be released into buildings and the environment. The Final Guidance for the Evaluation and Mitigation of Subsurface Vapor Intrusion to Indoor Air will assist contractors, cleanup agencies, and community groups in evaluating the health threat from properties contaminated with volatile chemicals. Hundreds of sites exist in California where volatile chemicals released to the environment have impacted soil and groundwater. These chemicals may subsequently migrate into the indoor air of overlying buildings. This guidance outlines the methods for evaluating exposure and provides recommendations for a comprehensive site investigation.

“This guide is another tool that DTSC is providing to help communities proactively protect themselves from toxic exposure,” said Stewart Black, Acting Deputy Director of DTSC’s Brownfields and Environmental Restoration Program. “Contamination of indoor air by subsurface vapors has been found at many sites throughout California and applying the techniques in this guidance is a one path forward to tackle this significant environmental issue.”

DTSC issued this guidance after considering more than 370 public comments that were received in response to the interim version of the document in 2004. AB 422 (Hancock) requires that assessments of contaminated properties include an evaluation of the migration of vapors into buildings. The EPA is also considering the migration of vapors into buildings as a factor for placing a hazardous waste site on federal Superfund cleanup list. DTSC anticipates that this guidance will be used by contractors, property developers, and community groups among others.

Mobile RCRA and DOT Training

 

Williamsburg RCRA and DOT Training

 

Safety Consultant/Trainer

Environmental Resource Center has a new opening for a safety consultant and auditor. We are looking for a former OSHA CSHO, OSHA trainer, or state inspector for this position in our Cary, North Carolina, office. Applicants should have excellent writing and speaking skills and be willing to travel 7–14 days per month. We are looking for an expert in all of the General Industry and Construction standards who is capable of performing audits of industrial facilities as well as conducting on-site training.

Strong consideration will be given to applicants who also have experience providing HAZWOPER, Hazcom, lockout/tagout, confined spaces, and machine guarding training.

The position includes maintenance of training materials (books and presentations), working on consulting projects, development of classes and computer-based training programs, and ensuring customer satisfaction.

 

How to Author GHS Safety Data Sheets

OSHA is adopting the new Globally Harmonized System (GHS) for the classification and labeling of hazardous chemicals. A cornerstone of GHS is the adoption of a completely revised Safety Data Sheet (SDS).

 

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  • November 18, 2011
  • December 15, 2011

How to Label Hazardous Chemicals Using OSHA’s New GHS Hazcom Standard

 

 

  • November 4, 2011
  • December 16, 2011

Cary, NC 40-Hr and 24-Hr HAZWOPER Training

 

Louisiana DEQ Waste Permits Division Permit Applications are Online

The Louisiana Department of Environmental Quality (DEQ) has posted applications for most of the permits DEQ’s Waste Permit Division issues on line.

 

Currently, the department is working on a project to get permit applications for waste tire processing and composting facilities available online. “Having the waste permits applications available online is one way that DEQ can expedite the application process,” said Sam Phillips, Assistant Secretary for Environmental Services. “This will save money and time and make the permitting process more efficient.”

EPA Fines Tucson Facility $30,000 for Hazardous Waste Violations

Inspections in 2010 at MRI Manufacturing and Research, Inc., in Tucson, Arizona, uncovered violations of federal standards governing the handling and storing of hazardous waste. In this case, the materials were industrial solvents used to manufacture medical devices, such as tubing for catheters. 

 

New Jersey DEP Issues General Permit for Combined Heat and Power

As part of its commitment to a cleaner and more diverse energy future for New Jersey as well as common sense regulations, the Department of Environmental Protection has developed a new general permit to make it faster and easier for a wide range of facilities such as small- to moderate-size manufacturers, office complexes, apartment complexes, hospitals, schools, and other institutions to turn energy used for heating into electricity.

This general permit will help the state meet Governor Christie’s goals for cleaner and more diverse energy generation by enabling many small and moderate size facilities to more easily tap into a growing sector of the energy market known as combined heat and power generation. This technology, also known as cogeneration, uses what otherwise would be waste exhaust heat to efficiently generate electricity and useful heat. Applicants must still meet the DEP’s tough air pollution standards when using this technology.

“This permit is a positive step for the environment, for electricity consumers and for job creation, and exemplifies the Administration’s commitment to common sense rules and procedures that protect the environment and help the economy,” said Commissioner Bob Martin. “This general permit will allow operators of a wide range of facilities to more quickly install a cleaner technology, save on their energy bills, reduce demand for electricity from the power grid, and stimulate economic growth.”

In addition to promoting development of solar and wind energy as part of a more diversified energy portfolio, the Christie Administration’s Draft Energy Master Plan calls for the development of 1,500 megawatts of combined heat and power generation over the next decade.

Combined heat and power is an efficient, clean, and reliable approach to generating power and thermal energy from a single fuel source. Combined heat and power can greatly increase a facility’s operational efficiency and decrease energy costs, at the same time reducing air pollution and greenhouse gas (GHG) emissions.

The new general permit covers new combined heat and power facilities up to about five megawatts. Large projects that generate more than 5 megawatts must still apply for facility-specific air permits.

The technology that is used must still meet the state’s tough standards for pollution controls. These standards are included in the conditions of the general permit.

Under the new general permit, applications can be made online and construction can begin immediately if all the conditions of the general permit are met and local approvals have been obtained.

 Instructions are included on the registration form. Questions may be directed to the Air Quality Permitting Program at 609-633-2829.

Ohio EPA Updates Operator Certification Rules

Ohio EPA is updating rules to help drinking water and wastewater operators be more effective. The draft operator certification rules are available for review and public comments may be submitted through October 21, 2011.

 

  • Limit the number of exemptions a facility can receive to allow Class III operators to be in charge while they are taking their Class IV examination.
  • Allow for reduced staffing at Class A or Class I treatment works, which are only open on a seasonal basis (generally summer); and
  • Revise Class A eligibility requirements to allow operators to use both work and operator experience to verify eligibility.

In addition to these amendments, new provisions were drafted for suspending or revoking a certificate of operation which would apply to:

  • Operators who represent themselves as a certified operator without a valid certificate;
  • Operators who perform the duties of an operator of record without a valid certificate of the appropriate field and classification; or
  • Operators who have had a certificate suspended or revoked in any other jurisdiction.

 

Ohio EPA will consider all comments before it formally proposes rule changes. When the rules are formally proposed, Ohio EPA will hold a public hearing and offer another public comment period before any rule changes are adopted.

Ohio EPA Clarifies Water Quality Trading Rules

Updates to a program that allows voluntary trading of water quality pollution credits are being considered by Ohio EPA as part of a five-year rule review. 

Water quality trading is a voluntary program, typically undertaken by wastewater treatment plants, that allows dischargers to use pollutant reduction credits to offset reductions required by their permits. The credits may be generated by another wastewater treatment plant or by a nonpoint source. The goal of the program is to improve water quality and minimize the cost of achieving and maintaining water quality standards.

Trading is based on the idea that sources in a watershed can face very different costs to control the same pollutant. The program encourages trading water quality credits for nutrients, sediments, and other pollutants where opportunities exist to achieve water quality improvements.

Specific rule changes being considered include:

  • Using a water quality credit would not cause or contribute to a violation of water quality standards;
  • Load reductions funded through Ohio EPA’s Water Resource Restoration Sponsorship Program (WRRSP) would not be eligible for water quality credits;
  • Adjusting the size of hydrologic unit codes to make them consistent with other programs to identify areas where potential nonpoint source projects are located; and
  • Allowing compliance provisions that clarify responsibilities in each discharge permit when a permittee participates in water quality trading.

 

Ohio EPA will consider all comments before it formally proposes rule changes. When the rules are formally proposed, Ohio EPA will hold a public hearing and offer another public comment period before any rule changes are adopted.

$20,000 Penalty for Violating Ohio’s Air Pollution Control Laws

Kenmore Construction Co. Inc., will pay Ohio EPA a $20,000 penalty as a settlement for violating Ohio’s air pollution control laws at several construction sites in Summit County. The company also agreed to take steps to minimize or eliminate visible emissions of dust and particulates from its construction sites.

Kenmore is a general construction contractor with an office located at 700 Home Avenue in Akron, Ohio. On numerous occasions between 2007 and 2010, the company failed to properly control fugitive dust and particulate emissions at construction projects located in Akron and Cuyahoga Falls. The violations were documented by the Akron Regional Air Quality Management District (ARAQMD), Ohio EPA’s contractual representative responsible for administering the air pollution control program in Summit County. ARAQMD issued three Notice of Violation letters to the company in 2008, but violations continued through 2009 and in March 2010.

 

Dome Rock Industries, Inc. Agrees to $25,000 Settlement to Resolve Solid Waste, Water Quality Violations

The Arizona Department of Environmental Quality (ADEQ) and Arizona Attorney General’s Office announced that Dome Rock Industries, Inc., of Quartzsite, Arizona, has agreed to a $25,000 settlement for numerous water quality and solid waste violations at its La Paz County facility.

ADEQ’s water quality compliance section inspected the facility in October 2008 and recorded a number of violations to aquifer protection permit regulations, including using contaminated water to suppress dust, storing soil contaminated with petroleum and other oily waste materials on an unlined concrete pad constructed of masonry blocks, and operating an off-loading pad that discharged to the ground surface.

ADEQ’s solid waste inspection and compliance unit inspected the facility in September 2005 and April 2008 and documented numerous solid waste and used oil violations including the disposal of used oil on land, allowing the release of used oil to the environment by utilizing damaged or failing containers and tanks, failure to utilize secondary containment systems, and failure to take appropriate actions in response to a release of used oil to the land.

Dome Rock paid a $100,000 penalty in the aftermath of a September 2003 settlement for a series of hazardous waste violations that occurred in 2000. Dome Rock accepted loads of hazardous waste without a permit twice and then shipped the hazardous waste to another unpermitted facility where the waste was illegally burned. On each occasion, Dome Rock also failed to comply with various reporting and tracking requirements. On another occasion, the company unlawfully stored hazardous waste at its facility. Dome Rock Industries closed its plant in March 2009, shortly after the beginning of ADEQ’s investigation following the October 2008 inspection.

Although Dome Rock Industries closed its plant in March 2009, the settlement requires the company to seek clean closure of the site, which entails soil and, if necessary, groundwater sampling, to assess the impacts of its operations on the environment. The sampling results will dictate whether subsequent actions will be performed by the company to comply with state laws.

“This lack of management of its contaminated oil products put Arizona’s environment and the community at risk,” ADEQ Director Henry Darwin said. “This company was bringing a large amount of material from California. We’re happy that this site is no longer a dumping ground for out-of-state interests.”

“Waste oil processors need to rigorously comply with state standards to protect the health of our citizens and our environment,” Attorney General Tom Horne said.

All Pro Industrial of Tempe to Pay $40,000 Penalty to Resolve Hazardous Waste Violations at Paint Plant

The ADEQ and Arizona Attorney General’s Office announced that All Pro Industrial, 1531 W. 17th St. in Tempe, Arizona, has agreed to pay a $40,000 penalty for hazardous waste violations at its paint production plant.

The All Pro plant formulates paint and powder-coat products and finishes parts to the specifications of its customers. It has an overlay and powder-coating operation and multiple metal parts surface treatment operations.

During inspections of the facility by ADEQ’s Hazardous Waste Inspections and Compliance Unit in February and March 2008, compliance officers observed a number of violations at the plant including open hazardous waste containers, failure to store hazardous waste containers at least 50 feet from its property line, handling hazardous waste without a permit, and failure to comply with emergency preparedness requirements and list emergency coordinators.

Also, All Pro was cited for failure to maintain adequate aisle space between containers, failure to document proper inspections and mark and date hazardous waste containers, and failure to comply with personnel training requirements.

All Pro Industrial was issued a notice of violation by ADEQ in June 2008. “The company had a number of serious violations that potentially affected its workers and the surrounding environment,” ADEQ Director Henry Darwin said. “But the company has stepped up and improved the way it does business.”

“Arizona companies must comply with the requirements that guide hazardous waste handling and disposal,” said Arizona Attorney General Tom Horne.

Connecticut Electric Distribution Company Pays Fine for PCB Violations

 

In addition, the company failed to specify the date of removal from service for disposal and the weight of PCB waste identified on two manifests in 2010.

The recordkeeping requirements in federal PCB laws, including requirements to maintain annual document logs and proper manifests, impose minimal administrative costs and burden on facilities compared to the significant value gained in EPA’s use of the data to determine which facilities have PCBs, whether facilities are in compliance with the regulations, and track PCBs to the point of final disposal.

United Illuminating has since come into compliance with the recordkeeping requirements in the PCB regulations. PCBs are persistent in the environment and are suspected carcinogens. Exposure to PCBs can cause liver problems and skin rashes.

$206,000 Penalty for Ammonia Risk Management Violations

The John Morrell Company has agreed to pay a $206,000 penalty and improve the maintenance of process equipment at its Sioux Falls, South Dakota, meat packing facility to resolve alleged Clean Air Act (CAA) violations.

The John Morrell facility in Sioux Falls is subject to risk management regulations because it uses large quantities of anhydrous ammonia. EPA inspectors found that the facility had not adequately implemented these regulations.

“Anhydrous ammonia is acutely toxic and extremely hazardous when released into the air,” said Mike Gaydosh, director of EPA’s enforcement program in Denver. “Failing to establish adequate risk management programs and keep plans updated can increase the risk of accidents and compromise the effectiveness of emergency response actions.”

John Morrell has had several releases of anhydrous ammonia at the Sioux Falls facility in the past, including one in 2004 which resulted in a penalty from the Occupational Safety and Health Administration.

$60,000 Fine for Filling Waterway without a Permit

Bradley Land Company has agreed to pay a fine of $60,000 to settle allegations by California’s Central Coast Water Board that it violated laws against filling waterways without a permit. Protecting riparian areas, wetlands, and their buffer zones is one of the Central Coast Water Board’s highest priorities. Protecting this habitat is a critical part of protecting water quality, wildlife, and human health.  In 2007, Bradley Land Company and its tenant graded and modified the channel of Green Canyon Creek, southeast of Santa Maria, California, without first obtaining required permits. Federal and state laws prohibit this type of habitat degradation. The Central Coast Water Board probably would not have permitted the activity even if Bradley had applied for a permit.

In calculating the penalty, the Water Board took into account any profit the dischargers may have made from this illegal activity. Bradley Land Company claimed that its tenant, Main Street Farms, was doing the work to make farming of the property easier. However, while federal law does include some exceptions for agriculture, converting wetlands and watercourses to agricultural land is not allowed unless properly reviewed and permitted. The Water Board and Bradley Land Company jointly negotiated a settlement to resolve the violations. The Central Coast Water Board is responsible for protecting and restoring water quality in the 300-mile-long coastal region from southern San Mateo and Santa Clara counties to the northern part of Ventura County.

Oil Company Pleads Guilty to Clean Air Act and Obstruction of Justice Crimes in Louisiana

 

If the court sentences according to the terms in the plea agreement, Pelican will pay $12 million in criminal penalties, including $2 million in community service payments that will go toward various environmental projects in Louisiana, including air pollution monitoring. Pelican would be banned from future refinery operations unless and until it implements an environmental compliance plan, which includes external auditing by independent firms and oversight by a court appointed monitor. It would mark the largest ever criminal fine in Louisiana for violations of the CAA.

In pleading guilty, officials of Pelican, headquartered in Houston and operating a refinery in Lake Charles, Louisiana, admitted that the company had violated numerous aspects of its permit to operate. The violations were discovered during a March 2006 inspection by the Louisiana Department of Environmental Quality (LDEQ) and the EPA, which identified numerous unsafe operating conditions. Pelican also pleaded guilty to obstruction of justice for submitting materially false deviation reports to LDEQ, the agency that administers the federal CAA in Louisiana.

Pelican has admitted to the following:

  • Pelican had no company budget, no environmental department and no environmental manager;
  • In order to comply with a permit issued under the CAA, the refinery was required to use certain key pollution prevention equipment, but that equipment was either not functioning, poorly maintained, improperly installed, improperly placed into service and/or improperly calibrated;
  • It was a routine practice for over a year to use an emergency flare gun to re-light the flare tower at the refinery which was designed to burn off toxic gases and provide for the safe combustion of potentially explosive chemicals; because the pilot light was not functioning properly, employees would take turns trying to shoot the flare gun to relight the explosive gases;
  • Sour crude oil was stored in a tank that was not properly placed into service and remained in the tank after the roof sank;
  • A caustic scrubber designed to remove hydrogen sulfide from emissions was bypassed; and
  • A continuous emission monitoring system (CEMS) designed to measure the hydrogen sulfide levels in refinery emissions was not working properly.

“Facilities that operate in our backyards have a responsibility to follow our nation’s environmental laws, like the Clean Air Act, which is designed to protect the air we breathe and the local environment,” said Assistant Administrator Giles. “Today’s guilty plea shows that businesses that choose to ignore these critical safeguards and put their employees and the public at risk will face serious consequences.”

“This case illustrates the level of cooperation between the investigative resources within our state and federal law enforcement partners,” said Colonel Mike Edmonson, Louisiana State Police Superintendent. “Louisiana’s Environmental Crimes Task Force, consisting of investigators assigned from state police, LDEQ and EPA, remains committed to investigating and bringing to justice those persons or entities that violate the nation’s environmental laws and regulations.”

Byron Hamilton, the Pelican vice-president who oversaw operations at the Lake Charles refinery since 2005 from an office in Houston pleaded guilty on July 6, 2011, to negligently placing persons in imminent danger of death and serious bodily injury as a result of negligent releases at the refinery. Hamilton faces up to one year in prison and a $200,000 fine for each of the two CAA counts.

The government’s investigation of the Pelican Refinery is continuing. Under the Crime Victims’ Rights Act, crime victims are afforded certain statutory rights, including the opportunity to attend all public hearings and provide input to the prosecution.

The criminal investigation is being conducted by the EPA Criminal Investigation Division in Baton Rouge and the Louisiana State Police, with assistance from the LDEQ. The case is being prosecuted by U.S. Attorney Stephanie Finley, Richard A. Udell, Senior Trial Attorney and Trial Attorney Christopher Hale, both with the Environmental Crimes Section of the Environment and Natural Resources Division of the U.S. Department of Justice.

Texas Natural Gas and Oil Drilling Contractor Pleads Guilty to Negligent Violation of Clean Water Act in Oklahoma

Integrated Production Services, LLC, (IPS), a Houston-based natural gas and oil drilling contractor, pleaded guilty to a negligent violation of the Clean Water Act (CWA) in federal court in Muskogee, Oklahoma, announced Assistant Attorney General Ignacia S. Moreno for the Justice Department’s Environment and Natural Resources Division, and Mark Green, U.S. Attorney for the Eastern District of Oklahoma.

In entering the plea, which is subject to approval by the court, IPS has agreed to pay a $140,000 criminal fine and to make a community service payment of $22,000 to the Oklahoma Department of Wildlife Conservation for ecological studies and remediation of Boggy Creek, located in eastern Oklahoma. IPS will serve a two-year period of probation, during which it will be required to implement and perform an environmental compliance program at a cost of $38,000, to train IPS employees regarding proper hazardous waste handling and spill response procedures.

In May 2007, IPS was performing drilling operations at the Pettigrew natural gas well site in Atoka County, Oklahoma. The company’s operations included hydraulic fracturing, which entails the use of drills and hydrochloric acid to penetrate through bedrock and substrata in order to access natural gas reserves. On May 24, 2007, a tank at the site leaked hydrochloric acid onto the bermed surface of the well, which also was flooded due to recent heavy rainfall. Rather than taking the necessary steps to properly remove the rainwater from the site, Gabriel Henson, an IPS supervisor, drove a company pickup truck through the earthen berm, causing the discharge of the rainwater and an estimated 400-700 gallons of hydrochloric acid into Dry Creek, a tributary of Boggy Creek.

On July 20, 2011, Henson pleaded guilty to a misdemeanor violation of the CWA. Henson is awaiting sentencing. He faces up to one year in prison and a $100,000 fine.

“As hydraulic fracturing occurs with increasing frequency across the country, companies and individuals involved in those operations must adhere to the laws that protect human health and the environment and level the playing field for responsible businesses,” said Assistant Attorney General Moreno. “We recognize the critical importance of developing domestic sources of energy responsibly, and will continue to vigorously prosecute illegal conduct.”

“This was a case of a corporate employee making a careless decision that caused the release of dangerous hydrochloric acid into our waters,” said U.S. Attorney Green. “Whether to expedite oil production or to save corporate expense, these types of actions cannot be justified nor can they be tolerated. This office will pursue all legal remedies necessary to prevent and/or punish such actions.”

“Hydrochloric acid is a highly corrosive substance. Its release into a tributary of Boggy Creek was a serious threat to the environment,” said Ivan Vikin, Special Agent-in-Charge of the EPA’s criminal enforcement program in Oklahoma. “Today’s guilty plea demonstrates that companies will be held responsible for environmental crimes.”

This case was investigated by the EPA Criminal Investigation Division and the Oklahoma Attorney General’s Office of Inspector General. The case is a joint prosecution between the U.S. Attorney’s Office for the Eastern District of Oklahoma and the Environmental Crimes Section of the U.S. Department of Justice, Environment and Natural Resources Division.

Massachusetts Company Faces Fines for Oil Pollution Prevention Violations

According to a complaint filed recently by EPA’s New England office, Swissport Fueling, Inc., of Dulles, Virginia, and BOSFuel Corp., of Fort Worth, Texas, did not properly execute its emergency spill response plan at the Logan facility, in Massachusetts, in violation of the oil pollution prevention regulations under the federal CWA.

The Logan facility, which has been operated by BOSFuel since 1999, has an above-ground oil storage capacity of 7.3 million gallons and an underground capacity of 487,000 gallons. Swissport Fueling operates the facility on a day-to-day basis.

Federal law requires that certain sized facilities having the potential for spills, take every step possible to prevent, before they occur, oil discharges to the nation’s rivers, lakes, and oceans primarily through preparing and using Spill Prevention Control and Countermeasure (SPCC) plans. Since oil spills do happen, the law recognizes that facilities should know how to respond as quickly as possible to minimize environmental damage and threats to public health and nearby infrastructure. Therefore federal law also requires detailed and coordinated emergency response planning for those facilities that can be expected to cause “substantial harm” to the environment, should a spill occur.

Swissport Fueling and BOSFuel are responsible for managing more than one million gallons of fuel oil storage. Because storm drains at the Logan facility empty into Boston Harbor and Boston Inner Harbor, any oil spills could have substantial consequences, greatly impacting the local environmental, economy, and commerce. Given the facility’s large storage capacity and its proximity to fish and wildlife and sensitive areas, it is required to have a Facility Response Plan (FRP) as well as an SPCC plan.

In the event of a spill, the FRP regulations require the companies to have emergency response procedures in place, adequate employee training and appropriate spill response equipment, as well as a contingency plan for containing and cleaning up a release.

EPA’s penalty complaint stems from a May 31 unannounced exercise carried out by representatives of EPA, the Massachusett’s Department of Environmental Protection (MassDEP), and the U.S. Coast Guard at the Logan facility. The objective of this exercise—a simulated oil spill—is to determine whether a facility can successfully respond to an oil release. As a result of the May exercise, EPA determined that the companies could not properly put in place the facility’s FRP and its personnel were not adequately trained in carrying out the response plan, resulting in an “unsuccessful” overall rating for the exercise.

Every year, thousands of gallons of oil are spilled from large and small oil storage facilities and result in pollution of New England waters. Spill Prevention Control and Countermeasure plans and FRPs are critical to ensuring that such spills are prevented and, if they do occur, adequately addressed. EPA will continue to pay unannounced visits to facilities throughout New England.

Ryland Group Inc. to Pay $625,000 Clean Water Act Penalty and Implement Company-Wide Stormwater Controls

The Ryland Group Inc., one of the nation’s largest homebuilders, will pay a civil penalty of $625,000 to resolve alleged CWA violations at its construction sites, including sites located in the Chesapeake Bay Watershed. Ryland will also invest in compliance programs to improve employee training and increase management oversight at all current and future construction sites. The company is required to inspect its current and future construction sites routinely to minimize stormwater runoff from sites.

“This settlement will help protect communities in states across the nation from harmful pollutants in stormwater runoff,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “Polluted stormwater runoff can contaminate rivers, lakes and sources of drinking water, and it can be easily prevented with the system-wide management controls and training that this settlement now requires Ryland to implement.”

“Protecting America’s water resources, like the Chesapeake Bay, by keeping contaminated stormwater from flowing unchecked into our waterways is one of EPA’s top priorities,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance and Assurance. “Today’s settlement will improve Ryland’s oversight of stormwater runoff at its construction sites nationwide and protect our nation’s water resources.”

EPA estimates the settlement will prevent millions of pounds of sediment from entering U.S. waterways every year, including sediment that would otherwise enter the Chesapeake Bay, North America’s largest and most biologically diverse estuary. The bay and its tidal tributaries are threatened by pollution from a variety of sources and are overburdened with nitrogen, phosphorus, and sediment that can be carried by stormwater.

The government complaint, filed simultaneously with the settlement agreement in the U.S. District Court in Charlotte, North Carolina., alleges a pattern of violations that was discovered through site inspections and by reviewing documentation submitted by Ryland. The alleged violations include failure to obtain permits until after construction began, failing to obtain permits at all, or failing to comply with permit requirements at sites where Ryland did obtain permits. Alleged permit violations include not developing complete stormwater pollution prevention plans, failure to conduct adequate inspections, and failure to install or implement adequate stormwater controls or practices.

These controls include common-sense safeguards such as silt fences, phased site grading, and sediment basins to prevent common construction contaminants from entering the nation’s waterways.

The settlement requires Ryland to obtain all required permits, develop site-specific pollution prevention plans for each construction site, conduct additional site inspections beyond those required by stormwater regulations, and document and promptly correct any problems detected. The company must properly train construction managers and contractors on stormwater requirements and designate trained staff for each site. Ryland must also submit national compliance summary reports to EPA based on its quarterly management oversight inspections and reviews.

This settlement is the latest in a series of enforcement actions to address stormwater violations from residential construction sites around the country. Keeping contaminated stormwater out of America’s waters is one of EPA’s national enforcement initiatives. Construction projects have a high potential for environmental harm because they disturb large areas of land and significantly increase the potential for erosion. Without onsite pollution controls, sediment-laden runoff from construction sites can flow directly to the nearest waterway and degrade water quality. In addition, stormwater can pick up other pollutants, including concrete washout, paint, used oil, solvents, and trash. Polluted runoff can harm or kill fish and wildlife, degrade aquatic habitats, and affect drinking water quality.

Seven states have joined the settlement. The states of Colorado, Florida, Illinois, Indiana, Maryland, Nevada, and the commonwealth of Virginia will receive a portion of the $625,000 penalty. The settlement also includes sites in the states of California, Georgia, Kentucky, Minnesota, North Carolina, South Carolina, and Texas.

The consent decree, lodged in the U.S. District Court for the Western District of North Carolina, is subject to a 30-day public comment period and approval by the federal court.

XTO Energy Agrees to Resolve Compliance Issues

The New Mexico Environment Department (NMED) entered into a Stipulated Final Order with XTO Energy, Inc. assessing a penalty of $421,340 for air quality violations. XTO Energy is a Texas natural gas company owned by Exxon Mobil Corporation.

“This is an example of a company that identified environmental violations, came forward with those violations to the Department, and paid an appropriate penalty to the State for the violations,” said NMED Secretary Dave Martin. “We commend XTO Energy for working with the Department to resolve all outstanding compliance issues.”

XTO Energy owns 387 compressor engines required under Air Quality Control Regulations to have “notices of intent” or “NOIs” to emit air pollutants because the engines’ air pollutant emissions exceeded 10 tons per year. XTO also owned 1 engine required under the Regulations to have an air quality permit to operate because the engine’s pollutant emissions exceeded 10 pounds per hour or 25 tons per year.

XTO self-identified that the 387 engines needed NOIs and the 1 engine needed a permit, and worked cooperatively with NMED to ensure that all air quality permit requirements were met.

Companies Receive Colorado Environmental Leadership Awards

Colorado Governor John Hickenlooper recognized more than 125 companies for their outstanding environmental achievements that help keep Colorado a popular place for people to work and to live.

The Colorado Department of Public Health and Environment, in cooperation with the Pollution Prevention Advisory Board and the Colorado Environmental Partnership, presented the 12th annual Environmental Leadership Awards at the Seawell Grand Ballroom at the Denver Center for the Performing Arts. The awards recognized Colorado organizations with Gold, Silver and Bronze designations for voluntarily going beyond compliance with state and federal regulations and for their commitment to continual environmental improvement.

This year’s program recognized 11 new Gold Leaders, including the City of Aspen, ddpiX, LLC, and the U. S. Air Force Academy, which join 51 other companies and organizations already designated as Gold Leaders. There currently are an additional 44 companies designated as Silver Partners and 20 companies designated as Bronze Leaders.

In addition, Governor Hickenlooper presented the “24-Karat Gold Award” this year to Gary Horton of Cripple Creek & Victor Gold Mining Company. This award is determined each year by the other Gold Leaders. Each Gold Leader company was asked to nominate an individual or team from their company who has gone above and beyond required job duties in the creation and implementation of a program or initiative that has made a measurable contribution to the environment, the economy, and society.

The Colorado Environmental Leadership Program is a statewide environmental recognition and reward program administered by the Department of Public Health and Environment’s Office of Environmental Integration and Sustainability. The program is open to all Colorado businesses, industries, offices, educational institutions, municipalities, government agencies, communities, nonprofits, and other organizations.

 

Massachusetts Tool Maker Will Pay $227,500 for Clean Water Act Violations

Mayhew Steel Products, a tool manufacturer in Shelburne Falls, Massachusetts, has agreed to pay penalties totaling $227,500 to settle two separate claims by EPA that it violated the federal CWA.

According to EPA, Mayhew discharged wastewater to the Shelburne Falls sewer system containing more zinc and with a higher acidity than allowed by federal standards. EPA also alleged that Mayhew failed to meet its reporting requirements for discharges to a public sewer system, failed to obtain a permit for stormwater discharges to the Deerfield River, and failed to develop a plan intended to prevent spilled oil from harming nearby waterways.

 

Ohio Conference Will Help Answer Businesses’ Environmental Regulation Questions

Ohio EPA will host the sixth Compliance Assistance Conference on November 7-8, 2011, which will be held at the Crowne Plaza North, in Columbus, to help businesses, non-profits, and municipalities keep on top of environmental regulations. The conference cost is $125.

Organizations will gain valuable information and contacts to help with environmental compliance responsibilities. Past attendees have provided positive feedback about the conference and those comments were considered in developing this year’s agenda.

A large part of the conference remains targeted to small and medium-sized businesses and others who need to know the basics about environmental compliance. However, this year’s expanded agenda includes more advanced topics, such as New Source Review (NSR) for air emissions sources, and Title V permits and reporting.

Some of the topics include:

  • Air permitting basics and reporting;
  • Preparing for an Ohio EPA inspection;
  • Hazardous waste requirements overview;
  • Used oil and SPCC requirements;
  • Reporting when things go wrong;
  • Solid waste basics;
  • Wastewater discharge permits and new electronic (e-DMR) reporting;
  • Ohio EPA’s new expedited enforcement policy; and
  • Stormwater and wetland requirements for construction.

On November 8, there will be an “Ask the Experts” session for participants to ask Ohio EPA technical experts questions related to their air, waste, and water compliance requirements. 

Environmental News Links

 

Trivia Question of the Week

What has proven an effective substance in decontaminating soils contaminated with solvents?
a. Coffee
b. Orange rinds
c. Sewage sludge
d. Molasses