EPA is planning to develop a rule for ensuring the safe disposal of hazardous waste pharmaceuticals (HWP) under the Resource Conservation and Recovery Act (RCRA) instead of adding the provisions to its universal waste rule as previously proposed. Mathy Stanislaus, head of the Office of Solid Waste and Emergency Response (OSWER) wrote a letter to the agency’s Office of Inspector General (IG) saying his agency would “propose a rule designed to facilitate proper management of HWP in the health care industry. We anticipate proposing a rule in August 2013.” The agency also plans to determine if any existing pharmaceuticals should qualify for regulation as hazardous waste. A report by EPA’s IG in May found eight chemicals in pharmaceuticals that meet EPA’s criteria for regulation as acute hazardous waste currently not being regulated as such and notes more than 100 drugs that federal occupational safety organizations have identified as hazardous that EPA has yet to review.
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Upgrade Your Career: Environmental and Safety Consultant/Trainers
Environmental Resource Center has positions open for environmental and safety consultants at our office in Cary, North Carolina. You must have excellent writing and speaking skills. We currently have openings for a top-notch environmental and safety consultants with expertise in:
- RCRA hazardous waste regulations
- DOT/IATA/IMO hazardous material transportation regulations
- Environmental and safety audits
- SARA Title III
- Clean Air and Clean Water Acts
- OSHA general industry standards
- Online computer-based training instructional design and implementation
You must have at least 2 years of experience in government or industry environmental and/or compliance and be able to immediately train the subject matter to both novices and experts. Strong consideration will be given to applicants who have experience presenting training on more than three of the topics listed above.
In addition to instructing seminars and on-site training programs, the position includes maintenance of training materials (books, PowerPoints, computer based training), consulting projects, business development, development of future classes, and keeping our customers satisfied.
Environmental Resource Center offers a competitive salary based on experience, a 401(k), profit sharing, medical and dental insurance, and other great benefits.
Ten Ways to Save Money, Energy, and Protect Your Health This Winter
1. Maintaining the efficiency of your home’s heating, ventilation, and air conditioning (HVAC) system can have a big effect on your utility bills. Dirt and neglect can impact the efficiency of your HVAC system and are some of the top causes of heating system failure. Schedule an HVAC checkup with a licensed HVAC contractor to make sure your system is operating at peak performance. Also, check your system’s air filter every month and change it when it’s dirty or at a minimum, every three months. A dirty filter will slow down air flow and make the system work harder to keep you warm or cool—wasting energy.
2. The AIRNow app allows users to enter a zip code and get current particle pollution and ozone levels and forecasts for more than 400 cities across the country. The Ultraviolet (UV) Index provides an hourly forecast of the UV radiation levels from the sun. Both are available for Apple and Android phones.
3. Energy Star-qualified light strings use about 65% less electricity than incandescent light strings and are available in a variety of colors, shapes, and lengths. They save energy and are more durable, shock-resistant, and cooler to the touch. If every decorative light string sold in the US this year were Energy Star qualified, Americans would save $80 million in utility bills, and one billion lb of greenhouse gas (GHG) emissions would be prevented.
4. Control your home’s temperature while away or asleep by using one of the pre-programmed settings. Programming the thermostat to turn the temperature down eight degrees for seven hours each night and an additional seven hours each weekday could result in a seasonal heating savings of approximately 12%. For the average home, this could result in savings of about $180.
5. The average household spends as much as $500 per year on their water and sewer bill, but approximately $170 per year can be saved by installing water-efficient fixtures and appliances.
6. Feed people, not landfills. Food is the single largest type of waste going to landfills and incinerators. Americans disposed of approximately 33 million tons of food waste in 2010. When excess food, leftover food, and food scraps are disposed of in a landfill, they decompose and become a significant source of methane—a potent GHG. Much of the food that is discarded in landfills is actually safe, wholesome food that could have been used to feed people. So when you are thinking about making your family dinner, think about how you can reduce your food waste to save money, help communities, and protect the environment.
7. Look for the Design for the Environment label on more than 2,800 products during winter cleaning. In 2011, Americans using DfE products cut the use of harmful chemicals by more than 756 million lb.
8. Radon, a colorless odorless gas, is the leading cause of lung cancer among non-smokers and levels can increase during colder months. Purchase an affordable Do-It-Yourself test kit online or at a local hardware store to determine the level in your home. Addressing high levels often costs the same as other minor home repairs.
9. Learn before you burn and cut firewood use by more than 30%. Never burn garbage, cardboard, ocean driftwood, or wet wood. If you replace an old wood stove with a more efficient one, efficiency can increase by 50%, 1/3 less wood can be used for the same heat and 70% less particle pollution indoors and out are produced.
10.Now is the time when pests such as insects and rodents may try to move indoors. Eliminate sources of food, water, and shelter to reduce pest problems. Prevent pests by using caulk to eliminate cracks, repair water leaks, remove clutter, and clean up crumbs and other food sources. If you decide to use a pesticide, read the label first. The pesticide label is your guide to using pesticides safely and effectively. It contains pertinent information that you should read and understand before you use a pesticide product.
Atlas Resources to Pay $84,506 Penalty to Settle Alleged Environmental Violations
The EPA has announced that Atlas Resources LLC, will pay an $84,506 penalty to settle alleged air and hazardous chemical violations at its natural gas production facility in Avella, Pennsylvania.
EPA cited the company for violating the Emergency Planning and Community Right-to-Know Act (), a federal law designed to inform the public and emergency responders about hazardous and toxic chemicals in their communities. EPCRA requires facilities to submit annual reports on regulated chemicals, and routine and accidental chemical releases. The law also requires facilities to report on their hazardous chemicals to state and local emergency response agencies. This information helps communities and first responders to prepare for chemical emergencies. Atlas was also cited for violating Clean Air Act (CAA) provisions which require regulated facilities to take steps to reduce the risk of accidental releases of hazardous substances, and minimize the consequences of any accidental releases that do occur.
EPA alleged that Atlas failed to provide state and local emergency responders required information on hazardous chemicals stored at the company’s Avella production facility during 2008 and 2009. The agency also alleged that Atlas did not comply with proper storage and handling of natural gas condensate at the site. EPA’s investigation at various Atlas production wells in Washington County also indicated the presence of vapor releases from condensate tanks. As a part of the settlement, Atlas did not admit or deny EPA’s allegations.
Currently, Atlas has discontinued operation of its natural gas extraction wells in Washington County until the company completes audits at eight of their production facilities located there. These audits are being done to ensure compliance with safeguards preventing accidental air releases and confirming that operations are environmentally sound.
The Atlas facilities in Washington County to be audited are located in Hopewell Township and Cross Creek Township. The company will conduct the audits based on EPA’s recently adopted New Source Performance Standards and National Emission Standards for hazardous air pollutants in the oil and gas sector. Compliance with these industry and federal standards will help improve local air quality and protect public health.
Maryland Air National Guard Settles Hazardous Waste Violations at Baltimore Facility
In a consent agreement with the EPA, the Maryland Air National Guard (MDANG), 175th Wing, has agreed to pay a $75,000 penalty to settle alleged violations of hazardous waste regulations at its facility in Baltimore, Maryland.
EPA cited MDANG for violating RCRA, the federal law governing the treatment, storage, and disposal of hazardous waste. 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.
The consent agreement resolves alleged violations discovered in an April 2011 inspection of the facility. The wastes involved in these alleged violations include lubricants, paints, sealants, cleaning solutions, and adhesive wastes. These wastes are hazardous because they exhibited the characteristics of being ignitable, corrosive, or toxic due to chromium, methyl ethyl ketone or other compounds.
The settlement penalty reflects the MDANG’s compliance efforts, and its cooperation with EPA in the resolution of this matter. As part of the settlement, MDANG has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA requirements.
District of Columbia Preserves 250 acres of Land as Part of Settlement with EPA for Alleged UST Violations
The EPA has announced that the Government of the District of Columbia (DC) has taken legal measures to preserve the open space of approximately 250 acres of land in Anne Arundel County, Maryland. The District’s action finalizes the settlement of an EPA administrative case involving underground storage tanks (USTs) at the DC Department of Youth Rehabilitation Services facility, located in Laurel, Maryland.
Under a 2010 settlement agreement with EPA, the District paid a $73,489 penalty, removed 14 USTs and approximately 725 tons of contaminated soil at the facility in Anne Arundel County. As part of the settlement, the District also agreed to complete a supplemental environmental project to preserve open space in Laurel, Maryland, working in cooperation with three non-profit conservation groups.
On September 26, 2012, the District conveyed a quit claim conservation easement to the Maryland Environmental Trust, the Scenic Rivers Land Trust, Inc., and the Patuxent Tidewater Land Trust, Inc., to protect a 250-acre site including woodlands, wooded wetlands, open emergent wetlands, and the Little Patuxent River. The purpose of the quit claim conservation easement is to preserve open space, to protect the natural wildlife habitat (including important habitat for forest-dwelling birds); and to foster low impact recreational uses and activities such as nature study, orienteering, hiking, fishing, and kayaking.
The 2010 settlement between the EPA and the District resolved alleged violations of federal and Maryland regulations of USTs, including failure to install spill prevention equipment intended to prevent releases and spills, failure to install overfill prevention equipment; failure to provide corrosion protection, and failure to register nine USTs with the Maryland Department of the Environment (MDE)
With millions of gallons of gasoline, oil, and other petroleum products stored in USTs nationwide, leaking tanks are a major source of soil and groundwater contamination. EPA and state UST regulations are designed to reduce the risk of underground leaks and to promptly detect and properly address leaks which do occur, thus minimizing environmental harm and avoiding the costs of major cleanups.
Everett Tug Fined for Seattle Oil Spill
The Washington Department of Ecology (Ecology) has fined Dunlap Towing Co., (Dunlap) of Everett $14,000 for an oil spill to Elliott Bay in Seattle, Washington, last year.
The Dunlap tug, Manfred Nystrom, spilled 33 gallons of diesel fuel oil to the bay while taking on fuel at the north end of Harbor Island on July 1, 2011. The company promptly reported the spill and organized a cleanup response that recovered 31 gallons of the oil.
During the past five years, Dunlap tugs have spilled 1–20 gallons of fuel five times during fuel transfers, including a 2008 incident involving an incompletely closed valve on the Manfred Nystrom.
Ecology determined that in the most recent incident a valve thought closed during the fueling operation was partially open. As a result, incoming fuel continued to flow into a full tank and overflowed through a vent on that tank onto the deck. Oil then flowed overboard through openings that were inadequately blocked to prevent oil from spilling overboard.
Ecology penalties may be appealed to the Washington State Pollution Control Hearings Board.
Besides the $14,000 fine, the state issued a $414 assessment on October 3, 2011, for damages the spill caused to the public’s environmental resources. The assessment is based on the amount spilled and the resources it placed at risk. Dunlap has paid this assessment.
Eagan Postal Facility is Penalized for Air Quality Violations
The US Postal Service has reached an agreement with the Minnesota Pollution Control Agency, resolving air quality violations at the USPS Regional Management Support Center in Eagan, Minnesota. The facility did not obtain proper air quality permits from the MPCA before it installed and operated a number of boilers and diesel-fueled generators at the site.
The violations resulted in a potential increase in emissions of several regulated air pollutants, including particulate matter, sulfur dioxide, and nitrogen oxides. These pollutants can cause respiratory irritation in humans and would add to the overall air pollution in the area.
The violations were discovered in 2009, when the USPS applied to the MPCA for an air quality permit covering on-site generators and gas-fired boilers used to heat the facility in Eagan. The application stated that this would be the facility’s first air quality permit. The MPCA requested more information and found that 14 gas-fired boilers and seven diesel-fueled generators had been installed at the facility between 1998 and 2004.
Instead of using the generators only for traditional backup electrical generation, the facility entered into a service agreement with Northern States Power Co., (now Xcel Energy) to use them for peak shaving, in which on-site generators are used to offset electrical demands at times of peak usage.
However, that meant the generators could potentially operate more frequently and therefore have potential emissions of several regulated air pollutants above 250 tons per year, which requires a higher category of state and federal air quality permits. Because the facility did not seek the proper permits, the MPCA had no opportunity to set appropriate permit conditions to control these increased potential emissions.
The facility used the five original generators for peak shaving from 1998 through 2003, and all seven generators were used for peak shaving from 2004 through 2009. The facility did not renew its agreement with Excel Energy and is no longer using its generators for peak shaving, but rather as standby generators for traditional emergency use.
The investigation also found that Emission Inventory Reports had not been submitted from 1998 through 2007. The USPS will pay $13,000 to the MPCA and agreed to a compliance schedule for completing corrective actions, including submitting required Emission Inventory Reports and applying for the proper air quality permits. The USPS has completed all the required corrective actions.
When calculating penalties, the MPCA takes into account how seriously the violations affected the environment, whether they were first-time or repeat violations, and how promptly they were reported to appropriate authorities. Penalties also attempt to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner.
Philadelphia Gas Works to Pay $8,090 Penalty to Settle UST Violations
Philadelphia Gas Works (PGW) has agreed to pay a $8,090 penalty to settle alleged violations of UST regulations at the company’s facility in Philadelphia, Pennsylvania, the EPA announced.
EPA cited the company for not complying with safeguards designed to prevent, detect, and control leaks of petroleum and other hazardous substances from USTs. The alleged violations involved a 10,000 gallon capacity UST used to store diesel fuel. According to EPA, the company failed to comply with release detection requirements for an 11-month period, and failed to promptly investigate a suspected leak from this tank. This settlement does not reflect a determination by EPA that there was an actual leak from this UST.
With millions of gallons of petroleum products and hazardous substances stored in USTs throughout the US, leaking tanks are a major source of soil and groundwater contamination. EPA and state UST regulations are designed to reduce the risk of underground leaks and to promptly detect and properly address leaks thus minimizing environmental harm and avoiding the costs of major cleanups.
The settlement penalty reflects PGW’s cooperation with EPA in correcting the alleged non-compliance and resolving this matter.
Buscher Construction Fined for Storm Water Violations
The Montana Department of Environmental Quality (DEQ) recently settled its administrative enforcement action against Buscher Construction and Development, Inc., for violations of the Montana Water Quality Act that occurred at the Poly Vista Estates Subdivision in Billings, Montana.
In its enforcement action, the DEQ alleged that the company discharged sediment-laden storm water to state waters without a permit. To address the violation, DEQ issued an Administrative Order on Consent, which assessed a $5,750 administrative penalty for the violation. Buscher has obtained a discharge permit, paid the administrative penalty and has met the corrective actions of the order.
Landowner and Waste Management Company Owner Convicted of Dumping Asbestos into Wetlands in Upstate New York
The owner of a 28-acre piece of property on the Mohawk River and the owner of a New Jersey solid waste management company were found guilty by a federal jury in Utica, New York, of charges that they conspired to defraud the US and violate the Clean Water Act (CWA) by illegally dumping thousands of tons of asbestos-contaminated construction debris on the property in upstate New York.
The defendants, Cross Nicastro, owner of the property in Frankfort, New York, along with Mazza & Sons Inc., and its owner, Dominick Mazza, were found guilty of conspiracy to defraud the US, as well as violate the CWA and Superfund laws. In addition, Nicastro, Dominick Mazza and Mazza & Sons Inc., were convicted of violating the Superfund law’s requirement to report the release of toxic materials and obstructing justice. Dominick Mazza was also convicted of making false statements to EPA special agents.
According to evidence presented during the 10-day trial, the defendants engaged in the illegal dumping of thousands of tons of construction and demolition debris, much of which was contaminated with asbestos, at Nicastro’s property, which contained federally-regulated wetlands. The dumping occurred without a permit.
Evidence demonstrated that the defendants, along with co-conspirators, concealed the illegal dumping by fabricating a New York State Department of Environmental Conservation (DEC) permit and forging the name of a DEC official on the fraudulent permit. In addition, the evidence demonstrated that Mazza & Sons, Inc., obstructed justice by destroying and concealing documents responsive to a grand jury subpoena.
The conspiracy, substantive Superfund and false statement counts each carry a maximum penalty of five years in prison and a fine of either $250,000, twice the gross gain to the defendants, or twice the gross loss to a victim, whichever is determined to be greater. The obstruction of justice count carries a maximum penalty of 20 years in prison and similar fines.
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Trivia Question of the Week
This month marks the 40th Anniversary of which landmark environmental legislation?
a. Clean Air Act
b. Clean Water Act
c. Resource Conservation and Recovery Act
d. Toxic Substances Control Act