The Obama Administration proposed a Fiscal Year 2015 budget of $7.89 billion for the EPA which is $309.9 million below the EPA’s enacted level for Fiscal Year 2014.
“This budget is key to a new era of partnerships for the US environmental protection enterprise, where EPA will work hand in hand—with our sister federal agencies, states, tribes, localities, agricultural and manufacturing sectors, small businesses, industry, and other stakeholders—to improve the health of families and protect the environment, one community at a time, all across the country,” said EPA Administrator Gina McCarthy. “Our request focuses our resources on the things that really matter to the people of this country. We will seek to make a visible difference—whether it is protecting our precious waters and leaving our children a legacy so they can safely drink water from their small community water systems and fish and swim in their local rivers; reducing air pollution along roadways and neighborhoods; or cleaning up communities to maximize environmental and economic benefits.”
The President’s FY 2015 request will allow the EPA to continue to transform the way it does business, ensuring the best use of human and financial resources, while continuing to achieve the agency’s mission effectively and efficiently. FY 2015 resources will focus on making progress in communities across the country on priority areas including climate change and air quality, toxics and chemical safety, and clean water.
Fiscal Year 2015 budget highlights include:
Green Infrastructure and Brownfield Redevelopment
The FY 2015 budget request includes resources to expand existing efforts to make a difference in people’s everyday lives and make a visible difference in their communities. $7.5 million and the 64 staff in FY 2015 will work to make that difference, including building on current work by providing green infrastructure technical assistance for up to 100 communities to help them employ cost-effective and sustainable approaches to water management. Research will help with the development and application of new and enhanced technologies for large-scale green infrastructure. Additionally, the agency will focus efforts to enhance our work in environmental justice communities.
In FY 2015, EPA will continue its work to prevent and reduce exposure to harmful contaminants, accelerate the pace of cleanups, and reduce environmental impacts associated with land use across the country. Additional staff in the Brownfields program will focus on maximizing clean-up and redevelopment.
Climate Change and Improving Air Quality
The President’s budget request for Climate Change and Air Quality of $1.03 billion, a $41 million increase compared to FY 2014 enacted levels, includes $199.5 million to address one of the greatest challenges of this generation and generations to come—climate change. In addition to the efforts within base resources that support the implementation of the President’s Climate Action Plan, the FY 2015 request provides an additional $10 million and 24 staff. The Climate Action Plan tasks the EPA with setting carbon dioxide (CO2) standards for power plants and applying its authorities and other tools to address hydrofluorocarbons (HFCs) and methane, all of which contribute to climate change. FY 2015 resources will support the development of achievable greenhouse gas (GHG) standards, regulations, or guidelines, as appropriate, for modified, reconstructed, and existing power plants. The President’s budget also provides additional support for the states to help them implement the Clean Air Act, as it relates with regard to cutting GHS emissions. Resources also will support developing and implementing the President’s interagency methane strategy to mitigate climate change impacts.
In FY 2015, Heavy Duty Vehicle GHG Phase 2 standards will require upgrades to the National Vehicle Fuel Emissions Laboratory (NVFEL) which is responsible for ensuring vehicles meet national MPG and emissions standards. The EPA also is implementing a range of activities in support of the President’s call to cut energy waste in homes, businesses, and factories, including Energy Star’s efforts to increase energy efficiency in multifamily housing.
$2.0 million will provide technical assistance and support tools for climate change adaptation planning. This includes technical assistance for water utilities at greatest risk from storm surges. Research and development efforts will focus on decision support tools for at-risk communities and tribes to help them build resiliency to the effects of climate change.
Toxics and Chemical Safety
EPA’s budget includes almost $673 million to support work to ensure the safety of chemicals we encounter in our daily lives.
The Executive Order on Chemical Safety issued in August 2013 seeks to expand coordination, tools, and information for State Emergency Response Commissions and Local Emergency Planning Committees. Resources will be used to fund technical support, data system enhancements, and outreach in the State and Local Prevention and Preparedness program. Our focus will be to provide hands-on technical assistance in towns and cities most at risk due to local infrastructure and presence of high risk facilities. EPA will also work to increase mobile device accessibility for first responders.
$5.0 million in resources for air toxics work will enhance the analytical capabilities needed to develop effective health regulations, to continue the progress in developing the National Air Toxics Assessment (NATA), to update methods for estimating area and mobile source emissions, and to update air dispersion modeling based on recent advances in the science.
Protecting the Nation’s Waters
The agency is directing $8 million and 10 staff to advance clean water. As we look to protect the nation’s water, new approaches are needed to make progress. A centerpiece of this strategy is a water quality framework to improve return on investment, accountability, and environmental results. These resources will help the agency continue providing technical expertise for states and tribes as they implement EPA’s guidance for hydraulic fracturing activities. Funding will be used to help states and tribes make sound permitting decisions and review complex data contained in applications for hydraulic fracturing using diesel fuels. Implementation support will ensure that authorized agencies are effectively managing and overseeing the rapidly growing energy sector while preventing endangerment of underground sources of drinking water.
Sustainable Community Water Resources
The FY 2015 budget seeks to ensure that federal dollars provided through the State Revolving Funds (SRF) act as a catalyst for efficient system-wide planning, improvements in technical, financial, and managerial capacity, and the design, construction, and on-going management of sustainable water infrastructure. The FY 2015 budget requests $1.775 billion for the Clean Water and Drinking Water SRFs, a decrease of $581 million from FY 2014. Including this request, Federal capitalization of the SRFs totals over $22 billion since FY 2009. EPA is working to expand and institutionalize the use of up-front planning that considers a full range of infrastructure alternatives, including green infrastructure.
Modernizing Business Practices
An integral component of the agency’s FY 2015 strategy is the work to support a high-performing workforce. EPA is implementing or accelerating a number of key efforts, including realigning its workspace, launching new collaboration tools, and leaning business processes to bring about change and efficiency at the EPA. The EPA is realigning $21 million and 57 staff to ensure the success of these efforts.
E-Enterprise is a major joint initiative between EPA and states to modernize our business practices and to increase accessibility, efficiency, and responsiveness. The agency is expanding efforts in the second year of the multi-year E-Enterprise business model including focusing people and resources to accelerate development of the E-Manifest system and associated rule-making work. Benefits of implementing the E-Manifest system include annual savings estimated at $75 million for over 160,000 waste handlers.
In addition, EPA is making changes to long-standing business practices such as contracts, grants management, and the regulation development process. One area of emphasis is in Freedom of Information Act (FOIA) and records management, where existing processes are not effective or efficient, and new ones are complex to implement and require resources and training.
Protecting Our Land
In FY 2014, the agency is requesting over $1.33 billion to continue to apply the most effective approaches to preserve and restore land by developing and implementing prevention programs, improving response capabilities, and maximizing the effectiveness of response and cleanup actions under RCRA, Superfund, Leaking Underground Storage Tank (LUST) and other authorities. This strategy will help ensure that communities are protected and that land is returned to beneficial use. $1.16 billion is requested for Superfund which includes a $43.4 million increase for remedial work and an increase of $9.2 million for Emergency Response and Removal.
Supporting State and Tribal Partners
The FY 2015 budget includes a total of $1,130 million in categorical grants, an increase of $76 million over FY 2014 levels. The State and Tribal Assistance Grants (STAG) account continues to be the largest percentage of the EPA’s budget request, at nearly 40% in FY 2014, and prioritizes funding for state categorical grants to assist states and tribes, the primary implementers of environmental programs. In FY 2015, $96.4 million is requested for Tribal General Assistance Program grants, representing a nearly $31 million increase over FY 2014.
Continuing EPA’s Commitment to Innovative Research Solutions:
Strong science continues to be the foundation of EPA’s work; the President has requested $537.3 million for science and research in FY 2015. EPA is focusing research on the most critical issues facing the agency, including climate change. Realignments in FY 2015 include efforts to advance chemical prioritization and predictive toxicology, helping communities make sustainable decisions regarding environmental protection and resiliency, informing regional and community-level strategies for the use of green infrastructure and other innovative alternative practices.
Environmental Education
The budget extends EPA’s commitment to environmental education as a core part of its efforts to safeguard public health and the environment in FY 2015. The primary goals of the EPA’s educational activities are to share information about how to protect the environment, and particularly how the EPA protects the water we drink and the air we breathe. Environmental education activities also aim to improve participation in advanced programs in science, technology, engineering, and mathematics fields and thereby foster the next generation of scientists and engineers to tackle current and future environmental challenges.
Energy Cost Reductions
The EPA continues to focus on reducing its physical footprint and achieving greater energy efficiency. Since 2006, the EPA has released approximately 428 thousand square feet of space at headquarters and facilities nationwide, resulting in a cumulative annual rent avoidance of over $14.6 million. These savings can partially offset the EPA’s rent and security costs. The FY 2015 request includes $12 million to the support design and engineering of a federally-owned EPA multi-use facility in Las Vegas, Nevada. The new facility will consolidate offices currently in leased locations, create a smaller energy-efficient office and lab footprint, and lower operating costs.
Reducing and Eliminating Programs
The EPA continues to examine its programs to find those that have served their purpose and accomplished their mission or are duplicative. The FY 2015 President’s Budget eliminates a number of programs totaling nearly $56 million including Beaches Protection categorical grants; State Indoor Radon Grants; and Diesel Emissions Reductions Assistance grants.
EPA Issues Final Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category
The Agency promulgated these changes pursuant to a settlement agreement to resolve litigation. This final rule withdraws the numeric discharge standards, which are currently stayed, and changes several of the non-numeric provisions of the existing rule.
EPA Sets Cleaner Fuel and Car Standards
EPA recently finalized emission standards for cars and gasoline that the Agency says will significantly reduce harmful pollution and prevent thousands of premature deaths and illnesses, while also enabling efficiency improvements in the cars and trucks we drive. These cleaner fuel and car standards a component of the administration’s national program for clean cars and trucks. According to EPA, once fully in place, the standards will help avoid up to 2,000 premature deaths per year and 50,000 cases of respiratory ailments in children.
"These standards are a win for public health, a win for our environment, and a win for our pocketbooks," said EPA Administrator Gina McCarthy. "By working with the auto industry, health groups, and other stakeholders, we're continuing to build on the Obama Administration's broader clean fuels and vehicles efforts that cut carbon pollution, clean the air we breathe, and save families money at the pump."
The final standards will quickly and effectively cut harmful soot, smog, and toxic emissions from cars and trucks. The Obama Administration’s actions to improve fuel economy and reduce GHGs from these same vehicles will also result in average fuel savings of more than $8,000 by 2025 over a vehicle’s lifetime. The fuel economy and GHG standards covering model year vehicles from 2012-2025 are projected to save American families more than $1.7 trillion in fuel costs.
Following a proven approach that addresses vehicles and fuels as an integrated system, the recent action will enable substantial pollution reductions at low cost. The standards slash emissions of a range of harmful pollutants that can cause premature death and respiratory illnesses, reducing standards for smog-forming volatile organic compounds and nitrogen oxides by 80%, establishing a 70% tighter particulate matter standard and virtually eliminating fuel vapor emissions. These standards will also reduce vehicle emissions of toxic air pollutants, such as benzene by up to 30%.
The final fuel standards will reduce gasoline sulfur levels by more than 60%—down from 30 to 10 parts per million (ppm) in 2017. Reducing sulfur in gasoline enables vehicle emission control technologies to perform more efficiently. New low-sulfur gas will provide significant and immediate health benefits because every gas-powered vehicle on the road built prior to these standards will run cleaner—cutting smog-forming NOx emissions by 260,000 tons in 2018.
The Tier 3 standards cut tailpipe pollution where people live and breathe—reducing harmful emissions along the streets and roadways that run through our neighborhoods and near our children’s schools. By 2018, EPA estimates the cleaner fuels and cars program will annually prevent between 225 and 610 premature deaths, significantly reduce ambient concentrations of ozone and reduce nitrogen oxide emissions by about 260,000 tons. That is about 10% of emissions from on-highway vehicles, with those reductions reaching 25% (330,000 tons) by 2030.
By 2030, EPA estimates that up to 2,000 premature deaths, 50,000 cases of respiratory ailments in children, 2,200 hospital admissions and asthma-related emergency room visits, and 1.4 million lost school days, work days and days when activities would be restricted due to air pollution. Total health-related benefits in 2030 will be between $6.7 and $19 billion annually. The program will also reduce exposure to pollution near roads. More than 50 million people live, work, or go to school in close proximity to high-traffic roadways, and the average American spends more than one hour traveling along roads each day.
The final standards are expected to provide up to 13 dollars in health benefits for every dollar spent to meet the standards, more than was estimated for the proposal. The sulfur standards will cost less than a penny per gallon of gasoline on average once the standards are fully in place. The vehicle standards will have an average cost of about $72 per vehicle in 2025. The standards support efforts by states to reduce harmful levels of smog and soot and aids their ability to attain and maintain science-based national ambient air quality standards to protect public health, while also providing flexibilities for small businesses, including hardship provisions and additional lead time for compliance.
EPA conducted extensive outreach with key stakeholders throughout the development of the rule, held two public hearings in Philadelphia and Chicago, and received more than 200,000 public comments. The final standards are based on input from a broad range of groups, including state and local governments, auto manufacturers, emissions control suppliers, refiners, fuel distributors and others in the petroleum industry, renewable fuels providers, health and environmental organizations, consumer groups, labor groups and private citizens.
The final standards will work together with California’s clean cars and fuels program to create a harmonized nationwide vehicle emissions program that enables automakers to sell the same vehicles in all 50 states. The standards are designed to be implemented over the same timeframe as the next phase of EPA’s national program to reduce GHG emissions from cars and light trucks beginning in model year 2017. Together, the federal and California standards will maximize reductions in GHGs, air pollutants and air toxics from cars and light trucks while providing automakers regulatory certainty, streamlining compliance, and reducing costs to consumers.
To meet the cleaner gasoline standards necessary to reduce tailpipe emissions and protect public health, the agency has built in flexibility and adequate time for refiners to comply. For those refineries that may need it, the program would provide nearly six years to meet the standards. To provide a smooth transition for refiners to produce cleaner gasoline, the program is structured in a way that allows the industry to plan any additional investments needed. In addition, the agency is giving special considerations to small refiners, while offering provisions for compliance assistance in the case of extreme hardship or unforeseen circumstances.
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?
- How is the new rule impacted by current state regulations?
San Antonio RCRA and DOT Training
Jacksonville RCRA and DOT Training
New Orleans RCRA and DOT Training
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.
Environmental Resource Center is offering live online training for you to learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented.
Health Advocates Challenge EPA’s Failure to Require Pesticide Ingredient Disclosure
Earthjustice is representing Center for Environmental Health, Beyond Pesticides, and Physicians for Social Responsibility in a case challenging the EPA for failing to complete rulemaking that would require pesticides manufacturers to disclose the inert ingredients found in their products. An inert ingredient is any ingredient that is “not active,” or not targeted to killing a pest. Frequently these chemicals are more toxic than active ingredients, which manufacturers are required to disclose.
“The EPA said that these inert ingredients should be labeled to protect consumers, but has done nothing to require such labeling. In the meantime, families and children exposed to these chemicals are suffering illnesses their doctors can’t adequately treat because they have no idea what chemicals they are dealing with,” said Wendy Park, attorney at Earthjustice. “The fact is that the EPA has identified hundreds of these ‘inert’ chemicals as hazardous or potentially hazardous. We need a safeguard in place to protect communities.”
Billions of pounds of pesticides are dispersed throughout the US and enter our food supply, homes, schools, public lands, and waterways.
As a result, pesticide labels only identify the weight percentage of inert ingredients, which often comprise 50 to 99% of a formulation, and mislead the public into thinking that these other “inert” ingredients are safe. In 1997, EPA’s own studies found that “many consumers have a misleading impression of the term ‘inert ingredient’ believing it to indicate water or other harmless ingredients.”
“Pesticides are in the water we drink, the air we breathe, and the food we eat. Pesticide companies should not be able to keep us in the dark about the identity and toxicity of these chemicals,” said Caroline Cox, Research Director of Center for Environmental Health.
In 2006, a coalition of 22 NGOs along with 15 state Attorneys General, including California, Illinois, and Massachusetts, filed petitions for a rule requiring disclosure of hazardous inert ingredients. After EPA failed to respond, the Center filed a lawsuit in 2009 to compel EPA to begin the rulemaking process.
Shortly thereafter, the EPA issued an advanced notice of proposed rulemaking, soliciting comment on two alternative proposals. One would require listing of all ingredients already identified as hazardous and the other would require listing of all ingredients. The comment period for the proposals closed in April 2010, but EPA has taken no further action since then.
“Consumers and users of pesticide products have a right to know all the ingredients that are in products they purchase so that they can make more informed choices in the marketplace,” said Jay Feldman, Executive Director of Beyond Pesticides. EPA’s 2010 proposal noted public disclosure “may lead to less exposure to… hazardous inert ingredient[s] because consumers will likely choose products informed by the label.” In turn, “pesticide producers will likely respond by producing products with less hazardous inert ingredients.”
Public comments in favor of the rule included support from doctors. “When pesticide producers refuse to identify all the ingredients in pesticides, doctors are compromised in their ability to treat patients,” said Barbara Gottlieb, Director of Environment and Health at Physicians for Social Responsibility. “Immediate access to information on inert substances in pesticides can make a critical difference in patient outcome.”
MassDEP Steps Up Waste Ban Compliance Strategy with New Inspectors, Issues 101 Enforcement Actions to Violators
The Massachusetts Department of Environmental Protection (MassDEP) has stepped up its enforcement of solid waste disposal bans, issuing 98 notices of non-compliance and three waste ban penalties over the past year for violations involving the improper disposal of significant amounts of recyclable and recoverable materials. The list of violators covers a wide spectrum of public and private institutions, including the food and retail sectors, educational and medical facilities and waste haulers in Massachusetts, New Hampshire, and Rhode Island.
"An estimated 40% of the waste disposed of in Massachusetts is recyclable materials that are banned from disposal," said MassDEP Commissioner Kenneth Kimmell. "These enforcement actions are a wake-up call, reminding waste generators and businesses of their obligations. MassDEP stands ready to help them achieve successful recycling programs. When we increase recycling, we protect the environment, create more green jobs, conserve energy and improve our economic competitiveness."
Of these 101 violations, 83 were identified from October 2013 through January 2014, when new MassDEP waste ban compliance inspectors began work. The five-fold increase in inspections is part of a comprehensive state strategy to hike waste ban compliance rates. That effort relies on a combination of third-party monitoring data, increased MassDEP inspections and enforcement, and enhanced outreach, education and assistance delivered through the RecyclingWorks in Massachusetts program. RecyclingWorks is a MassDEP-funded program that helps businesses and institutions reduce waste and increase recycling and composting.
The Commonwealth's waste bans include materials such as paper, cardboard, glass, plastic, metal containers, electronics, leaves, and wood wastes. The entire list and further descriptions can be found at Waste Bans
Waste bans have benefitted the environment and the Commonwealth by helping stimulate the market for recyclable materials, preserving the state's limited disposal capacity, conserving natural resources, and reducing harmful GHG emissions.
MassDEP encourages businesses to follow the letter of the law when it comes to recycling. Businesses typically receive a notice of non-compliance if inspectors discover that recyclable materials are improperly being sent for disposal. The violators are required to correct the problem. But if waste ban violations continue, further enforcement action, including financial penalties, may result.
In the Commonwealth's 2010-2020 Solid Waste Master Plan, increased waste ban compliance and enforcement efforts were highlighted as one of the key strategies to move recycling forward. While Massachusetts recycles 45% of the waste generated, that rate has leveled off over the past few years and millions of tons of recyclables continue to be disposed of in-state each year, demonstrating the need for improved MassDEP oversight of the waste bans and disposal practices.
Businesses that receive a notice of non-compliance are required to respond to MassDEP with their plan of action to stop the disposal of banned materials.
Montana DEQ Announces New Compliance Tool for Water Discharge Permits
Montana DEQ announced the launch of NetDMR, a free, web-based tool to make compliance easier for facilities with water quality permits. NetDMR can be used for submitting water quality monitoring information known as Discharge Monitoring Reports™ (DMRs).
Any facility that has to submit DMRs to DEQ can now file them electronically through the Environmental Information Exchange Network, a secure Internet application.
“This online tool is a win-win for DEQ and the folks we work with across the state,” said DEQ Director Tracy Stone-Manning. “It will help us deliver our services more efficiently, and it will help our partners stay in compliance with Montana’s standards for water quality.”
The NetDMR tool provides a number of benefits to facilities such as businesses, wastewater treatment plants, and utilities. Paperwork and mailing costs are reduced and data quality is automatically checked before submission. DMRs can be submitted without last minute mailing worries, and users get instant confirmation that the submission is complete.
NetDMR can also be used to revise reports if an error is discovered. Supporting documents, such as laboratory reports, can be submitted electronically as well.
Assistance is available from DEQ staff at any step, from creating a new account, to training and use.
DEQ is encouraging facilities to sign up for NetDMR.
Electronic submission is optional at this time, but because of the advantages it provides, it is expected that NetDMR will be required in the near future.
For assistance call 406-444-3080 and request to speak with a NetDMR representative.
Cooley Dickinson Hospital Fined $8,000 for Violating Hazardous Waste Regulations
The Massachusetts Department of Environmental Protection (MassDEP) has assessed an $8,000 penalty to Cooley Dickinson Hospital in Northampton to correct noncompliance with the Commonwealth's hazardous waste regulations and required improvements to the hospital's hazards identification and hazardous waste management.
MassDEP conducted an inspection at Cooley Dickinson Hospital in September 2012, during which it was identified that the hospital failed to properly determine the hazards of its pharmaceutical and medical wastes, and offered the hazardous pharmaceutical wastes to a transporter that was not licensed by MassDEP. The inspection also found hazardous waste labeling violations. The hospital cooperated with MassDEP during the investigation and initiated corrective actions to address the noncompliance issues at its facility immediately after the inspection.
As part of an agreement between MassDEP and Cooley Dickinson, the hospital has agreed to pay $6,000 of the assessed penalty and MassDEP has agreed to suspend the remaining amount provided the company remains in compliance with the terms of the agreement.
"Certain medications that are destined for disposal are considered hazardous wastes and must be managed in accordance with the Massachusetts hazardous waste regulations," said Michael Gorski, director of MassDEP's Western Regional Office in Springfield.
EPA Settlements Restore Wetlands Across Southeast
Such unauthorized discharges threaten water quality and damage habitats.
As part of the settlements, the responsible parties in Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee will spend an estimated $1.7 million on restoration and monitoring activities. Seven entities were additionally assessed a total of $130,800 in civil penalties. The settlements and associated penalties, if applicable, include:
Florida
- Florida Properties III, LLC, violations during construction of the Coconut Inlet development in Lee County (estimated cost of injunctive relief of $137,200)
- Dr. Cory Gaiser, violations during road and pond construction in Jackson County (estimated cost of injunctive relief of $17,020)
- Mr. James Johnson, violations during preparation property for commercial development in Collier County (estimated cost of injunctive relief of $28,002)
- Northwest Florida Holdings, Inc., violations during the dredging of a manmade basin and St. Andrew Bay in Bay County (estimated cost of injunctive relief of $165,038)
- Mr. Robert J. Chelico, violations during clearing and grading activities associated with construction of a residence in Escambia County (estimated cost of injunctive relief of $15,300)
- Peace River Properties Investment, LLC, violations during construction of a residential development, in Charlotte County (estimated cost of injunctive relief of $28,496)
Georgia
- Community Bank of Pickens County, violations during construction of a commercial development in Pickens County (estimated cost of injunctive relief of $162,570)
- Millrock Farms, Inc., violations during the construction of ponds, roads and other water retention features in Laurens County (estimated cost of injunctive relief of $10,138)
- Mr. Robert Lee, violations during construction of a borrow pit in Chatham County (estimated cost of injunctive relief of $13,246)
- Camden USA, Inc., and Camden Development, Inc., violations during construction of stormwater runoff structures at the Camden Paces development in Fulton County
- Ray Flow and Rick Wagner, violations during construction of access roads in Tattnall County (civil penalty of $1500)
- Mr. Milton Blankinship, violations associated with ditching activities intended to drain wetlands on his property in Jackson County (civil penalty of $10,500)
Kentucky
- Montgomery Group, LLC, violations during the construction of the Skylar Landing Commercial Development in Mercer County (estimated cost of injunctive relief of $45,440)
- Mr. Bill Brock, violations during the conversion of forested wetlands to agricultural use in Laurel County (estimated cost of injunctive relief of $31,786)
- Hardin County Developers, violations during construction of the Cowley Crossing Subdivision in Hardin County (civil penalty of $30,000)
Mississippi
- Hancock County Land, LLC, violations during site preparation for a development in Hancock County (estimated cost of injunctive relief of $881,555)
- Mr. Horace Scott Slay, Sr., violations in Jackson County (civil penalty of $18,000 and estimated cost of injunctive relief of $11,800)
- Jackson County Recreation Department, violations during site preparation for the construction of recreational and parking facilities in Jackson County (civil penalty of $27,350)
North Carolina
- Southwood Developers, Inc., and CKC, LLC, violations during construction of the Windsor Park residential development in Brunswick County (civil penalty of $11,000 and estimated cost of injunctive relief of $43,069)
- South Carolina
- Mr. Lowell Landon, violations during construction of a residential development in Beaufort County
- Mr. William S. Livingston, III, violations during mechanized land clearing in preparation for forestry activities in Horry County (estimated cost of injunctive relief of $109,338)
- Bass Waccamaw River Ranch, LLC, violations during construction of roads and food plots in Horry County (civil penalty of $37,500)
Tennessee
- Mr. Randall Stutts, violations during the construction of an earthen dam and impoundment of an unnamed tributary to the Harpeth River in Cheatham County (estimated cost of injunctive relief of $33,180)
Congress enacted the CWA in 1972 to protect the nation’s rivers, lakes, and stream, as well as some of the more fragile and vital wetland habitats. Wetlands are recognized as important features in the landscape that serve to protect and improve water quality, provide fish and wildlife habitats, store floodwaters, and maintain surface water flow during dry periods. The CWA requires anyone engaged in construction within or disposal to waters of the United States to obtain permits when altering or filling waterways. The US Army Corps of Engineers issues permits to discharge dredged and/or fill material into waters of the US.
PA Stops Illegal Import of Vehicles That Fail to Meet Pollution Standards
A Chinese powersports company and its related US distributor have agreed to recall and replace fuel tanks that will better control gasoline vapors in approximately 1,000 vehicles and take other steps to control pollution stemming from the illegal import of over 12,000 recreational vehicles and highway motorcycles. These motor vehicles were manufactured in China and imported without the required certification indicating that emissions would meet federal standards.
CFMOTO Powersports, Inc., (a successor to CFMOTO America, Inc.) based in Plymouth, Minnesota, and Zhejiang CFMOTO Power Co., Ltd., and Chunfeng Holding Group Co., Ltd., both based in China, will pay a combined civil penalty of $725,000.
“Enforcing emission standards is a critical way we protect clean air for all Americans,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “The upgrades and changes required by today’s settlement will help reduce harmful air pollution that can cause respiratory illnesses, aggravate asthma and lead to smog.
Of these, EPA found that 993 vehicles had fuel tanks that did not operate properly to control evaporative emissions, or gasoline vapors, and that approximately 1,400 vehicles were imported without proper emission control information labels.
In addition to the penalty, the companies must institute a Recall and Fuel Tank Replacement Program to replace all uncertified fuel tanks with certified ones to prevent any excess gasoline vapors. The companies must also correct the emission control information labels for those vehicles that are still within the control of the companies.
EPA discovered the alleged violations through joint inspections conducted with the US Department of Homeland Security’s Bureau of Customs and Border Protection and through a review of importation documents and other information provided by the companies.
Federal emissions standards for highway motorcycles and recreational vehicles have been in effect since 1977 and 2006, respectively. The CAA prohibits any vehicle or engine from being imported and sold in the United States unless it is covered by an EPA-issued certificate of conformity indicating that the vehicle or engine meets required emission standards
Recreational vehicle and highway motorcycles emit carbon monoxide, a gas that is poisonous at high levels in the air even to healthy people and is especially dangerous to people with heart disease. These vehicles also emit hydrocarbons and nitrogen oxides, which contribute to the formation of ground-level ozone, or smog. Exposure to even low levels of ozone can cause respiratory problems, and repeated exposure can aggravate pre-existing respiratory diseases.
CFMOTO Powersports, Inc., is a Minnesota corporation that holds certificates of conformity and that imports highway motorcycles and recreational vehicles manufactured by Zhejiang CFMoto Power Co., Ltd. and ChunFeng Holding Group Co. Ltd., both Chinese companies. CFMOTO America, Inc. is a now-dissolved Michigan corporation that was the predecessor to CFMOTO Powersports, Inc.
EPA filed an administrative complaint against CFMOTO Powersports in April 2013 and reached agreement on the settlement through an alternative dispute resolution process.
Company Agrees to Upgrade 18 Wastewater Facilities in Mississippi to Stop Illegal Discharges of Sewage
EPA, US Department of Justice, and the Mississippi Department of Environmental Quality announced a proposed settlement with Total Environmental Solutions, Inc. (TESI) and Utility Services, LLC, to address violations of the Clean Water Act (CWA), including effluent violations and unauthorized overflows of untreated raw sewage. These companies have agreed to undertake a thorough assessment of, and implement extensive improvements to, 18 wastewater treatment facilities and wastewater collection and transmission systems located in Mississippi.
The proposed consent decree resolves TESI’s liability for CWA violations at these Mississippi facilities, including numerous effluent violations, instances of failure to monitor and sanitary sewer overflows (SSOs). TESI’s failure to properly operate and maintain these wastewater treatment facilities and wastewater collection and transmission systems resulted in violations of its National Pollutant Discharge Elimination System permits issued by the State of Mississippi.
Utility Services, LLC intends to purchase these facilities from TESI and then assume the responsibilities of TESI to perform the injunctive relief required under the consent decree at an estimated cost of $1.075 million. The proposed consent decree also requires TESI to pay a civil penalty of $225,000.
The initiative focuses on reducing sewer overflows and permit limit exceedances, which can present a significant threat to human health and the environment. These reductions are accomplished by obtaining commitments from the operators of wastewater systems to implement timely, affordable solutions to these problems.
Coal Companies to Spend Estimated $200 Million on Treatment and System-Wide Upgrades to Reduce Water Pollution
Alpha Natural Resources, Inc. (Alpha), one of the nation’s largest coal companies, Alpha Appalachian Holdings (formerly Massey Energy), and 66 subsidiaries have agreed to spend an estimated $200 million to install and operate wastewater treatment systems and to implement comprehensive, system-wide upgrades to reduce discharges of pollution from coal mines in Kentucky, Pennsylvania, Tennessee, Virginia, and West Virginia, the Department of Justice and the EPA announced recently. Overall, the settlement covers approximately 79 active mines and 25 processing plants in these five states.
EPA estimates that the upgrades and advanced treatment required by the settlement will reduce discharges of total dissolved solids by over 36 million lb each year, and will cut metals and other pollutants by approximately nine million pounds per year. The companies will also pay a civil penalty of $27.5 million for thousands of permit violations, which is the largest penalty in history under Section 402 of the CWA.
“This settlement is the result of state and federal agencies working together to protect local communities from pollution by enforcing the law,” said Cynthia Giles, Assistant Administrator of EPA’s Office of Enforcement and Compliance Assurance. “By requiring reforms and a robust compliance program, we are helping to ensure coal mining in Appalachia follows environmental laws that protect public health.”
“The unprecedented size of the civil penalty in this settlement sends a strong deterrent message to others in this industry that such egregious violations of the nation's Clean Water Act will not be tolerated,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Today’s agreement is good news for communities across Appalachia, who have too often been vulnerable to polluters who disregard the law. It holds Alpha accountable and will bring increased compliance and transparency among Alpha and its many subsidiaries.”
In addition to paying the penalty, the companies must build and operate treatment systems to eliminate violations of selenium and salinity limits, and also implement comprehensive, system-wide improvements to ensure future compliance with the CWA. These improvements, which apply to all of Alpha’s operations in Appalachia, include developing and implementing an environmental management system and periodic internal and third-party environmental compliance audits.
The companies must also maintain a database to track violations and compliance efforts at each outfall, significantly improve the timeliness of responding to violations, and consult with third party experts to solve problem discharges. In the event of future violations, the companies will be required to pay stipulated penalties, which may be increased and, in some cases, doubled for continuing violations.
The government complaint alleged that, between 2006 and 2013, Alpha and its subsidiaries routinely violated limits in 336 of its state-issued CWA permits, resulting in the discharge of excess amounts of pollutants into hundreds of rivers and streams in Kentucky, Pennsylvania, Tennessee, Virginia, and West Virginia. The violations also included discharge of pollutants without a permit.
In total, EPA documented at least 6,289 violations of permit limits for pollutants that include iron, pH, total suspended solids, aluminum, manganese, selenium, and salinity. These violations occurred at 794 different discharge points, or outfalls. Monitoring records also showed that multiple pollutants were discharged in amounts of more than twice the permitted limit on many occasions. Most violations stemmed from the company’s failure to properly operate existing treatment systems, install adequate treatment systems, and implement appropriate water handling and management plans.
Under the 2008 settlement, Massey paid a $20 million penalty to the federal government for similar CWA violations, in addition to over a million dollars in stipulated penalties over the course of the next two years. Alpha purchased Massey in June 2011 and, since taking over the company, has been working cooperatively with the government in developing the terms of today’s settlement.
CWA permits allow for the discharge of certain pollutants in limited amounts to rivers, streams, and other water bodies. Permit holders are required to monitor discharges regularly and report results to the respective state agencies.
Alpha, headquartered in Bristol, Virginia, is one of the largest coal companies in the nation. Alpha operates more than 79 active coalmines and 25 coal preparation plants located throughout Kentucky, Pennsylvania, Tennessee, Virginia, West Virginia, and Wyoming. The Wyoming operations are not included in the settlement.
The States of West Virginia, Pennsylvania, and Kentucky are co-plaintiffs in the settlement. The US will receive half of the civil penalty and the other half will be divided between the co-plaintiffs based on the number of violations in each state, as follows: West Virginia ($8,937,500), Pennsylvania ($4,125,000), and Kentucky ($687,500).
The consent decree, lodged in the US District Court for the Southern District of West Virginia, is subject to a 30-day public comment period and approval by the federal court.
City of Great Falls and Malteurop North America Agree to Control Toxic Gases and Raw Sewage Overflows
The EPA announced recently that the City of Great Falls, Montana, and Malteurop North America, Inc. (Malteurop), have agreed to control wastewater discharges that generate high levels of toxic gas in the City’s sewer system. The City has also agreed to make improvements to its wastewater treatment system to reduce raw sewage overflows in the city and the Missouri River.
Under the terms of a consent decree lodged in the US District Court in Montana, Malteurop will pay a civil penalty of $525,000 for discharges from its malting plant on State Highway 87 that EPA alleges caused high levels of hydrogen sulfide to form in the City of Great Falls’ sewer system and will reimburse the City $21,396 for corrosion caused by the toxic gas.
“Our quality of life depends on clean water and the safe and effective operation of the wastewater treatment systems that serve our communities,” said Shaun McGrath, EPA’s regional administrator in Denver. “EPA is committed to protecting public health and the safety of those who operate and maintain our wastewater systems.”
EPA attempted to address these violations through administrative orders and referred the case to the US Department of Justice when the violations remained unresolved. Clean Water Act pretreatment regulations protect public health and water resources by establishing responsibilities for municipalities and industrial facilities to control wastewater discharges before they are sent to collection and treatment facilities.
Malteurop’s malting plant discharges wastewater that contains high levels of organic matter as a result of barley processing. This organic matter, combined with a lack of oxygen in the sewer, causes the formation of hydrogen sulfide, a toxic gas that poses dangers to workers and the public. The company has agreed to meet worker protection standards for hydrogen sulfide levels in the sewer system and plans to install a new service line that minimizes conditions that create the dangerous gas as a way to meet these standards.
The proposed consent decree also addresses alleged violations of the Clean Water Act associated with persistent sewage overflows in the City of Great Falls wastewater system. These include several dozen incidents of raw sewage backing up into residences and buildings and flowing in city streets, as well as discharges of raw or partially treated sewage to the Missouri River.
The City has agreed to remedy these harmful overflows and discharges by increasing capacity at its treatment plant, improving the enforcement of pretreatment requirements at facilities that cause blockages, evaluating the capacity and condition of the sewer system, and improving the operation and maintenance of collection systems.
The proposed consent decree is subject to a 30-day public comment period and final court approval.
Singapore Shipping Company, Crew Member, Plead Guilty to Illegally Discharging Oily Waste
Singapore-based ODFJELL ASIA II PTE LTD (ODFJELL) and one of its senior crew members pleaded guilty yesterday in federal court in Hartford, Connecticut, for violating the Act to Prevent Pollution from Ships (APPS), announced Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division Robert G. Dreher, United States Attorney Deirdre M. Daly and Rear Admiral Daniel B. Abel, Commander of the First Coast Guard District in Boston.
“The defendants violated environmental laws that protect our oceans, the world’s fisheries and marine life, from harmful pollution,” said Acting Assistant Attorney General Dreher. “Today's conviction ensures they will be held accountable with a stiff criminal fine, contribute to conservation efforts in coastal areas of Long Island, and submit to strict monitoring. We hope this sends a strong message to the shipping industry that committing environmental crimes at sea will not be tolerated.”
“Pollution of our waters will not be tolerated,” said US Attorney Daly. “Shipping companies are on notice that violating American environment laws will result in federal prosecution and puts at risk their business interests in this country. Crewmembers who ignore these laws may also face incarceration. Although these illegal discharges of oily waste occurred in international waters, we are gratified that a quarter of the $1.2 million monetary penalty will fund improvements and protection of the Long Island Sound, a vital economic and recreational resource that contains many unique wildlife habitats.”
“The Coast Guard is committed to working with the maritime industry, and federal, state and local law enforcement partners, to protect the US maritime environment from individuals who pollute our waters,” said Rear Admiral Abel. “When these violations occur, the Coast Guard will work with our partners to ensure that the violators are held accountable under the law.”
According to court documents and statements made in court, ODFJELL operated the M/T Bow Lind, a 577-foot, 26,327 gross ton petroleum/chemical tanker ship. On November 6, 2012, the US Coast Guard boarded the vessel in New Haven, Connecticut, to conduct an inspection. The inspection and subsequent criminal investigation revealed that three times between October 2011 and October 2012, while in international waters, the vessel discharged machinery space bilge water directly into the sea. At the direction of senior engineer Ramil Leuterio, crew members bypassed pollution prevention equipment that was in place to ensure that any discharged bilge water contain less than 15 parts per million of oil. The crew then concealed the illegal discharges by making misleading entries and omissions in the vessel’s oil record book.
According to several engine room crewmembers, Leuterio directed them to use a complex system to transfer the bilge water from the bilge holding tank to the sewage tank. From the sewage tank, the bilge water was dumped directly into the sea without passing through pollution prevention equipment. Once the bilge holding tank was emptied, Leuterio directed the lower ranking crew members to put clean fresh water and salt water into the tank. As the pollution prevention equipment automatically records the time it is being operated, Leuterio then processed the clean water through the prevention equipment, thereby creating an electronic record to account for the bilge water that had bypassed the equipment and been discharged directly overboard.
Under the terms of a binding plea agreement, if accepted by the court, ODFJELL will be placed on probation for a period of three years and pay a criminal penalty totaling $1.2 million, including $300,000 that will be directed to The National Fish and Wildlife Foundation to fund projects aimed at the preservation and restoration of the marine environment of Long Island Sound.
As a condition of probation, ODFJELL will implement an environmental management plan which will ensure that any ship operated by ODFJELL calling on a port of the United States complies with all maritime environmental requirements established under applicable international, flag state, and port state laws. The plan ensures that ODFJELL’s employees and the crew of any vessel operated by ODFJELL that calls on a United States port are properly trained in preventing maritime pollution. An independent monitor will report to the court regarding ODFJELL’s compliance with these obligations during the period of probation.
Leuterio, 42, a citizen of the Philippines, pleaded guilty yesterday to one count of violating APPS for his role in directing lower ranking crewmembers to make the illegal discharges and for failing to accurately maintain the vessel’s oil record book. He faces a maximum term of imprisonment of six years and a fine of up to $250,000.
Dlubak Glass Co. to Pay $120,000 for Cathode Ray Tube Recycling Violations
Arizona Department of Environmental Quality officials announced recently that Dlubak Glass Co., Inc. has agreed to pay $120,000 in a consent judgment approved in Maricopa County Superior Court for hazardous waste violations in the storage and recycling of cathode ray tube (CRT) glass at its Yuma facility.
During an inspection at Dlubak’s recycling company, located at 19538 S. Avenue 1 East in Yuma, ADEQ inspectors found broken CRT glass throughout the five-acre facility and stained soil in several locations. The stained soil also was observed extending about 20 feet into an orchard adjoining the Dlubak property.
Samples taken on the property found levels of lead as much as 75 times more than the maximum federal and state exceedance level of five milligrams per liter.
In addition, the broken glass was stored in open, unlabeled cardboard containers and washing activities were conducted on an outdoor concrete pad. State regulations require that all CRT storage and processing activities be conducted within a building with a roof, floor, and walls.
“Their unlawful management of hazardous waste put employees and the environment at risk,” said ADEQ Director Henry Darwin. “But they hired environmental consultants, changed their operating procedures and did the soil cleanup in reaching a resolution in the case.”
According to its Web site, Dlubak Glass is the largest American recycler of TV and CRT glass in the country. In addition to its facility in Yuma, Dlubak Glass has other plants located in Pennsylvania, Ohio, Kentucky, Texas, and Oklahoma.
Crow Wing County Landfill Penalized for Hazardous and Solid Waste Violations
Crow Wing County Landfill has paid a fine and taken corrective actions as a result of hazardous and solid waste violations at its facility east of Brainerd, Minnesota.
According to Minnesota Pollution Control Agency staff inspection reports, in November 2012, the facility accepted 15 barrels labeled as ignitable liquid hazardous waste for temporary storage. The barrels were disposed of in the municipal solid waste portion of the landfill, which is in violation of MPCA hazardous and solid waste regulations. The hazardous waste that posed a potential threat to human health has been removed from the site.
Crow Wing County Landfill has paid a $12,000 civil penalty and completed corrective actions to satisfy conditions of the enforcement action.
When calculating penalties, the MPCA takes into account how seriously the violation affected the environment, whether it is a first time or repeat violation, and how promptly the violation was reported to appropriate authorities. It also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner.
Two New England Businesses Recognized by EPA for Climate Leadership
EPA, in collaboration with the Association of Climate Change Officers, the Center for Climate and Energy Solutions, and The Climate Registry, recently recognized 15 organizations and two individuals with awards for professionals addressing global climate change through policy, innovation and business solutions.
“The commitments and reductions made by The Hartford and Hasbro show the positive difference companies c