The Pennsylvania Department of Environmental Protection (DEP) announced it has signed a Consent Order and Agreement (COA) with Microbac Laboratories, Inc., Erie Division, which requires the lab to pay a civil penalty of $220,000 for violations and take actions to correct the violations.
“Accredited, independent laboratories are the centerpiece upon which all environmental protection programs depend,” DEP Bureau of Laboratories Director Martina McGarvey said. “Ensuring that labs are of the highest quality and integrity is crucial to the decisions we make to protect public health and the environment.”
During an on-site assessment in June 2013, DEP discovered that Microbac Erie failed to meet several standards. The lab, which was accredited under DEP’s National Environmental Laboratory Accreditation Program (NELAP) to test and analyze drinking water, non-potable water, and a variety of soils, chemicals, and liquids, was found to be conducting improper sample analysis and reporting.
DEP found that the improper analysis may have led to false-negative bacteriological results for drinking water samples. DEP also found several instances of the failure to properly report positive bacteriological results in drinking water. As a result of DEP’s findings, in August 2013, Microbac Erie voluntarily relinquished its accreditations for drinking water bacteriological parameters.
DEP promptly provided notice of the violations to the laboratory’s public water system clients and requested that the water suppliers re-sample and analyze at least one drinking water sample as soon as possible to ensure public health would not be impacted. DEP is not aware of any waterborne illnesses reported during this time frame.
According to the Environmental Laboratory Accreditation Act, an environmental laboratory must be accredited by DEP in order to generate data or perform analyses to be used to comply with an environmental statute.
Microbac provides testing and analytical support for a variety of clients who seek DEP permits and authorizations. The company operates other environmental divisional laboratories—which DEP accredits—that are not subject to this COA.
EPA’s New Solvent Wipe, Shop Towel Rule Demystified
- Does the rule apply to both cloth and paper wipes and rags?
- What solvents can be on the towels, and which are prohibited?
- Does the rule also apply to towels that contain characteristic hazardous waste?
- Can P or U-listed wastes be on the towels?
- How must the towels be stored on-site?
- Do they need to be tested for anything?
- How long can they be stored?
- How must the containers be marked or labeled?
- How must they be prepared for transportation?
- Where can you ship them and what are the disposal and recycling options?
- What are the documentation requirements?
- Can the rule be applied to uniforms or spill absorbents?
- How is the new rule impacted by current state regulations?
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How to Implement OSHA’s Globally Harmonized Hazard Communication Standard
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.
EPA Faces Court Challenge over Solid Waste Loophole
RCRA makes clear that because materials like tires have been discarded they are waste, and the CAA makes clear that all facilities that burn any waste material must meet strict emission standards, must monitor their emissions, and must report those emissions to the public.
“How can you have plants burning waste and releasing toxins into the air and the rest of us being told that basically no regulation and no monitoring is necessary? Garbage is still garbage, whether it’s thrown in a landfill, discarded in a river, or burned,” said Seth Johnson, Earthjustice associate attorney. “Communities should know what toxins they’re being exposed to.”
The lack of protective control and monitoring requirements are a significant public health concern, according to the groups that filed suit.
Tires contain noxious substances, like sulfur, lead, and chlorine-containing compounds that can form dioxins when burned. Dioxins are carcinogens that can cause reproductive and developmental problems. Lead, a neurotoxin, can cause brain, blood, and nervous system disorders.
Supreme Court Clears Away Key Obstacle to Major Interstate Air Pollution Safeguard
In a victory for clean air and public health, the US Supreme Court overturned a lower court decision, in which the DC Circuit had struck down the EPA’s 2011 Cross-State Air Pollution Rule. The rule would prevent up to 34,000 premature deaths each year and provide up to $280 billion in health and environmental benefits by reducing pollution that crosses state lines.
Earthjustice attorney Howard Fox was among several attorneys representing Environmental Defense Fund in this case before the Court.
The Cross-State Air Pollution Rule requires power plants in more than two dozen states to clean up nitrogen oxide and sulfur dioxide pollution that drifts across state borders and contributes to harmful soot (particles) and smog (ozone) pollution in downwind states. According to the EPA, the rule will prevent annually 13,000 to 34,000 premature deaths, 15,000 non-fatal heart attacks, 19,000 hospital and emergency room visits, 19,000 episodes of acute bronchitis, 420,000 upper and lower respiratory symptoms, 400,000 episodes of aggravated asthma, and 1.8 million days of missed work or school.
Karl Storz Endovision, Inc. Penalized $27,464 for Violating Air Quality and Hazardous Waste Requirements
The Massachusetts Department of Environmental Protection (MassDEP) penalized Karl Storz Endovision, Inc., $27,464 in fines and unpaid compliance fees for failing to comply with environmental regulations at their manufacturing facility in Charlton, Massachusetts. The company manufactures and repairs high-resolution endoscopic instruments for medical and industrial applications.
MassDEP observed several hazardous waste and air quality violations during an inspection of the Charlton facility on January 28, 2013, and during record reviews. Violations of the air quality regulations included failing to obtain an air quality permit to emit volatile organic compounds (VOCs) and hazardous air pollutants (HAPs) to the ambient air.
The company has now taken corrective action on all violations and has applied for an air quality plan approval, as required by state regulation.
“As the business grew, so did its air emissions and hazardous waste generation, but the company did not take care to address corresponding regulatory requirements,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester. “Materials tracking and record keeping systems now in place will help the company comply with environmental regulations and result in significant savings.”
Andersen Air Force Base Signs Agreement to Improve Spill Prevention Plans
The EPA has finalized an agreement with Andersen Air Force Base (AAFB) in Guam requiring the base to update its oil spill prevention plan and address other spill prevention deficiencies at the base to better protect Guam’s water resources.
The new plan will include AAFB, the Navy Base, and the petroleum pipeline between the two facilities.
“This agreement improves the base’s ability to safeguard Guam’s drinking water and the ocean environment,” said Jared Blumenfeld, Regional Administrator for the EPA’s Pacific Southwest Region. “We will continue to work with the base to ensure that the island’s important natural resources are protected for future generations.”
The compliance agreement sets a schedule with deadlines for AAFB to:
- Submit a certified updated SPCC plan by December 5, 2014
- Complete a drainage assessment and necessary improvements to the underground injection control wells to ensure protection of groundwater
- Complete all fuel containment improvement projects
- Follow the specified reporting schedules outlined in the agreement
EPA conducted an SPCC inspection at the base in 2010 and found several areas where the base was not in compliance with the SPCC requirements. Based on that inspection, EPA issued a Finding of Violation (FOV) on April 5, 2011.
Since the FOV was issued, the base worked closely with EPA to identify and address all SPCC-related deficiencies under this agreement. This compliance agreement is one of the first with a federal facility since the new EPA SPCC regulations took effect in 2010.
Two Oil and Gas Facilities in Alaska Resolve Industrial Stormwater Violations
“Stormwater permits protect Alaskan waters from harmful pollutants,” said Jeff KenKnight, EPA NPDES Unit Manager. “Industrial facilities must properly manage industrial stormwater during construction projects and submit accurate records to ensure all facilities operate on a level playing field.”
CPD Alaska, LLC
CPD Alaska, LLC, operates a large port facility in Anchorage that provides jet fuel to the Elmendorf Air Force Base. The facility has six fuel tanks in active operation with a total capacity of 17.4 million gallons, and a tank that can hold nearly 4 million for spill containment. On-site stormwater is treated and discharged into a stormwater sewer system that drains into Cook Inlet.
An EPA inspection confirmed that a facilities upgrade project in 2012 resulted in improper stormwater discharges to Cook Inlet. A contractor excavating in an area with known gasoline and diesel groundwater contamination collected the contaminated, untreated groundwater and discharged it into the stormwater sewer system.
The violations could have been avoided with adequate precautions before initiating construction in an area with known contamination.
Cook Inlet is habitat for many marine species, including beluga whales. The Cook Inlet beluga whales are listed as an endangered species.
The facility has resolved the violations and paid a fine of $147,000.
Wrangell Oil, Inc.
The Wrangell Oil facility in Wrangell, Alaska, sells heating oil and gasoline to commercial and residential customers and provides marine fueling services from a small marina. The facility has seven aboveground storage tanks with a maximum storage capacity of 240,000 gallons. The tanks are located in a containment structure with basins to collect stormwater and spills.
An EPA inspection found violations from 2008 to 2013 including failure to sample discharges, failure to maintain monitoring records, and failure to develop a plan for best management practices.
Wrangell Oil has resolved the violations and paid a fine of $45,500. The facility was sold to a new fuel distribution operator in 2013.
EPA conducted the inspections of the two facilities while the agency had NPDES permit administration responsibilities for the Alaska oil and gas sector. The Alaska Department of Environmental Conservation administers the state NPDES program and since October 2012, has implemented the state program for the oil and gas sector in Alaska.
Three Seattle Companies to Pay Penalties Totaling $163,500 for Stormwater Violations
In addition to the companies committing to manage stormwater more diligently at their facilities in the future, they agreed to pay a combined total of $163,500 in penalties.
According to Ed Kowalski, director of EPA’s office of Compliance and Enforcement in Seattle, the recent action is part of a broader Agency campaign to protect Puget Sound.
“Stormwater runoff from industrial sites, if not properly controlled and treated, is a real problem for Puget Sound, “Kowalski said. “Storms can transport a toxic ‘stew’ of chemicals, heavy metals, contaminated sediment and nutrients directly into our waterways and Puget Sound. All are harmful to marine life and the Puget Sound ecosystem.”
EPA, in partnership with the Washington Department of Ecology, is helping ensure compliance and enforce clean water rules at permitted and unpermitted industrial stormwater sources to reduce Puget Sound pollutants.
The three facilities settling with EPA are:
- Steeler, Inc.: Located in Seattle, this company discharges industrial stormwater to the Duwamish River flowing to Puget Sound. EPA inspected the facility on September 19, 2012, to assess compliance with the Washington State NPDES Industrial Stormwater General Permit (the Permit). Penalties were $40,000.
- MacMillan-Piper, Inc.: Located in Seattle, this company discharges industrial stormwater to the Duwamish River flowing to Puget Sound. EPA inspected the facility in 2013 on January 25 and February 11, to assess compliance with the Permit. Alleged CWA violations include: failure to sample; failure to implement operational source control BMPs including keeping dumpsters under cover or closed when not in use; failure to document visual inspections, and a total suspended solids effluent limit exceedance. The monitored discharges from this facility has contained zinc, copper, and turbidity. Penalties were $37,500.
- Saint-Gobain Containers, Inc.: EPA inspected the Seattle facility on August 16, 2012, to assess compliance with the Permit. Alleged CWA violations include: failure to sample; failure to implement operational source control BMPs including keeping dumpsters under cover or closed when not in use and providing secondary containment for containers; and record keeping violations. The discharges from this facility have historically contained zinc, copper, and turbidity. Penalties were $86,000.
In reaching settlements for these alleged violations and paying their penalty, the facilities also agreed to correct each of the noted infractions, and commit to a more robust compliance program.
EPA Stops Brooklyn Company from Selling Illegal Pesticides
The EPA has reached an agreement with Atlantic Paste and Glue Co., Inc., of Brooklyn, New York, for violations of federal regulations governing pesticides. The company, which wholesales chemicals and related products, sold misbranded insect traps and imported the traps into the US without properly notifying the EPA. The company will pay a $36,774 penalty and come into compliance with federal pesticide law.
“The sale of illegal pesticides puts the health and safety of our communities at risk,” said EPA Regional Administrator Judith A. Enck. “Wholesalers have a responsibility to make sure the pesticide products they sell have the required labels, and to make sure the EPA is notified when pesticides are imported. I encourage all wholesalers to check their shelves to make sure they are not endangering their customers by selling illegal pesticides.”
Some pesticides have been linked to various forms of illnesses in people, ranging from skin and eye irritation to cancer. They may also affect the hormone or endocrine systems. In many situations, there are non-chemical methods that will effectively control pests.
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 or natural resources. 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.
During a 2012 investigation, the EPA discovered Atlantic had violated two provisions of federal pesticide law. Atlantic was selling the “Catchmaster Bug and Fly Clear Window Trap,” which Atlantic was importing from China without first properly notifying the EPA. Atlantic was also selling the “Catchmaster Giant Fly Trap,” although its packaging did not contain its manufacturer’s registration number. Under federal pesticide law, a pesticide is misbranded if its packaging does not contain the registration number for each establishment in which it was produced.
Lord Jeffrey Apartment Complex Owners Penalized $30,860 for Failure to Complete Cleanup from Oil Contamination
MassDEP penalized Herbert G. Berezin and Gerard F. Doherty, owners of the Lord Jeffery Apartments (LJA), $30,860 for violations of environmental regulations at the complex located in Belchertown, Massachusetts. LJA was cited for failure to meet regulatory deadlines for assessment and cleanup of a release of oil to soil, groundwater, and wetlands at the apartment complex and for failure to meet performance standards in a cleanup plan submitted in March 2013.
In May 2006, MassDEP was notified of an oil release to wetlands at the property. LJA took initial actions to address the situation with oil-absorbent booms and submitted the required documentation in May 2007. However, subsequent assessment was not performed in a timely manner and the planned comprehensive cleanup was not implemented as scheduled in 2010. MassDEP notified LJA of its noncompliance with required deadlines twice previously, in 2009 and 2012.
“Lord Jeffery Apartments repeatedly delayed needed assessment and cleanup work, which is unacceptable,” said Michael Gorski, director of MassDEP’s Western Regional Office in Springfield. “This agreement puts the cleanup plan back on track and memorializes deadlines for conducting the work.”
LJA will pay $10,000 of the assessed penalty; MassDEP has agreed to suspend the remaining $20,860 provided LJA remains in compliance with the order. The terms of the order include deadlines for report submittals and implementation of the comprehensive cleanup within six months.
EPA Proposes Plan that Cuts Harmful Emissions in New Mexico
EPA is proposing approval of revisions to the New Mexico Regional Haze plan that addresses nitrogen oxide emissions and improves regional visibility from the San Juan County power plant.
“We are committed to working with our state partners to improve visibility and reduce pollution,” said EPA Regional Administrator Ron Curry. “Pollution, especially air pollution, has no geographical boundaries. We are pleased to propose approval of the State of New Mexico’s plan.”
EPA, New Mexico, and Public Service Company of New Mexico (PNM) collaborated to develop an alternative to the EPA’s Federal Plan to meet haze and visibility requirements. The proposal allows EPA to withdraw the federal implementation plan while achieving reduced emissions of carbon dioxide, usage of water, and generation of wastewater.
EPA does not require facilities to shut-down units to meet emission standards, however PNM will retire two units by December 31, 2017. This coupled with controls on the remaining units will enable a 62% reduction of nitrogen oxides, which can react with other chemicals to form ozone and small particles, both harmful to public health.
The plan will improve scenic visibility under the requirements of the CAA’s Regional Haze program. This program targets some of the oldest pollution sources in the country. The San Juan Generating Station was constructed more than 30 years ago and is working to update its pollution control technology to meet current air quality goals.
When the EPA proposal is published in the Federal Register, a 30 day public comment period will begin.
EPA Issues Greenhouse Gas Permit to Texas Clean-Energy Electricity Plant
EPA has issued a final greenhouse gas (GHG) Prevention of Significant Deterioration (PSD) construction permit to FGE Power for the FGE Texas project near Westbrook, Texas. The permit allows the company to build a new natural gas fired combined-cycle electric generation plant.
“This facility will bring clean-burning electricity to the people of Texas,” said EPA Regional Administrator Ron Curry. “The FGE plant is an example of how electricity providers can meet customer demand while reducing harmful greenhouse gas emissions.”
“We look forward to putting people to work and helping to power Texas’ economic future,” said FGE Power’s CEO, Emerson G. Farrell. “EPA’s thorough review and thoughtful findings demonstrate that new technology, combined with a fresh approach to developing clean energy and sustainable infrastructure, can make a positive difference on our economy and the environment.”
The facility, in West Texas between Midland and Abilene, will generate 1,620 megawatts of gross electric power. The facility will operate almost entirely on clean-burning natural gas, with some emergency equipment that uses diesel.
In June 2010, EPA finalized national GHG regulations, which specify that beginning on January 2, 2011, projects that increase GHG emissions substantially will require an air permit.
EPA believes states are best equipped to run GHG air permitting programs. Texas is working to replace a federal implementation plan with its own state program, which will eliminate the need for businesses to seek air permits from EPA. This action will increase efficiency and allow for industry to continue to grow in Texas.
The agency has proposed an additional five permits and has 19 others in development.
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Trivia Question of the Week
May is Asthma Awareness Month. Which of the following air pollutants can trigger Asthma attacks?
a. Particulate matter
b. Ground level ozone
c. Sulfur dioxide
d. Nitrogen oxide
e. All of the above