Recently, Senator Frank Lautenberg (D-NJ) and Senator Kirsten Gillibrand (D-NY), joined by 27 Senators, introduced the “Safe Chemicals Act of 2013,” a landmark bill that seeks to protect families in America from exposure to harmful chemicals. The bill mirrors legislation that passed out of the Environment and Public Works Committee in the 112th Congress.
The “Safe Chemicals Act of 2013” seeks to protect families from exposure to harmful chemicals. The crucial proposal would overhaul the outdated Toxic Substances Control Act (TSCA) of 1976, by strengthening the authority of the EPA to learn more about the safety of chemicals and limit their use if they pose a threat to public health and the environment.
“From Maine to Florida, Oregon to Minnesota, 29 Senators are standing with the 77% of Americans who support reform that will protect us from toxic chemicals before they enter our homes and workplaces,” said Andrea Delgado, Legislative Representative for Earthjustice. “We applaud Senator Lautenberg and Senator Gillibrand for leading the charge to safeguard the health and safety of all families in America and urge their colleagues in Congress to follow suit.”
Along with Sen. Lautenberg and Sen. Gillibrand, co-sponsors of the bill include Senators: Schumer (D-NY), Durbin (D-IL), Murray (D-WA), Boxer (D-CA), Udall (D-NM), Baucus (D-MT), Mikulski (D-MD), Bennet (D-CO), Klobuchar (D-MN), Franken (D-MN), Tester (D-MT), Whitehouse (D-RI), Feinstein (D-CA), Blumenthal (D-CT), Cowan (D-MA), Sanders (I-VT), Warren (D-WA), Harkin (D-IA), Merkley (D-OR), Wyden (D-OR), Cardin (D-MD), Leahy (D-VT), Menendez (D-NJ), Schatz (D-HI), Nelson (D-FL), Cantwell (D-WA), and King (I-ME).
How to Implement OSHA’s Globally Harmonized Hazard Communication Standard (GHS)
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, safety data sheet (formerly called “material safety data sheet” or MSDS), 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.
Virginia Beach RCRA and DOT Training
Charlotte RCRA, DOT, and SARA Training
Hilton Head RCRA and DOT Training
EPA’s FY 2014 Budget Proposal Maintains the Strength of Federal, State, and Tribal Core Environmental and Human Health Protections
This request is $296 million below the EPA’s budget for Fiscal Year 2012.
“Our request takes a balanced approach to funding the agency, including increased investments in more efficient technologies as well as necessary program eliminations or reductions.”
EPA’s FY 2014 request will allow EPA to continue its progress in addressing climate change; protecting the nation’s air, waters, and lands; supporting sustainable water infrastructure; and assuring the safety of chemicals. EPA will continue to lay the groundwork 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.
Fiscal Year 2014 budget highlights include:
- E-Enterprise to Assist Businesses and Improve EPA and States’ Access to Data. E-Enterprise, a $60 million initiative will enable EPA to begin developing tools and expanding systems designed to reduce the reporting burden on regulated entities and provide EPA and state regulators with easier access to and use of environmental data. E-Enterprise seeks to replace out-dated, paper reporting with integrated e-reporting systems using technology and shared IT services, while encouraging greater transparency and compliance. Similar to online banking, the new single portal system will allow regulated businesses to register and receive tailored information based on their unique needs. This electronic system will facilitate commercial entities’ permit applications and emissions reporting as well as provide information on applicable regulations and compliance status.
- EPA’s request includes essential resources for our state, local and tribal partners to build integrated data systems that will improve the quality of data collected by EPA and the states for verifying compliance with regulations, and reduce reporting burden on industry and improve services for the regulated entities and the American public. Additionally, E-Enterprise builds on efforts such as e-manifest, which is projected to reduce reporting costs for regulated businesses in the range of $77 to $126 million annually by replacing the 5.1 million paper manifests for hazardous waste shipments with a modern tracking and reporting system.
- Supporting State and Tribal Partners. The FY 2014 budget includes a total of $1,135.8 million in categorical grants, an increase of $47 million over FY 2012 levels. EPA remains committed to supporting our state and tribal partners, the primary implementers of environmental programs, remains a priority of the EPA. Funding to states and tribes in 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.
- Climate Change. EPA is proposing $176.5 million for the agency’s work with partners and stakeholders to provide information and tools to cut greenhouse gas (GHS) emissions. These funds will support reducing emissions in the US and abroad through careful, cost-effective rulemaking and voluntary programs that focus on the largest entities while also encouraging businesses and consumers to limit unnecessary GHG emissions.
These funds will allow the agency to continue utilizing approaches like ENERGY STAR, the Global Methane Initiative, the GHG Reporting Rule, and state and local technical assistance and partnership programs, such as SmartWay. The ENERGY STAR program continues to yield significant results through its 20,000 partners. Americans, with the help of ENERGY STAR, prevented emissions of an estimated 242 million metric tons of carbon dioxide equivalent (MMTCO2E), saving a total of $24 billion on their annual utility bills in 2012 alone. The budget also includes $20 million for research to understand the impacts of climate change on human health and vulnerable ecosystems. This research will evaluate the interactions between climate change and air quality and develop approaches to adapt to a changing climate and provide state, local and Tribal partners with tools and technologies to support their climate change programs. - Enforcement and Compliance. EPA’s budget proposal requests $625 million to maintain the strength of core national enforcement and compliance assurance programs and for the Next Generation Compliance Initiative. In light of fiscal constraints, the need to innovate is even greater in order for the EPA to achieve gains in compliance over the long-term. Through the Next Generation Compliance initiative, the EPA is developing and implementing new methods based on advances in both monitoring and information technology that will improve efficiency, leading to better compliance and enabling our ability to focus on the most serious violations. By leveraging electronic reporting and working to reduce redundant paperwork and regulatory reporting burdens on business and our governmental partners, EPA will contribute to improving environmental and human health protection. Next Generation Compliance complements the agency’s E-Enterprise initiative.
- Improving Air Quality. The agency’s proposal requests $175 million to support its work to meet its court-ordered deadlines to develop, implement and review statutorily mandated ambient air quality standards and guidance and air toxics regulations. In addition, EPA will continue to provide support to its state, local and Tribal partners to implement these rules by providing analytical tools for emissions and quality assurance, as well as air quality systems to house and exchange data and technology.
- Addressing Phosphorus and Nitrogen Pollution in America’s Waters. Nutrient pollution is one of the nation’s most widespread and challenging environmental problems. To assist in tackling this challenge, EPA is requesting an increase of $15 million in Clean Water Act Section 106 Water Pollution Control grant funding to support states, interstate agencies and tribes that commit to strengthening their nutrient management efforts. Additionally, EPA will work to achieve water quality improvements in key watersheds across the country in partnership with states and the US Department of Agriculture. This is in addition to EPA’s core clean water programs and grants that support states in the development and implementation of nutrient pollution reduction strategies, as well as provide technical guidance and resources to help states develop water quality criteria for nutrients. These efforts may also reduce the need for treatment of drinking water, as sources are better protected from these pollutants.
- Promoting Sustainable Community Water Resources. This Fiscal Year 2014 budget seeks to ensure that federal dollars provided through the State Revolving Funds (SRF) support efficient system-wide planning, improvements in technical, financial, and managerial capacity, and the design, construction, and ongoing management of sustainable water infrastructure. The FY 2014 budget requests $1.1 billion for the Clean Water SRF and $817 million for the Drinking Water SRF. EPA is working to increase the use of upfront planning that considers a full range of alternatives, including “green” infrastructure, to ensure timely, relevant and cost-effective investments.
- Protecting Our Land. In FY 2014, the Agency is requesting over $1.34 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 and other authorities. This strategy will help ensure that human health and the environment are protected and that land is returned to beneficial use in the most effective way.
- Ensuring the Safety of Chemicals. Ensuring the safety of new or existing chemicals in commerce to protect the American people remains a key EPA priority. Chemicals are used in the production of our homes and automobiles as well as the food we eat. Chemicals often are released into the environment as a result of their manufacturing, processing, use, and disposal. The $686.2 million requested in FY 2014 will allow the EPA to sustain its success in managing the potential risks of new chemicals entering commerce without impacting progress in assessing and ensuring the safety of existing chemicals.
- Continuing EPA’s Commitment to Innovative Research Solutions. EPA’s research budget provides $554 million to support critical research in key areas such as chemical safety; sustainable water resources; healthy communities; air, climate and energy, homeland security; and human health risk assessment. EPA’s 2014 request reflects the Obama Administration’s commitment to drive strong economic growth by supporting innovative research to reduce pollution to our environment and public health, prepare our communities for the consequences of climate change, and transition our country to move towards a clean energy future.
- Reducing EPA’s Physical Footprint and Energy Costs. Since 2006, the EPA has released approximately 417,000 square-feet of office space, resulting in a cumulative annual rent avoidance of over $14.2 million. In addition, across all agency facilities, on-going improvements in operating efficiency combined with the use of advanced technologies and energy sources have reduced energy utilization, resulting in annual cost savings of $5.9 million. The FY 2014 request includes $17 million to accelerate the space consolidation effort, with $12 million to the support design and engineering of a consolidated federally owned EPA multi-use facility in Las Vegas, NV. 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 budget includes $54 million in savings by eliminating several EPA programs that have either completed their goals or can be implemented through other federal or state efforts. This request also identifies 20 programs that are being reduced by 10% or more in FY 2014.
Greenhouse Gas Emissions Raise Extreme Temperatures in China
Humans are responsible for increasingly warm daily minimum and maximum temperatures in China, new research suggests. The study is the first to directly link GHG emissions with warmer temperature extremes in a single country, rather than on a global scale, according to the paper’s authors.
“There is a warming in extreme temperatures over China, and this warming cannot be explained by natural variation,” said Qiuzi Han Wen, an author on this paper and a researcher at the Institute of Atmospheric Physics in Beijing, China. “It can only be explained by the anthropogenic external forcings. These findings indicate very clearly that climate change is not just an abstract number for the globe; it is evident at regional scale.” The study was recently published in Geophysical Research Letters—a journal of the American Geophysical Union.
To identify the human influence on temperatures, researchers from Beijing and Toronto compared data from climate change models with actual observations from 2,400 weather stations in China gathered between 1961 and 2007.
“The climate model produces historical simulations to mimic what would have happened under different influences—such as human-induced GHG emissions and volcanic activities—and produces many possible outcomes”,” said Xuebin Zhang, an author on the paper and a researcher in the Climate Research Division of Environment Canada in Toronto. “If we average these possible outcomes, the day-to-day weather noise cancels out, leaving us with a general trend.”
The climate model reproduces China’s present reality only if human emissions are included, indicating that global warming is indeed the culprit for China’s warmer day and nighttime temperatures and not natural weather fluctuations, Zhang said.
“Actually seeing a warming trend in a single location is hard,” Zhang said. “It’s like trying to see the tide change when you’re in a rowboat going up and down on the waves. You need a lot of data to distill the day-to-day weather noise from the general trend.”
But the key to cracking the warming trend in China, Zhang said, was the vast amounts of data that the research team distilled from the thousands of weather stations, over more than four decades. The researchers estimate that human emissions likely increased the warmest annual extreme temperatures—the daily maximum and daily minimum for the hottest day and night of the year—by 1.7 degrees Fahrenheit (0.92 degrees Celsius) and 3?F (1.7?C), respectively. They also found that human emissions likely raised the coolest annual extreme temperatures—the daily maximum and daily minimum for the coldest day and night of the year—by 5.1?F (2.83?C) and 8.0?F (4.44?C), respectively.
In addition to calculating the overall trend, Wen, Zhang and their colleagues separated the effect of each anthropogenic input. Carbon dioxide emissions had the highest impact on warming, explaining 89% of the increase in the daily maximum temperatures and 95% of the daily minimum temperatures.
Wen asserts GHGs already in the atmosphere will continue to affect China’s climate for years to come, regardless of mitigation measures taken to reduce future emissions. “As a result, we expect warming in China will continue into the future, and consequently warming in extreme temperatures will also continue,” Wen said. “This will have huge implications for China, as heat waves and drought have already become more and more of an issue in our country. We would expect more hardship for dry-land farming as water supply is already stressed, higher demand on energy for cooling, and increasing heat-induced health issues.”
Zhang stresses that the results of this study highlight that climate change is an urgent issue for China and that warming is already taking a toll on the country.
“There are heat waves almost everywhere in China and we’re seeing more droughts,” Zhang said. “China is getting much warmer, and people are very concerned.”
This study was funded by the National Basic Research Program of China and benefited from a collaboration between the Meteorological Service Canada and the China Meteorological Administration.
Recycling and Disposal of Compressed Gas Cylinders Can be Dangerous
The DOT’s Pipeline Hazardous Materials Safety Administration (PHMSA) has become aware of instances where marked and unmarked cylinders have being taken to recycling facilities for disposal while still containing compressed gases and other hazardous materials.
Cylinders that have not been purged of their contents can pose a serious risk to health and safety.
In the event of a catastrophic failure, the sudden release of compressed gas could cause the cylinder to expel shrapnel or become a projectile, resulting in extensive property damage, serious injury, or even death.
Any cylinder still containing material should be considered hazardous. Cylinders are pressure vessels intended to hold compressed gases, and present two serious hazards—the pressurized cylinder itself, which has explosive potential, and the materials being stored within, which may be poisonous or flammable.
These cylinders are often steel or aluminum, but may also be made of fiber wrapped composite materials (commonly known as Composite Cylinders). The uses of these cylinders are expansive, and include welding, scuba diving, home healthcare, and food & beverage service.
To ensure that these cylinders are safe for handling they need to be purged of all contents. Recycling and Scrap Yard facilities should only accept cylinders that have been rendered incapable of holding pressure through methods such as:
- A hole drilled into the sidewall
- The head valve has been removed
- The cylinder is cut open to display the inner walls
PHMSA recognizes that recycling facilities often do not accept hazardous materials and employees may not be trained on how to recognize the potential threats associated with the acceptance of compressed gas cylinders.
If you are in possession of a cylinder and are unsure if it is empty, or you have any other concerns, contact PHMSA’s Hazardous Materials Information Center at 800-467-4972 or 202-366-4488.
In the event that a cylinder containing a compressed gas is discovered, move it to a safe place (if it is safe to do so) and inform your Environmental Health & Safety Department. Persons handling or using cylinders should have basic training on-file with their department or supervisor. At a minimum, this training should include review of operating and safety protocols for tasks to be performed, review of appropriate Material Safety Data Sheets (MSDS), and hands-on training with someone who has experience handling compressed gas cylinders.
Incidents involving these cylinders must be reported in writing on DOT form 5800.1 by the person in possession of the cylinder (including storage incidental to transportation and handling) at the time of the incident within 30 days. Information regarding reporting requirements and a guide for preparing a written incident report is available here.
Incidents involving death, serious injury, or other emergency circumstances such as facility evacuations must be reported within 12 hours to the National Response Center (NRC) at 1-800-424-8802 or 202-267-2675.
Business Leaders Urge Strong Policy Action on Climate Change
Over the course of an ongoing campaign organized by Ceres and its BICEP (Business for Innovative Climate & Energy Policy) coalition, other leading businesses, as well as individuals, will be encouraged to sign the Declaration and join the call to action.
“The signers of the Climate Declaration have a clear message for Washington: Act on climate change. We are, and it’s good for our businesses,” said Anne Kelly, Director of BICEP. “The cost of inaction is too high. Policymakers should see climate change policy for what it is: an economic opportunity.”
Together, the Declaration signatories provide approximately 475,000 US jobs and generate a combined annual revenue of approximately $450 billion. Extreme weather events like Hurricane Sandy have affected several Climate Declaration signatories and exposed the United States’ economic vulnerability to climate change.
“From droughts that affect cotton crops to Hurricane Sandy, which caused extensive damage to our operations, climate affects all aspects of our business,” said Eileen Fisher, CEO of New York-based apparel firm Eileen Fisher, which suffered severe damage and business interruption during the 2012 storm. “As a socially and environmentally responsible company, we are trying to affect positive change, but business can’t do it alone. We need the support of strong climate legislation.”
The signatories of the Climate Declaration are calling for Congress to address climate change by promoting clean energy, boosting efficiency and limiting carbon emissions—strategies that these businesses already employ within their own operations.
“Businesses understand that planning for a successful future takes investment today. One of the most important things Congress can do to grow our economy and protect our planet is to pass smart climate change legislation this year. Our workforce, supply chain and consumers are counting on us to lead the way,” said Anna Walker, Director, Government Affairs and Public Policy at Levi Strauss & Co.
Innovation within the transportation, electric power sectors and IT sectors, among others, will be essential to meeting the climate challenge.
“eBay, Inc., is committed to driving a future for commerce that embraces clean energy innovation and is ultimately more sustainable,” said Lori Duvall, Global Director, Green at eBay, Inc. “Our efforts extend across our data, employee and distribution center portfolios, our shipping and logistics infrastructure, as well as the actions of buyers, sellers, and merchants on our platforms. We see our participation in this coalition as a key element in bringing to life our vision for enabling greener forms of commerce over the long term.”
Ethanol Producer to Pay $136,500 for Risk Management and Chemical Reporting Violations
EPA announced recently that Advanced BioEnergy, LLC, based in Bloomington, Minnesota, has agreed to pay penalties totaling $136,500 to settle claims related to violations at its Huron and Aberdeen, South Dakota ethanol production facilities.
“Risk management plans help prevent and reduce the impacts of potentially catastrophic accidents involving flammable and toxic chemicals,” said Mike Gaydosh, EPA enforcement director in Denver. “These plans, along with timely reporting about the use of chemicals, are vital to keeping workers and communities safe. Advanced BioEnergy has been responsive in correcting the violations and coming into compliance, and we will continue to ensure they do so.”
EPA inspections conducted in January, 2012 found that Advanced BioEnergy’s ethanol plants had deficiencies in their Risk Management Plans associated with the use and storage of hazardous chemicals. Under the Clean Air Act, facilities like the Huron and Aberdeen ethanol plants are required to have viable plans in place to reduce the risks associated with toxic and/or flammable chemicals. These plans help companies, industries and municipalities operate responsibly and assist emergency responders by providing vital information necessary to address accidents and other incidents. By agreeing to the settlements, the company has agreed to come into compliance with federal risk management program regulations within 180 days.
Advanced BioEnergy also failed to accurately file TRI forms detailing the chemicals processed, manufactured or used at its facilities. EPA’s actions are expected to encourage better compliance with TRI reporting requirements and to ensure that residents and responders have complete information about chemicals present in their neighborhoods. This information also supports health studies based on the TRI database and helps federal, state, and local authorities plan for cleaning up industrial pollution spills.
Massachusetts Packaging Plant to Pay Nearly $485K Penalty for Environmental Violations
A packaging company has agreed to pay $484,900 in penalties to settle EPA claims that it violated numerous federal and state environmental regulations at its liquid and aerosol packaging facility in Dudley, Massachusetts.
According to EPA’s complaint, filed in September 2012, Shield Packaging Company, Inc. violated rules regarding hazardous waste management, chemical accident prevention, hazardous chemical inventory reporting, and oil pollution prevention contained in the Clean Air Act, the Emergency Planning & Community Right-to-Know Act, the Clean Water Act, and the Massachusetts Hazardous Waste Management Regulations.
EPA had alleged that Shield Packaging violated requirements in the Clean Air Act’s chemical accident prevention provisions by not fully developing and putting in place a risk management plan that adequately addressed processes that used extremely hazardous substances at the facility. The company also failed to submit a required inventory of all hazardous materials on site to emergency responders, and failed to fully implement an oil Spill Prevention, Control and Countermeasure plan, as required by federal law. Further, the company violated the Massachusetts Hazardous Waste Management Regulations by failing to conduct hazardous waste determinations on wastes at the facility, failing to manage hazardous wastes in accordance with required federal and state management practices, and failing to implement an adequate hazardous waste management training program at the facility.
“Failing to carefully follow hazardous waste management, chemical accident prevention, and oil spill prevention requirements poses increased risks of exposure to dangerous substances for both humans and the environment,” said Curt Spalding, regional administrator of EPA’s New England office. “Hazardous substances must be properly handled, stored and disposed of to ensure that the local community and first responders are not subject to unacceptable risks.”
Risk Management Plans help prevent accidental releases of substances that can seriously harm the public and the environment from short-term exposures. The plans also reduce the severity of releases that do occur. A company that fails to create and put in place this type of plan for an extremely hazardous substance can leave the public and environment at risk from accidental releases.
Hazardous chemical inventory reports required under the federal Emergency Planning and Community Right-to-Know Act help protect emergency personnel and the community by making them aware of which hazardous chemicals are present at a local facility.
Oil spill prevention plans required under the Clean Water Act help prevent accidental releases of oil from reaching nearby waters, by requiring facilities that store significant quantities of oil to adopt certain measures and controls that reduce the risks associated with releases.
The company cooperated with EPA throughout its investigation, and since EPA’s inspections, the company has completed some work and pledged to complete additional work to fix the problems identified at the facility.
Man Sentenced for Negligent Discharge of Oil into the Environment
The owner of Charlton Welding and Repair, Inc., was sentenced recently for violating the federal Clean Water Act.
Larry McKissick, II, 43, of Charlton, Massachusetts, was sentenced by Magistrate Judge Jennifer C. Boal to 12 months of probation, including four months of home detention and ordered to pay a fine of $75,000. In addition, McKissick must submit a written public apology within two weeks of sentencing, at his own expense, to the Boston Globe Metro West Edition, or Worcester Region Edition or Worcester Telegram and Gazette. He must also complete a Spill Prevention and Countermeasures training course. Restitution was not part of McKissick’s plea agreement, as authorities are pursing it through a separate process under the Clean Water Act.
McKissick is President of Charlton Welding, which operates a trucking and plowing company on Griffin Road in Charlton. In October 2012 McKissick plead guilty to negligently discharging a harmful quantity of oil, namely diesel fuel, into or upon the navigable waters of the United States. On June 11, 2010, McKissick washed diesel fuel off of the parking lot at his business property after realizing that the fuel had been released from a storage tanker parked on the property. It is estimated that 3,200 gallons of diesel fuel were released from the storage tank and washed into a tributary stream connected to the Quinebaug River. The fuel spill caused impacts to the wetlands and residents of a nearby housing complex, and triggered a six-month cleanup response by the Massachusetts Department of Environmental Protection (MassDEP) costing more than $680,000.
United States Attorney Carmen Ortiz said, “The federal Clean Water Act is one of the most important tools we have in our ongoing effort to protect our natural resources. Mr. McKissick’s negligence impacted important wetlands and tributary stream, and that could have been much worse, if not for the outstanding clean up efforts of the Massachusetts Department of Environmental Protection. I want to thank the EPA and Mass DEP for their ongoing commitment and partnership in our mutual mission to preserve our precious wetlands and waterways.”
“Mr. McKissick’s efforts to conceal the spill resulted in its spread to a larger area,” said MassDEP Commissioner Kenneth Kimmell. “Washing the spill into the nearby wetland created noxious fumes that endangered nearby residents and greatly complicated the immediate clean up actions performed by MassDEP. This case shows the legal consequences that follow from trying to evade responsibility for spills to the environment.”
“Today’s sentencing underscores EPA’s commitment to ensure that fuel is stored safely and in a manner that will protect the environment. Mr. McKissick chose to ignore all responsibility and instead flush thousands of gallons of spilled diesel into a brook,” said John Gauthier, Acting Special Agent in Charge of EPA-CID.
United States Attorney Ortiz, Acting SAC Gauthier and Commissioner Kimmell made the announcement. The Mass DEP oversaw extensive cleanup efforts within the wetlands and their Environmental Strike Force assisted in this investigation as well. The case was prosecuted by Assistant US Attorney Anton P. Giedt of Ortiz’s office.
Enforcement Actions for Alleged Unpermitted Discharge of Hydraulic Fracking Waste
The operation allegedly discharged hydraulic fracking wastewater into an unlined retention pond without the proper permits, posing a risk to surface and ground water quality. Central Valley Water Board Executive Officer Pamela Creedon issued the investigative order on April 4 under California Water Code Section 13267 giving Vintage Production California, LLC, until May 6 to report back to the Board with specific details about the operation of the well, which is located in an area where hydraulic fracking stimulation is used to enhance oil and gas production.
The order requires the company to provide a technical report characterizing the discharge water, identifying impacts to surface and groundwater quality and to provide the Board with a plan on how it will come into compliance with environmental regulations. The Central Valley Water Board’s concern is that the existing operation could threaten area waters with wastewater discharge from fracking activity.
“When any unpermitted water discharge activities are brought to our attention, especially one that may involve hazardous materials, we will move swiftly to ensure our regional surface and ground waters are not compromised,” Creedon said. “Following our investigation we will take the appropriate steps, which could result in the issuance of one or more enforcement orders that may include a cease and desist order, a cleanup and abatement order, and may also include civil liabilities.”
The video shows what appears to be hydraulic fracking activities by Vintage Production California and the unpermitted discharge of significant quantities of hydraulic fracking wastewater being dumped into an unlined pond in violation of California Water Code and applicable water quality regulations. Proper fracking operations in the region use portable tanks that capture hydraulic fracking wastewater and contain it for proper disposal, or obtain the required environmental permits to discharge the material into systems designed to protect surface and ground water quality.
Environmental News Links
Trivia Question of the Week
A majority of the world’s largest companies are now addressing the issue of climate change as part of their business strategy.
a. True
b. False
