On July 31, the Senate Environment and Public Works Committee passed legislation that address toxic substances in drinking water, including perchlorate and trichloroethylene (TCE), as well as measures to limit the export and release of toxic mercury, advance environmental justice issues, address tracking of hazardous waste, clean up the Great Lakes, and improve sanitation systems for rural and native villages in Alaska.
"The bills approved by the Environment and Public Works Committee today tackle some of the most dangerous pollution threatening our families and communities," Said Senator Barbara Boxer (D-CA),chairman of the Environment and Public Works Committee.
E-Manifest for Hazardous Waste
S. 3109, Hazardous Waste Electronic Manifest Establishment Act, would authorize an electronic manifest system to track hazardous waste shipments to protect public health and the environment, while reducing paperwork and improving government and public access to data.
Protecting Communities From Perchlorate
The committee passed two bills that were introduced by Senator Boxer on the first day of the 110th Congress to protect the public from exposure to perchlorate, a toxic component of rocket fuel that contaminates drinking water systems in 35 states, including California:
- S. 24, the Perchlorate Monitoring and Right-to-Know Act requires EPA to reestablish its previous perchlorate in drinking water monitoring rule, until a drinking water standard requires monitoring. It also requires that people be told about perchlorate contamination in their drinking water.
- S. 150, Protecting Pregnant Women and Children from Perchlorate Act in January of 2007 requires the EPA to promptly create a perchlorate health advisory and then a drinking water standard, both of which must protect vulnerable persons, including pregnant women and children.
Limiting the Use of Mercury
S. 906, the Mercury Market Minimization Act, prohibits the export of elemental mercury from the United States, and prohibits federal agencies from selling elemental mercury, in order to help reduce exposure to this dangerous toxin worldwide.
Safeguarding Women and Children From Exposure to TCE
S. 1911, The TCE Reduction Act, would force EPA to update tap-water standards to protect people—including susceptible populations, such as pregnant women, infants, and children—from Trichloroethylene (TCE), a solvent that is the most common organic groundwater contaminant in the United States and which causes cancer, including childhood cancer and birth defects. The bill also requires EPA to set a "health advisory" that warns people at what level TCE is dangerous.
Advancing Environmental Justice
S. 2549, The Environmental Justice Renewal Act, requires federal agencies to implement plans to identify and then reduce or eliminate environmental justice threats, and to expand their efforts to gather information about environmental justice problems and help develop solutions to such serious issues. This will help protect those populations that are disproportionately burdened by pollution.
S. 642, The Environmental Justice Act of 2007, requires implementation of the Clinton Executive Order on environmental justice and strengthens federal efforts to address environmental justice problems. It also requires agencies to implement environmental justice recommendations from the Government Accountability Office and EPA's Inspector General.
EPA Encourages New Owners to Audit, Make “Clean Start”
E Under the interim policy, new owners may receive lower penalties than long-time owners.
“This is an opportunity for new owners to make a ‘clean start’ by correcting environmental problems that began under the previous owner’s watch,” said Granta Y. Nakayama, assistant administrator of EPA’s Office of Enforcement and Compliance Assurance. “This can lead to big gains for the public and the environment.”
EPA encourages companies with newly acquired facilities to examine compliance of their new facilities, correct environmental problems that began before acquisition, make changes to ensure they stay in compliance, and reduce pollutants going forward.
Since 1995, more than 3,500 companies at nearly 10,000 facilities have used EPA’s audit policy to disclose and resolve violations, most of which involved recordkeeping and reporting. With the incentives announced today, EPA hopes to encourage new owners to disclose violations that, once corrected, will yield significant environmental benefit and direct pollution reductions.
The new interim policy is effective immediately, and EPA will accept public comment until Oct. 30, 2008. The policy may change in light of these comments.
New Chemicals Added to California Proposition 65 List
The Office of Environmental Health Hazard Assessment (OEHHA) of the California Environmental Protection Agency has added gallium arsenide to the list of chemicals known to the state to cause cancer and hexafluoroacetone, nitrous oxide, and vinyl cyclohexene dioxide to the list of chemicals known to the state to cause reproductive toxicity for the purposes of Proposition 65. The listing of gallium arsenide, hexafluoroacetone, nitrous oxide, and vinyl cyclohexene dioxide is effective Aug. 1, 2008.
Health and Safety Code Section 25249.8(a) requires that certain substances identified by the International Agency for Research on Cancer (IARC) or the National Toxicology Program (NTP), as described in Labor Code Section 6382(b)(1) and (d), be included on the Proposition 65 list as causing cancer. Labor Code Section 6382(b)(1) references substances identified as human or animal carcinogens by IARC, and Labor Code Section 6382(d) references substances identified as carcinogens or potential carcinogens by IARC or NTP.
Health and Safety Code Section 25249.8(a) further requires that substances identified in Labor Code Section 6382(d) as causing reproductive toxicity be included on the Proposition 65 list. Labor Code Section 6382(d) captures any chemicals within the scope of the federal Hazard Communication Standard that are identified as reproductive toxicants. Chemicals fall within the scope of the Hazard Communication Standard if they are listed as hazardous in the latest edition of the American Conference of Governmental Industrial Hygienists (ACGIH) “Threshold Limit Values (TLVs).”
Pursuant to California law, IARC’s identification of gallium arsenide as carcinogenic to humans means that gallium arsenide must be included on the Proposition 65 list (Labor Code sections 6382(b)(1) and (d)). Also, ACGIH’s basing of the TLVs for hexafluoroacetone, nitrous oxide, and vinyl cyclohexene dioxide on reproductive toxicity means that these three chemicals must be included on the Proposition 65 list (Labor Code section 6382(d)).
The basis for the listing of gallium arsenide, hexafluoroacetone, nitrous oxide, and vinyl cyclohexene dioxide on the Proposition 65 list was described in OEHHA’s Request for Comments on Proposed Listing of Gallium Arsenide as Known to Cause Cancer and Hexafluoroacetone, Nitrous Oxide, and Vinyl Cyclohexene Dioxide as Known to Cause Reproductive Toxicity published in the June 15, 2007, issue of the California Regulatory Notice Register (Register 2007, No. 24-Z). In 2006, IARC issued Volume 86 in its series IARC Monographs on the Evaluation of Carcinogenic Risks to Humans. In this monograph, IARC concluded that gallium arsenide is carcinogenic to humans (Group 1). The TLVs for hexafluoroacetone (male endpoint), nitrous oxide (developmental endpoint), and vinyl cyclohexene dioxide (male and female endpoints) were assigned on the basis of ACGIH’s findings of reproductive effects.
OEHHA analyses of dose-response data to establish the no significant risk level (NSRL) for gallium arsenide or the maximum allowable dose levels (MADLs) for hexafluoroacetone, nitrous oxide, and vinyl cyclohexene dioxide under Proposition 65 have not been conducted.
EPA Seminar on Hazardous Waste Recycling Issues and Options
This free EPA session will provide participants information on hazardous waste recycling issues. Recycling determinations have always been open for wide differences in interpretations. The discussion will be geared to the federal regulations with the understanding that authorized states can be, and often are, more restrictive or have differing interpretations. Areas to be discussed include the importance of making correct solid waste determinations from the infamous 40 CFR 261 Table 1, separate solid waste exclusions, separate hazardous waste exclusions, scrap metal, and other more esoteric recycling issues. There will be time to discuss some recycling cases.
The online seminar is being held on August 12, from 11:30 a.m. to 3 p.m., Eastern time.
EPA Seeks $32,500 for Electronic Waste Export Violation
EPA has filed a $32,500 complaint against Jet Ocean Technologies of Chino, Calif., for failing to notify the EPA of a cathode ray tube export shipment, in violation of federal hazardous waste laws.
In March, the EPA was alerted by U.S. Customs and Border Protection to the presence of a shipping container of “scrap metal” that contained 441 computer monitors with cathode ray tubes, commonly known as CRTs. The container was owned by Jet Ocean Technologies and had been shipped to Hong Kong, where it was rejected by customs authorities.
“Exporters of computer monitors must submit formal notification to the EPA prior to shipping overseas,” said Jeff Scott of the Waste Division for EPA’s Pacific Southwest region. “The required notice and consent of the receiving country helps ensure that CRTs are recycled in an environmentally sound manner."
Cathode ray tubes are the video display components of televisions and computer monitors. The glass in these units typically contains enough lead to require managing it as hazardous waste under certain circumstances. About 57 million computers and televisions are sold in the United States annually, although many new models may not contain cathode ray tubes.
DOE Program Improves Energy Efficiency at Healthcare Facilities
. The nation’s 8,000 hospitals are among the most energy-intensive commercial buildings, and the EnergySmart Hospitals initiative will target 20% improved efficiency in existing hospital facilities and 30% improvement over current standards in new construction. The initiative has the potential to help hospitals identify opportunities to not only save millions in potential energy costs, but also reduce carbon dioxide emissions.
“Hospitals today find themselves at the nexus of two of our nation’s most critical realities: rising healthcare costs and rising energy costs,” Moorer said. “With major hospital construction planned before 2014, we have a unique opportunity to help U.S. hospitals improve energy efficiency, which will reduce their energy costs and free up healthcare dollars that can be reinvested in patient care.”
Last year, hospitals spent more than $5 billion on energy costs with more than 2.5 times the energy intensity and carbon dioxide emissions of commercial office buildings. Unlike many other commercial buildings, hospitals must remain fully operational 24 hours a day, 7 days a week and provide services during power outages, natural disasters, and other events that would force other facilities to close.
The EnergySmart Hospitals initiative, unveiled at the annual meeting of the American Society for Healthcare Engineering (ASHE), will provide the tools, resources, case studies, and design strategies, to support hospitals in meeting the challenge of increasing energy efficiency while delivering quality patient care, operating cost-effectively, and maintaining healthy healing and work environments. Tools and resources will include advanced energy design guides for small and large hospitals, technology assessments, and an interactive website. The initiative will also make available a series of training sessions, initially targeting hospitals in five urban metropolitan areas.
Turning Old Electronic Circuit Boards Into New Park Benches
Scientists in China have developed a new recycling method that could transform yesterday’s computer into tomorrow’s park bench. Their study, which focuses on decreasing environmental pollution through resource preservation, reuses fibers and resins of waste printed circuit boards (PCBs) that were thought worthless to produce a variety of high-strength materials.
Zhenming Xu and colleagues point out that as more electrical and electronic equipment has become obsolete, the issue of electronic-waste removal has intensified. PCBs account for about 3% by weight of all electronic waste, Xu says. Although metals from the circuit boards, such as copper and aluminum, are recycled, landfill disposal has been the primary method for treating their nonmetallic materials, which have been difficult to recycle, the paper says.
In the study, the researchers developed a process to recycle those nonmetallic materials, which they say could be used to produce diverse items like sewer grates, park benches, and fences. The recycled material could also be a substitute for wood and other materials, because it is almost as strong as reinforced concrete. “There is no doubt that the technique has potential in the industry for recycling nonmetallic materials of PCBs,” Xu says.
Oil Tanker Truck Fire Results in $7,000 Penalty
As a result, part of the highway median caught fire and burning fuel passed through a culvert, igniting the peat bog and wetland to the east. Some of that fuel also escaped the wetland into Mox-Chehalis Creek.
“Even with the amount that was consumed by the fire, this spill released a substantial amount of fuel to the ground, a sensitive wetland and local creek,” said Jim Sachet, regional spill response manager for Ecology.
The Pettit Oil truck-and-trailer combination was headed westbound on Highway 8 with approximately 10,300 gallons of diesel and gasoline onboard when the driver crashed into the median. Most of the fuel burned in the resulting fire, but Ecology estimates at least 1,500 gallons of diesel and gasoline spilled to Mox-Chehalis Creek and adjacent wetland.
Once the fire was out, contractors for Pettit Oil excavated contaminated soils, rebuilt the median, and cleaned up as much of the peat bog as possible without causing further environmental damage. The cleanup took several days to complete.
Due to concerns from state Fish and Wildlife biologists, a small amount of the petroleum-impacted peat had to be left in place. Peat bogs take a long time to form and are considered a very sensitive habitat with high importance for ecosystem health.
Sachet credited Pettit Oil with a quick and cooperative response. The company hired an environmental consultant and a cleanup contractor almost immediately so cleanup and restoration work could begin once the fire was out. The company also brought a mobile analytical lab to the site to expedite the cleanup.
“Thankfully, results from several months of monitoring indicated no long-term impact to Mox-Chehalis Creek,” said Ecology’s Sachet.
Ecology is also seeking $10,168 from Pettit Oil for expenses the agency incurred while responding to the incident. Pettit Oil previously reached a settlement with Ecology and other state agencies on natural resource damages allegedly resulting from the spill, which resulted in Pettit Oil's payment of $34,000 to fund a habitat restoration project along Mox-Chehalis Creek.
Pettit Oil has 30 days to respond to the penalty and the request for reimbursement of expenses. The company can either pay the penalty and/or the expenses, or request reconsideration by Ecology, or appeal the penalty directly to the state Pollution Control Hearings Board.
TEPPCO Fined for Submitting Late RMP
The company owns and operates a wholesale propane terminal. Its facility receives propane from an underground pipeline and stores propane for delivery to propane wholesale customers.
TEPPCO's propane has been stored in three aboveground storage tanks since the 1970s. The tanks hold a total of 970,000 pounds of propane, a regulated substance. Since 2005, the facility also has stored 17,600 pounds of ethyl mercaptan, a chemical that is added to propane during truck-filling. This chemical is used as an odorant to help detect propane leaks.
The threshold quantity per tank of both ethyl mercaptan and propane is 10,000 pounds. TEPPCO was required to submit a risk management plan (RMP) to Ohio EPA once it exceeded the threshold amount for each of these substances. The plan for storing more than the threshold amount of propane was due by June 1999. The plan for storing more than the threshold amount of ethyl mercaptan was due by September 2005.
The purpose of a RMP is two-fold: 1) to prevent the accidental release of chemicals that pose the greatest risk to the public and the environment and 2) to mitigate the consequences of an accidental release.
TEPPCO submitted its RMP for propane emissions in 2002. After several letters from Ohio EPA, TEPPCO submitted its plan for ethyl mercaptan emissions in 2007, a month before the Agency's next scheduled inspection.
TEPPCO is now in compliance. A portion of the civil penalty ($8,816) will be paid to Ohio EPA's Risk Management Plan fund. The remaining portion ($2,204) will go to Ohio EPA's Clean Diesel School Bus Fund. This fund helps retrofit school buses with pollution control equipment to reduce particulate emissions from their diesel engines.
NOAA Study: Reefs May “Unglue” in Oceans With High Carbon Dioxide
Cements that bind individual coral skeletons and larger coral reef structures are predominantly absent in waters with naturally high levels of carbon dioxide (CO2), making these reefs highly susceptible to a wearing down of their physical framework, say scientists with NOAA’s Atlantic Oceanographic and Meteorological Laboratory (AOML) in Miami, Fla., and other institutions.
Coral reefs that form in environments that are naturally high in CO2 are poorly formed and not as stable as those in lower CO2 areas.
This is the first attempt to characterize the impacts of ocean acidification on coral reef ecosystems by examining naturally occurring, high-CO2 reef environments.
Lead Author Derek Manzello, a coral reef ecologist at AOML, and his colleagues analyzed the abundance of cements within reef framework structures from the eastern tropical Pacific, which is an entire region exposed to naturally higher levels of carbon dioxide, and compared them to reefs from the Bahamas, an ecosystem exposed to comparatively lower levels of carbon dioxide.
The impact of ocean acidification seems to be a drastic reduction in the production of the cements that allow coral reefs to grow into large, structurally strong formations that can withstand high wave action.
“Reefs are constantly degraded by mechanical, biological, and chemical erosion,” said Manzello. “This study indicates that poorly cemented reefs that develop in an acidic ocean will be much less likely to withstand this persistent erosion. These results imply that coral reefs of the future may be eroded faster than they can grow.”
Ocean acidification occurs as much of the new carbon dioxide being placed into the atmosphere is dissolved into the ocean’s surface waters. This increase in the amount of carbon dioxide in ocean waters leads to a decrease in the amount of carbonate available to organisms like corals, which make calcium carbonate to build the stony structure they inhabit. Calcium carbonate is also the basis of the cement that binds one coral to another and to sand that fills spaces between them.
Coauthors of the paper are Joan Kleypas, National Center for Atmospheric Research, Boulder, Colo.; David Budd, University of Colorado, Boulder, Colo.; C. Mark Eakin, NOAA Coral Reef Watch, Silver Spring, Md.; and Peter Glynn and Chris Langdon, University of Miami, Miami, Fla.
Court Orders Apex Oil Company to Perform $150 Million Environmental Cleanup
Apex Oil Company Inc. has been ordered to remediate extensive soil and groundwater contamination from its former refinery operations in Hartford, Ill., according to the Justice Department and EPA.
In a decision issued on July 28, 2008, Chief Judge David R. Herndon of the U.S. District Court for the Southern District of Illinois ordered Apex Oil Company Inc. to clean up the contamination, at an expected cost of at least $150 million. The court’s decision is based on evidence presented during a five-week trial in January and February 2008, which was brought about by a federal lawsuit filed by the Justice Department and EPA.
The soil and groundwater beneath Hartford has been contaminated with more than one million gallons of leaded gasoline and other petroleum products from refinery and pipeline leaks and spills. For years, Hartford residents have been forced to evacuate when vapors emanating from that contamination have seeped into homes and public buildings.
The court ruled that Apex Oil was responsible for multiple leaks and spills that contributed to the contamination beneath Hartford. The evidence also showed that the pollution amounts to an "imminent and substantial endangerment" to human health and the environment under the federal waste management law, known as the Resource Conservation and Recovery Act (RCRA). At the government’s request, the judge ordered Apex Oil to begin work promptly on the final soil and groundwater remedy for Hartford, in accordance with a formal cleanup plan that has already been approved by EPA. That cleanup plan will require installation of an extensive liquid and vapor extraction system to remove and treat petroleum hydrocarbon contamination that is smeared into soils and floating atop the groundwater beneath the village.
"This court ruling represents a victory for the environment and for the people of Hartford," said Ronald J. Tenpas, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. "It requires a major polluter to clean up the mess it made, and dedicated professionals from EPA will oversee the project."
Preliminary cleanup work in Hartford began under a 2004 agreement that EPA negotiated with four other oil companies—Shell Oil, Valero Energy, BP Amoco, and Sinclair Oil.
The Justice Department filed suit against Apex Oil in 2005 after the company refused to assist with that cleanup effort. Apex Oil is the legal successor to Clark Oil and Refining Corporation, which owned a refinery next to the Village of Hartford from 1967 to 1988. Apex Oil currently operates as a privately owned oil-trading firm, headquartered in Clayton, Mo.
Although the other oil companies that contributed to the contamination were not named as defendants in the government’s lawsuit against Apex Oil, the judge’s ruling against Apex Oil makes clear that it does not relieve those other companies of their joint responsibility for all remaining cleanup work, including ongoing work required under their 2004 agreement with EPA.
CPUC Adopts New Energy-Efficiency Goals for Investor-Owned Utilities
The California Public Utilities Commission (CPUC) unanimously approved aggressive new energy-efficiency goals through 2020 for the state’s investor-owned utilities. The decision will save energy, save customers money on their utility bills, reduce air pollution, and help California implement its landmark Global Warming Solutions Act (AB 32), according to the Natural Resources Defense Council (NRDC).
“California is world renowned for its energy-efficiency leadership,” said Audrey Chang, director of NRDC’s California climate program. “Today’s action ensures that Californians will continue to reap the benefits of one of the fastest, cheapest, cleanest ways to meet our energy needs, namely energy efficiency.”
The energy-efficiency goals adopted by the CPUC will work in tandem with the California Air Resources Board’s global warming pollution reduction targets under AB 32. At least 11% of the state’s total heat-trapping pollution reductions are expected to be achieved through energy efficiency. The majority of these energy-efficiency reductions will come from the CPUC energy savings goals adopted for the investor-owned utilities’ service territories, to be accomplished through a combination of utility programs and strengthened building and appliance standards.
The energy-efficiency targets will have the practical, on-the-ground effect of avoiding the need to build 12 giant power plants and reducing pollution equivalent to the emissions produced by 2.4 million cars by 2020. NRDC estimates these electricity and natural gas savings will bolster the state’s economy by providing at least $7 billion in net benefits through 2020 from energy bill savings and the avoided costs of building new infrastructure.
“Part of the genius of California’s energy policy is that utilities must use energy efficiency as the first energy resource to meet demand before building more power plants or purchasing additional energy from fossil fuel sources. This is a tried and true method,” Chang said. “The Public Utilities Commission under the leadership of Commissioner Grueneich should be commended for making the most of this highly effective tool.”
Website Tip Leads to Criminal Guilty Plea
A citizen's tip to an EPA website in 2006 resulted recently in the federal guilty plea of a former city official of Lake Ozark, Mo., who admitted failing to report the discharge of raw sewage into the Lake of the Ozarks.
Richard L. Sturgeon, 52, of Eldon, Mo., waived his right to a grand jury and pleaded guilty to one felony count of failing to report the discharge of pollutants into a lake, in an appearance before U.S. Magistrate Judge William A. Knox in Jefferson City, Mo.
As Lake Ozark's public works director, Sturgeon was responsible for overseeing the city's waste-water treatment facility and reporting sewage bypasses. Lake Ozark co-owns and operates the Lake of the Ozarks Regional Waste Water Treatment Facility with the City of Osage Beach, Mo.
Since the site was launched in January 2006, it has received thousands of tips about potential environmental violations.
"A concerned citizen brought this situation to our attention by submitting a tip through our website," said Granta Nakayama, assistant administrator for EPA's enforcement and compliance assurance program. "This is a great example of how the public can help federal and state authorities fight environmental crime. We invite all citizens to help protect our nation's environment by identifying and reporting environmental violations."
The City of Lake Ozark has a history of overflows or bypass events from its waste-water treatment facility's lift stations into the Lake of the Ozarks. Citizen request forms maintained by the city document numerous incidents of lift station sewage bypasses that were never reported to the Missouri Department of Natural Resources (DNR). The city has routinely failed to notify DNR when the bypasses occurred, as its permit requires.
On Sept. 11, 2007, DNR staff observed that a lift station was experiencing a bypass, resulting in a discharge of 10,000 to 15,000 gallons of raw sewage into the lake. DNR staff noted that the sewage caused a dark plume in the water at the Lake of the Ozarks. DNR notified the city of the bypass, and the city responded and stopped the flow, but the city conducted no clean up and provided no written notification of the bypass.
On Sept. 13, 2007, DNR staff visited the site, and no clean up had been started. DNR contacted Sturgeon and requested a clean up of the area. The bypass was never reported to DNR as required by the city's permit. A sample analysis of water collected from the Lake of the Ozarks showed extremely elevated levels for ammonia nitrogen and fecal coliform, exceeding the criteria for whole body contact recreation.
"Lake of the Ozarks is one of the largest and most popular recreational lakes in the Midwest," said John Wood, U.S. Attorney for the Western District of Missouri. "Under the Clean Water Act, we have a duty to prevent this natural resource from being polluted and to protect the health and safety of the public, including recreational users."
Under federal statutes, Sturgeon could be subject to a sentence of up to three years in federal prison without parole, plus a fine up to $250,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Lawrence E. Miller and Special Assistant U.S. Attorney Anne Rauch of EPA Region 7's Office of Regional Counsel. It was investigated by the EPA's Criminal Investigation Division and the Missouri Department of Natural Resources.
Construction Company Faces $157,500 in Fines for Clean Water Violations
TLT Construction Corp. faces an administrative penalty of up to $157,500 for violating requirements of the federal Clean Water Act (CWA) at a construction site in Reading, Mass.
In May 2004, TLT began construction of the Town of Reading’s new high school.
EPA determined TLT was discharging storm waters from the site to U.S. waters without authorization. TLT failed to apply for coverage under EPA’s National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges from Construction Activities. EPA also determined that TLT failed to update its Storm Water Pollution Prevention Plan, document construction site erosion and sediment control inspections, and maintain records. EPA also found that TLT failed to comply with state and local wetlands bylaws.
As storm waters flow over a construction site, they can pick up and transport certain pollutants, such as oil and grease from petroleum products, metals from paints and sealants, sand and aggregate from unstable material stockpiles, and solvents and construction debris. Contaminated stormwater runoff can harm or kill fish and or other aquatic wildlife. Uncontrolled stormwater runoff from a construction site can affect an aquatic habitat and cause stream bank erosion and flooding.
Stormwaters from TLT’s construction site discharged in to the Aberjona River, which flows into the Upper and Lower Mystic Lakes, which in turn flow into the Mystic River, and finally to the Boston Harbor.
Failure to Develop RMP for Ammonia Leads to $81,000 Fine
EPA announced that Cascade View Fruit & Cold Storage, LLC (Cascade View), has agreed to pay $81,193 for alleged federal Clean Air Act (CAA) 112(r) Risk Management Program (RMP) violations. The alleged violation occurred when Cascade Views’ cold storage warehouse located at 1100 East Pomona in Yakima, Wash., exceeded the RMP threshold quantity of anhydrous ammonia in November 2004. The violations have since been corrected.
On July 10, 2007, EPA sent Cascade View a request for information as authorized under Section 114 of the CAA. Cascade Views’ response indicated that their current level in November 2004 was more than 23,000 lbs, which required Cascade View to implement a RMP and submit a Risk Management Plan. EPA found that the facility lacked a prevention program to protect the public and the environment from an off-site release of anhydrous ammonia.
"The RMP is designed to protect public health and the environment from accidental releases of harmful chemicals,” said Javier Morales, EPA’s RMP Coordinator in Seattle. “Cascade View’s failure to have a RMP could place workers at their cold storage facility as well as the surrounding community at risk.”
Specific items required by the Risk Management Program include:
- Development of an emergency response or action plan
- Hazard evaluation of a “worst case and more probable case” chemical release
- Operator training
- Review of the hazards associated with using toxic or flammable substances
- Operating procedures and equipment maintenance
Cascade Views’ fruit-packing facility uses anhydrous ammonia for refrigeration purposes.
Section 112(r) requires all public and private facilities that manufacture, process, use, store, or otherwise handle greater than a threshold amount of a regulated substance(s) to develop Risk Management Programs and submit Risk Management Plans. Toxic chemicals, such as ammonia and chlorine, are covered by the program.
Anhydrous ammonia is one of the most dangerous chemicals used in refrigeration and agriculture today. It is used and stored under high pressure, which requires specially designed and well-maintained equipment. Those who work with anhydrous ammonia must be trained to follow exact handling procedures. The primary causes of uncontrolled releases are improper handling procedures, careless or untrained workers, or faulty equipment.
279,000 Penalty for Failure to Comply With Air Permit
New Mexico Environment Department Secretary Ron Curry issued a compliance order with a $279,076 penalty to Helena Chemical Co. in Mesquite for 11 violations of the company’s air quality permit.
The order alleges violations including allowing emissions to escape from the facility, neglecting to conduct testing and monitoring to make sure air quality standards are met, and failing to maintain records of plant operations. That order is based on a notice of violation the department issued to the fertilizer company in November.
“Operating a business comes with certain responsibilities, including protecting residents and the environment from effects of that operation,” said New Mexico Environment Department Secretary Ron Curry. “Helena continues to have lax air monitoring methods that put residents at risk—we will not tolerate that behavior from any company and will continue to ensure residents have the protection they deserve from problematic companies like Helena.”
The facility processes and distributes agricultural chemicals, including fertilizer, at a facility at 252 John Grisham Drive in Mesquite. Seven inspections conducted by the Department’s Air Quality Bureau between March and June 2007 uncovered 11 violations of the Air Quality Control Act, Air Quality Control Regulations, and Helena’s air permit with the state.
According to the complaint, Helena violated its permit by failing to enclose doors and other openings at the facility when it conducted work on fertilizer products; allowing emissions from the facility to escape outdoors; having a malfunctioning chute that allowed emissions to escape during product loading; failing to follow best engineering practices by keeping doors open while off-loading fertilizer into trucks; failing to keep the south haul road swept to control dust; failing to conduct compliance tests of regulated equipment on schedule; failing to notify the department of the installation of new equipment; failing during two periods of time to monitor differential pressure in inches of water across the dust collection system; neglecting to conduct inspections of building enclosures and to keep records of those inspections; failing to use proper methods of observing emissions during various operations; and neglecting to maintain daily and annual production rates for emissions limits.
“In the first place, Helena violated state law by failing to obtain an air quality permit before it began operations at its Mesquite facility,” Secretary Curry said. “Once the company obtained the permit, it still failed to understand the gravity of complying with that permit and laws governing air quality.”
Inspectors from the department’s Air Quality Bureau inspected the plant in spring 2007 and found the plant had not conducted initial compliance tests to ensure that regulated emissions were in compliance with air quality requirements. The company also failed to maintain the records it was required to possess.
The order contains revisions of the initial NOV. The department first issued an Air Quality Permit to the company in November 2005. The company can request a settlement hearing on the matter from the department. The department can arrange to hold that hearing near the facility.
The department issued a NOV and assessed a penalty of $238,000 to the company in November 2004 for failing to obtain a permit to operate the facility. The department also issued a $36,000 penalty to Helena in October 2006 when the company failed to report a chemical fertilizer spill.
The department began investigating all state Helena facilities in March 2007 after a fire broke out at another Helena facility in Humboldt, Tenn. Those investigations were conducted to ensure that local operations were safe.
New Texas Computer Equipment Recycling Program Slated for September 1
Texas consumers will soon be able to recycle their used computer equipment for free through a new program. By Sept. 1, manufacturers that sell computer equipment in Texas will be required to collect and recycle computer equipment used by individuals primarily for personal or home-business use. Manufacturers that choose not to offer such a program will not be allowed to sell their computer equipment anywhere in the state.
The program covers desktops, laptops, monitors, and an accompanying keyboard and mouse made by the same manufacturer for each computer. Customers are responsible for erasing all data from their equipment and should check with the manufacturer for instructions on how to do this. Each manufacturer is responsible for collecting and recycling only its own brand of computer equipment.
Find Energy Efficiency Rebates and Incentives by Zip Code
By entering your zip code, you can find local residential incentives and rebates covering appliances, lighting, cars, home improvement and construction, energy audits, solar and other renewables, recycling, and financing options. You can also create an account to keep track of your projects, incentives, and other offers.
According to the Department of Energy, residential energy accounts for 21% of the national total energy consumption and costs American households more than $160 billion a year. It is estimated that energy-efficiency improvements could save people 20%–30% annually on their energy bills.
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Trivia Question of the Week
If an employee makes an allegation of a significant adverse reaction to a chemical, the allegation must be recorded in accordance with:
a. Section 8 (c) of TSCA and 40 CFR 717
b. OSHA Recordkeeping and Reporting rules at 29 CFR 1904
c. OSHA Hazard Communication rules at 29 CFR 1910.1200
d. None of the above
