Notable Companies Added/Dropped from Dow Jones Corporate Sustainability Index

 The largest additions (by free-float market capitalization) to the DJSI World include Medtronic Inc., Schneider Electric S.A., and Societe Generale S.A., while the largest deletions (by free-float market capitalization) are Coca-Cola Co., Hewlett-Packard Co., and EnCana Corp. These changes will become effective with the open of the stock markets on September 19, 2011.

Michael A. Petronella, President, Dow Jones Indexes said, “The DJSI have become the gold standard in recognizing the world’s corporate sustainability leaders. These indexes have become an invaluable market tool for those seeking to support companies that are committed to creating and adopting sustainable business practices.”

The DJSI follow a best-in-class approach, including companies across all industries that outperform their peers in numerous sustainability metrics. Each year, SAM invites the world’s 2,500 largest companies, measured by free-float market capitalization, from the 57 sectors to report on their sustainability performance. The result of the Corporate Sustainability Assessment provides an in-depth analysis of economic, environmental, and social criteria, such as corporate governance, water-related risks, and stakeholder relations, with a special focus on industry-specific risks and opportunities.

SAM annually identifies the top company in each of the 19 supersectors into which the 57 sectors roll up. The 2011-2012 supersector leaders listed alphabetically are:

Launched in 1999, the DJSI are the first global indexes tracking the financial performance of the leading sustainability-driven companies worldwide. Today, the index family has approximately USD 8 billion in assets under management in a variety of financial products including mutual funds, separate accounts, notes, and exchange-traded funds (ETFs). With approximately 60 licenses, the DJSI have been linked to financial products in 16 countries, an indication of investors’ increasing appetite to utilize the index as a means to reflect their sustainability convictions within their portfolios.

Safety Consultant/Trainer

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

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

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

Columbus RCRA and DOT Training

San Antonio RCRA and DOT Training

Advertising Opportunities Available

EPA Decides to Retain Carbon Monoxide NAAQS

To satisfy a court order governing the schedule for completion of a review of the air quality criteria and the national ambient air quality standards (NAAQS) for carbon monoxide (CO). EPA has determined that the current primary standards are requisite to protect public health with an adequate margin of safety, and is retaining those standards After review of the air quality criteria, EPA also concluded that no secondary standard should be set for CO at this time. 

New USGS Tool Help Direct Action on Excessive Nutrients in Rivers and Estuaries

Excessive nutrients in the nation’s rivers, streams, and coastal areas are a major issue for water managers, because they cause algal blooms that increase costs to treat drinking water, limit recreational activities, threaten valuable fisheries, and can be toxic to humans and wildlife.

“Protecting ecosystems like the Great Lakes and Gulf of Mexico is critical to ensuring that those areas continue to be important economic engines for our nation. These new models and the decision support system are excellent tools that will help states, water managers, and federal agencies target sources and areas in order to design effective nutrient reduction strategies to improve water quality,” said Lori Caramanian, Deputy Assistant Secretary, Water and Science, Department of Interior and a member of the Mississippi River Gulf of Mexico Watershed Nutrient Task Force.

“A majority of the nation’s estuaries are moderately to highly impacted by nutrient pollution which threatens living resource habitats, causes oxygen-depleted ‘dead zones’ and can fuel harmful algae blooms,” said Dr. Robert Magnien, Director of NOAA’s Center for Sponsored Coastal Ocean Research. “This USGS decision support system represents a major advance in the availability of sound scientific information to enable the effective management of this growing threat to our valued coastal resources and economies.”

Each region and locality has a unique set of nutrient sources and characteristics that determine how those nutrients are transported to streams.

“Using the decision support system, users can evaluate combinations of source reduction scenarios that target one or multiple sources of nutrients and see the change in the amount of nutrients transported to downstream waters—a capability that has not been widely available in the past,” said Stephen Preston, USGS hydrologist and coordinator for these regional models.

For example, the decision support system indicates that reducing wastewater discharges throughout the Neuse River Basin in North Carolina by 25% will reduce the amount of nitrogen transported to the Pamlico Sound from the Neuse River Basin by 3%; whereas a 25% reduction in agricultural sources, such as fertilizer and manure, will reduce the amount of nitrogen by 12%.

The new USGS regional models were developed using the SPARROW (SPAtially Referenced Regressions On Watershed attributes) modeling framework. Results detailing nutrient conditions in each region are published in the Journal of American Water Resources Association, and can be accessed with the decision support system online.

Based on the six regional model results, waste-water effluent and urban runoff are significant sources of nutrients in the Northeast and mid-Atlantic, while agricultural sources like farm fertilizers and animal manure contribute heavily to nutrient concentrations in the Midwest and central regions of the nation. Atmospheric deposition is the largest contributor of nitrogen in many streams in the eastern US, and naturally occurring geologic sources are a major source of phosphorus in many areas.

Additionally, the six models used in the decision support system show that the amounts of nutrients transported varies greatly among the regions, because nutrients can be removed in reservoirs or used by plants before they reach downstream waters. Temperature and precipitation variation across the country also affect the rates of nutrient movement and loss on the land and in streams and reservoirs.

The USGS developed the SPARROW water-quality model to assist with the interpretation of available water-resource data and provide predictions of water quality in unmonitored streams. These regional SPARROW models incorporate geospatial data on geology, soils, land use, fertilizer, manure, wastewater treatment facilities, temperature, precipitation, and other watershed characteristics, from USGS, NOAA, USDA, and USEPA. These data are then linked to measurements of stream flow from USGS streamgages and water-quality monitoring data from approximately 2,700 sites operated by 73 monitoring agencies. Information on SPARROW modeling applications, data, and documentation can be accessed online.

The model was developed by the USGS National Water Quality Assessment Program, which provides information about water-quality conditions and how natural features and human activities affect those conditions. Federal, regional, and state agencies, including USEPA, USDA, Bureau of Reclamation, and others have used the SPARROW model results to inform water-quality management decisions.

EPA Corrects CAS Numbers on Hazardous Substance List

CRT Recycler Fined for Improper Management of Hazardous Waste

Pelican Refining Charged With Air Monitoring Violations

The US Attorney in Lafayette, Louisiana, charged Houston-based Pelican Refining Company for violating three felony counts of the Clean Air Act (CAA), including filing a false report with the Louisiana Department of Environmental Quality (DEQ). Pelican Refining operates an oil refinery in Lake Charles. Pelican faces up to $500,000 in fines for each count or up to twice the financial gain or loss to victims from the alleged violations.

Federal authorities have been investigating Pelican since 2006, when DEQ inspectors discovered illegal discharges of hydrogen sulfide, improperly repaired pollution monitoring and control equipment, and improper leak containment remedies. In addition, oil at the facility was being stored improperly in unrepaired tanks.

“DEQ will aggressively investigate and prosecute any facility found to be skirting environmental laws in order to avoid the environmental and legal responsibilities mandated in their permit,” said DEQ Secretary Peggy Hatch. “DEQ’s core mission is to protect human health and the environment, and violation of the Clean Air Act is a very serious offense. We will continue to work with our local, state and federal partners to ensure such violators are brought to justice.”

An initial appearance date has not been scheduled; however, the plea agreement will be filed at that time. On July 6, Byron Hamilton, 55, who oversaw the refinery’s operations from Houston as president and general manager, pleaded guilty in Lafayette federal court to two misdemeanor endangerment charges under the federal CAA. He faces up to one year in prison and a $200,000 fine for each count.

Hercules, Inc. to Pay $245,521 Civil Penalty for LDAR Violations

Hercules, Inc., a Wilmington, Delaware, chemical company, has agreed to pay a $245,521 civil penalty to the US for violating the CAA’s Leak Detection and Repair requirements at its manufacturing facility in Louisiana, Missouri.

According to a stipulation of settlement and judgment filed in US District Court in St. Louis, Hercules violated the National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks, which require chemical manufacturing facilities to implement Leak Detection and Repair (LDAR) programs to control hazardous air pollutant emissions from equipment leaks.

EPA inspected the company’s Louisiana, Missouri, manufacturing facility in 2007. At that time, the facility was using substances such as formaldehyde, pentaerythritol, methanol, and acetaldehyde, all of which are classified as hazardous air pollutants under the CAA.

LDAR is a work practice designed to identify leaking equipment so that emissions can be reduced through timely repairs. A manufacturing facility that is subject to LDAR requirements must be monitored at specified, regular intervals to determine whether or not it is leaking. Any leaking component must then be repaired or replaced within a specific time frame to ensure that any potential leaks of air pollutants are timely detected and repaired.

This enforcement action was initiated as part of EPA’s national enforcement initiative into reducing fugitive air toxics emissions caused by facilities’ failures to comply with LDAR requirements. EPA has determined that leaking equipment such as valves, pumps, and connectors are the largest source of emissions of volatile organic compounds (VOCs) and volatile hazardous air pollutants (VHAPs) from petroleum refineries and chemical manufacturers. VOCs contribute to the formation of ground-level ozone. Ozone is a major component of smog and can cause or aggravate respiratory disease. Ozone also causes damage to forests and crops, fabric and exterior coatings such as oil and acrylic latex, oil coatings, and automotive finishes. Some known or suspected effects of exposure to VHAPs include cancer, reproductive health problems, and birth defects.

Sewage Treatment Operator Fined for Making False Statements to OEPA

John A. Anderson, of Pomeroy, Ohio, was sentenced in US District Court for making false statements to the Ohio EPA related to the operation of the sewage treatment plant that services the Village of Pomeroy. Mr. Anderson was sentenced to serve 36 months of probation, the first 12 months of which will be served as home confinement. In addition, Mr. Anderson was fined $2,000 and ordered to perform 104 hours of community service. As a result of this conviction and the Court’s order, Mr. Anderson will never again operate a sewage treatment plant.

Carter M. Stewart, US Attorney for the Southern District of Ohio, Ohio Attorney General Mike DeWine, Randall K. Ashe, Special Agent in Charge of the EPA, and Scott J. Nally, Director of the Ohio EPA, announced the sentence imposed by US District Court Judge Peter C. Economus.

Anderson was the village administrator of Pomeroy from approximately 1989 to 2009. Part of his job duties included responsibility for the operation of the village’s wastewater treatment plant, including filing the required reports with the State of Ohio. The plant discharges the treated sewage to the Ohio River.

The plant has a permit issued by Ohio EPA that limits the amount of pollution that can be discharged into the Ohio River. Discharge limits have been established to protect human health and the environment. The permit also requires the sampling of the discharge from the plant.

On one occasion in 2007 and one occasion in 2008, Ohio EPA inspectors found the plant to be in an unsatisfactory condition in that large quantities of solids were being discharged into the Ohio River. In general, solids are related to fecal coliform in the discharge. The more solids in the discharge, the higher the level of fecal coliform in the discharge.

During 2006, 2007, 2008, and 2009, Anderson, on some occasions, failed to collect and/or analyze the required samples from the plant. Because samples were not taken and/or analyzed, there is no way to verify if the plant’s discharge was below or above the applicable permit limits. However, Anderson did not report that he failed to collect and/or analyze the samples. Instead, on those occasions, Anderson fabricated numbers for several pollutants, including solids and fecal coliform bacteria, and submitted the fabricated numbers to Ohio EPA. The fabricated numbers misrepresented that the plant was in compliance with the permit.

“This sentence sends the message that lying to regulators will not be tolerated and will be punished,” said Randall K. Ashe, Special Agent in Charge of EPA’s criminal enforcement program in Ohio. “It is also significant that Mr. Anderson will never operate a sewage treatment plant again.”

Pennsylvania DEP Fines First Student Inc. $121,520 for Diesel Fuel Spill

The Pennsylvania Department of Environmental Protection (DEP) has assessed First Student Inc., and its parent company, FirstGroup America Inc., a $121,520 penalty to resolve violations associated with a November 2010 release of diesel fuel from its school bus terminal in Newtown, Pennsylvania.

“This incident at First Student required the emergency response of five government agencies and disrupted a water utility’s operations for six days,” Southeast Regional Director Joseph A. Feola said. “With proper operation and maintenance of its above-ground storage tank, the company could have prevented this incident.”

On November 8, 2010, a First Student employee opened a valve to drain rainwater from a containment tank that housed a 10,000-gallon leaking fuel tank. The valve remained open overnight and allowed a mixture of water and diesel fuel to run from the terminal into Newtown Creek and eventually, into Neshaminy Creek, upstream from a public water system operated by Aqua Pennsylvania Inc.

In spite of corrective actions made by First Student, including the use of absorbent booms, vacuuming, and the excavation of contaminated soil and gravel, it became necessary on November 9 for Aqua, Pennsylvania, to shut down its Neshaminy water treatment plant intake. This required the utility to maintain a drinking water supply for more than 100,000 people through interconnection, increased production, and the purchase of additional water.

The incident resulted in violations of Pennsylvania’s Storage Tank Act, Clean Streams Law, Safe Drinking Water Act, and Fish and Boat Code. Inspections of the facility after the November 8 release revealed an ongoing lack of required tank maintenance and leak detection equipment that allowed for pollution.

First Student has paid civil penalties of $41,550 to the state’s Storage Tank Fund, $13,619 to the Clean Water Fund, and $56,250 to the Safe Drinking Water Account. The company has also reimbursed DEP for $7,600 of expenses incurred in response to the release and paid $2,500 in civil damages to the Pennsylvania Fish and Boat Commission.

Construction Company Fined $5 Million for Illegal Discharges to San Joaquin River

Kie-Con, Inc., a Delaware corporation, pled guilty in front of the Honorable Nathanael M. Cousins to one count of negligently violating the CWA and was sentenced to pay $5 million and enter into a comprehensive environmental compliance plan, US Attorney Melinda Haag announced.

“The San Francisco Bay Area is a place of spectacular natural beauty, cherished by people from here and around the world,” US Attorney Haag said. “Those who pollute our pristine waters and cavalierly disregard the laws designed to protect the environment will be brought to justice.”

According to the plea agreement, Kie-Con, which at the time of the unlawful activity was a division of Kiewit Pacific Co., is a manufacturer of pre-stressed and pre-fabricated concrete products, such as beams and girders used in building and bridge construction. Kie-Con had a facility located in Antioch, California that has been in operation since the early 1980s. As part of its operations, concrete was manufactured and poured into pile casting beds to create concrete piles used on the foundations of buildings and for other purposes. As part of this process, concrete process water was generated that had high pH levels.

According to the plea agreement, starting at a time unknown to the government, but no later than January 2004, and continuing to April 2007, Kie-Con employees routinely discharged or caused others to discharge concrete process water, a pollutant, directly into the San Joaquin River in violation of its CWA permit. The process water was a pollutant in part because it contained significantly high pH levels that fell outside the effluent limits set for the San Joaquin River. Kie-Con admitted that employees routinely discharged the process water by using a hose that pumped the process water from sedimentation basins to a nearby storm water drain that led directly to the river.

As part of the plea agreement, Judge Cousins sentenced Kie-Con to pay a total monetary payment of $5 million, with $3.5 million to be paid as a fine, $750,000 to be paid to the National Fish & Wildlife Foundation to fund environmental projects relating to watersheds and ecosystems in the Bay Area, and $750,000 to be paid to the Contra Costa District Attorney for funding environmental projects in the county where the violations occurred.

As part of the plea, both Kie-Con and the Northern California District of Kiewit Infrastructure West Co., f/k/a Kiewit Pacific Co., must implement a comprehensive Environmental Compliance Plan (ECP). The ECP is expected to provide strong environmental protections and improve the two companies’ operations as it relates to environmental compliance. Both companies fully cooperated with the government’s investigation once the violations were uncovered.

“For more than three years, the defendant discharged high pH concrete process water into the San Joaquin River,” said Nick Torres, Special Agent in Charge of EPA’s criminal enforcement program in California. “Today’s guilty plea demonstrates that companies who grossly neglect their industrial wastes and thereby pollute our nation’s waters will be prosecuted.”

Bedbug Exterminator Found Guilty of Unlawful Pesticide Use

Josimar Ferreira was convicted in federal court of the improper use of pesticides and making false statements to federal agents. Ferreira pleaded guilty before US District Judge Joseph L. Tauro to sixteen counts of violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and one count of making false statements.

Had the case proceeded to trial the government’s evidence would have proven that during the period of 2007 through 2010, Ferreira operated TVF Pest Control, Inc., a pest extermination company located in Everett, Massachusetts. The defendant told his clients that he could eradicate bed bugs from their homes with his use of a “special” mixture, supposedly approved for indoor application. In fact, Ferreira was applying a pesticide containing the insecticide Malathion, a pesticide registered with the EPA. Malathion is not approved for indoor use and its label does not permit indoor application. Ferreira applied the Malathion to indoor living spaces including a baby crib, mattresses, bed frames, baseboards, closets, and furniture.

US Attorney Carmen M. Ortiz said, “It is common knowledge that exposure to pesticides can have horrific effects on humans. To use them in such a reckless manner is unacceptable and will not be tolerated in this jurisdiction.”

Special Agent in Charge Michael E. Hubbard of the EPA Criminal Investigation Division in Boston said, “The EPA Criminal Investigation Division will aggressively investigate and pursue anyone who puts the American public and its children at risk by using dangerous chemicals illegally.”

Judge Tauro scheduled sentencing for November 22. Ferreira faces up to five years in prison to be followed by three years of supervised release and a $250,000 fine.

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Trivia Question of the Week

Which state requires prescribers to record the strength, dose, quantity, date destroyed, method of destruction, and person that performed the destruction whenever drugs are disposed of?

a. Ohio
b. California
c. Washington
d. Texas