The increased penalties are being published in revisions to PHMSA’s regulations and reflect statutory changes in the Moving Ahead for Progress in the 21st Century Act (MAP-21).
“These laws exist to keep people safe, and the increased penalties will help us make sure that those who knowingly violate the rules will be held accountable,” said US Transportation Secretary Ray LaHood.
Civil penalties are assessed for knowingly violating a hazardous material transportation law or a regulation, order, special permit or approval issued under that law. MAP-21 provides that the following updated civil penalties apply to violations occurring on or after October 1, 2012:
- The maximum civil penalty is increased from $55,000 to $75,000 for knowingly violating Federal hazardous material transportation law
- The maximum civil penalty for knowingly violating laws and regulations that result in death, serious illness, severe injury to any person or substantial destruction of property is increased from $110,000 to $175,000
- The $250 minimum civil penalty has been eliminated
“Hazmat safety regulations exist to keep people, property, and the environment safe, and it is our responsibility to enforce these laws,” said PHMSA administrator Cynthia Quarterman. “When someone breaks the rules, it puts us all at risk. The consequences for doing so should be substantial enough to discourage misconduct.”
MAP-21 builds on the Department’s efforts to improve safety across all modes of transportation. Adjustments to civil penalties were authorized in the Hazardous Materials Transportation Safety Improvement Act of 2012, the section of MAP-21 that provides PHMSA with resources it needs to carry out its critical safety mission.
Charlotte RCRA, DOT, and SARA Training
Hilton Head RCRA and DOT Training
Orlando RCRA and DOT Training
How to Implement OSHA’s Globally Harmonized Hazard Communication Standard (GHS)
OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, material safety data sheet (now called “safety data sheet” or SDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on SDSs.
UN to Support China to Phase out Ozone-Depleting Substances
The United Nations body that supports developing countries to phase out substances that damage the ozone layer will provide China with up to US$380 million in funding to eliminate industrial production of the ozone-depleting substances HCFCs (or hydrochlorofluorocarbons) by the year 2030, it was announced recently.
China—the world’s largest producer and consumer of HCFCs—is set to retire its current HCFC production capacity, as well as surplus production capacity that is currently not utilized, as part of the agreement with the Multilateral Fund for the Implementation of the Montreal Protocol.
The Chinese government says the total amount of HCFCs to be eliminated by 2030 will prevent the emission of over 4.3 million metric tons of HCFCs (equal to 300,000 tons in terms of its ozone depletion potential), and 8 billion tons of carbon dioxide equivalent greenhouse gas (GHG) emissions.
HCFCs are widely used in the refrigeration, foam, solvent, aerosol, and fire fighting sectors as a replacement for ozone-depleting CFCs (chlorofluorocarbons), which were successfully phased out worldwide under the Montreal Protocol in 2010.
Although having considerably lower ozone depleting potential than CFCs, many HCFCs have high global warming potentials, of up to 2000 times that of carbon dioxide.
HCFCs are among the last remaining substances controlled by the Montreal Protocol; one of the most widely ratified treaties in United Nations history.
The Protocol has enabled reductions of over 98 per cent of all global production and consumption of controlled ozone-depleting substances, thus supporting the restoration of the ozone layer, which protects life on Earth from harmful wavelengths of ultraviolet light.
China accounts for 92% of the total HCFC production in developing countries. The phase-out of HCFC production in China is thus fundamental to ensure the compliance of all developing countries with the Montreal Protocol.
Under the new arrangement, China will close and dismantle production of HCFCs for uses controlled under the Montreal Protocol. The country has agreed to ensure that any HCFC plants that will receive funding do not switch to producing HCFCs as industrial feedstock; a use not controlled by the Montreal Protocol.
Over the next four years, China will receive US $95 million to cover the first stage of its HCFC production phase-out management plan. This is designed to assist the country to meet the freeze in HCFC production by 2013 and the reduction by 10 per cent by 2015, as required by the Montreal Protocol’s HCFC phase-out schedule.
China’s progress towards phasing out HCFC production will be verified by the Multilateral Fund before further funding is awarded. Any interest earned by China on the amounts received will be offset against future funding.
The project with China is potentially the largest approved so far under the Multilateral Fund.
Since 1991, the Multilateral Fund has approved activities including industrial conversion, technical assistance, training and capacity building worth approximately US $3 billion that will result in the phase out of more than 460,000 Ozone Depletion Potential tons of ozone-depleting substances in developing countries.
The United Nation Environment Programme (UNEP) is one of four implementing agencies of the Multilateral Fund, along with the United Nations Development Programme (UNDP), the United Nations Industrial Development Organization (UNIDO) and the World Bank.
Wisconsin Utilities Agree to Reduce Emissions by More Than 50,000 Tons Annually
WPL operates the plants that are covered by the settlement, and the other defendants, Wisconsin Public Service Corporation (WPSC), Madison Gas and Electric Company, and Wisconsin Electric Power Company, are co- and former owners of the units. WPL and its co-defendants agreed to invest more than $1 billion in pollution control technology, spend a total of $8.5 million on environmental mitigation projects, and pay a civil penalty of $2.45 million to resolve alleged violations of the CAA.
“EPA is committed to protecting communities by reducing air pollution from the largest sources of emissions,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “The pollution reductions and the significant investment in local environmental projects required under this agreement will ensure that the people of Wisconsin and neighboring states have cleaner, healthier air.”
“This settlement will improve air quality in Wisconsin and downwind areas by significantly reducing releases of sulfur dioxide, nitrogen oxide and other harmful pollutants,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. “This agreement also demonstrates the Justice Department’s commitment to enforcing the New Source Review provisions of the Clean Air Act, which help ensure clean air for those communities affected by large sources of air pollution.”
Under the settlement, the defendants must install new pollution control technology on the three largest units, continuously operate the new and existing pollution controls, and comply with stringent pollutant emission rates and annual tonnage limitations. The settlement also requires WPL and WPSC to permanently retire, refuel, or repower four additional coal-fired units at the Edgewater and Nelson Dewey plants. The actions taken to comply with this settlement will result in annual reductions of sulfur dioxide (SO2), oxides of nitrogen (NOx), and particulate matter (PM) of approximately 54,000 tons from 2011 levels. This settlement covers all seven coal-fired boilers at the Columbia, Edgewater, and Nelson Dewey power plants.
The settlement also requires the defendants to spend $8.5 million on projects that will benefit the environment and human health in communities located near the facilities, including $260,500 to the US Forest Service and $260,500 to the National Park Service, to be used on projects to address the damage done from the emissions. The remaining $7.479 million will be spent on a combination projects, including up to $2.1 million on land acquisition and restoration; up to $5,000,000 on a long term major solar photovoltaic (PV) power purchase agreement or a solar PV panels installation project; and up to $2 million on renewable energy resource enhancements for existing wind farms and hydroelectric facilities.
Reducing air pollution from the largest sources of emissions, including coal-fired power plants, is one of EPA’s National Enforcement Initiatives for 2011-2013. SO2 and NOx, two key pollutants emitted from power plants, have numerous adverse effects on human health and are significant contributors to acid rain, smog, and haze. These pollutants are converted in the air to fine particles of particulate matter that can cause severe respiratory and cardiovascular impacts, and premature death. Reducing these harmful air pollutants will benefit the communities located near the facilities, particularly communities disproportionately impacted by environmental risks and vulnerable populations, including children. Because air pollution from power plants can travel significant distances downwind, this settlement will also reduce air pollution outside the immediate region.
The total combined sulfur dioxide and nitrogen oxides emission reductions secured from these settlements will exceed 2 million tons each year once all the required pollution controls have been installed and implemented.
Beef Products, Inc. to Pay $450,000 Penalty for Risk Management Violations
Beef Products, Inc., (BPI) has agreed to pay a $450,000 civil penalty to settle alleged violations of Clean Air Act regulations in Waterloo, Iowa, EPA announced recently.
As part of a consent decree lodged recently in US District Court in Cedar Rapids, Iowa, BPI has agreed to conduct third-party audits of its compliance with the Clean Air Act’s Risk Management Program requirements at the company’s South Sioux City, Nebraska, facility. BPI will then have 90 days to submit a plan to EPA that will correct identified violations within one year.
The recent settlement stems from a 2007 incident at the now-closed Waterloo, Iowa, facility that released more than 1,000 lb of anhydrous ammonia into a production area occupied by BPI workers. The anhydrous ammonia trapped two BPI employees resulting in the permanent disability of one worker and the death of the other. During the response to the release, BPI directed its employees to enter the facility while dangerous levels of airborne anhydrous ammonia remained present.
After the 2007 incident, EPA gathered information about the release and facility operations through information requests and an inspection. Based on these activities, EPA determined that BPI did have a risk management program on paper, but failed to implement the program at the Waterloo facility, contributing to the 2007 incident.
“The implementation of a risk management program is integral to the safe operation of facilities where anhydrous ammonia is used,” Regional Administrator Karl Brooks said. “The 2007 incident in Waterloo demonstrates that having a plan only on paper increases the risk of accidental exposure to both employees and first responders.”
In 2005, with a goal of preventing accidents and helping regulated entities understand their obligations in accordance with environmental laws, EPA Region 7 published an Accident Prevention and Response Manual for Anhydrous Ammonia Refrigeration System Operators.
Anhydrous ammonia is considered a poisonous gas but is commonly used in industrial refrigeration systems. Exposure to its vapors can cause temporary blindness and eye damage and irritation of the skin, mouth, throat, respiratory tract, and mucous membranes. Prolonged exposure to anhydrous ammonia vapor at high concentrations can lead to serious lung damage and death.
EPA Requires ADOT to Reduce Pollution from Stormwater Runoff
ADOT manages 18,000 travel lane miles across the state, and stormwater runoff from its roads and maintenance facilities contain pollutants such as metals, sediment, oil, grease, pesticides, and trash.
ADOT voluntarily addressed many of EPA’s concerns by enhancing its program with the addition of new positions in its Office of Environmental Services, and by mapping its storm drain outfalls and roadside water filters. Detailed mapping allows the state to predict where flows will go and how best to contain them, information critical in emergency situations such as tanker truck spills. The agreement requires ADOT to conduct additional corrective measures and establishes a series of compliance dates to resolve by March 2014 the remaining findings of an EPA audit.
“The protection of surface waters is a priority in a desert environment, and cutting stormwater pollution from roads is a key goal under the Clean Water Act,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “We are confident the progress ADOT has taken thus far, along with the actions they commit to in this agreement, will improve water quality throughout Arizona.”
The recent agreement is the result of EPA’s week-long audit in October 2010, which evaluated ADOT’s compliance with its municipal stormwater permit. The audit included inspections of 57 ADOT construction sites and maintenance facilities in four districts encompassing Phoenix, Flagstaff, Tucson and Prescott, and included document reviews, interviews and field verification inspections. The permit was issued by the state of Arizona under the Clean Water Act to protect the state’s water resources from polluted runoff.
Water pollution degrades surface waters, making them unsafe for drinking, fishing, and swimming. Specifically, stormwater runoff is a primary cause of water quality impairments.
Since 2001, EPA’s Pacific Southwest Region has conducted numerous audits of municipal stormwater programs, including state transportation agencies, to evaluate program effectiveness and assess compliance with their permits.
EPA Takes Action Against New Jersey Importer of Illegal Pesticides
EPA has issued a legal complaint against the Caribbean, Corp., of Little Ferry, New Jersey, for violating federal pesticides law. The company faces fines of up to $51,200 for importing pesticides into the United States from Mexico without first properly notifying the EPA, and for importing, selling and distributing unregistered and misbranded pesticides. Under federal law, products used to kill pests, including antibacterial cleaners and disinfectants, must be registered with the EPA and contain labels written in English with instructions on their proper use.
“Pesticides can make people sick, particularly if they are not used according to instructions,” said EPA Regional Administrator Judith A. Enck. “Companies that import pesticides into the United States without making sure these products are properly labeled put people’s health and safety at risk. It is imperative that importers and store owners remove unregistered or mislabeled pesticides from their shelves to help protect the health of their customers.”
EPA inspections of the Caribbean Corp.’s Little Ferry facility in May 2012 revealed the company was selling bottles of “Fabuloso,” a liquid cleaner, and “Clorox,” a liquid bleach, that had not been registered with the EPA. Although many Clorox products are registered with EPA, these particular bottles were not. In addition, the labels on these products were in Spanish, and not in English, as required. The labels on the bottles of Fabuloso stated it was antibacterial and the labels on the Clorox products stated it was a disinfectant, making both products subject to federal pesticide law.
Before a pesticide product is registered, the producer of the product must provide data from tests conducted according to EPA guidelines to ensure that the product will not be harmful to people’s health. The EPA examines the ingredients and the way in which the product will be used, and assesses a wide variety of potential human health and environmental effects associated with its use. Distributors and retailers are responsible for ensuring that all pesticides distributed and sold fully comply with the law.
The federal pesticides law additionally requires the filing of a “Notice of Arrival” prior to the arrival of all imported pesticides into the United States. Companies must submit detailed information on the Notice of Arrival form to allow the EPA to determine if the pesticide is approved for use in the United States or meets one of the few allowable exemptions. Products not registered with the EPA for use in the United States are denied entry and destroyed by US Customs and Border Protection, or sent back to their country of origin under Customs supervision.
New York Leads Coalition Urges Supreme Court To Reinstate Rules Cutting Interstate Air Pollution
Leading a coalition of 10 states and 5 cities, New York Attorney General Eric T. Schneiderman recently announced the filing of a court brief urging the US Supreme Court to allow the EPA to take prompt action to reduce the amount of air pollution that is currently allowed to cross state lines. The filing is in support of a request by the federal EPA and a group of public health and environmental organizations for the Court to review and reverse a lower court decision that invalidated an agency rule requiring substantial cuts in the interstate transport of pollution.
“The health of millions of New Yorkers continues to be harmed by soot, smog and other air pollution, a large portion of which blows in from states to our south and west,” Attorney General Schneiderman said. “We have no way of controlling the amount of the dirty air that flows into New York from out-of-state power plants and we need federal action to stop this pollution. Our coalition is urging the Supreme Court to review this matter and reinstate sensible and legal EPA rules that will help stem the tide of interstate pollution - and protect New Yorkers’ air and lungs.”
The federal Clean Air Act confers dual responsibility on the EPA and the states to improve and maintain air quality both in-state and in downwind states. When states’ efforts to address interstate air pollution are inadequate, the Act specifically requires EPA to address the interstate transport of air pollution.
In July 2008, the US Court of Appeals for the D.C. Circuit issued a decision supporting the position that EPA must reduce the interstate flow of air pollution that would enable downwind states, such as New York, to timely meet air quality standards under the Clean Air Act. The Court then sent the prior rule back to the Agency to comply with this mandate. In August 2011, EPA finalized the “Transport Rule,” an air pollution regulation that would reduce the amount of sulfur dioxide (SO2) and nitrogen oxides (NOx) air pollution emitted by power plants in 28 states that blows into other states. By 2014, this rule, and other state and federal actions, would reduce power plant emissions of SO2 by 73% and NOx by 54%, from 2005 levels.
SO2 and NOx are air pollutants that can travel hundreds of miles after they are emitted, with significant consequences for New Yorkers. According to the American Lung Association, in 2012, over 3.2 million residents of the state live in counties where levels of soot and smog pollution endanger health. New York City was ranked by the Association last year as 15th among the 25 US cities most polluted by smog.
By controlling cross-state movement of these pollutants, EPA’s Transport Rule would offer swift and substantial benefits. EPA projected that the Rule would yield up to roughly $17 billion in annual benefits and prevent approximately 2,000 premature deaths a year in New York alone by 2014. Nationally, EPA expected the Rule to yield $120 to $280 billion in annual benefits in 2014—exceeding the rule’s estimated $2.4 billion total annual cost of compliance by over 50 to 110-times. Many of these annual benefits relate to improved public health—including preventing 13,000 to 34,000 premature deaths, 19,000 hospital and emergency room visits and 400,000 cases of aggravated asthma in 2014.
Nonetheless, in August 2012, a panel of the same D.C. Circuit court invalidated the Transport Rule. That court also denied, on January 24, 2013, petitions from New York and other states and cities for a rehearing by the full court.
EPA and the American Lung Association and other public health and environmental organizations have petitioned the Supreme Court to review and reverse the D.C. Circuit’s decision. The filing to the Supreme Court by Schneiderman’s coalition is in support of those petitions.
In addition to New York, the states joining in the filing are Connecticut, Delaware, Illinois, Maryland, Massachusetts, North Carolina, Rhode Island, Vermont, and the District of Columbia. The joining cities are Bridgeport, Chicago, New York, Philadelphia, and the Mayor and City Council of Baltimore.
Crews in Washington Use Unique Methods to Remove and Treat Mercury Contamination
Using some unique methods, crews are removing and treating high levels of mercury contamination found in a small area of the Georgia-Pacific West cleanup site on Bellingham’s waterfront.
“You can actually see beads of liquid mercury in the dirt we’re digging up,” said Ecology Site Manager Brian Sato. “It’s nasty stuff and we’re getting rid of it.”
With a specialized, high-powered vacuum truck doing the bulk of the heavy lifting, crews are sucking up large quantities of dirt loaded with small beads of mercury.
“Most of what we’re pulling out of the ground is soil that’s laced with miniscule droplets of mercury,” Sato said.
Occasionally, larger beads of mercury can be sucked up with a custom hand-held vacuum.
“So far we’ve removed about 500 tons of contaminated soil with the excavator and vacuum truck,” Sato said. “And we’ve recovered about a quart of liquid mercury with the small vacuum.”
Crews have been digging in two small areas, each about the size of four parking spots. These spots are considered the most contaminated areas on the entire 64-acre cleanup site.
The excavation areas expanded as crews dug below the surface and located the mercury contamination.
“You never know exactly what you’ll find until you open up the ground and start digging,” said Port of Bellingham Site Manager Brian Gouran. “It’s hard to know precisely where the contamination is until we get below the surface. We’ve expanded our digging some because we’re chasing the mercury and want to make sure we get as much of it as possible.”
As the mercury-contaminated soil is pulled from the ground, it’s then transferred to an enclosed building and run through a treatment process. Crews use a special formula to mix the soil with sulfur and cement, and turn it into concrete blocks.
“Liquid mercury is a volatile and soluble compound,” said Sato. “But when we mix it with sulfur, the mercury and sulfur bind together to form mercury sulfide, which is a much more stable compound. This greatly reduces the toxicity and mobility of mercury.”
Solidifying the mercury-contaminated soil in concrete makes it much safer and easier to transport and store. Once formed, the concrete blocks will be transferred to a special hazardous waste facility. The liquid mercury that is collected will be transferred to a special hazardous waste facility, too.
“This is expensive work, especially when you consider the kind of contamination and the unique effort it takes to collect, contain, treat and dispose it,” Gouran said.
Originally, the project was expected to cost approximately $1.8 million. The Port of Bellingham is now estimating it might cost up to $3.2 million because of the increased digging and mercury treatment.
“It’s doesn’t take much extra work for the price to increase quickly,” Gouran said.
Ecology will reimburse half of the port’s cleanup costs through the state’s Remedial Action Grant program. The program helps pay to clean up publicly owned sites and is funded with revenue from a voter-approved tax on hazardous substances.
The mercury cleanup work is expected to be completed early summer. The contamination was left behind by Georgia-Pacific, a former pulp mill on the Bellingham waterfront that used mercury as part of its pulping process to create chlorine and sodium-hydroxide.
California Could Lead the Way on Drilling Waste Rules
Environmental groups are urging California legislators to adopt strict rules governing releases of methane, and greater disclosure requirements for hydraulic fracturing “fracking” operations which could set a model for other states overseeing booming extraction activities, and guide federal regulations. A recent bill also seeks to regulate “produced” waste water from oil and gas fracking operations as a hazardous waste. The state’s Division of Oil, Gas & Geothermal Resources (DOGGR) last December released comprehensive draft regulations for fracking that include notification, well integrity and a host of other provisions. Since the draft rules were unveiled, the debate has intensified over what should be included in the regulations and whether legislation should be sought to require more stringent rules, with several lawmakers recently introducing separate bills that would significantly strengthen requirements.
Adding urgency to the debate is a recent report that estimates that there are 15.4 billion barrels of extractable oil and large volumes of natural gas in the Monterrey Shale region, believed to be the largest such resource in the lower 48.
Greener Methods for Making Popular Nanoparticle
Already renowned for its beneficial effects on human health, green tea could have a new role—along with other natural plant-based substances—in a healthier, more sustainable production of the most widely used family of nanoparticles, scientists say.
Rajender Varma, Mallikarjuna Nadagouda and colleagues explain that silver nanoparticles are used in a host of products, especially for their ability to kill bacteria and ward off undesirable odors. Those products include antibacterial socks, undergarments, and other clothing. Existing processes for making silver nanoparticles require potentially hazardous substances, use a lot of energy and leave behind undesirable byproducts that require special handling. With production expected to increase, scientists are seeking greener ways to make silver nanoparticles.
The article describes how extracts from plants—such as green tea plants, sunflowers, coffee, fruit, and peppers—have emerged as possible substitutes that can replace toxic substances normally used to make the nanoparticles. In addition, extracts from bacteria and fungi, as well as natural polymers, like starches, could serve as substitutes. “These newer techniques for greener AgNP synthesis using biorenewable materials appear promising as they do not have any toxic materials deployed during the production process,” the scientists say.
Air Quality Officials to Define Best Practices for Enhanced Monitoring of Refinery Accidents
Executives of California’s major local air districts where refineries are located are working with the California Air Resources Board on a collaborative approach to assess the status of air pollution monitoring around California’s major oil refineries.
The first step in the evaluation is to assess the best practices and procedures used by local air districts and emergency response officials throughout the State. The next step will be developing joint recommendations and guidance for key areas such as air monitoring instrumentation, modeling of air releases and related air quality forecasting, emergency response communications, and training.
“Most of California’s major oil refineries are adjacent to densely populated urban areas,” said ARB Chairman Mary D. Nichols. “Bringing together agencies that can help gather, interpret, and communicate air quality information during a catastrophic event is essential to improving our ability to respond.”
The ongoing collaborative effort among South Coast, Bay Area, San Joaquin Valley, and San Luis Obispo air districts, and the ARB, could include future enhanced public access to related air quality and emissions data throughout the state. The overall effort is being coordinated by the Governor’s Office and an interagency task force to improve safety at California’s refineries. Members of the task force are also coordinating their efforts with city and country offices as well as representatives of the refineries as part of the evaluation process.
The effort was prompted by the fire at the Chevron USA refinery in Richmond last August. During such fires, shelter-in-place decisions are designed to be health-protective when air quality data cannot be obtained. Officials hope to identify methods to provide better air quality information to County Public Health Directors whose offices are responsible for issuing shelter-in-place orders.
“The Bay Area Air district is working with other air districts throughout the state sharing our lessons learned and recommendations developed as part of our after-action report” said Jack Broadbent, Executive Officer of the Bay Area Air District. “We are confident that working with other agencies we will be able to develop improved methods for sharing real-time information with first responders and the public.”
A document describing the assessment and key recommendations—essentially the roadmap for developing the improved approach to air quality monitoring at refineries—is currently in the final stages of completion. It is being jointly prepared by ARB in collaboration with the local air districts and is expected to be made available to the public in the next month.
“The South Coast Air Quality Management District imposes strict rules and permitting requirements on the eight refineries in our region,” said Barry Wallerstein, SCAQMD’s Executive Officer. “We’re pleased to contribute our expertise in collaboration with the State and other local districts to define best practices during refinery fires and accidents.”
“San Joaquin Valley refineries are very small and located in less densely populated areas. However, through this process we want to examine the adequacy of our existing measures that are extensive and look for opportunities to enhance our resources to better monitor emissions and notify the public,” said Seyed Sadredin, the San Joaquin Valley Air Pollution Control District’s Executive Director and Air Pollution Control Officer.
“We are pleased to work collaboratively with the Governor’s Office, the Air Resources Board and other emergency response agencies to enhance our capabilities to respond effectively and keep the public accurately informed in the event of an air quality emergency,” said Larry Allen, Executive Director with the San Luis Obispo County Air Pollution Control District. “While SLO County is rural in nature, and less populated than the metropolitan regions of the state, emergency preparedness and public access to information are top priorities for our local community.”
ARB also announced creation of a new publicly accessible website for refinery air monitoring information. The new website will provide in one location information on air emissions and air quality from the local air district’s current monitoring network for all the state’s major refineries, including 24/7 air quality data from a number of newly established air monitors in the vicinity of the Richmond refinery.
ADEM Funding Supports Reduction in Diesel Emissions
The Alabama Department of Environmental Management is partnering with Vulcraft Carrier Corporation in Fort Payne to utilize funding under the Diesel Emission Reduction Act (DERA) to reduce diesel emissions and improve air quality. ADEM has been awarded funds from the EPA for the State Clean Diesel Program and has chosen to apply those funds in areas that are exceeding, or are close to exceeding, the National Ambient Air Quality Standards.
Vulcraft utilizes a fleet of diesel vehicles to transport its products and the facility has agreed to install devices on some of those vehicles in order to reduce diesel emissions. After providing a 50% match for the project, Vulcraft will utilize approximately $50,500 of the DERA grant to retrofit 10 of its diesel vehicles with auxiliary power units. These auxiliary units will assist in reducing air emissions by reducing the amount of time the larger, main engines spend idling.
This project will assist in reducing the emission of particulate matter and nitrogen oxides, both of which have been identified as criteria pollutants. Vulcraft has agreed to have the project completed by August 31, 2013.
California DTSC Orders Exide Lead Battery Recycling Plant in Vernon to Suspend Operations
The order takes effect immediately.
This follows a recent report by the South Coast Air Quality Management District (SCAQMD) that shows the company’s inability to control airborne emissions at its plant.
“Protection of the community’s health and the environment are paramount,” said DTSC Director Debbie Raphael. “This order stops releases and exposures that are completely unacceptable.”
The Exide Technologies facility at 2700 South Indiana Street in Vernon, recycles lead from used automotive batteries and other sources. About 22 million automotive batteries are recycled each year at the plant.
Recent reports submitted, by the facility to DTSC show that the plants underground hazardous waste degraded pipelines are out of compliance with California’s stringent hazardous waste requirements, are releasing toxic metal-bearing water and pose a risk to the environment.
These hazardous waste violations, plus the ongoing risks brought to light by the SCAQMD report show that the facility’s current management of hazardous waste is unsafe.
“This new information provides clear evidence that this suspension is necessary,” said Brian Johnson, who heads DTSC’s Hazardous Waste Management Program. “After the latest information came to light on the conditions of the underground pipes, coupled with the SCAQMD report, DTSC is convinced that the most responsible course of action is to suspend the facility operations.”
The order requires Exide to demonstrate that it can operate without posing a significant health risk and to stop the ongoing release of hazardous waste in the pipelines before the suspension is lifted.
Mendocino County Land Owners Face Water Rights
The California State Water Resources Control Board’s Division of Water Rights (Division) has initiated draft enforcement actions with penalties totaling $33,800 against Mendocino County property owners who allegedly were unlawfully diverting water from a Mendocino County waterway. This enforcement action is the result of ongoing efforts to identify illegal reservoirs in Northern California coastal streams.
The Division is recommending an Administrative Civil Liability (ACL) penalty as well as draft Cease and Desist Orders (CDO) to compel the property owners to continue to diligently pursue the permitting process to obtain the necessary water rights or stop diverting the water. The ACL and draft CDO will become final after 20 days of being received by the property owners, unless hearings are requested.
Mendocino County property owners James D. Milovina and Lyle P. Milovina (Milovina Vineyards) were allegedly diverting water from a stream to a 22 acre-foot reservoir for irrigation and frost protection uses without a water right. Following an investigation, the Division provided notice of the alleged violations and an opportunity for Milovina Vineyards to either demonstrate that it has the necessary water rights, or propose a compliance plan and schedule for securing those water rights. In response, Milovina Vineyards filed an application to appropriate water by permit for the last of three reservoirs that did not have a pending water right application on file.
The Assistant Deputy Director for Water Rights recommends an ACL in the amount of $33,800 for the unauthorized diversion, storage, and use of water by Milovina Vineyards since 1999. In addition, a draft CDO has been issued against Milovina Vineyards directing the property owner to continue to pursue securing a permit and obtain the necessary water rights or stop diverting water.
Central Coast Water Board Issues Cleanup and Abatement Order to Ensure Safe Drinking Water
The California Central Coast Regional Water Quality Control Board (Central Coast Water Board) has issued a Cleanup and Abatement Order (Order) to ensure safe drinking water for the community of San Lucas.
The protection of groundwater used for drinking water is among the highest priorities for the Central Coast Water Board. For at least two years, residents of the community of San Lucas, and students and teachers at the San Lucas Elementary School have been using bottled water because the local drinking water well is polluted by nitrate from fertilizers.
Nitrate interferes with the oxygen carrying capacity of the blood, causing a condition known as blue baby syndrome. Excessive levels of nitrate in drinking water can cause serious illness and sometimes death in infants. Infants six months of age and younger, and pregnant and nursing women should avoid consumption of water high in nitrate.
The Order requires the landowner and farm operator of Las Colinas Ranch to provide uninterrupted interim and long-term replacement water service to the community of San Lucas. The landowner and farm operator are working together with the San Lucas County Water District and Monterey County, and have proactively agreed to assist the community by providing replacement water. In addition, they are also actively collaborating with local resource and housing agencies and officials to find a long-term solution to the local drinking water issues.
The Order is unusual in that it requires the landowner and farm operator to do what they have already agreed to do, and acknowledges their proactive efforts. “Normally in cases of this importance, where a community water supply is polluted, our Order would include much more extensive and costly requirements,” said Assistant Executive Officer Michael Thomas. “However, the land owner and farm operator have been proactive, and they are willing to work with us and the community, so we are not pursuing more extensive requirements or other enforcement actions.”
The Central Coast Water Board is committed to working with individuals, rural communities, farm labor camps, other affected parties, and farmers to ensure that drinking water quality is protected. The Water Board welcomes information from these parties that will help prioritize the protection of public health.
Quest for Better Ways to Manage Pollutants at WDE Landfill Finds Technology that Extracts Some for Use in Fuel Blend
Years ago, few people lived near the Waste Disposal Engineering (WDE) Landfill in Andover, Minnesota. But as the city grew, more and more housing was built near the landfill, now it is surrounded by homes.
Those close neighbors are the reason the landfill is of special concern to the Minnesota Pollution Control Agency (MPCA). As part of the state’s Landfill Cleanup Act of 1994, the agency’s Closed Landfill Program assumed responsibility for remediation activities and long-term care at the WDE Landfill.
The WDE Landfill was operated as a commercial dump in the 1960s. From 1971 to 1983, it was a MPCA-permitted sanitary landfill that received mixed municipal solid waste and some hazardous wastes. Hazardous wastes, such as spent oils, paints and degreasers, in 6,600 containers of various sizes were accepted at the landfill from 1972 to 1974, when the MPCA ordered closure of the landfill’s hazardous waste pit due to operational concerns. The containers are in a lined pit 240 feet long, 90 feet wide, and 20 feet deep that is separate from the area where the solid waste is buried.
Gas-extraction system draws methane, other gases from buried waste.
According to MPCA Project Manager John Moeger, the MPCA has two main challenges at the WDE Landfill. The first is keeping methane and other gases that are produced when organic materials decay from migrating off site. Methane can move through soil and cause problems if it makes its way into poorly ventilated basements or storm or sanitary sewers. Although some methane movement has been detected at the landfill, methane has not moved beyond the 200-foot compliance boundary.
In 1997, the MPCA installed an active gas-extraction system that quickly and efficiently draws methane and other gases from the buried solid waste. The gases are then burned in a controlled manner inside an enclosed flare.
Moeger said the MPCA’s other challenge at the WDE Landfill is removing the volatile organic compounds (VOCs) from the hazardous waste pit and preventing the leaching of polychlorinated biphenols (PCBs) into the groundwater beneath the pit. Some VOCs and PCBs are known carcinogens.
GAC system removes polychlorinated biphenols from groundwater.
Over the years, leakage from the containers of hazardous wastes dissolved the floor of the hazardous waste pit. Last spring, MPCA staff for the first time detected PCBs in groundwater from beneath the pit that was being discharged to the landfill’s treatment pond. The MPCA immediately quit pumping groundwater from beneath the pit because the agency’s discharge permit does not allow PCBs at any concentration.
To deal with the PCB problem, the MPCA first had a pilot granulated activated carbon (GAC) system designed and installed to determine the proper capacity for a permanent system. Last summer, the MPCA replaced the pilot system with an appropriately sized permanent GAC system that removes all PCBs from the groundwater so the groundwater can again be discharged to the landfill’s treatment pond and, ultimately, to Andover’s sanitary sewer.
Volatile organic compounds drawn from pit are used in blended fuel.
That left the problem of the VOCs in the hazardous waste pit to be dealt with. After two years of study, the MPCA selected a technology known as a C3 (cryogenic, compression, and condensing) vapor-extraction system to deal with this problem.
“We wanted a technology that would be able to recover the VOCs from the pit and convert them to something that could be productively used with minimal discharge of pollutants to the atmosphere,” Moeger said. “The beauty of this technology is that the VOCs, which have high Btu content, can be recycled or reused in a fuel-blending process.”
The C3 vapor-extraction system at the WDE Closed Landfill began operating February 1.
Moeger explained how the C3 system works: “The VOC vapors we extract from the pit are compressed and cooled to minus 40 degrees F. and then pumped through a proprietary processing system that turns them into a dense, heavy liquid. The condensed product is then transferred to a 4,000-gallon aboveground storage tank, where it is kept until it can be hauled to a licensed facility in Eau Claire, Wis. There the product is blended into a fuel that is burned in the boilers of cement kilns across the country.”
Moeger looks forward to a time when there will no longer be a hazardous waste pit at the WDE Landfill: “Our ultimate goal is to excavate the contents of the pit sometime in the future and ship the hazardous wastes to a licensed facility outside Minnesota. Using this system, we’ll be able to stabilize the pit by removing as much of the hazardous vapors as possible, which will lessen the danger to the workers who will excavate the pit.”
Moeger said the C3 system has already recovered more than 2,000 gallons of liquid product, in his opinion, a “very exciting number that shows how effective it is.”
Biofuels for Military Jets and Ships
The Energy Department recently announced nearly $18 million in four innovative pilot-scale biorefineries in California, Iowa, and Washington that will test renewable biofuels as a domestic alternative to power our cars, trucks, and planes that meet military specifications for jet fuel and shipboard diesel. These projects build on the Obama Administration’s broader efforts to advance biofuels technologies to continue to bring down costs, improve performance and identify effective, non-food feedstocks, and processing techniques.
“Advanced biofuels are an important part of President Obama’s all-of-the-above strategy to reduce America’s dependence on foreign oil, improve our energy security and protect our air and water,” said Energy Secretary Steven Chu. “The innovative biorefinery projects announced today mark an important step toward producing fuels for our American military and the civil aviation industry from renewable resources found right here in the United States.”
Domestic oil and gas production has increased each year the President has been in office. At the same time, DOE continues to take additional steps to reduce our reliance on foreign oil. As part of this effort, the Department is helping to speed the development of hydrocarbon-based biofuels that are more compatible with infrastructure and engines, including heavy vehicles and other applications. According to the Energy Department’s Billion Ton Study, advanced biofuels have the potential to displace approximately one-third of the nation’s current transportation petroleum use.
The pilot-scale biorefinery projects selected will use a variety of non-food biomass feedstocks, waste-based materials, and algae in innovative conversion processes to produce biofuels that meet military specifications for jet fuel and diesel. The projects will demonstrate technologies to cost-effectively convert biomass into advanced drop-in biofuels and assist these organizations to scale up the processes to commercial levels. Recipients are required to contribute a minimum of 50% matching funds for these projects.
Program Helps Travelers Plan Greener Trips
Developed in partnership with EPA’s ENERGY STAR program, the US Green Building Council, and the United Nations Environment Programme, qualifying hotels and B&Bs will be awarded TripAdvisor GreenLeaders status based on the green practices the property has in place.
The TripAdvisor GreenLeaders program considers a property’s holistic approach to green practices and ranks them based on four levels of participation—Bronze, Silver, Gold or Platinum—which will be shown prominently on the property’s listing on the TripAdvisor site. The more green practices a hotel has in place, the higher its TripAdvisor GreenLeaders level.
A comprehensive list of eco-friendly practices are evaluated, from linen and towel re-use, recycling and composting through to solar panels, electric car charging stations and green roofing. Accommodations that do not meet the requirements for TripAdvisor GreenLeaders, but do have the seven minimum green practices in place, will be awarded TripAdvisor GreenPartner status.
Travelers will be able to tailor their search on TripAdvisor for hotels participating in the TripAdvisor GreenLeaders program, and view a detailed list of environmentally-friendly practices that they can expect at each location. TripAdvisor’s community of travelers will also be invited to comment on a hotel’s green credentials following a stay at a participating property, and in the future their feedback will be displayed on the site.
Nick Nuttall, UNEP Spokesperson and Director of Communications, said, “ The around $1 trillion a year global tourism industry can be a key catalyst in the transformation towards a green economy in developed and developing countries alike”.
“Studies conducted by UNEP show that more than a third of travelers favor environmentally-friendly tourism. At the same time, global spending on sustainable tourism is estimated to increase at a higher rate than the industry average growth. By giving travelers better information on the availability and quality of eco-friendly accommodation the Greenleaders programme is meeting a growing demand for greener tourism and doing its bit towards a more sustainable century,” he added.
The program has launched with a group of more than 1,000 properties, comprised of independent hotels to multinational brands, including Best Western, Carlson Rezidor Hotel Group, Fairmont Hotels & Resorts, Marriott International and Select Registry, as well as numerous independent hotels. New applications for entry into the TripAdvisor GreenLeaders program will continue to be reviewed against a set of environmental criteria developed for TripAdvisor by a leading environmental consulting firm, with input from expert partners.
As recently revealed by the TripBarometer by TripAdvisor, the world’s largest accommodation and traveler survey, 79% of travelers place importance on properties implementing eco-friendly practices, and 85% of US hoteliers indicate that they currently have green practices in place.
“TripAdvisor GreenLeaders uniquely details accommodations’ green practices complemented by feedback from the millions in the TripAdvisor traveler community,” said Jenny Rushmore, director of responsible travel at TripAdvisor. “The transparency of the program makes it easy for environmentally-conscious travelers to plan and book a greener trip.”
“Through its Energy Star program, EPA is proud to partner with TripAdvisor to help launch this breakthrough initiative to help foster greener travel across the country,” said Jean Lupinacci, chief of EPA’s Energy Star program for Commercial Buildings and Industrial Plants. “Thousands of hotels across America are actively managing their energy use and related greenhouse gas emissions with help from Energy Star. Now, through the TripAdvisor GreenLeaders program, travelers will have the information they need to choose these types of sustainability-minded hotels.”
PGE Fined $125,500 for Brine and Diesel Spills
The Pennsylvania Department of Environmental Protection has fined Pennsylvania General Energy Co., LLC, of Warren, Warren County, $125,500 for two separate sets of violations in Lycoming County during 2012 and 2011.
“The agency’s Oil and Gas program assessed penalties for three separate spills in January 2012 at a Pennsylvania General Energy well pad in Cummings Township, and for excessive sediment discharges to Pine Creek and related violations in Watson Township between May and September 2011,” DEP Director of District Oil and Gas Operations John Ryder said.
During hydraulic fracturing operations at the 729-C well pad, Pennsylvania General Energy (PGE) had two brine spills from blender units and one diesel fuel spill between January 6 and January 15, 2012. The total volume of brine spilled was estimated at 8,200 gallons, while the diesel fuel spill was estimated at 89 gallons.
The well pad is located within the high-quality Pine Creek watershed, with the closest stream being an unnamed tributary to Ramsey Run. There was no evidence that any of the spills impacted the unnamed tributary.
DEP issued three notices of violation to PGE for violations of the Oil and Gas Act, Solid Waste Management Act, Clean Streams Law and state environmental regulations. In order to properly remediate the three spills, PGE excavated more than 3,300 tons of contaminated soil and submitted a corrective action final report that DEP reviewed and approved in July 2012.
The 2011 violations were related to PGE installing in Pine Creek a temporary cofferdam, made with limestone rock, to construct a water intake structure. DEP had issued the company a Water Obstruction and Encroachment permit for the project, but PGE failed to adhere to the permit requirements.
In addition, PGE failed to implement and maintain erosion and sediment control best management practices, which resulted in several excessive sediment discharges during the four-month construction period into Pine Creek, which is a high-quality, trout-stocked fishery.
DEP issued a notice of violation to PGE on May 20, 2011, citing violations of the Clean Streams Law and state environmental regulations addressing waterway encroachments and earth disturbances.
Following multiple inspections during the summer months, an inspection in late September 2011 revealed that all previous violations had been properly corrected. In November 2011, DEP issued an amendment to PGE’s existing Erosion and Sediment Control permit for a nearby water line to also include the intake structure.
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