Unconventional oil and natural gas wastewater may be generated in large quantities and contains pollutants that are potentially harmful to human health and the environment. Wastewater from these wells often contains high concentrations of salt content, also called total dissolved solids. The wastewater may also contain various chemicals, metals, and naturally occurring radioactive materials. Most wastewater treatment plants are not designed to treat the pollutants contained in unconventional oil and natural gas wastewater. Although the industry is not currently sending unconventional oil and natural gas wastewater to municipal wastewater treatment plants, the proposed rule would eliminate the potential for treatment plants to consider requests to accept this wastewater.
Learn DOT’s New Rules for Lithium Battery Shipments
- Enhance packaging and hazard communication requirements for lithium batteries transported by air
- Replace equivalent lithium content with Watt-hours for lithium ion cells and batteries
- Adopt separate shipping descriptions for lithium metal batteries and lithium ion batteries
- Revise provisions for the transport of small and medium lithium cells and batteries including cells and batteries packed with, or contained in, equipment
- Revise the exceptions for small cells and batteries in air transportation
- Revise the requirements for the transport of lithium batteries for disposal or recycling
- Harmonize the provisions for the transport of low production and prototype lithium cells and batteries with the ICAO Technical Instructions and the International Maritime Dangerous Goods Code
- Adopt new provisions for the transport of damaged, defective, and recalled lithium batteries
If you ship batteries by ground or air, you must comply with the latest DOT and IATA/ICAO regulations that specify how the batteries must be packaged, marked, labeled, and transported. The rules apply not only to batteries, but also to equipment or vehicles that contain batteries as well as batteries packed along with equipment. Virtually all types of batteries are regulated, including lithium, lead-acid, nickel cadmium, and metal hydride alkaline. According to 49 CFR 172.704, all personnel involved in the classification, packaging, marking, labeling, or shipment of batteries must receive initial and recurrent transportation training.
Philadelphia RCRA and DOT Training
Virginia Beach RCRA and DOT Training
Cary DOT/IATA, HAZWOPER 8-Hour Refresher, and IATA/IMO Training
Veolia ES Technical Solutions to Pay $360,000 in Civil Penalties for Hazardous Waste Violations
In response to a complaint in April 2009, ADEQ compliance officers inspected a sand and gravel pit in which they observed crushed lamps, intact fluorescent lamps, intact metal halide lamps, intact compact fluorescent lamps, and other lamp related debris in a portion of the sand and gravel pit that was less than 600 feet from the Salt River. The investigation revealed the lamps and broken glass had been generated by Veolia. Samples of the broken glass taken from the pit were found to be above regulatory thresholds for mercury.
Veolia staff also had failed to examine lab reports to verify if hazardous waste was being sent to the landfill.
“As a result of our agency’s investigation and holding the company accountable for its violations, Veolia has improved its operations and is now in compliance with all conditions of its permit, thus ensuring public health and the environment are protected,” ADEQ Director Henry Darwin said.
Oregon Tractor & Equipment Co. Fined $43,666 for Stormwater Violations
Benchmark levels are designed to assist DEQ and a stormwater permittee in determining whether site controls are effectively reducing pollutant concentrations from a facility’s stormwater discharge.
Over $37,000 of this penalty represents the economic benefit the company received by not implementing treatment measures. DEQ may reduce the penalty accordingly if the company implements these measures.
EPA Region 10 Completes over 25 Enforcement Actions in Fourth Quarter of 2014
Violations of environmental laws put public health and the environment at risk. EPA enforces federal environmental laws to protect communities and to keep the region’s air, land, and water healthy. These compliance and enforcement efforts also level the playing field by deterring violators who might otherwise have an unfair business advantage over environmentally compliant facilities and businesses.
Report Highlights Green Infrastructure Best Practices
Grantee profiles describe EPA-funded planning projects and discuss how green infrastructure investments advance communities' economic, environmental, and infrastructure goals.
Report Identifies Top 10 Oil & Gas Companies for Spills and Legal Violations
Only three out the 36 states with active oil and gas operations make information about companies’ spills and legal violations easily available to the public, according to a report by the Natural Resources Defense Council and FracTracker Alliance.
“People deserve to know what’s happening in their own backyards, but too often homeowners aren’t even informed if there’s a threat to their health,” said Amy Mall, report co-author and senior policy analyst at NRDC. “Our representatives have a responsibility to protect the people who elect them, not help keep a dangerous industry shrouded in secrecy. States are falling down on their responsibility to be a watchdog for the people who live there.”
The groups discovered that only Colorado, Pennsylvania, and West Virginia post accessible public data about companies’ violations. Even that information is often incomplete, misleading, and/or difficult to interpret.
The data that is available in each of these three states reveals significant violations—in number and severity. Incidents include a wide range of dangerous infractions like spills, drinking water contamination, illegal air pollution, improper construction or maintenance of waste pits, failure to conduct safety tests, improper well casing, and nonworking blowout preventers.
The report shows that too often state regulators don’t inform landowners or their neighbors when violations occur, and allow companies to continue operating even after repeat violations.
“The limited information that is actually available is eye-opening, both in terms of frequency and the sometimes shocking nature of the impacts when things go wrong,” said Matt Kelso, FracTracker’s Manager of Data and Technology. “This industry is already immense and rapidly growing. It develops in residential communities, sensitive ecological areas, and everywhere in between. Our research shows the need for increased transparency about the compliance record of the industry, especially given those vulnerable areas and populations.”
Top 10 Most Wanted
While there are thousands of oil and gas companies operating around the country, this report analyzed the available public data regarding 68 of the largest companies based on the amount of acreage they have leased nationwide. At the end of 2011, these companies held mineral rights leases covering at least 141 million acres—an area the size of California and Florida combined.
Of these companies, the following 10 had the most violations overall, in order of most to least:
- Chesapeake Energy (669)
- Cabot Oil and Gas (565)
- Talisman Energy (362))
- Range Resources (281)
- EXCO Resources (249)
- ExxonMobil (246)
- EQT Corporation (245)
- Anadarko Petroleum Corporation (235)
- Shell (223)
- Penn Virginia Corporation (186)
Federal Lands
Federally managed oil and gas resources account for more than 750 million acres nationwide, an area seven times the size of California. These resources are beneath lands that are home to America’s last wild places—including national forests and wildlife refuges—as well as drinking water sources for millions of people, from large municipal supplies like Denver’s, to private wells.
The Department of Interior reports that there were more than 2,000 safety and drilling violations issued to 335 companies on federal lands from 1998 to 2011. There is no publicly information available after that time.
The company responsible for the majority of those violations was WPX Energy, and its former parent company Williams, with 98 violations. This figure includes a 2.8 million gallon spill in 2013 in Wyoming’s Powder River Basin. It also includes a 2010 incident where 6,000 gallons of wastewater were dumped by WPX into a tributary to the Colorado River, an important source of drinking water for millions. Officials concluded that the contamination level was too low to violate drinking water standards.
The Interior Department released new regulations for federal lands last month. Unfortunately, the regulations are still woefully inadequate to protect public health and the environment against future incidents.
Improving Transparency & Protections
To better protect public health and the environment, the report indicates that states need to create and enforce policies that require their regulators to disclose essential information about violations to the public, hold violators accountable when something goes wrong, and keep repeat offenders out of communities.
According to the report, even if these improvements are made, many dangerous practices are still legal and would not qualify as a violation, due to weak laws and special exemptions for the industry from protective laws. In order to protect people across the country, Congress must close gaping loopholes in our bedrock federal environmental laws—including the Clean Air Act, Clean Water Act, Safe Drinking Water Act and toxic waste laws.
Pioneer Metal Finishing LLC Cited for Violations of Hazardous Waste Rules
The company has made corrections and agreed to pay a $45,000 civil penalty.
The company also failed to ensure hazardous waste areas were regularly inspected. The company had previous enforcement history with Hennepin County Environmental Services in 2005 and 2009 regarding hazardous waste management.
To resolve the violations, the company has hired an environmental consultant to assess the condition of the facility’s structure and systems, updated standard operating procedures and provided required annual training to employees.
The agreement, known as a Stipulation Agreement, is one of the tools the MPCA uses to achieve compliance with environmental laws. When calculating penalties, the agency takes into account how seriously the violation affected the environment, whether it was a first-time or repeat violation, and how promptly the violation was reported to appropriate authorities. The agency also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner.
Eruption of Hot Petroleum Material Leads to $68,000 Penalty for Emerald Services Inc.
After a dangerous eruption of hot petroleum material, and a second spill a few months later, Emerald Services, Inc., faces a $68,000 penalty from the Department of Ecology.
In October 2013, an eruption spilled 1,900 gallons of recycled fuel oil/asphalt flux, a highly dangerous material, and injured a worker. Following that incident, a second spill occurred at the facility’s re-refinery in January 2014, spilling 150 gallons of the same material.
During the investigations following the incidents, Ecology found that Emerald misreported the nature and severity of the first incident, and training programs were not in place for personnel. Ecology found that designated safety personnel were located a significant distance away, which may have affected worker safety during the evacuation after the 2013 incident.
“We work on spill prevention with facilities across Washington as a part of our ongoing work toward preventing and reducing toxic threats,” said K Seiler, program manager for Ecology’s Hazardous Waste and Toxics Reduction program. “Unfortunately we’ve seen a number of incidents at this site over the years. Training for waste management and spill prevention should have already been in place.”
Since 2006, Emerald has received penalties totaling more than $150,000. Two of the violations in this current penalty are related to contingency planning for emergencies, and training staff how best to respond during a spill. Another violation stems from a failure to report to Ecology when the facility resumed operations after the 2013 incident, as well as misreporting the nature and severity of the spill to Ecology’s response team.
“We are reviewing the proposed penalty and all the circumstances with regard to the incidents, our immediate response and follow-up actions,” said Dean Kattler, Emerald's Chief Operating Officer. “As a family-owned environmental services company, Emerald takes health, safety, and environmental protection and compliance very seriously. We appreciate that Ecology acknowledges the improvement in our employee training between the first and second incidents.”
The company has the right to appeal the penalty to the Washington State Pollution Control Hearings Board within 30 days.
Missouri Property Owner Fined $30,000 for Clean Water Act Violations
EPA Region 7 has reached a settlement with a Jefferson County, Missouri, property owner to resolve Clean Water Act violations involving unpermitted discharges of pollutants into an unnamed tributary of Belews Creek.
As part of the settlement, Greg Schellert has agreed to pay a penalty of $30,000 and fully restore the impacted portion of the tributary.
The work was performed without a permit issued pursuant to Section 404 of the CWA. The USACE referred the case to EPA after discovering the violations.
Unauthorized fill activity degrades watershed health, results in habitat loss, impacts stream channel configuration, decreases biological diversity, and limits the movement of fish, other aquatic organisms and organic material. Such activity can also deprive downstream landowners and the public from the use and enjoyment of public waters.
As part of the settlement agreement, Schellert has certified that he is now in compliance with the CWA.
Landowners Face Proposed Fines for Discharging Irrigated Land Waste Without a Permit
The Central Valley Regional Water Quality Control Board’s assistant executive officer has proposed fines for a pair of landowners in Madera and Merced counties for allegedly failing to get the required permits for discharging waste from their irrigated croplands.
David Allan Ross and Renae Elaine Braaksma-Ross of Madera County and Elena Andrade of Merced County are facing fines of $32,532 and $23,595 respectively for their properties located in the Eastern San Joaquin River Watershed.
State law requires water quality permits for facilities that discharge waste because pesticides and fertilizers used on cropland can run off into streams, or seep into groundwater sources. These permits ensure waste discharges do not harm the Central Valley’s rivers and groundwater aquifers.
In December 2012, the Central Valley Water Board issued waste discharge requirements that allowed farmers in the Eastern San Joaquin River Watershed to join a coalition of growers called the East San Joaquin Water Quality Coalition. The Coalition holds a water quality permit that covers all of its members, conducts monitoring, and provides reports to the Central Valley Water Board on behalf of the growers. Growers who don’t join the coalition incur much higher costs associated with conducting their own individual monitoring and reporting directly to the Central Valley Water Board. Landowners whose parcels do not have the required permit are subject to fines and may lose their opportunity to be regulated under the coalition-based permit.
“Our Board provided growers with a very cost-effective option for getting the regulatory coverage required by law by joining the coalition,” said Andrew Altevogt, assistant executive officer for the Central Valley Water Board. “The vast majority of growers have complied. For those who are trying to avoid these requirements, we have an aggressive program to identify their lands and, if necessary, issue fines to bring them into compliance. Through these fines, the Board is clearly signaling that there is a steep price to pay for ignoring these basic regulatory requirements, and there is no economic advantage to delaying compliance.”
Braaksma-Ross and Andrade will have the opportunity to address the Central Valley Water Board at its June 4-5 meeting to discuss the complaints and penalty amounts.
Handyman who Polluted Chesapeake Waterways Convicted
Maryland Attorney General Brian E. Frosh announced recently that a Wicomico County man has been convicted of installing an illegal septic system that allowed waste to flow into a tributary of the Chesapeake Bay.
Charles Elzey, who also goes by the name Billy Ennis, was found guilty in Wicomico County Circuit Court of five counts of environmental violations related to the illegal work.
The case stemmed from a complaint lodged by tenants who moved into a Delmar home in 2013. In February 2013, the tenants contacted the owners, Marie and Darnell Marius of Delaware, to tell them that sewage was backing up into sinks and the bathtub, the toilet wouldn't flush and that strong odors were permeating the house.
The Mariuses hired Elzey, 65, of Salisbury, to address the problem. Elzey installed a discharge pipe from the failing sewer system into a wooded area of the backyard and onto a neighboring property. The waste eventually drained into Wood Creek, a tributary of the Wicomico River, which flows into the Chesapeake Bay.
Darnell Marius testified during the trial that he hired Elzey, and did not obtain permits for the work. Elzey, who works for a sump pump company as a pump and hauler and was performing work on the Marius' property on the side, was not licensed to perform septic repairs. A tenant testified that she saw Elzey removing old septic lines and installing a new discharge pipe, which drained aboveground into the neighboring property. The tenants had previously told Wicomico County health officials, in connection with other charges relating to the case, that Marie Marius came to the property to monitor the work being done, as well as to provide payment for the installation.
Elzey was ordered to pay a $1,000 fine, complete 25 hours of community service and was placed on two years of supervised probation, with a six-month suspended sentence.
Ecology and Snoqualmie Settle Water Quality Penalty Appeal
Ecology and Snoqualmie agreed to reduce the amount to $22,000, and also agreed to suspend payment of another $10,000. Ecology will dismiss that amount if the city completes a set of previously planned wastewater treatment system projects by May 31, 2017. The city also must remain in compliance with its water quality permit during that time.
The original penalty stemmed from the city’s problems in preparing for and responding to a November 2013 incident, during which a brief power surge rendered some of the wastewater treatment equipment inoperable for about 24 hours.
“This settlement will close the book on that incident,” said Kevin Fitzpatrick, Ecology’s water quality program section manager for the Northwest Regional Office. “It maps out a path for Snoqualmie to make long-term improvements. We look forward to continuing our work with the city in protecting water quality.”
“Our goal is and always has been to protect water quality” said Dan Marcinko, the city’s public works director. “The agreement’s focus on a dedicated schedule for improvements advances that goal, and we welcome the opportunity to work together with Ecology to make them happen.”
As part of the settlement, Snoqualmie agreed to complete several projects to improve its wastewater treatment plant:
- Develop and implement a mitigation plan for staff to follow when key parts of the system are not working
- Upgrade the plant’s backup generator system to power the entire system, not just key components
- Upgrade the wastewater disinfection process to a newer version of the ultra-violet light technology now in use
Environmental News Links
Trivia Question of the Week
Which household appliance uses the most energy?
a) Refrigerator
b) Toaster
c) Dishwasher
d) Washing machine
