New Revisions to Mercury and Air Toxics Standards, Proposed Revisions to Oil and Gas Storage Tank Standards

New Revisions to Mercury and Air Toxics Standards, Proposed Revisions to Oil and Gas Storage Tank Standards

The updates are largely technical in nature and will have no impact on the sensible, achievable, and cost-effective standards already set for existing power plants. The public health benefits and costs of the rule remain unchanged. EPA estimates that the standards, which will protect the health of millions of families, especially children, will prevent as many as 11,000 premature deaths and 4,700 heart attacks every year. The standards will also help America’s children grow up healthier—preventing 130,000 cases of childhood asthma symptoms and about 6,300 fewer cases of acute bronchitis among children each year.

The updated standards only apply to future power plants and do not change the types of pollution control technology that plants would install. The updates ensure that emissions limits are achievable and that pollution levels can be measured continuously.

EPA’s mercury and air toxics standards are the first national standards to protect American families from power plant emissions of mercury and toxic air pollution like arsenic, acid gas, nickel, selenium, and cyanide. EPA considered dozens of public comments from a range of stakeholders, including industry and environmental groups, as part of the public process to update the new source standards.

The proposed changes reflect recent information showing that more higher-volume storage tanks will be coming on line than the agency originally estimated and would provide storage tank owners and operators additional time to comply with a requirement to reduce volatile organic compound emissions while equipment to reduce those emissions is being manufactured. EPA will take comment on the proposal for 30 days after it is published in the Federal Register and will hold a public hearing if requested.

New Orleans RCRA and DOT Training

Virginia Beach RCRA and DOT Training

St. Louis RCRA and DOT Training

How to Implement OSHA’s Globally Harmonized Hazard Communication Standard (GHS)

OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, material safety data sheet (now called “safety data sheet” or SDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on SDSs.

Environmental Resource Center is offering live online training for you to learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented. 

EPA Corrects Error in Title V Permit Regulations

EPA is proposing to restore a sentence that was inadvertently removed from the operating permits program rules found in 40 CFR parts 70 and 71 due to an editing error. This error occurred in a June 27, 2003, final rule (68 FR 38517) amending the compliance certification requirements in 40 CFR 70.6(c)(5)(iii)(B) and 71.6(c)(5)(iii)(B). The final rule removed the following sentence from the end of paragraph (c)(5)(iii)(B) of both sections: “If necessary, the owner or operator also shall identify any other material information that must be included in the certification to comply with section 113(c)(2) of the Act, which prohibits knowingly making a false certification or omitting material information.” 

This sentence was originally added to the operating permits rules in the context of the 1997 Compliance Assurance Monitoring (CAM) rulemaking, which clarified the use of CAM monitoring data in compliance certifications. Specifically, this sentence was intended to clarify that material information (i.e., compliance information beyond required monitoring) known by the owner or operator must be identified and addressed in compliance certifications consistent with section 113(c)(2) of the Act and the 1997 Credible Evidence rule. The 2003 rulemaking that erroneously removed the subject sentence was intended to address a court remand concerning other aspects of the annual compliance certification requirements of title V.

The EPA is requesting comments only on whether, on the sole basis that the removal of the language in question was inadvertent, the language in question should or should not be restored. However, the EPA is not requesting comments on any other aspects of these provisions or on any other provisions of the part 70 and 71 rules.

New NPDES Permit for Vessels

The final vessel general permit covers commercial vessels greater than 79 feet in length, excluding military and recreational vessels, and will replace the 2008 vessel general permit due to expire on December 19, 2013.

This permit regulates 27 specific discharge categories, and will also provide improvements to the efficiency of the permit process, and clarify discharge requirements by the following:

• Reduce the risks of introduction of invasive species. The permit includes a more stringent numeric discharge standard limiting the release of non-indigenous invasive species in ballast water. The permit also contains additional environmental protection for the Great Lakes, which have suffered disproportionate impacts from invasive species, aligning federal standards with many Great Lakes states by requiring certain vessels to take additional precautions to reduce the risk of introducing new invasive species to US waters.
• Reduce administrative burden for vessel owners and operators. The permit will eliminate duplicative reporting requirements, expand electronic recordkeeping opportunities, and reduce self-inspection frequency for vessels that are out of service for extended periods.
•  
• EPA is issuing the permit in advance of the current permit’s expiration to provide the regulated community time and flexibility to come into compliance with the new requirements.

EPA Proposes Cleaner Fuels and Cars Standard

These cleaner fuels and cars standards are an important component of the administration’s national program for clean cars and trucks, which also include historic fuel efficiency standards that are saving new vehicle owners at the gas pump today.

Following a proven systems approach that addresses vehicles and fuels as an integrated system, this proposal will enable the greatest pollution reductions at the lowest cost. The proposal will slash emissions of a range of harmful pollutants that can cause premature death and respiratory illnesses, including reducing smog-forming volatile organic compounds and nitrogen oxides by 80%, establish a 70% tighter particulate matter standard, and reduce fuel vapor emissions to near zero. The proposal will also reduce vehicle emissions of toxic air pollutants, such as benzene and 1,3-butadiene, by up to 40%.

The proposal supports efforts by states to reduce harmful levels of smog and soot and eases their ability to attain and maintain science-based national ambient air quality standards to protect public health, while also providing flexibilities for small businesses, including hardship provisions and additional lead time for compliance.

“The Obama Administration has taken a series of steps to reinvigorate the auto industry and ensure that the cars of tomorrow are cleaner, more efficient and saving drivers money at the pump and these common-sense cleaner fuels and cars standards are another example of how we can protect the environment and public health in an affordable and practical way,” said EPA Acting Administrator Bob Perciasepe. “Today’s proposed standards—which will save thousands of lives and protect the most vulnerable—are the next step in our work to protect public health and will provide the automotive industry with the certainty they need to offer the same car models in all 50 states.

By 2030, EPA estimates that the proposed cleaner fuels and cars program will annually prevent up to 2,400 premature deaths, 23,000 cases of respiratory ailments in children, 3,200 hospital admissions and asthma-related emergency room visits, and 1.8 million lost school days, work days and days when activities would be restricted due to air pollution. Total health-related benefits in 2030 will be between $8 and $23 billion annually. The program would also reduce exposure to pollution near roads. More than 50 million people live, work, or go to school in close proximity to high-traffic roadways, and the average American spends more than one hour traveling along roads each day.

Throughout the development of the proposal, EPA met with representatives from the automotive and oil and gas industry as well as environmental, consumer advocacy, and public health organizations. Based on initial feedback from these groups and a thorough rulemaking process, EPA’s proposal is estimated to provide up to seven dollars in health benefits for every dollar spent to meet the standards. The proposed sulfur standards will cost refineries less than a penny per gallon of gasoline on average once the standards are fully in place. The proposed vehicle standards will have an average cost of about $130 per vehicle in 2025. The proposal also includes flexibilities for small businesses, including hardship provisions and additional lead time for compliance.

Reducing sulfur in gasoline enables vehicle emission control technologies to perform more efficiently. This means that vehicles built prior to the proposed standards will run cleaner on the new low-sulfur gas, providing significant and immediate benefits by reducing emissions from every gas-powered vehicle on the road.

The proposal is designed to be implemented over the same timeframe as the next phase of EPA’s national program to reduce greenhouse gas (GHG) emissions from cars and light trucks beginning in model year 2017. Together, the federal and California standards will maximize reductions in GHGs, air pollutants, and air toxics from cars and light trucks while providing automakers regulatory certainty and streamlining compliance.

Revised Plastic Container Rules Take Effect

Plastic packaging gets a green boost in 2013 as revised regulations go into effect in California that are intended to decrease the use of new plastic and increase the use of recycled postconsumer plastic to manufacture rigid containers.

At issue are a wide variety of rigid plastic packaging containers, or RPPCs, such as bottles, buckets, and the clamshells often found enclosing or protecting products. The revised rules expand the definition of an RPPC and provide additional options for product manufacturers to demonstrate compliance. Some of the products impacted by the revised rules include cleaning supplies, tools, consumer electronics, and hardware.

“RPPCs are ubiquitous—just go into any store or online and you’ll get an idea how abundant plastic packaging is,” said Caroll Mortensen, director of the Department of Resources Recycling and Recovery (CalRecycle). “Many product manufacturers are already using packaging that contains recycled plastics. The revised rules provide even more opportunities for product manufacturers to reduce the amount of plastics ending up in California’s landfills and the ocean.”

In general terms, under both the old and the revised rules, a regulated RPPC sold in California must meet at least one of the following criteria:

• It must be made from at least 25% postconsumer plastic
• The container weight must be reduced by at least 10%
• The RPPC must be reusable and routinely reused at least 5 times
• It must be recycled at a 45% recycling rate

Under the revised rules:

• Product manufacturers must register with CalRecycle
• Product manufacturers that sell products in RPPCs in California are responsible for using compliant RPPCs. California sales include remote sales through distributors and/or wholesalers and through the Internet
• The RPPC must be capable of at least one closure (including closure during the manufacturing process)
• The “reusable” term now excludes containers that store original products for sale
• Manufacturers cannot switch to using a different plastic resin in an RPPC to achieve a 10% weight reduction

Honeywell Resins and Chemicals to Pay $3 Million Penalty, Upgrade Air Pollution Controls

The proposed consent decree resolves violations of federal and state air pollution regulations at the Hopewell plant, the world’s largest single-site producer of caprolactam used in the production of nylon, and ammonium sulfate used for fertilizer. According to EPA and the Virginia Department of Environmental Quality, the facility violated Clean Air Act limits on emissions of nitrogen oxide (NOx), benzene and other volatile organic compounds (VOCs) and particulate matter. The plant also allegedly failed to comply with requirements to upgrade air pollution control equipment, to detect and repair leaks of hazardous air pollutants, and to develop safeguards on benzene waste.

In addition to the $3 million civil penalty, Honeywell has agreed to reduce harmful air pollutants, install selective catalytic reduction at four production trains at the facility, conduct a third-party benzene waste operations audit, and implement an enhanced leak detection and repair program at the facility. Honeywell will also perform a mitigation project valued at approximately $1 million at the facility. The settlement reduces annual emissions of NOx by about 6,260 tons, and cuts annual emissions of benzene, other VOCs, and hazardous air pollutants by 100 tons. The estimated cost for injunctive relief to address these emissions will be approximately $66 million dollars. The civil penalty will be split evenly between Virginia and the United States.

As part of the settlement, Honeywell did not admit liability for the violations, but has certified that it is now in compliance with applicable Clean Air Act regulations. The proposed consent decree is subject to a 30 day public comment period and final court approval.

Ship Repair Co. Fined More than $700,000 for Water Pollution Violations

The settlement, a consent decree, was lodged with the US District Court for the District of Hawaii and is subject to a 30-day public comment period and court approval.

“To protect Hawaii’s precious coastal waters and coral reefs, ship repair facilities must have pollution controls in place,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Our action will help improve Oahu’s water quality by having Marisco redesign its operations to comply with federal law.”

“Our Clean Water team is committed to guarding the quality of Hawaii’s waters,” said Gary Gill, Deputy Director, Environmental Health Administration, Hawaii State Department of Health. “We work hand-in-hand with EPA to perform the tough field work necessary to protect Hawaii’s people and the island environment from pollution.”

During an inspection in 2008, EPA and Hawaii DOH observed storage of leaking equipment, workers washing down work areas directly into the harbor, and sandblast material from Marisco’s operations discharged into the harbor.

In addition to the civil penalties, the settlement requires Marisco to use clean water to wash the drydock after paint removal and sandblasting, collect the water used for washing, and treat it to ensure that it is not discharged when the drydock is lowered into the harbor.

EPA and DOH’s actions will ensure that Marisco’s discharges meet the Clean Water Act permit effluent limits, particularly for copper and zinc. Marisco must treat and dispose the water used for washing the drydock in accordance with federal, state, and local laws and ordinances. These actions should result in the reduction of about 295 lb per year of copper, 94 lb per year of zinc, 14 lb of solids and 8 lb of oil and grease to the harbor waters.

Alaska Seafood Processors Settle with EPA for Clean Water Act Waste Discharge Violations

Two seafood processors operating in Alaskan waters failed to comply with Clean Water Act permits that regulate seafood waste discharges, according to settlement agreements with the EPA. Aleutian Leader Fisheries and Salamatof Seafoods agreed to settle the violations with EPA in separate agreements and pay fines.

“Clean Water Act permits protect Alaska’s important marine habitat and the ocean food chain,” said Jeff KenKnight, manager of the National Pollutant Discharge Elimination System Compliance Unit at the EPA office in Seattle. “All seafood processors need to comply with permit requirements to level the playing field for businesses and ensure that everyone is doing their part to protect the environment.”

The Clean Water Act requires vessels and shore-based seafood processing facilities to grind seafood waste to a maximum size of ½ inch in order to increase dispersion of solids into the ocean. This ½ inch grind requirement was created specifically to protect remote areas of Alaska.

Aleutian Leader Fisheries LLC

EPA inspected the vessel F/V Judi B and the company’s office records in March 2012 and identified a series of permit violations, including failure to sample effluent for metals; failure to keep inspection logs of equipment and seafood waste size; failure to submit reports describing annual operations; and failure to develop a best management practices plan that would be protective of the marine environment.

The F/V Judi B operates in the North Pacific Ocean and harvests pacific cod, sablefish, turbot, rockfish and skate.

The violations occurred between 2008 and 2011. The company agreed to pay $59,000 to settle the violations.

Salamatof Seafoods, Inc.

The Salamatof Seafoods shore-based facility is authorized to discharge seafood waste into the Kenai River. During a 2008 inspection, the Alaska Department of Environmental Conservation found that the facility had several violations of its permit including failure to monitor the seafloor in the area it discharges; failure to ensure the discharged seafood waste met minimal size requirements; and failure to repair an outfall in a timely manner.

In addition, the company failed to submit annual reports that inform agencies of the use and potential degradation of natural resources. EPA fined Salamatof Seafoods in 2008 for previously failing to file annual reports.

EPA relied on inspection reports from the Alaska Department of Environmental Conservation to identify violations and reach a settlement.

The facility processes cod, halibut, rockfish and salmon. The violations occurred between 2008 and 2012. The company agreed to pay $45,000 to settle the violations.

DOT Proposes $1.7 Million in Civil Penalties for ExxonMobil for Yellowstone River Pipeline Failure

As a result of its accident investigation, PHMSA is alleging that ExxonMobil failed to properly address known seasonal flooding risks to the safety of its pipeline system, including excessive river scour and erosion, and to implement measures that would have mitigated a spill into a waterway. In addition, the agency’s Notice of Probable Violation alleges that ExxonMobil failed to establish written procedures for its staff to take prompt and effective action to protect the Silvertip pipeline from floods and other natural disasters, and to minimize the volume of oil released from any section along the pipeline’s system, similar to what occurred in the Yellowstone River.

“It is our priority to ensure that America’s transportation system is the safest in the world,” said US Transportation Secretary Ray LaHood. “This system includes the nation’s 2.6 million miles of pipelines and it is our responsibility to see that those who operate them are held accountable for adhering to federal safety standards.”

The Silvertip Pipeline is a 12-inch pipeline approximately 69 miles in length and transports crude oil from the Silvertip station in Elk Basin, Wyoming, to an ExxonMobil Refinery in Billings, Montana. A failure involving the operator’s Silvertip Pipeline resulted in the release of 1509 barrels of crude oil during excessive flooding and adverse weather conditions on July 1, 2011.

In addition to the proposed fine, PHMSA issued a proposed compliance order, directing the operator to implement ongoing training for supervisory and control room personnel on emergency response procedures, including reacting to abnormal conditions involving the natural environment surrounding their pipelines and the proper operation of remote control valves.

Immediately following the Silvertip Pipeline failure, PHMSA issued ExxonMobil a Corrective Action Order directing the company to take a number of measures to ensure its safe restart and continued operation. Among other things, the order required ExxonMobil to replace and re-bury the pipeline underneath the Yellowstone River, evaluate the pipeline for any existing or potential damage in all areas where it intersects with waterways, and revise its operation and emergency response procedures. All of the required actions of PHMSA’s order were completed by August 2012.

The Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, signed into law last year by President Obama, doubled the maximum civil penalty amount PHMSA can issue to pipeline operators for violating pipeline safety regulations from $100,000 to $200,000 for each violation, and from $1,000,000 to $2,000,000 for a related series of violations. The Act also authorized PHMSA to increase its federal pipeline inspector workforce.

Computer Company Owner Sentenced for International E-waste, Counterfeiting Crimes

A Michigan computer company and its owner were sentenced recently for trafficking in counterfeit goods and services and violating environmental laws.

US District Judge David M. Lawson sentenced Mark Jeffrey Glover, to 30 months in prison and a $10,000 fine, and his company, Discount Computers, Inc. (DCI), a $2 million fine with $10,839 in restitution to Michigan landlord, for trafficking in counterfeit goods and services. DCI was also sentenced for storing and disposing of hazardous waste without a permit. Glover pleaded guilty to the charges on his behalf and that of his company in October 2012.

DCI, headquartered in Canton, Michigan, with warehouses in Maryland Heights, Missouri, and Dayton, New Jersey, operated as a broker of used electronic components, including computers and televisions. DCI resold working and disassembled broken items, selling them for scrap. A large part of DCI’s business involved exporting used cathode ray tube (CRT) monitors to countries in the Middle East and Asia.

Egypt prohibits the importation of computer equipment that is more than five years old. To evade this requirement, all three DCI locations replaced the original factory labels on used CRT monitors with counterfeit labels, which reflected a more recent manufacture date. Over a five-year period, DCI sent at least 300 shipments to Egypt, with a total shipment value of at least $2.1 million, constituting more than 100,000 used CRTs monitors.

It is also illegal to store and dispose of hazardous waste, which includes certain electronic waste, or e-waste, without a permit. Glass from older CRT monitors is known to contain levels of lead, which is toxic hazardous waste. When deposited in a landfill the lead can leach out and contaminate drinking water supplies.

By exporting older CRTs with fraudulent manufacture dates, Mark Jeffrey Glover sent a large quantity of older e-waste overseas, which was subjected to improper recycling, increasing the potential for environmental and human exposure to hazardous materials.

“EPA is committed to taking action on illegal exports of e-waste because they often end up in countries that lack the capacity to manage them safely,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s sentence, the first in an e-waste case, should serve as a warning that if you are caught illegally exporting hazardous e-waste for profit, there will be serious consequences.”

“Mr. Glover and his company falsified labels to conceal the age of computer monitors and their potential for hazardous waste,” said Barbara L. McQuade, United States Attorney for the Eastern District of Michigan. “We hope this case will encourage others to comply with laws designed to protect drinking water and prevent human exposure to toxic waste.”

“When potentially hazardous e-waste is not properly disposed of, human lives can seriously be impacted,” said William Hayes, US Immigration and Customs Enforcement’s Homeland Security Investigations in Detroit. “The investigation confirmed that the defendant repeatedly and illegally exported used cathode ray tubes overseas. Homeland Security Investigations stands with our law enforcement partners ready to prevent any company from ignoring US controls to export hazardous e-waste.”

E-waste is a global concern because used electronic equipment contains more than 1,000 different substances including toxic heavy metals and organics that, if disposed of improperly, can cause significant pollution problems. Improper e-waste disposal is common in third world and developing countries because they are ill equipped for proper recycling, refurbishing, and disposal. It is also common in these countries to find black-market recycling groups that extract valuable metals from e-waste without regard for the safety of their impoverished employees who are exposed directly to toxic materials.

Spray Products Corp. Settles Hazardous Waste Violations at Pennsylvania Facility

Spray Products, Corp., has agreed to pay a $25,000 penalty to settle alleged violations of hazardous waste regulations at its manufacturing facility in Plymouth Meeting, Pennsylvania, the EPA announced recently.

 RCRA is designed to protect public health and the environment, and avoid costly cleanups, by requiring the safe, environmentally sound storage and disposal of hazardous waste.

Following an inspection by officials from EPA and the Pennsylvania Department of Environmental Protection, EPA cited the company for RCRA violations involving hazardous waste stored at the facility, including waste solvents, waste acetone, waste heptanes, and universal waste lamps.

The alleged violations included:

• Failure to properly date, label and manage hazardous waste containers
• Failure to maintain records indicating the job title of each position at the facility related to hazardous waste management, and the name of the employee filling each job
• Failure to obtain the signature from a representative of the disposal facility on four hazardous waste manifests within 60 days of shipment
• Failure to conduct weekly inspections of its hazardous waste storage area
•  
• Failure to have a required contingency plan in place for a period of two years

The settlement penalty reflects the company’s compliance efforts, and its cooperation with EPA in the resolution of this matter. 

Court Approves Settlement of Environmental Claims Against Weylchem US, Inc.

US Attorney Bill Nettles, the US Department of Justice and the EPA announced recently that United States District Court Judge Cameron Currie approved a consent decree with Weylchem US, Inc., to resolve alleged violations of federal and state air, water, and solid waste pollution laws at Weylchem’s specialty chemical manufacturing facility in Elgin and its wastewater treatment plant in Lugoff. Under the consent decree, Weylchem agreed to perform corrective action measures and to pay a civil penalty of $500,000, of which $175,000 will be paid to the South Carolina Department of Health and Environmental Control.

The facility has operated in Elgin since 1967 under various names including Elgin Fine Chemicals, Clariant LSM, (America) Inc., and Archimica, Inc. The facility produces chemicals for use in pharmaceuticals, pesticides, and other products.

The consent decree addresses alleged violations including the mismanagement of hazardous waste under the RCRA and South Carolina regulations, and standards for hazardous air pollutant emissions under the Clean Air Act. Alleged violations at the Lugoff facility include discharges to the Wateree River that exceeded permitted limits for many of the contaminants of concern under the Clean Water Act. Contaminants of concern include benzene, benzoyl chloride, chlorine, ethyl chloride, ethylene glycol, methanol, methylene chloride, phenol, toluene, and xylene.

US Attorney Nettles expressed his satisfaction with the consent decree, “After years of negotiations, this consent decree is good news for the Lugoff and Elgin communities and the people of South Carolina. Of particular significance is the fact that this consent decree requires Weylchem US to eliminate the discharge to the Wateree River and to stop trucking the waste from Elgin to Lugoff, which of course means that there is no opportunity for a spill on our highways.”

“This agreement will result in better management practices that will ultimately lead to greater protection of public health and the environment for the citizens of South Carolina,” said Gwen Keyes Fleming, Regional Administrator for EPA.

Under the terms of the settlement, Weylchem will no longer be allowed to send wastewater from the Elgin facility to the Lugoff facility and by the end of 2013 will be prohibited from discharging any wastewater into the Wateree River at the Lugoff facility. In addition to eliminating discharge into the Wateree River, the settlement will also result in the elimination of noise and pollution from approximately 30 tanker truck trips per day over public roads and the potential for spills of industrial wastewater during transport.

The facility has already completed a project to reduce its air emissions by improving its air pollution control equipment. The settlement also requires Weylchem to make significant changes to the current operations at the Elgin facility. The corrective actions include addressing fugitive air emissions by implementing an enhanced leak testing and repair regime based on the results of a third-party audit. Weylchem will also test its waste tanks and basins, and sample wastewater and sediment at the Elgin facility, and, if the tests show that tanks or basins are leaking, will make necessary repairs and address potential impacts to the environment. Furthermore, Weylchem has agreed to investigate possible soil or groundwater contamination at the Lugoff site and, if contamination is discovered, to develop and implement a cleanup plan.

Old Town, Maine Pulp Mill Pays Fine for Clean Water Act Violations

Red Shield Acquisition, LLC, has agreed to pay a $126,000 fine to resolve claims that it violated the terms of wastewater and stormwater permits at its Old Town, Maine pulp mill, in violation of the Clean Water Act.

According to EPA, Red Shield failed to comply with the requirement under its wastewater permit to properly operate and maintain all components of the wastewater treatment system at the facility. EPA also alleged that Red Shield failed to adequately maintain control measures put in place to reduce pollutants in stormwater discharges from the facility and failed to properly prepare a Stormwater Pollution Prevention Plan for the site. Red Shield also violated the federal Oil Pollution Prevention Regulations by failing to fully maintain and implement its Spill Prevention, Control, and Countermeasure Plan.

 Each site must have a stormwater pollution prevention plan that sets guidelines and best management practices that the company will follow to prevent runoff from being contaminated by pollutants. Without on-site controls, runoff from pulp mills can flow directly to the nearest waterway and can have significant effects on water quality and the aquatic ecosystem, including effects on oxygen demand, interference with photosynthesis, and disruption to the aquatic food chain.

Every year, thousands of gallons of oil are spilled from oil storage facilities, polluting New England waters. Even the effects of smaller spills add up and damage aquatic life, as well as public and private property. Spill prevention plans are critical to prevent such spills or, if they do occur, adequately address them.

The company cooperated with EPA throughout its investigation, and since EPA’s Complaint was filed in August 2012, the company has completed some work and pledged to complete additional work to fix the problems identified at the facility.

EPA Announces Chemicals for Risk Assessment in 2013, Focus on Widely Used Flame Retardants

EPA announced it will begin assessments on 23 commonly used chemicals, with a specific focus on flame retardant chemicals, in order to more fully understand any potential risks to people’s health and the environment. This effort is part of the Toxic Substances Control Act (TSCA) Work Plan which identifies commonly used chemicals for risk assessment.

Americans are often exposed to flame retardant chemicals in their daily lives; flame retardants are widely used in products such as household furniture, textiles, and electronic equipment. Some flame retardant chemicals can persist in the environment, bioaccumulate in people and animals, and have been shown to cause neurological developmental effects in animals.

“EPA is committed to more fully understanding the potential risks of flame retardant chemicals, taking action if warranted, and identifying safer substitutes when possible,” said James J. Jones, Acting assistant administrator for the Office of Chemical Safety and Pollution Prevention. “Though today’s announcement represents a significant step forward on chemical safety, it’s important to remember that TSCA, this country’s chemicals management legislation, remains in dire need of reform in order to ensure that all Americans are protected from toxic chemicals in their environment.”

EPA will begin evaluating 20 flame retardant chemicals, conducting full risk assessments for four of the flame retardants, three of which are on the TSCA Work Plan, and one that was the subject of an Action Plan development under TSCA. In addition, EPA is assessing eight other flame retardants by grouping flame retardants with similar characteristics together with the chemicals targeted for full assessment. EPA will use the information from these assessments to better understand the other chemicals in the group, which currently lack sufficient data for a full risk assessment.

EPA will also begin analyzing how eight of the 20 flame retardant chemicals transform and move in the environment. These chemicals were selected because they are likely to persist in the environment, bioaccumulate in people and/or have high exposure potential, but there are not adequate data to conduct full risk assessments.

During its review of data on flame retardant chemicals in commerce, EPA also identified approximately 50 flame retardant chemicals that are unlikely to pose a risk to human health, making them possible substitutes for more toxic flame retardant chemicals.

As EPA develops its draft risk assessments, the agency will use information that is available through a wide range of publicly available data sources. EPA also encourages submission of additional relevant information on these chemicals, such as unpublished studies and information on uses and potential exposures. This information should be submitted by May 30, 2013, to ensure that it is included in the agency’s review.

California DTSC Announces Substantial Fine for Chemical Waste Management Kettleman Facility

The California Department of Toxic Substances Control (DTSC) recently announced a fine of $291,208.84 against Chemical Waste Management (CWM) facility in Kettleman City. In addition the company is required to reimburse DTSC $19,985.16 for its costs, which makes the total amount CWM must pay DTSC $311,194.00. This substantial penalty is largely due to CWM’s failure to notify the department of 72 spills at the facility during a four year period June 2008-2012.

Chemical Waste Management (CWM) is a commercial California landfill facility permitted to dispose of or treat and store hazardous waste. The facility is located in Kings County, California, in the San Joaquin Valley.

“Our job is to ensure that facilities operate in compliance with the hazardous waste control laws and to hold them accountable when they don’t,” said Brian Johnson, DTSC Deputy Director of Enforcement. “This is a significant fine that underscores our commitment and sends a clear message to communities that DTSC will protect violations of the hazardous waste control laws.”

Based upon DTSC’s review of the facility’s monitoring records and the facility’s documentation, DTSC has no evidence to suggest that any of the 72 spills posed any danger to nearby communities or the environment. The spills mostly occurred in the loading area of the facility and the sampling area. Examples of wastes spilled include lead contaminated soil, herbicides and other chemicals. Proper reporting of these spills provides DTSC with valuable information regarding the safe operation of a facility.

Although the spills were small in volume, CWM’s permit requires that DTSC be notified so that spill cleanup is documented. During a routine inspection in April 2012, DTSC discovered that CWM had created an internal record of spills but had failed to notify the department. CWM’s current permit requires verbal notification within 24 hours of a hazardous waste spill and written notification within 10 days of the discovery of the spill.

Under the agreement (CWM) will pay the total settlement amount within 30 days of the effective date of the settlement. The settlement clarifies reporting requirements that CWM must comply with. CWM also is required to comply with the treatment standards and shipment document requirements it violated.

Pesticide Dietary Exposure Database and Software Now Available

Updates to this version of DEEM include fixes to the half-life calculation and the batch file utility, as well as some edits to the wording used in the software. This version contains the same food commodity consumption data, derived from the National Health and Nutrition Examination Survey—What We Eat in America (NHANES/WWEIA) for 2003-2008, as the previous DEEM version.

As an additional move to increase the transparency and public availability of dietary exposure software, the data used by DEEM are available on the website of the University of Maryland’s Joint Institute of Food Safety and Nutrition ().   The efforts to make these files more publically available, transparent and easy to use were funded by the US Department of Agriculture and the US Food and Drug Administration.

Man Arrested for Alleged Illegal Burning of Waste Tires

Recently, investigators with the Criminal Investigation Division of the Louisiana Department of Environmental Quality arrested an Evangeline Parish, Louisiana man for the alleged illegal burning of waste tires. Officers with the Basile Police Department originally responded to a burning complaint on March 8 at 2348 Guillory Street in Basile. The findings of that investigation were forwarded to DEQ’s Criminal Investigation Division, which led to the arrest.

Leroy Hardy, 70, of Basile, Louisiana is alleged to have knowingly dumped and burned waste tires and other solid wastes at his residence in Basile. Hardy was previously cited in a compliance order issued by DEQ in March of 2012 for similar violations which occurred in February and August of 2011.

Deputies with the Evangeline Parish Sheriff’s Office also participated in Hardy’s arrest.

“Tire burning is a serious threat to human health and the environment,” said Vince Sagnibene, DEQ’s Undersecretary. “Further, it is unnecessary as landfills will accept up to five waste tires a day from individuals.”

If convicted of the crime of knowingly emitting pollutants to the environment, which could endanger human life or health, Hardy faces possible imprisonment for not more than 10 years with or without hard labor, or a fine of not more than $100,000, or both.

Lucken Trucks in Winger Penalized for Stormwater and Waste Disposal Violations

Lucken Trucks and Parts has paid a penalty to the Minnesota Pollution Control Agency (MPCA) and taken corrective actions in response to several stormwater and hazardous waste violations.

In response to a complaint, MPCA staff inspected the Winger business in early 2009 and found the company allowed polluted discharges from subsurface tiles to drain from the property into a nearby waterway. The company also lacked a required stormwater pollution prevention plan, and had not taken action to prevent polluted stormwater from running off the site.

During the 2009 inspections, the MPCA also found that the company had violated hazardous waste regulations governing the storage and disposal of hazardous solvents, contaminated rags and spent batteries. Soil contaminated with waste automotive fluids was observed at several locations on the site. The company also improperly stored and disposed of solid waste and used tires.

In addition to paying a $10,000 penalty, the company has taken actions to correct the problems discovered during the 2009 inspections.

When calculating penalties, the MPCA takes into account how seriously the violation affected the environment, whether it is a first-time or repeat violation, and how promptly the violation was reported to appropriate authorities. It also attempts to recover the calculated economic benefit gained by the company’s failure to comply with environmental laws in a timely manner.

Roseburg Resolves Air Quality Violations with Environmental Project

The Montana Department of Environmental Quality (DEQ) has settled its enforcement action against Roseburg Forest Products for violations of the Montana Air Quality Act at their particle board manufacturing facility in Missoula, Montana.

Roseburg agreed to pay a $130,925 penalty that was satisfied by the completion of a Supplemental Environmental Project costing the same amount as the penalty.

Instead of the cash penalty Roseburg will pay $130, 925 to the Missoula County Seeley Lake Wood Stove Change-Out Program. The Wood Stove Program helps residents buy and install new EPA-certified pellet and wood burning stoves to reduce air pollution that has a negative effect impact on public health.

In February of 2011, Roseburg submitted revised monitoring and performance reports to the DEQ that corrected the previous five years of reporting. The revised reports identified numerous permit violations that had not been previously reported as required.

The violations included improperly certifying the company was in compliance with numerous provisions in the company’s air quality permit and with rules under the Maximum Achievable Control Technology Program. Roseburg also failed to inspect and calibrate equipment and complete startup, shutdown or malfunction checklists. Finally, the company filled gasoline tanks without vapor loss control equipment and stored sander dust outside.

Companies to Spend $20.3 Million to Settle Natural Resource Damage in St. Lawrence River Area

The federal government, the State of New York, and the Saint Regis Mohawk Tribe have announced a $19.4 million settlement with Alcoa Inc. and Reynolds Metals Company for injuries to natural resources, recreational fishing, and Mohawk culture resulting from the release of hazardous substances into the St. Lawrence River environment since at least the late 1950s.

Most of this settlement, $18.5 million, will be combined with $1.8 million in restoration funds from a 2011 General Motors (GM) bankruptcy settlement, to be used for restoration of the St. Lawrence River area. In all, a total of $20.3 million is slated to go to restoration efforts.

The natural resource trustees—the Saint Regis Mohawk Tribe, the US Department of the Interior’s Fish and Wildlife Service, the US Department of Commerce’s National Oceanic and Atmospheric Administration (NOAA), and the New York State Department of Environmental Conservation (DEC)—solicited restoration project ideas and developed a restoration plan to address injured natural and cultural resources and address lost human uses of natural resources, such as recreational fishing.

For decades, Alcoa, Inc. (Alcoa West), Reynolds Metals Company (now Alcoa East) and the former GM Central Foundry plant, located in Massena, New York, and adjacent to the Saint Regis Mohawk Tribe lands, released hazardous substances into the St. Lawrence River environment. Polychlorinated biphenyls (PCBs), polycyclic aromatic hydrocarbons (PAHs), aluminum, fluoride, and cyanide adversely impacted natural resources within the surrounding environment and contaminated the Mohawk community of Akwesasne, degrading natural resources used for traditional cultural practices.

The $20.3 million in settlement funds include the following components:

• Approximately $8.4 million from the Alcoa/Reynolds settlement will go to the tribe to support traditional Mohawk cultural practices, including an apprenticeship program to promote Mohawk language and traditional teachings. A portion of those funds will also support cultural institutions, including youth outdoor education programs and horticultural programs for medicine, healing and nutrition.
• More than $10 million from the GM and Alcoa/Reynolds settlements will be spent on a variety of ecological restoration projects, including restoration and/or enhancement of wetlands, streambanks, native grasslands, bird nesting and roosting habitat, fisheries and fish habitat, and acquisition of unique habitat under threat of development. These projects may also benefit cultural practices that depend on these restored natural resources.
• Nearly $2 million will be spent by Alcoa/Reynolds to develop and upgrade two boat launches on the Raquette River and construct three new launches on the Grasse River to improve fishing and boating access to rivers in the Massena area.

Additionally, the four trustees will be reimbursed for outstanding past costs to assess impacts and damages.

The restoration projects are described in the St. Lawrence Environment Restoration Compensation and Determination Plan. The Alcoa/Reynolds Consent Decree, detailing the settlement, and restoration plan, are available online at the four offsite links in the right column of this page.

New Washington Rules Encourage Innovation for Managing and Processing Green Waste

The Washington Department of Ecology (Ecology) has revised rules for managing organic wastes—also known as “green waste.” Green waste includes discarded food, yard debris, and agricultural waste. Changes to the rules affect methods for transforming this organic material into useable or marketable materials.

Green waste makes up 27% of the solid waste put into landfills. Disposal of green waste causes more methane and liquid waste at the landfills. Methane is a GHG emission and is considered a hazardous substance.

These methods include technologies such as compost facilities, composting with worms (using vermicomposters), and anaerobic digesters that process manure and solid wastes to make energy.

Ecology is responsible for setting standards for solid waste management in Washington. Local government health agencies implement state standards through local ordinances and permits.

“Processing and treating green waste makes products such as compost, soil conditioners and energy through methods such as composting and anaerobic digestion,” said Laurie Davies, Ecology manager of the Waste 2 Resources Program.

“These processes preserve valuable soil nutrients and organic matter that can be used in lawns and gardens, to enhance crop production, or aid in restoration projects that protect habitat and wildlife. At the same time, these management approaches reduce the amount of organic materials that are disposed in landfills or are burned,” Davies added.

Managing green waste is a dynamic industry with new technologies and processes emerging all the time. Public demand to process growing amounts of more diverse types of green waste is putting increased pressure on the capacity of the state’s solid waste management system.

The new rules provide exemptions to permitting for some activities, including composting, vermicomposting, anaerobic digesting, and small scale organic waste conversion technologies. The aim is to provide regulators with flexibility to encourage and support new technologies. Recycling green waste is a growing industry that creates Washington state green jobs.

The rules require facilities to improve planning and operations related to odor control, and establish limits on the amount of contaminants in finished products.

The new rules will become effective April 25, 2013. The rules will be phased in, allowing local health departments to adopt them and to give existing facilities time to meet the new standards.

Pennsylvania DEP Awards Clean Diesel Grant to Lancaster County Solid Waste Authority

The Pennsylvania Department of Environmental Protection has awarded $174,048 to the Lancaster County Solid Waste Management Authority (LCSWMA) to offset some of the costs to replace its fleet of 14 heavy-duty, diesel-powered trucks with 14 new trucks that will be powered by compressed natural gas (CNG).

The authority will use its own funds to install new natural-gas fueling infrastructure at its transfer station complex, which will be used by the fleets it serves and the general public. The authority is paying about $3.9 million to finance the project, which will cost slightly more than $4 million. DEP’s contribution is through clean diesel grant funds, which come out of a September 2012 award from the EPA under the Diesel Emission Reduction Act.

“Clean diesel grants improve air quality by funding projects that reduce diesel emissions,” DEP Secretary Mike Krancer said. “This project will displace 140,000 gallons of diesel fuel per year, reducing annual carbon dioxide emissions by more than five million lb.”

In addition to the diesel fuel and carbon dioxide reductions, LCSWMA anticipates the new CNG fleet will annually reduce 173,508 lb of nitrogen oxides; 39,352 lb of particulate matter; 27,431 lb of volatile organic compounds; and 1,198 lb of sulfur oxides.

The Pennsylvania clean diesel program’s goal is to improve air quality by decreasing emissions from diesel-powered motor vehicles. The program supports projects that re-power or retrofit fleet vehicles to curb emissions; purchase and install idle-reduction technology; or purchase clean alternative-fuel fleet vehicles.

Ground-level ozone, a key component of smog, forms during warm weather when pollution from vehicles, industry, homes and power plants bakes in the hot sun, making it difficult for some people to breathe.

Fine particulate matter, or PM 2.5, is the main cause of potential respiratory issues. It has a diameter of less than 2.5 micrometers, about one-thirtieth the diameter of a human hair. These particles can get deep into the lungs and cause significant health problems. PM 2.5 has been determined to be most closely associated with health effects related to increased hospital admissions and emergency room visits for heart and lung disease; increased respiratory symptoms and disease; and decreased lung function.

Company Owner Jailed for Fake Biodiesel Scheme

Jeffrey David Gunselman, 30, was sentenced by US District Judge Sam R. Cummings to 188 months in federal prison, fined $175,000 and ordered to pay more than $54.9 million in restitution, following his guilty plea in December 2012 to an indictment charging 51 counts of wire fraud, 24 counts of money laundering and four counts of making false statements in violation of the Clean Air Act.

“Today’s sentence is the second significant penalty against an alleged bio-diesel producer who in fact produced no fuel at all,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “When invalid renewable fuel credits are sold, it undermines the integrity of an important program designed by Congress to reduce the nation’s dependence on foreign oil and to grow the nation’s renewable energy industry.”

“I commend the excellent investigative work done by special agents and investigators with EPA’s Criminal Investigation Division and the US Secret Service in this complex fraud case,” said US Attorney Sarah R. Salda?a.

Gunselman admitted that from September 2010 to October 2011, he devised a scheme to defraud the Environmental Protection Agency (EPA) by falsely representing that he was in the business of producing bio-diesel fuel, yet Gunselman did not have a bio-diesel fuel-producing facility. Instead, Gunselman’s business operation consisted of falsely generating renewable fuel credits and selling them to oil companies and brokers. He instructed purchasers to wire payments to a bank account he solely controlled, and as a re