New Rule Strengthens Safe Transportation of Flammable Liquids by Rail

US Transportation Secretary Anthony Foxx announced a final rule for the safe transportation of flammable liquids by rail. The final rule, developed by the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Federal Railroad Administration (FRA), in coordination with Canada, focuses on safety improvements that are designed to prevent accidents, mitigate consequences in the event of an accident, and support emergency response. Canada’s Minister of Transport, Lisa Raitt, joined Secretary Foxx to announce Canada’s new tank car standards, which align with the US standard.

The rule:

• Unveils a new, enhanced tank car standard and an aggressive, risk-based retrofitting schedule for older tank cars carrying crude oil and ethanol
• Requires a new braking standard for certain trains that will offer a superior level of safety by potentially reducing the severity of an accident, and the pile-up effect
• Designates new operational protocols for trains transporting large volumes of flammable liquids, such as routing requirements, speed restrictions, and information for local government agencies
• Provides new sampling and testing requirements to improve classification of energy products placed into transport

“Safety has been our top priority at every step in the process for finalizing this rule, which is a significant improvement over the current regulations and requirements and will make transporting flammable liquids safer,” said US Transportation Secretary Anthony Foxx. “Our close collaboration with Canada on new tank car standards is recognition that the trains moving unprecedented amounts of crude by rail are not US or Canadian tank cars—they are part of a North American fleet and a shared safety challenge.” “This stronger, safer, more robust tank car will protect communities on both sides of our shared border,” said Minister Raitt. “Through strong collaboration we have developed a harmonized solution for North America’s tank car fleet. I am hopeful that this kind of cooperation will be a model for future Canada-US partnership on transportation issues.”

Other federal agencies are also working to make transporting flammable liquids safer. The Department of Homeland Security (DHS), including the Federal Emergency Management Agency (FEMA), the Environmental Protection Agency (EPA), and the Department of Energy (DOE), in coordination with the White House, are pursuing strategies to improve safety. DOE recently developed an initiative designed to research and characterize tight and conventional crude oils based on key chemical and physical properties, and to identify properties that may contribute to increased likelihood and/or severity of combustion events that can arise during handling and transport.

Unless stated otherwise within the regulation, the rule applies to high-hazard flammable trains (HHFTs)—a continuous block of 20 or more tank cars loaded with a flammable liquid or 35 or more tank cars loaded with a flammable liquid dispersed through a train. 

Enhanced Standards for New and Existing Tank Cars for use in an HHFT—New tank cars constructed after October 1, 2015, are required to meet the new DOT Specification 117 design or performance criteria. The prescribed car has a 9/16 inch tank shell, 11 gauge jacket, 1/2 inch full-height head shield, thermal protection, and improved pressure relief valves and bottom outlet valves. Existing tank cars must be retrofitted with the same key components based on a prescriptive, risk-based retrofit schedule (see table). As a result of the aggressive, risk-based approach, the final rule will require replacing the entire fleet of DOT-111 tank cars for Packing Group I, which covers most crude shipped by rail, within three years and all non-jacketed CPC-1232s, in the same service, within approximately five years.

Enhanced Braking to Mitigate Damage in Derailments—The rule requires HHFTs to have in place a functioning two-way end-of-train (EOT) device or a distributed power (DP) braking system. Trains meeting the definition of a “high-hazard flammable unit train,” or HHFUT (a single train with 70 or more tank cars loaded with Class 3 flammable liquids), with at least one tank car with Packing Group I materials, must be operated with an electronically controlled pneumatic (ECP) braking system by January 1, 2021. All other HHFUTs must have ECP braking systems installed after 2023. This important, service-proven technology has been operated successfully for years in certain services in the United States, Australia, and elsewhere.

Reduced Operating Speeds—The rule restricts all HHFTs to 50 mph in all areas and HHFTs containing any tank cars not meeting the enhanced tank car standards required by this rule are restricted to operating at a 40 mph speed restriction in high-threat urban areas. The 40 mph restriction for HHFTs without new or retrofitted tank cars is also currently required under FRA’s Emergency Order No. 30.

Rail Routing – More Robust Risk Assessment—Railroads operating HHFTs must perform a routing analysis that considers, at a minimum, 27 safety and security factors, including “track type, class, and maintenance schedule” and “track grade and curvature,” and select a route based on its findings. These planning requirements are prescribed in 49 CFR 172.820.

Rail Routing – Improves Information Sharing—Ensures that railroads provide state and/or regional fusion centers, and state, local, and tribal officials with a railroad point of contact for information related to the routing of hazardous materials through their jurisdictions. This replaces the proposed requirement for railroads to notify State Emergency Response Commissions (SERCs) or other appropriate state-designated entities about the operation of these trains through their States.

More Accurate Classification of Unrefined Petroleum-Based Products—Offerors must develop and carry out sampling and testing programs for all unrefined petroleum-based products, such as crude oil, to address the criteria and frequency of sampling to improve and ensure accuracy. Offerors must certify that hazardous materials subject to the program are packaged in accordance with the test results, document the testing and sampling program outcomes, and make that information available to DOT personnel upon request.

The actions address several recommendations of the National Transportation Safety Board, including: requiring enhanced safety features for tank cars carrying ethanol and crude oil and an aggressive schedule to replace or retrofit existing tank cars; requiring thermal protection and high-capacity pressure relieve valves for tank cars in flammable liquid service, expanding hazardous materials route planning and selection requirements for trains transporting flammable liquids; inspecting shippers to ensure crude oil is properly classified and requiring shippers to sufficiently test and document both physical and chemical characteristics of hazardous materials; and providing a vehicle for reporting the number of cars retrofitted.

 

Learn DOT’s New Rules for Lithium Battery Shipments

 These changes are designed to ensure that lithium cells and batteries are able to withstand normal transportation conditions and are packaged to reduce the possibility of damage that could lead to an unsafe situation.

 

• Enhance packaging and hazard communication requirements for lithium batteries transported by air
• Replace equivalent lithium content with Watt-hours for lithium ion cells and batteries
• Adopt separate shipping descriptions for lithium metal batteries and lithium ion batteries
• Revise provisions for the transport of small and medium lithium cells and batteries including cells and batteries packed with, or contained in, equipment
• Revise the exceptions for small cells and batteries in air transportation
• Revise the requirements for the transport of lithium batteries for disposal or recycling
• Harmonize the provisions for the transport of low production and prototype lithium cells and batteries with the ICAO Technical Instructions and the International Maritime Dangerous Goods Code
• Adopt new provisions for the transport of damaged, defective, and recalled lithium batteries

If you ship batteries by ground or air, you must comply with the latest DOT and IATA/ICAO regulations that specify how the batteries must be packaged, marked, labeled, and transported. The rules apply not only to batteries, but also to equipment or vehicles that contain batteries as well as batteries packed along with equipment. Virtually all types of batteries are regulated, including lithium, lead-acid, nickel cadmium, and metal hydride alkaline. According to 49 CFR 172.704, all personnel involved in the classification, packaging, marking, labeling, or shipment of batteries must receive initial and recurrent transportation training.

 

St. Louis RCRA and DOT Training

 

Hilton Head RCRA and DOT Training

 

Orlando RCRA and DOT Training

 

Free Air Quality Alerts

 EPA and states continue to offer free resources for citizens to monitor the latest air quality forecasts.

“Air pollution can have significant health impacts for people in New England,” said Curt Spalding, regional administrator of EPA’s New England Office. “People should pay attention to air quality alerts and limit strenuous outdoor activity on air quality alert days. Fortunately, we can all take individual actions to reduce the air pollution that contributes to this public health risk.”

 Daily air quality forecasts are issued by the New England state air agencies. Current air quality conditions and next day forecasts for New England are available each day at EPA’s web site. People can also sign up to receive “Air Quality Alert” email or text messages. These alerts, provided free by EPA through the EnviroFlash system, in cooperation with the New England states, automatically notify participants by e-mail or text message when high concentrations of ground-level ozone or fine particles are predicted in their area.

Warm summer temperatures aid in the formation of ground-level ozone and fine particle pollution. The current ozone standard, set in 2008, is 0.075 parts per million (ppm) on an 8-hour average basis. Air quality alerts are issued when ozone concentrations exceed, or are predicted to exceed, this level. EPA recently proposed to strengthen the ozone standard, with a final decision required by October 1. 

Poor air quality affects everyone, but some people are particularly sensitive to air pollutants, including children and adults who are active outdoors, and people with respiratory diseases, such as asthma. When air quality is predicted to be unhealthy for sensitive groups, EPA and the states will announce an air quality alert for the affected areas. EPA recommends that people in these areas limit strenuous outdoor activity, as well as asking citizens and businesses to take actions on these days to help reduce air pollution and protect public health. Everyone can reduce air pollution through the following actions:

• Use public transportation or walk whenever possible
• Combine errands and car-pool to reduce driving time and mileage
• Use less electricity by turning air conditioning to a higher temperature setting, and turning off lights, TVs, and computers when they are not being used
• Avoid using small gasoline-powered engines, such as lawn mowers, string trimmers, chain saws, power-washers, air compressors, and leaf blowers on unhealthy air days

Cars, motorcycles, trucks, and buses are a major source of the pollutants that form smog. Coal burning at electric generating stations, particularly on hot days, also generates significant smog-forming pollution. Other industries, as well as smaller sources, such as gasoline stations and print shops, also contribute to smog. In addition, household products like paints and cleaners, as well as gasoline-powered lawn and garden equipment, also contribute to smog formation.

Since 2004, new cars, sport utility vehicles (SUVs), pickup trucks, and mini-vans are meeting stringent new vehicle emission standards. The requirements have resulted in new vehicles that are up to 95% cleaner than older models. Since model year 2007, large diesel trucks and buses have reduced NOx and fine particle emissions by up to 95%. In addition, last year, EPA finalized even tighter standards for future new cars, sold after 2017. The automobile and gasoline rule, known as Tier 3, will help lower automobile pollution by a significant margin. Compared to current automobile standards, the Tier 3 emissions standards for cars represent an additional 80% reduction of ozone causing pollution when compared to today’s average.

General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country for Five Source Categories

 

The Agency has also finalizing permits by rule for use in Indian country for new or modified minor sources in three source categories: auto body repair and miscellaneous surface coating operations; gasoline dispensing facilities (GDFs), except in California; and petroleum dry cleaning facilities. The EPA is also taking final action authorizing the use of general permits established under the program to create synthetic minor sources for the HMA and SQCS source categories.

The final rule is effective on 1 June 2015.

EPA Reconsiders the Mercury and Air Toxics Standards (MATS) and the Utility New Source Performance Standards

 The agency previously granted reconsideration on several discrete issues and took final action on reconsideration through documents published in the Federal Register on 24 April 2013, and 19 November 2014. The Administrator denied the remaining requests for reconsideration in separate letters to the petitioners dated 21 April 2015. A document providing a full explanation of the agency’s rationale for each denial is in the docket for these rules.

Reminder for California Retailers of Small Containers of Automotive Refrigerants

Summer is coming, and with the warmer weather, sales of small cans of automotive refrigerant will increase. These products are regulated in California, and retailers selling them must ensure that all requirements pertaining to the sales of certified products are met. Penalties may be assessed for any violation of this regulation pursuant to the Health and Safety Code. The requirements for California retailers are available at the following link:

 

Lawrence, MA, Violates Conditions of Stormwater Permit

 

The Consent Decree is the result of a federal enforcement action brought by the US Department of Justice, on behalf of the EPA. The complaint alleges that Lawrence discharged untreated sewage without permit authorization and violated conditions of its permit controlling stormwater discharges.

“This settlement ensures progress will be made in controlling major sources of pollution to the Merrimack River,” said Curt Spalding, administrator of EPA’s New England region. “We welcome this progress toward restoring the River and look forward to the day when it is safe for all kinds of recreation.”

“Unlawful discharges of pollutants from cities and towns during storm events remain among the most significant challenges to improving water quality in New England,” said US Attorney Carmen M. Ortiz. “By entering into this Consent Decree, the City of Lawrence has agreed to take significant steps to improve water quality, and the quality of life along the Merrimack River corridor.”

The Consent Decree to resolve the enforcement action imposes a schedule for the City to develop sewer system management programs to investigate and rehabilitate its assets, minimizing the discharge of untreated sewage. 

Preventing sewage from contaminating surface waters of the United States is one of EPA’s National Enforcement Initiatives. Municipal wastewater presents significant health threats to those using contaminated waters for recreational use and downstream drinking water systems.

 

Effort Begins to Reduce Children’s Exposure to Lead Paint

 

EPA’s RRP Rule is designed to prevent children’s exposure to lead-based paint and/or lead-based paint hazards resulting from renovation, repair, and repainting projects in residences, schools, and other buildings where children are likely to be. The Rule requires individual renovators and firms performing renovations to be trained and certified so that they follow lead safe work practices during renovations of pre-1978 housing and child-occupied facilities in order to protect children from lead poisoning.

Infants and children are especially vulnerable to lead paint exposure, which can cause lifelong impacts including developmental impairment, learning disabilities, impaired hearing, reduced attention span, hyperactivity, and behavioral problems. Because New England has so much older housing stock, lead paint is still frequently present in buildings that were built before 1978, when lead paint was banned. Nashua has been identified as a high risk community for lead poisoning because of the high percentage of housing units built before 1978 (69%), the proportion of the population under age 6 and the number of children living in poverty.

Beginning in May, EPA lead inspectors will inspect numerous renovation, painting and property management companies in the Nashua area to assess compliance with the RRP Rule. EPA may also assess compliance with the Real Estate Notification and Disclosure Rule ), which requires landlords, property management companies, real estate agencies, and sellers to inform potential lessees and purchasers of the presence of lead-based paint and lead-based paint hazards in pre-1978 housing. This rule ensures that potential tenants and home buyers are receiving the information necessary to protect themselves and their families from lead-based paint hazards prior to being obligated to purchase or rent pre-1978 housing. The inspections may be followed up with enforcement.

Besides increasing protection for children’s health, EPA aims to ensure a “level playing field” for individuals and companies that are already complying with the RRP Rule. EPA is coordinating with many state and local agencies, including several City of Nashua departments, the New Hampshire Department of Health and Human Services, and the New Hampshire Housing Finance Authority.

EPA engaged in a similar effort in the New Haven, Connecticut, area last year. As a result of that effort, EPA has initiated four enforcement actions against home renovators with proposed penalties as high as $67,000. Since the beginning of that effort, approximately 73 firms in the New Haven area have become certified under the RRP rule. EPA’s RRP Rule became effective in April 2010.

EPA continues to prioritize resources at both the national and regional level to educate companies and inform the public about these lead paint rules. Enforcing lead paint notification and worksite standards helps ensure a level playing field for all companies complying with the law, as well as helping to ensure a safer and healthier environment for children.

Lehigh Cement Fined $2.55 Million for Toxic Discharges to San Francisco Bay

Recently, the EPA, US Department of Justice and the State of California announced a settlement requiring the Lehigh cement plant near Cupertino to reduce toxic discharges of selenium and other metals to Permanente Creek, a tributary of San Francisco Bay. The facility, owned by Hanson Permanente Cement Inc. and operated by Lehigh Southwest Cement Co., will spend more than $5 million to install wastewater treatment and make other facility improvements to prevent future violations. The company will also pay $2.55 million in civil penalties to settle the case.

The Cupertino facility routinely discharged excessive selenium into Permanente Creek in violation of Lehigh’s permits from at least 2009 to 2014. The plant’s discharges also routinely exceeded standards for total suspended solids, total dissolved solids, turbidity, and pH, and in some cases exceeded standards for mercury, hexavalent chromium, nickel, and thallium.

“EPA and California are working together to enforce the Clean Water Act and help restore San Francisco Bay,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Every action we take to remove selenium and other toxic metals improves water quality and leads to a healthier and more resilient Bay.”

“Today’s Clean Water Act settlement, done jointly with the state of California, will remove selenium and other toxic substances from Permanente Creek and help protect the fragile and life-sustaining ecosystem of San Francisco Bay,” said Assistant Attorney General John C. Cruden of the Justice Department’s Environment and Natural Resources Division. “By bringing this older facility up to contemporary standards, and by pushing it to introduce cutting-edge treatment technology, the Department of Justice and our partners are helping create a level playing field, where all industry members are held to the same standards and no company can gain an economic advantage over its competitors by shortchanging environmental compliance.”

 

“Lehigh Cement discharged millions of gallons of industrial wastewater that flowed into the San Francisco Bay,” said Attorney General Kamala D. Harris. “This settlement holds Lehigh Cement accountable for its actions and will prevent future toxic discharges. I thank our state and federal partners for their work to protect this precious resource and consumers from the serious environmental and health damage caused by water pollution.”

These discharges contained thousands of pounds of sediment, and hundreds of pounds of selenium and other toxic metals each year in violation of the federal Clean Water Act. The settlement requires Lehigh to construct an advanced wastewater treatment system to significantly reduce its selenium and other metals discharges. Lehigh already installed an interim treatment system and a permanent system will be completed by 2017. Lehigh will make other facility improvements to remove sediment from its stormwater runoff, spending more than $5 million overall to come into compliance.

Selenium is a naturally occurring element in limestone and other rock formations. When discharged at high concentrations to waterways, selenium becomes toxic to fish and other aquatic life, and to birds and other animals that consume selenium-contaminated aquatic organisms. Permanente Creek, to which the Lehigh cement facility discharges, is listed as “impaired” for selenium under the Clean Water Act. The creek provides important habitat for California red-legged frogs, a species listed as threatened under the Endangered Species Act.

 

California, Mexico Announce Action Plan on Climate

 

“California is committed to achieving the goals of our agreement with Mexico,” said California Secretary for Environmental Protection Matthew Rodriquez. “The Joint Action Plan outlines the specific steps that we will take to ensure our partnership delivers tangible results and protects public health and natural resources while investing in a clean economy on both sides of the border.”

The plan comes a day after Governor Edmund G. Brown Jr. issued an executive order establishing an aggressive target to reduce GHG emissions in California to 40% below 1990 levels by 2030. Last month, Mexico became the first emerging economy to commit to reducing emissions in the post-2020 timeframe, demonstrating critical leadership in the lead-up to U.N. climate negotiations later this year.

“By implementing the actions in this plan, we will increase collaboration across the border, integrating and harmonizing our processes and standards to support a high-efficiency energy system, clean vehicles and healthy ecosystems,” said Mexico’s Ministry of Environment and Natural Resources Undersecretary Rodolfo Lacy. “By reaching our goals, we will increase low carbon development in Mexico and California.”

 The MOU was part of a broader Trade and Investment Mission to Mexico by Governor Brown.

The MOU commits California and Mexico to a four-year collaboration in four areas: aligning GHG reduction programs and strategies; improving air quality; collaborating on wildfire emergency response along the border; and strengthening clean vehicle standards.

To implement the MOU, working groups of California and Mexican representatives have been established for each priority area, each with its own goals and deliverables. Each group will report internally on its progress on a quarterly basis, and a public progress report will be released.

The Joint Action Plan, announced recently at the Navigating the American Carbon World conference in Los Angeles, includes:

• Developing rigorous monitoring, reporting, and verifying of GHG emissions to support carbon pricing or regulatory mechanisms
• Strengthening air monitoring and emissions reporting along the border to support air quality planning and pollution mitigation efforts
• Updating Mexican vehicle emission standards for GHGs and smog pollution
• Trainings for wildfire suppression and forest health management methods

The MOU is one of several international agreements that California has pursued to address the impacts of global climate change. In addition to Mexico, Governor Brown has signed accords with leaders from China, Canada, Japan, Israel, and Peru to fight climate change, strengthen California’s economic ties and expand cooperation on promising research.

“The Republic of Mexico is not only our closest international neighbor, but one of our greatest allies in the fight for cleaner air and greenhouse gas reductions,” said Secretary Rodriquez “Our agreement with Mexico can serve as a model for collaboration as we work to pave the way for an ambitious, meaningful result from the United Nations negotiations in Paris later this year.”

Samson Tug and Barge Fined for Polluting Duwamish Tributary

A Seattle cargo firm faces a $14,000 fine for allowing stormwater with excessive levels of oil and silt to discharge to the North Fork of Hamm Creek, which flows to the Duwamish Waterway in Seattle.

Samson Tug and Barge operates a cargo handling facility at 9228 10th Ave. S. in Seattle. Ecology inspectors have repeatedly observed oily and muddy runoff from the 4.8-acre, partially paved yard, including during site visits in January, February, and March of this year.

The stormwater also contained oil four times above the acceptable level.

 

Other permit violations at the site included:

•  
• Failing to provide an above-ground fuel tank with secondary containment to hold fuel in case of a spill or tank leak
• Failure to immediately clean up petroleum spills and leaks
• Allowing vehicles to track dirt onto 10th Ave. S. when exiting the facility
• Unauthorized discharge of polluted stormwater onto 10th Ave. S., which also drains to the Hamm Creek North Fork

“By disregarding the basic elements of the stormwater permit, Samson had virtually no measures in place to prevent and control water pollution,” said Kevin Fitzpatrick, regional supervisor for Ecology’s Water Quality Program. “That led to these violations, including one of the highest readings ever seen in Washington for muddy runoff from an industrial site.”

Oil products are toxic to fish and other aquatic and marine life. Silt particles in muddy water can damage fish gills and may carry metals that settle in sediments.

Samson may appeal the penalty to the Washington State Pollution Control Hearings Board.

The Lower Duwamish Waterway is listed as a federal Superfund site due to sediment contamination from PCBs and other compounds. Ecology and the EPA co-manage the cleanup of the site, which covers a 5-mile stretch along the waterway. Ecology’s industrial water compliance efforts support that cleanup.

Dairy Fined $73,710 for Failing to Provide Annual Reports to Assess the Impacts of Dairy Operations on Water Quality

The Central Valley Regional Water Quality Control Board has adopted an Administrative Civil Liability Order imposing a penalty of $73,710 against the San Isidro Jersey Dairy in Turlock for failure to file annual reports.

The Administrative Civil Liability Order states that Carlos and Bernadette Estacio, owners of the San Isidro Jersey Dairy in Stanislaus County, failed to file 2012 and 2013 annual reports for the dairy. All dairies in the Central Valley are required to submit annual reports. These reports contain vital information the Central Valley Water Board needs to assess potential impacts on water quality from dairy operations.

The Dairy General Order, adopted by the regional board in 2007 and reissued in 2013, requires dairies to handle waste in ways that preserve water quality. The general order contains a number of requirements, including standards for manure and dairy wastewater storage, and criteria for the application of manure and dairy wastewater to cropland as fertilizer. The general order also contains reporting requirements for regulated dairies, including the submission of an annual report. Failure to submit the required reports is a violation of the Dairy General Order.

The annual reports submitted in 2012 and 2013 did not contain the information on nitrogen applied to cropland and removed by crops that is necessary to assess the potential impacts to water quality from the dairy operation. Additionally, the Estacios owe seven annual fees for the years 2008 through 2014, and are behind on payments for two other enforcement orders that resulted from failure to submit annual reports in 2008 and 2009.

“Annual reports are the cornerstone of our Dairy General Order. They are one of the primary tools we use to ensure that water quality is protected,” said Andrew Altevogt, assistant executive officer for the Central Valley Water Board. “In assessing this penalty our Board recognized that running a business comes with the responsibility of complying with the Dairy General Order, including submitting the required documents.”

Crete Carrier Corp. Penalized $1,250 for Failing to Complete Cleanup Documentation

The Massachusetts Department of Environmental Protection (MassDEP) has issued a $1,250 penalty to Crete Carrier Corporation, a trucking company based in Lincoln, Nebraska, for violations of Massachusetts environmental cleanup regulations. Crete failed to submit final documentation for cleanup of a diesel fuel spill related to a tractor-trailer accident on Interstate 91 in Springfield.

On August 13, 2014, MassDEP was notified of a release of diesel fuel on I-91 northbound in Springfield. A tractor-trailer owned and operated by Crete was involved in an accident during a significant rain event. An estimated 75 gallons of diesel fuel was released to pavement and the storm drainage system. MassDEP personnel responded to the site, confirmed that a reportable release of diesel fuel to the environment had occurred and assisted the Springfield Fire Department and an environmental contractor in containing and cleaning up the diesel fuel.

Although the cleanup was successfully completed, Crete failed to submit documentation from the cleanup, and failed to respond to a Notice of Noncompliance issued in October 2014 that allowed an extension of the deadline to submit the required information.

As a result of recent discussions with MassDEP, Crete has agreed to submit the required cleanup documentation and pay a penalty of $1,250 for the violations.

“MassDEP made numerous attempts and issued letters to assist Crete Carrier Corporation in complying with Massachusetts waste site cleanup regulations,” said Michael Gorski, director of MassDEP’s Western Regional Office in Springfield. “We are pleased that Crete has agreed to return to compliance and submit full cleanup documentation for the August 2014 spill.”

MassDEP Assesses $172,240 Penalty to NEWS of Worcester for Violating Solid Waste Permit

The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $172,240 penalty against NEWS of Worcester, LLC for the company’s failure to comply with state Solid Waste permit requirements during its project to repair the cap on the Greenwood Street Landfill in Worcester.

In 2009, MassDEP approved a permit for NEWS of Worcester, based in Rutland, Vermont, to complete a repair of the landfill cap on the closed Greenwood Street Landfill on Nip Napp Trail in Worcester. As part of the permit, the maximum elevation of the landfill was set at 512 feet. As the cap repair program continued, NEWS allowed significantly more material than permitted to be placed on the landfill, resulting in a landfill elevation of 524 feet, which exceeded the permitted elevation.

In a consent order with MassDEP, NEWS must pay $43,060 of the penalty to the Commonwealth; the remainder will be used to conduct a Supplemental Environmental Project (SEP).

The SEP funds will be used in the design and construction of the “Your Sanctuary in the City” project at the Massachusetts Audubon Society’s Broad Meadow Brook Conservation Center & Wildlife Sanctuary. The sanctuary is in south Worcester, not far from the landfill and the Quinsigamond Village neighborhood. This project will incorporate on-site storm water recycling and a composting/waste management area. The project will maximize use of recycled or sustainably produced construction materials, involve responsible management of construction and demolition wastes, and include interpretive signage and displays.

“This penalty reflects the importance of constructing landfill repair projects consistent with environmental permits,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester. “I am glad that NEWS was willing, and that MassDEP’s SEP Policy allows for much of the penalty to be used for a project that will benefit the residents of the neighborhood near the landfill as well as other citizens.”

Quincy, MA, Penalized $28,125 for Wetlands Violations

The Massachusetts Department of Environmental Protection (MassDEP) penalized the City of Quincy $28,125 for wetlands violations associated with the installation of an equalization pipe to address drainage and flooding near Faxon Field. The pipe, which is 12 inches in diameter and approximately 75 feet long, was installed by the city at 122 Russell Park without having obtained approval for work in an area that contains wetlands resources.

After determining that the pipe had been installed without approval, MassDEP required Quincy to document how flood-storage area at Faxon Field has not been compromised by flows entering into it from the installed pipe; and, to submit peak discharge rates for 2-, 10- and 100-year storm events that would have occurred without the pipe, compared to what will now occur with the pipe installed.

Under the terms of this consent order, MassDEP requires Quincy to provide a narrative explaining how the alteration of approximately 200 square feet of bordering vegetated wetlands and 15 linear feet of bank associated with an intermittent stream, that occurred during the installation of this pipe, was done in a way that met the required performance standards.

“By installing the pipe without obtaining prior authorization, the city was clearly at fault, and they must now demonstrate that the continued presence of this equalization pipe will not exacerbate flooding,” said Eric Worrall, director of MassDEP’s Northeast Regional Office in Wilmington. “The city must also ensure that the installation was done in a manner that has not damaged the capacity of nearby wetlands resource areas to continue to function properly.”

The city must pay $9,000 of the penalty within 120 days, and MassDEP will suspend the remaining $19,125 provided the city fully complies with all terms of the order, and that there are no further wetlands violations.

New Report Shines Light on Water Quality Concerns in Minnesota

A new report released recently by the Minnesota Pollution Control Agency provides additional evidence that agricultural and urban runoff is contributing significantly to the impairment of Minnesota’s lakes, rivers and streams. The new study, which monitored half of the state’s 81 major watersheds, takes an in-depth look at the lakes and streams in major drainage areas. According to the MPCA, it is unlikely that current or new clean water funding can significantly improve the deteriorating conditions of many of the state’s waters—unless the state employs new strategies to prevent the pollution from happening in the first place.

The study, “Swimmable, Fishable, Fixable,” found that poor water quality is concentrated in certain regions of the state, especially in southern Minnesota. MPCA researchers noted that in heavily farmed areas, surrounding lakes and streams had high levels of nitrogen, phosphorus, and sediment. These high levels make it difficult to support aquatic life, and in some cases prohibit people from swimming in lakes and streams. The report’s findings conclude that poor water quality in southern Minnesota waters is caused predominantly by agricultural runoff. Urban areas also suffer from elevated levels of water pollution caused by runoff.

“We have seen many of these patterns developing during the last 20 years. With the comprehensive watershed information we are gathering, we are much closer to a diagnosis that can point us toward the changes that need to happen,” said MPCA Commissioner John Linc Stine. “While the Legacy Funds Minnesota citizens invested are helping us take steps forward, it’s clear that we can’t buy our way to healthy waters.”

Key Findings in the Report

The report was compiled by the MPCA over the last several years, and was funded by the Clean Water, Land and Legacy Constitutional Amendment. The MPCA found that phosphorus and nitrogen, high bacteria levels and mercury contamination continue to be problems in many of Minnesota’s lakes, rivers and streams. These pollutants, which are typically the product of urban and agricultural land runoff, have left many bodies of water inadequate for human consumption and aquatic life. Key findings from the report include:

• Urban and Agricultural Impact – Areas of Minnesota with larger human and livestock populations are struggling the most with water-quality. According to the MPCA study, runoff from land under intense urban or agricultural uses has left half or less of the lakes in those areas clean enough for healthy aquatic life and enjoyable swimming.
• Bacteria Levels – Higher levels of bacteria were discovered in many Minnesota waters. Generally, higher levels of bacteria indicate feedlot runoff or human waste in a water body, indicating it may be unsafe for swimming and other recreation.
• Mercury-Tainted Fish – Despite Minnesota’s progress in preventing mercury from entering lakes, rivers and streams from the state’s power utilities and other sources, the MPCA study concluded that mercury remains widely present in fish. The vast majority of lakes and streams examined in the study—97% of 490 stream sections and 95% of 1,214 lakes studied—contain fish tainted by mercury.
• High Levels of Nitrogen and Phosphorus – The MPCA study also found that watersheds that are heavily farmed or developed tend to have high levels of nitrogen, phosphorus, and suspended solids in their waters. Nitrogen and phosphorus can cause algal blooms while suspended solids make the water murky. These pollutants hurt aquatic life and recreational opportunities.
• Problems Vary Regionally – While urban and agricultural runoff were the general source of problems across Minnesota, the types of pollution causing problems in specific bodies of water varied regionally. Typical problems included issues such as low oxygen levels, excess nutrients, excess sediment, disruption of natural water flows, a lack of habitat, and a lack of connectivity between different bodies of water.

Recommended Strategies to Improve Water Quality

In addition to identifying stressors and healthy conditions in Minnesota’s lakes and streams, the MPCA and partner agencies have recommended strategies to restore and protect the state’s waters. 

“We are in this for the long haul—and we are talking 20 or more years,” said Commissioner Stine. “We need continued vigilance to protect our healthy waters and take targeted action to restore those that are impaired. It took decades for our lakes and streams to become polluted, and it will take many more years to restore them.”

Washington’s Air Quality Improved, but Risks Remain

Washingtonians are breathing cleaner air today than they were two decades ago, according to a report given to Governor Jay Inslee this week.

Nearly half the state’s population lived in areas not meeting federal air quality standards in 1995.

“There has been a lot of hard work by state and local governments to improve our air quality,” said Maia Bellon, Ecology’s director. “Air pollution is one of the biggest risks to public health we face today. We need to remain focused on improving air quality so we all have clean air to breathe.”

Although the report contained good news, Ecology cautioned that the state’s air quality is still at risk.

Fourteen Washington communities remain on the verge of violating air pollution limits for particulate matter, primarily from woodstoves. A recent report released by the American Lung Association listed Yakima and SeaTac among the top 25 cities most polluted by particle pollution, underscoring the need to remain focused on reducing air pollution in Washington.

Another cause for caution is the more stringent ozone pollution (smog) regulations the EPA is expected to issue later this year. Ecology is concerned that a lower ozone pollution limit could put the Puget Sound region at risk of violating standards.

Public health isn’t the only issue associated with violating air pollution limits. Businesses and local governments suffer economic consequences when air quality standards are not met. This makes permit requirements for new and expanding businesses much more stringent.

Ecology partners with local air agencies throughout the state to protect public health by ensuring air pollution meets required limits. Air pollution can affect people’s respiratory and cardiovascular systems. Air pollution particles can also act as carriers for toxics and cancer-causing materials.

“Clean air is vital. It’s something that benefits all of us, through better health, a stronger economy and a sustainable environment,” Bellon said.

Maryland Department of the Environment Releases Clean Air Progress Report

For the first time in more than three decades, the metropolitan Baltimore area is meeting the health-based federal standard for ground-level ozone air pollution, a new report by the Maryland Department of the Environment states. That determination, made by the EPA, is among the measures of continued improvement in air quality described in the report, Clean Air Progress in Maryland: Accomplishments 2015.

Reductions in emissions from utilities, motor vehicles and other sources have reduced the number of days on which Marylanders breathe unhealthy air. Maryland has had no Code Red air quality days for ozone in either of the past two summers. Maryland is currently meeting the federal standard for fine particle, or soot, pollution across the state.

 

EPA Recognizes Efforts of More Than 400 Federal Facilities for Green Leadership

The reduction of GHG emissions from participating facilities is equivalent to annual emissions from 190,000 passenger vehicles.

“The agencies who participate in EPA’s Federal Green Challenge are green leaders, reducing pollution, realizing significant cost savings, and making green improvements that will leave a healthier planet for future generations,” said Mathy Stanislaus, assistant administrator of EPA’s Office of Solid Waste and Emergency Response. “The awards recognize the commitment from these federal agencies to being good neighbors and environmental leaders in their communities.”

A national effort under EPA’s Sustainable Materials Management Program, the FGC allows federal offices or facilities to pledge participation in reducing the federal government’s environmental impact.

 

Within the target areas, challenge participants in FY14:

• Diverted over 390,000 tons of Municipal Solid Waste and Construction & Demolition waste from landfills

• Saved nearly 80 million gallons of water
• Saved 107 million cubic feet of natural gas
• Reduced fleet distance traveled by 12.3 million miles
• Sent 450 tons of end of life electronics to third party certified recyclers
• Avoided purchasing 15,000 lb of office paper
• Saved US taxpayers over $24 million

Agencies strive for annual improvements in selected target areas (Waste, Electronics, Purchasing, Water, Energy and/or Transportation) and report their improvements to EPA, demonstrating the financial and environmental benefits of their actions. For the third year in a row, EPA is recognizing facilities for annual improvements.

The 2015 National Awardees are:

Improvement by Target Area - highest increased percentage over previous year

• Waste: Southern Arizona VA Health Care System, Department of Veterans Affairs, Tucson, Arizona
• Electronics: Western Laboratory, Drug Enforcement Administration, Department of Justice, San Francisco, California
• Purchasing: US Courthouse, General Services Administration, Los Angeles, California
• Energy: Marine Corps Air Station Miramar, US Marine Corps, Department of Defense, San Diego, California
• Water: Oregon Caves National Monument, National Park Service, Department of the Interior, Cave Junctions, Oregon
• Transportation:

- National Renewable Energy Laboratory, Department of Energy, Golden, Colorado

- Minneapolis VA Healthcare System, Department of Veterans Affairs, Minneapolis, Minnesota

- Capulin Volcano National Monument, National Park Service, Department of the Interior, Capulin, New Mexico

Pennsylvania Governor Wolf Announces 2015 Environmental Excellence Award Winners

Governor Tom Wolf recently announced that 15 environmental projects from across the state will receive the 2015 Governor’s Award for Environmental Excellence.

“These awards represent some of our best citizen-led efforts in environmental stewardship,” Wolf said. “Their leadership is bound to make a positive impact on the communities they serve.”

Any Pennsylvania business, school, government agency, trade organization, non-profit organization, or agribusiness that has completed projects to promote environmental stewardship and economic development was eligible to apply for the award. The winners were selected by the Department of Environmental Protection (DEP).

“We received numerous entries from worthy projects across the state,” Acting DEP Secretary John Quigley said. “The innovations shown by this year’s winners represent Pennsylvanians’ commitment to protecting our environment.”

The winning projects include a recycling drive, a statewide litter cleanup, a watershed enhancement initiative, a cleanup of an industrial site, and much more.

The Pennsylvania Environmental Council will host a dinner to honor the award winners April 28 at the Hilton in downtown Harrisburg.

Winners:

• Adams: Adams County Chapter 323 Trout Unlimited – Conococheague Creek Trout Habitat Enhancement Project
• Allegheny: Sustainable Pittsburgh – Sustainable Pittsburgh’s Performance Programs: Raising the Bar for Businesses, Government, and Nonprofits
• Bucks: Yardley Borough Environmental Advisory Commission – Yardley Borough Recycling Day 2014
• Chester: Exelon Generation – Kennett Square Environmental Council Stewardship and Outreach
• Clearfield: Headwaters Resource Conservation & Development Council – The Sinnemahoning Stakeholder Committee: A Restoration, Education, and Financial Stewardship Commitment
• Dauphin: Phoenix Contact Services, Inc. – Combined Cooling Heating and Power
• Delaware: The Vanguard Group, Inc. – Vanguard’s Commuter Reduction Program
• Erie:
• Harmful Algal Bloom Task Force – Developing the Lake Erie Harmful Algal Bloom Monitoring and Response Strategy for Recreational Waters
• Pennsylvania Sea Grant – Great Lakes - Great Stewards
• Regional Science Consortium – The Pennsylvania Lake Erie Nearshore Buo
• Montgomery: PECO – Norristown Manufactured Glass Plant Site Remediation
• Philadelphia: Philadelphia Water Department – Delaware Valley Early Warning System, Tital Spill Trajectory Tool
• Schuylkill: Schuylkill County Municipal Authority – Deer Lake Wastewater Treatment Plant and Sanitary Upgrades
• Somerset: Conemaugh Valley Conservancy, Inc. – Kiski-Conemaugh Stream Team
• Multiple: Keep Pennsylvania Beautiful – Great American Cleanup of Pennsylvania

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