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James A. Vaandering of Muskegon, Mich., was sentenced on Dec. 19 by the U.S. District Court for the Western District of Michigan to serve 13 months in prison, pay a $1,000 fine, pay EPA restitution of $151,000 for a Superfund cleanup, perform 300 hours of community service and serve three years of supervised release once he completes his prison term. The defendant had previously pleaded guilty to abandoning hazardous chemicals at the site of the former Sealmore Corporation electroplating facility which is located in Muskegon, Mich. Vaandering was a supervisor at the facility.
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According to the charges filed in the case, the Sealmore Corporation facility was condemned in late 2000. The facility contained a number of chemicals and liquids in vats used in electroplating, including acid solutions containing hexavalent chromium and hydrofluoric acid. Hexavalent chromium and hydrofluoric acid are chemicals that can cause serious health problems if individuals are improperly exposed to them.
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Texas Freight Operators Lead the Way in Clean Air Program
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The Texas Commission on Environmental Quality (TCEQ) announced that 19 Texas freight operations and affiliated organizations have signed on to the SmartWay Transport Partnership-the highest number of partners among Southwestern states, and second-highest in the nation.
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"I am proud of the leadership shown by the Texas-based fleets," said TCEQ Commissioner Larry R. Soward. "As SmartWay Partners, they have demonstrated a commitment to improving air quality in communities across Texas and throughout the nation."
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California ranks second with 11 commitments among Southwestern states, which consist of Arizona, California, Colorado, Nevada, New Mexico, Oklahoma, Texas, and Utah. Only Minnesota, which currently reports 20 SmartWay Partners and Affiliates, surpasses Texas nationwide.
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The SmartWay Transport Partnership is a collaborative voluntary program between the EPA and the freight industry that will increase the energy efficiency and energy security of our country while significantly reducing air pollution. Fleets participating in the SmartWay Transport Partnership commit to implementing voluntary measures over a three-year period that will help reduce fuel consumption and harmful emissions. The EPA estimates that over the last year, SmartWay Partners have saved approximately 300 million gallons of diesel through the use of innovative technologies and strategies, significantly reducing emissions of air pollutants in the process.
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In Texas, both the TCEQ and the Texas Motor Transportation Association (TMTA) have recently signed on as Affiliate Members in the SmartWay Transport Partnership, as a part of ongoing efforts to assist Texas fleet operators in improving fuel economy and reducing emissions.
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These cooperative efforts between the TCEQ, the TMTA, and the EPA helped to double the number of commitments during the last twelve months. The seventeen Texas-based fleets that have currently signed on as SmartWay Partners include: AJ Saragusa Trucking Co., Bright Transportation, Central Freight Lines, Dell Products, Douglass Distributing Carriers, Excargo Services, Frito-Lay Inc., H-E-B, JC Penney, Joseph John Belovich, Jr., MDE&E Trucking, Plains Transportation, Pressure Systems International, Stevens Transport, the Texas Department of Transportation, Texas Star Express, and Transport Industries.
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"We are pleased to partner with the TCEQ and the EPA in this important initiative," said TMTA President/CEO Bill Webb. "We continue to see higher prices for diesel at the pump, and this partnership will provide our members with strategies to combat those rising fuel costs."
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In addition to promoting the SmartWay Transport Partnership to companies in Texas, the TCEQ also administers the Texas Emissions Reduction Plan (TERP) Grant program, which aims to further reduce nitrogen oxide (NOx) emissions by funding more than $100 million per year in emissions-reducing incentives for fleets through 2008.
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The SmartWay Partnership is an EPA program out of the Office of Transportation and Air Quality.
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Merck, Motive/Shell Each Pay State over $2 Million for Ground Water Claims
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New Jersey Department of Environmental Protection (DEP) Commissioner Bradley M. Campbell announced separate agreements with Merck & Co., Inc. and Motiva Enterprises LLC/Shell Oil Company to pay the state $2.4 million and $2.2 million respectively as compensation to the public for ground water pollution at four properties owned by the pharmaceutical company and at several hundred of the energy companies' service stations and terminals in New Jersey.
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DEP also announced separate settlements for 10 other industrial sites where seven companies provided a combined $624,500 and 20 acres of land for aquifer recharge as compensation to the public for both ground and surface water pollution.
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"With more than 5,200 acres of quality aquifer recharge property and wetlands preserved since 2002 and $35 million garnered for environmental projects, New Jersey's natural resource damage program is leading the nation and creating a legacy of strengthened water resource protection," said Commissioner Campbell. "New Jersey's residents will benefit from these monetary and land settlements through cleaner water resources and more public habitat to enjoy."
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Merck agreed to provide $2.38 million, donate 10 acres of land adjacent to the Rahway River and fund a $30,000 restoration project in the Passaic River watershed for contamination found at four of the company's sites.
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Motiva and Shell resolved their liability for ground water contamination at their terminal facilities and about 400 service stations statewide where underground storage tank leaks occurred by providing $2.2 million. In addition, Shell is providing a conservation easement on 51 acres of land along the mouth of the Woodbridge River to address potential sediment and wetland contamination from its Sewaren Terminal.
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DEP used a ground water injury damage formula when negotiating both settlements voluntarily with Merck and Motiva/Shell.
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DEP's preferred voluntary settlement track has resulted in the settlement of natural resource damages at more than 1,600 hazardous sites since 2002. The total preserved wildlife habitat and aquifer recharge area through a "resource-to-resource" form of compensation developed by the state now stands at more than 5,200 acres. In the resource-to-resource compensation model, settling companies must protect an area of land with a good aquifer recharge rate that is similar to the acreage of ground water polluted. In addition, DEP and the Attorney General's Office have recovered approximately $35 million since 2002. DEP also is working with about 50 additional responsible parties representing about 100 sites that seek to voluntarily resolve their liability for natural resource damages.
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Merck's liability involves contaminated ground water at four sites statewide. Merck is incorporated in the state of New Jersey, with its principal offices at 1 Merck Drive, Whitehouse Station.
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Merck's main site covers 210 acres and is located in Rahway and Linden, Union County where the company develops and produces pharmaceutical products. The facility began operations in 1903. Various units including drum storage areas, tanks, an incinerator, wastewater pretreatment units, and landfills have been used for the management of wastes generated at the facility. The management of wastes at the facility resulted in contamination of soils, ground water, surface waters, and sediments. Cleanup is underway at this facility to remediate soil and ground water contamination.
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The Merck Range Road site is approximately 21 acres and located in Linden, Union County. Some waste material from Merck's main site was transferred to a two-acre landfill at the Range Road site. DEP approved the final cleanup of this landfill area in 2004 after Merck capped the site and completed ground water and surface water monitoring.
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Merck's site in Hawthorne, Passaic County, the former Calgon/Metasol facility, is comprised of nearly nine acres on the north bank of the Passaic River. Production of both organic and inorganic mercury compounds continued through 1969. Production of non-mercury compounds continued until cessation of operations by Calgon Corp. in 1991. Contamination stems from former mercury stills, areas of disposed battery casings, underground storage tanks, transformers, various process areas, drainage ditch, and concrete vaults. Soil remedial and ground water monitoring is underway.
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Merck's Branchburg Farm facility is a research site where fuel oil releases were discovered along rock outcrops above Stony Brook. From 1995 to 2004 Merck operated a recovery system to collect and treat fuel oil released to subsurface. Further investigation is underway to determine if any additional remedial work is required.
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The settling parties that paid the $2.22 million for natural resource injuries at the terminals and service station sites include Motiva ($1,768,065), Shell ($397,245), Pennzoil-Quaker State Company ($22,938) and Jiffy Lube International, Inc. (28,550).
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Motiva Enterprises LLC (Motiva), is a limited liability company incorporated in the state of Delaware with its principal offices at 700 Milam Street, Houston, Texas. Shell Oil Company is a corporation incorporated in the state of Delaware with its principal office address at 910 Louisiana Street, One Shell Plaza, Houston, Texas. Pennzoil-Quaker State Company is a corporation incorporated in the state of Delaware with its principal offices at 700 Milam Street, Houston, Texas. Jiffy Lube International, Inc. is a corporation incorporated in the state of Delaware with its principal offices at 700 Milam Street, Houston, Texas.
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DEP has been working with the companies to remediate discharges of various fuel contaminants to ground water at their sites throughout the state that were impacted by underground storage tank system leaks, some of which resulted in completed cleanups.
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The proposed NRD settlements with Merck and Shell/Motiva will appear in the February 6, 2006 New Jersey Register and will be subject to a 30-day public comment period.
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NRD claims are separate from the costs associated with cleaning up contamination. New Jersey's Spill Compensation and Control Act makes any entity that has discharged hazardous substances onto the land or into the waters of the state liable for both cleanup and for natural resource injuries.
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EPA Cites GE Plastics for Clean-Air Violations
EPA Region 5 has cited GE Plastics Inc. for alleged clean-air violations at the company's chemical manufacturing plant in Mt. Vernon, Ind.EPA alleges that GE Plastics failed to comply with federal leak detection and repair requirements for hazardous air pollutants at the facility. EPA discovered the alleged violations during a plant inspection Aug. 1-5.
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Refrigerator Manufacturers Join EPA Program to Cut Greenhouse Gas Emissions
EPA and the Association of Home Appliance Manufacturers (AHAM) have launched a new, voluntarily program to reduce hydrofluorocarbons (HFCs) emissions from the coolant and insulation used in making new refrigerators and freezers. Once implemented, the program will significantly reduce HFC emissions in the manufacturing of 12 million refrigerator-freezers in the United States and more than 60 million worldwide each year. HFCs are used in refrigerators and freezers in two ways - as the "working fluid" refrigerant and as a "blowing agent" for the insulation foam within the cabinet walls. HFCs have become widely used as substitutes for chlorofluorocarbons and other ozone-depleting chemicals that have been phased out. While HFCs do not harm the stratospheric ozone layer, when released to the atmosphere, they are potent greenhouse gases -- up to 1,300 times more potent than carbon dioxide.The new program recommends specific strategies for reducing emissions during all stages of production of household refrigerators and freezers including delivery, storage, and transfer of refrigerants and blowing agents, as well as factory piping, blending operations, calibration of foam blowing equipment, foam injection and refrigerant system charging, testing, and refrigerant recovery. Due to the increasing cost of refrigerants and blowing agents, there is a strong incentive for manufacturers to minimize emissions and waste. EPA is working collaboratively with many industries to quantify emissions and to promote better and more advanced technologies in key sectors, including refrigeration. This agreement is part of a series of similar, sector-specific initiatives on HFCs that EPA began with 22 companies in the fire protection industry in 2004.
EPA Cites WCJ for Clean-Air Violations
EPA Region 5 has cited WCJ Inc., also known as E & J Metal Co., for alleged clean-air violations at the company's secondary aluminum production operation in Rock Island, Ill.EPA alleges that WCJ failed to comply with federal monitoring, notification, recordkeeping, inspection and planning requirements for its sweat furnace afterburner used to destroy hazardous dioxins and furans. The alleged violations were discovered during an EPA inspection June 15.
EPA Cites Nucor Steel for Violating Requirements to Control Hydrochloric Acid Emissions
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EPA Region 5 has cited Nucor Steel for alleged clean-air violations at the company's steel mini-mill in Crawfordsville, Ind.EPA alleges that Nucor violated EPA requirements for control of hydrochloric acid emissions at one of the process lines where the acid is used to clean steel. The alleged violations were discovered during tests done Sept. 8 by a company contractor."EPA's mission is to protect public health and the environment," said Regional Administrator Thomas V. Skinner. "We will take whatever steps are needed to ensure compliance with the Clean Air Act."These are preliminary findings of violations. To resolve them, EPA may issue a compliance order, assess an administrative penalty or bring suit against the company. Nucor has 30 days from receipt of the notice to meet with EPA to discuss resolving the allegations.Hydrochloric acid is a hazardous air pollutant that is corrosive to the eyes, skin and mucous membranes. Inhalation may cause coughing, hoarseness, inflammation and ulceration of the respiratory tract and chest pain.
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Landlord to Pay Penalty and Take Steps to Reduce Risk of Lead Poisoning
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A Weston, Mass. landlord, Dr. Anthony Ping Zuo and Great Wall Properties, LLC, will pay a fine and take action to reduce the risk of lead poisoning in apartment units in Springfield, Lawrence and New Bedford. This settles EPA claims that he and his company violated lead paint disclosure laws at rental properties located in Massachusetts, Rhode Island and Connecticut.Under the settlement, Dr. Zuo and Great Wall Properties will pay a $17,800 fine, replace over 125 old windows and perform other projects to remove both interior and exterior lead hazards associated with over 20 apartments in the three Mass. communities. The window replacement and lead abatement projects will cost approximately $179,000."Lead poisoning is a serious health threat for children in New England, because so much of our housing is older and may contain lead paint," said Robert W. Varney, regional administrator for EPA's New England office. "It is critically important that renters and buyers get the information they need to protect themselves and their children from potential exposure to lead paint. This is especially important for pregnant women and families with young children."The violations were identified during the course of an investigation that EPA began in July 2003, and were included in a complaint filed in June 2005. EPA claimed that Dr. Zuo and Great Wall did not comply with federal laws that require property owners, managers and sellers to provide information about lead-based paint present in housing built before 1978. Once Dr. Zuo and Great Wall learned of the lead disclosure laws during EPA's investigation, they took steps to comply with the lead disclosure law and worked cooperatively with EPA to reach a settlement. The purpose of the Disclosure Rule is to provide residential renters and purchasers of pre-1978 housing with enough information about lead-based paint in general and known lead-based paint hazards in specific housing, so that they can make an informed decision about whether to lease or purchase the housing. Federal law requires that sellers and landlords selling or renting housing built before 1978 must:
- áááááááááááááá provide a lead hazard information pamphlet that can help renters and buyers protect themselves from lead poisoning
- áááááááááááááá include lead notification language in sales and rental forms
- áááááááááááááá disclose any known lead-based paint and lead-based paint hazards in the living unit and provide available reports to buyers or renters
- áááááááááááááá allow a lead inspection or risk assessment by home buyers
- áááááááááááááá maintain records certifying compliance with federal laws for a period of three years
Under the terms of the EPA settlement, Dr. Zuo and Great Wall agreed to replace approximately 128 old windows, complete interior de-leading work in approximately 13 dwelling units and install new siding on the exterior of 3 apartment buildings in Springfield, Lawrence and New Bedford, Mass. The buildings were all constructed before 1950. Old windows are a major culprit in residential lead poisonings because the action of opening and closing windows can abrade lead-based paint on the windows, creating lead-containing dust. Loose lead-based paint present on interior surfaces is also a major contributor to residential lead poisonings. Lead-based paint present on the exterior of houses and buildings is a source of lead contamination in soils.Childhood lead exposure is a particularly acute problem for urban children of low-income families who live in older housing. According to data published by the Massachusetts Department of Public Health Childhood Lead Poisoning Prevention Program, Springfield, Lawrence and New Bedford, Massachusetts, are all high risk communities for childhood lead poisoning. "High risk communities" are those whose rate of childhood lead poisonings exceed the overall state rate.Infants and young children are especially vulnerable to lead paint exposure which can cause intelligence quotient deficiencies, reading and learning disabilities, impaired hearing, reduced attention span, hyperactivity and behavior problems. Pregnant women are also vulnerable because lead exposure before or during pregnancy can alter fetal development and cause miscarriages. Adults with high lead levels can suffer high blood pressure, nerve disorders, memory problems and muscle and joint pain.
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EPA Reaches Agreement with Multi-Cast on Clean-Air Violations
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EPA Region 5 has reached an agreement with Multi-Cast Corp. on alleged clean-air violations at the company's secondary aluminum production plant in Wauseon, Ohio. The agreement, which includes a $10,000 penalty, resolves EPA allegations that Multi-Cast failed to test for dioxins and furans at its 12 aluminum melting furnaces and failed to notify EPA of its compliance status. In addition, EPA said the company failed to comply with labeling and reporting requirements.EPA discovered the alleged violations during a March 10, 2005, facility inspection. On June 6, EPA notified Multi-Cast of the allegations.
Union Pacific Agrees to $10,000 Settlement for Oil Spill
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The EPA recently settled with Union Pacific Railroad Company for $10,000 in fines for alleged oil discharges into Suisun Bay from its Ozol Service Track Area in Martinez, Calif. "The fine to Union Pacific is a reminder that all companies need to prevent oil spills to shorelines and ocean waters," said Keith Takata, director of the EPA Pacific Southwest Region's Superfund Division. "Companies must have plans and measures to prevent oil spills and releases to the environment."In February 2005, an EPA official responded to a report of an oil discharge from the company's service track area into Suisun Bay in the northwestern portion of San Francisco Bay. The area is used for a train service station that includes the maintenance and re-fueling of train engines. The oil discharge originated from oil-stained soil and pads surrounding the railroad track located along the shoreline. The oil entered an adjacent storm drain and drained into Suisun Bay. In June, the EPA ordered the company to submit a work plan that includes a firm schedule to study, design and implement measures to prevent oil spills. The order also required Union Pacific to investigate the extent and concentrations of oil contamination from the railroad track area that have entered or threaten to enter Suisun Bay. The work required under this order has since been completed.Oil spills and other contamination from onshore sources can pollute and harm marine life. The EPA requires companies that spill oil to immediately respond to the discharge and implement spill prevention measures to prevent a future discharge of oil into the ocean.
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Tube Methods Inc. Fined $118,928 for Air Permit Violations
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The Pennsylvania Department of Environmental Protection has assessed a $118,928 civil penalty against Tube Methods Inc. for air quality permit violations at its facility in Bridgeport Borough, Montgomery County.
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"This facility operates a number of air emission sources, including a vapor degreaser that uses the solvent trichloroethylene, or TCE, a hazardous air pollutant," DEP Southeast Regional Director Joseph Feola said. "Facilities that use such solvents must do so in strict compliance of permit conditions."
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During a January 2003 inspection, DEP found permit violations that included operating the automated parts handling system faster than the maximum allowable speed --- which can create excess emissions --- as well as a failure to monitor the use of the equipment.
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Not adhering to the facility's permit conditions could result in unnecessary TCE emissions during the degreasing process.
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Although those violations were later corrected, DEP noted further monitoring and permit violations during a November 2004 site visit. At that time, inspectors noted equipment problems that allowed liquid solvent to drip onto the floor of 416 Depot St. facility.
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The company also has failed to submit facility-wide compliance certification and monitoring reports, as required under conditions of its permit.
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The air permit issued to Tube Methods in 2001 expires Oct. 31, 2006.
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Terms of the assessment call for Tube Methods to pay the $118,928 penalty within 15 days to the commonwealth's Clean Air Fund, which is used to pay for air quality improvements. The company can appeal the fine to the Environmental Hearing Board.
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$33,225 Penalty to Luhr Jensen & Sons, Inc. for Hazardous Waste Mismanagement
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The Oregon Department of Environmental Quality (DEQ) has issued a $33,225 penalty against Luhr Jensen & Sons, Inc. of Hood River for hazardous waste mismanagement and water quality violations at the company's facility in Hood River. Luhr-Jensen manufactures fishing lures, home electric smokehouses and related accessories.
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The company generates hazardous waste primarily from electroplating and painting operations. A compliance inspection conducted by DEQ and EPA representatives in June 2005 documented violations of Oregon hazardous waste regulations, including improper storage, labeling, container management, reporting and recordkeeping. Mismanagement of hazardous waste may adversely affect air, soil and water quality, thereby increasing the risk to public health.
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The company was also cited for violating conditions of the facility's stormwater discharge permit. The Portway facility is authorized to discharge stormwater to the Columbia River, subject to limitations and conditions of its permit.
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The recent violations were similar to those committed by the company at the Portway facility in 1989, 1997 and 2001 for which Luhr-Jensen has already been penalized.
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In response to the 2001 violations, DEQ and Department of Ecology (DOE) Pollution Prevention staff from the State of Washington provided technical assistance to Luhr Jensen's operations, assisting the company with its hazardous waste management operations.
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"The company's practices of allowing chrome plating wastes to accumulate beneath the plating room floor grating and in the secondary containment structures are areas of continuing noncompliance and of particular concern," said Jeff Ingalls of DEQ's Hazardous Waste Program in Bend. "Further, we are also concerned that Luhr-Jensen's failure to properly characterize its hazardous wastes increases the potential for improper treatment and disposal by offsite hazardous waste management facilities."
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Luhr-Jensen is working cooperatively with DEQ to correct the hazardous waste and water quality violations observed during the 2005 inspection.
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The company has appealed the penalty.
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Delaware DNREC Adopts New Requirements for Stationary Generator Emissions
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Department of Natural Resources and Environmental Control Secretary John A. Hughes announces the recent adoption and publication of a new regulation governing stationary generator emissions and an amendment to Delaware's regulation which details air permitting requirements for stationary sources of these emissions. The Jan. 11, 2006 effective date is 10 days after publication of the final regulations in the January Register of Regulations.
The purpose of this regulation, "Control of Stationary Generator Emissions," is to ensure that emissions of nitrogen oxides (NOx), nonmethane hydrocarbons (NMHC), particulate matter (PM), sulfur dioxide (SO2), carbon monoxide (CO), and carbon dioxide (CO2) from stationary generators in the state of Delaware do not adversely impact public health, safety, and welfare. In addition, an amendment to the current regulation on "Permits" clarifies the air permitting requirements for owners of stationary generators. The regulations taking effect will apply to various stationary generators, whose emissions may or may not already be controlled, except for the following:
- áááááááá any mobile generator
- áááááááá any residential generator for emergency use only
- áááááááá certain generators whose emissions are already well controlled
- áááááááá generators with a standby power rating of 10 kilowatts or less
The regulation also exempts existing, emergency generators installed at the member fire stations of the Delaware Volunteer Firemen's Association from its requirements, although it does restrict their use of these generators to emergencies only.
Publication of the new regulation is the culmination of an extensive process of development and public comment that began over two years ago. A workgroup met seven times and developed a draft regulation which was presented at three public workshops - one in each county - to give the public adequate opportunity to learn about the regulation and to provide feedback. Based upon the questions and comments received at the workshops, the proposed regulation was developed and presented at a public hearing in August 2005. The proposed regulation, along with comments by the public and responses by Department staff, was approved by Secretary Hughes in December 2005.
According to Secretary Hughes, "These regulations represent an important step forward in improving the ambient air quality in the state of Delaware and helping to protect public health, safety, and welfare." The new regulation and amendments will help improve Delaware's ambient air quality in various ways: The regulation establishes operating requirements, fuel sulfur content limits, and record-keeping requirements for stationary generators. The regulation will also require stationary generators which operate at times other than during emergencies, for testing, or for maintenance (i.e. distributed generators) to reduce their emissions to meet certain emission standards. Specific examples of how this regulation will help improve Delaware's ambient air quality are:
- áááááááá New emergency generators must meet the emissions standards set by the EPA for all new non-road engines
- áááááááá Diesel-fired generators must use low sulfur diesel fuel, which will achieve significant particulate matter and sulfur dioxide emission reductions, enabling the environmental benefits to begin accruing quickly
- áááááááá Distributed generators must reduce their emission rate of nitrogen oxides by about 80 percent, which will help reduce ground-level ozone.
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Green Lodging Partnership Preserves Air Quality
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The Florida Department of Environmental Protection (DEP) is partnering with EcoSMART Technologies, Inc. to help Florida's lodging industry create a healthier, safer environment and preserve indoor air quality. The partnership is the latest in DEP's Green Lodging initiative, which encourages hotels and motels to adopt cost-saving 'green' practices that conserve energy, reduce water consumption, protect air quality and reduce waste.
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"Florida's Green Lodges and technical partners lead the community as role models in the industry," said DEP Secretary Colleen M. Castille. "Their environmental commitment serves as an example and challenge to other hotels and suppliers to adopt innovative green practices, conserve resources and save money."
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Through the public-private partnership, EcoSMART will provide Florida's lodging industry with technical assistance on products and services to reduce the use of toxic chemicals and improve indoor air quality. The company will provide Florida Green Lodging Program Candidates and Certified Lodges with a discount on certain products, promote the Florida Green Lodging Certification Program to hotels and motels throughout the state and encourage its management and staff to utilize Certified Florida Green Lodges for conferences, meetings and travel.
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EcoSMART Technologies, Inc. develops and markets environmentally-safe pest management products derived from botanical oils. The technology provides natural pest control and agricultural solutions as well as safety to people, pets and the environment.
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The Florida Green Lodging Certification Program is a voluntary program that establishes environmental guidelines for hotels and motels to conserve natural resources and prevent pollution. Hotels and motels reduce costs and earn designation by investing in simple and innovative 'green' practices that conserve water, save energy, improve air quality and reduce waste. Florida is home to 12 'green' certified hotels, with 13 others enrolled and working toward designation.
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Washington Hospitals Agree to Reduce Mercury
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