Six States Adopt EPA Solvent Wipe Rule

March 17, 2014

 

Adoption of the rule in other states is optional because the rule is less stringent than the previous requirements under RCRA. The states can create different standards, but they must be equivalent to the federal regulations. They have the option to adopt the entire rule or certain provisions. States that have adopted the rule to date include North Carolina, Pennsylvania, New Jersey, and Florida.

EPA’s New Solvent Wipe, Shop Towel Rule Demystified

 

  • Does the rule apply to both cloth and paper wipes and rags?
  • What solvents can be on the towels, and which are prohibited?
  • Does the rule also apply to towels that contain characteristic hazardous waste?
  • Can P or U-listed wastes be on the towels?
  • How must the towels be stored on-site?
  • Do they need to be tested for anything?
  • How long can they be stored?
  • How must the containers be marked or labeled?
  • How must they be prepared for transportation?
  • Where can you ship them and what are the disposal and recycling options?
  • What are the documentation requirements?
  • Can the rule be applied to uniforms or spill absorbents?
  • How is the new rule impacted by current state regulations?

 

San Antonio RCRA and DOT Training

 

Jacksonville RCRA and DOT Training

 

New Orleans RCRA and DOT Training

 

How to Implement OSHA’s Globally Harmonized Hazard Communication Standard

OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, material safety data sheet (now called “safety data sheet” or SDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on SDSs.

 

Scientists Discover Four New Man-Made Gases in the Atmosphere—All of Which Are Contributing to the Destruction of the Ozone Layer

New research published in the journal Nature Geoscience reveals that more than 74,000 tons of three new chlorofluorocarbons (CFCs) and one new hydrochlorofluorocarbon (HCFC) have been released into the atmosphere.

Scientists made the discovery by comparing today’s air samples with air trapped in polar firm snow—which provides a century-old natural archive of the atmosphere. They also looked at air collected between 1978 and 2012 in unpolluted Tasmania.

Measurements show that all four new gases have been released into the atmosphere recently—and that two are significantly accumulating. Emission increases of this scale have not been seen for any other CFCs since controls were introduced during the 1990s. But they are nowhere near peak CFC emissions of the 1980s, which reached around a million tons a year.

 

“CFCs are the main cause of the hole in the ozone layer over Antarctica. Laws to reduce and phase out CFCs came into force in 1989, followed by a total ban in 2010. This has resulted in successfully reducing the production of many of these compounds on a global scale. However, legislation loopholes still allow some usage for exempted purposes.

“The identification of these four new gases is very worrying as they will contribute to the destruction of the ozone layer. We don’t know where the new gases are being emitted from and this should be investigated. Possible sources include feedstock chemicals for insecticide production and solvents for cleaning electronic components.

“What’s more, the three CFCs are being destroyed very slowly in the atmosphere—so even if emissions were to stop immediately, they will still be around for many decades to come,” he added.

This research has been funded by the Natural Environment Research Council (NERC), the National Centre for Atmospheric Science (NCAS), the European Union, and the Commonwealth Scientific and Industrial Research Organization (CSIRO).

 

Criminal Charges Filed Against Plating Facility for Unlawful Management of Hazardous Waste

 

Electro-Forming, Co., a metal plating company operating in Richmond, and Patigler are charged with 11 felony counts and 12 misdemeanor counts for the mismanagement of hazardous waste, including the unlawful disposal, storage, treatment, and transportation of hazardous waste. This action arises from an investigation by DTSC’s Office of Criminal Investigations (OCI).

“The reckless behavior of this company and its owners warrants a tough enforcement response,” said Reed Sato, DTSC Chief Counsel. “We are grateful for the partnership with the district attorney to address this misconduct. The enforcement actions brought against Electro-Forming, Co. and its owners, through the good work of OCI, is a textbook example of how hazardous waste violations are discovered, investigated, stopped and prosecuted.”

The criminal complaint alleges that the Richmond facility illegally treated and stored plating waste for several years in various unlabeled drums, containers, a strip tank, and an unpermitted 6,900- gallon Baker tank. It also alleges that Electro-Forming, Co., unlawfully disposed of hazardous waste polishing dust and plating filters contaminated with metals. It also states that the facility knowingly treated, handled, disposed, or stored hazardous waste in a manner that allowed hazardous waste to accumulate underneath the floor in the plating area. These practices also created an unreasonable risk of fire, explosion, serious injury, or death in the tank. In addition, the facility failed to make a waste determination, and failed to label drums, provide employee training, operate the facility in a manner to prevent a release, and obtain a valid hazardous waste transporters registration.

“The goals of the filing of this criminal case are to hold Marion Patigler and her company, Electro- Forming, Co., accountable for their conduct, protect the public and ensure a safer worker environment at the facility,” District Attorney Mark Peterson said. “The prosecutors and investigators in the Contra Costa County Environmental Protection Unit work closely with the Office of Criminal Investigations, and we would like to thank them because without their hard work and support, this case would never have occurred.”

The criminal charges follow a civil complaint filed in August 2013 by the California Attorney General’s Office against Electro-Forming, Co., on behalf of DTSC. The complaint alleged that the facility illegally disposed of hazardous waste in the street and on adjacent property. It also alleged that the company was unlawfully boiling off liquid plating waste and combining different types of hazardous waste in a tank. Less than a month later, DTSC obtained a court order that required the facility and its owners to stop ongoing violations of the state’s hazardous waste laws and immediately remove large quantities of hazardous waste from their property. The owners and the company complied with the removal requirements.

OCI is a special investigation unit within DTSC consisting of peace officers, scientists, and a computer forensic specialist who investigate criminal misconduct and other serious violations of hazardous waste laws in California. It is the only criminal investigation unit within the California Environmental Protection Agency and is part of Legal Affairs.

12 Shipping Companies Fined $476,750K for Violating Fuel Regulation

The California Air Resources Board has fined 12 shipping companies a combined $476,750 USD for failure to switch from dirty diesel “bunker” fuel to cleaner, low-sulfur marine distillate fuel upon entering Regulated California Waters, as required by state law.

“Our regulations mandating use of cleaner fuel by ocean-going vessels have greatly helped to improve air quality not only in coastal communities, but also in inland areas," said ARB Enforcement Chief Jim Ryden. “Studies have shown that coastal air pollution travels far inland, so when ships off our shores follow the rules, millions of people benefit.”

All companies mentioned below took prompt action after being notified of the violations and, under ARB’s supervision, began complying with state law. All were fined for either failing to switch to cleaner fuel within 24 nautical miles of the California coast, or for switching fuels in an untimely manner:

  • Univan Maritime Ltd. (Hong Kong) – $78,250 (Vessel name: Maersk Wolfsburg)
  • Firon Shipping, Inc., (Cyprus) c/o XT Shipping Group – $68,000 (Vessel name: Blue Diamond)
  • W. Bockstiegel GmbH & Co. Reederei KG (Germany) – $55,500 (Vessel name: BBC Arizona)
  • MK Shipmanagement Co., LTD. (Tokyo) – $53,000 (Vessel name: Ocean Seagull)
  • Cosco Maritime LTD. (UK) – $34,500 (Vessel name: Antwerp)
  • Triton Schiffahrts GmbH – $30,250 (Vessel name: Eagle Bay)
  • Dumun Marine S.A. (Panama) – $30,250 (Vessel name: Dumun)
  • Peter Doehle Schiffahrts (Germany) – $27,750 (Vessel name: Fanfare)
  • Byzantine Maritime Corporation (Greece) – $27,750 (Vessel name: Ermione)
  • Crowley Technical Management, Inc., (Florida, USA) - $27,750 (Vessel name: Ocean Crescent)
  • BigLift Shipping B.V. (Netherlands) – $23,750 (Vessel name: Happy Dynamic)
  • YA-SA Tanker and Transportation (Turkey) – $20,000 (Vessel name: Golden Horn)

Diesel exhaust contains a variety of harmful gases and more than 40 other known cancer-causing compounds. In 1998, California identified diesel particulate matter as a toxic air contaminant based on its potential to cause cancer, premature death, and other health problems.

Dairy Fined for Manure Discharge

EPA personnel conducted a series of inspections in March and May 2013 at the Double V Dairy, LLC, near Rock Valley, Iowa. 

EPA inspections and sampling documented that Double V Dairy discharged manure into Rogg Creek and its tributaries while it owned the dairy between 2010 and 2013. Manure and other wastewater discharges from concentrated animal feeding operations and their land application areas can violate water quality standards, pose risks to human health, threaten aquatic life and its habitat, and impair the use and enjoyment of waterways.

“Producers should regularly evaluate all aspects of their operations to ensure they are not discharging into nearby rivers and streams,” EPA Regional Administrator Karl Brooks said. “Even if livestock or poultry is confined indoors, producers still need to manage their outdoor areas.”

The manure discharges from Double V Dairy originated from stockpiles of used bedding sands that were stored outside in an uncontrolled area.

Under Double V Dairy, LLC, the dairy had the capacity for approximately 1,200 dairy cattle. 

The consent agreement is subject to a 40-day public comment period before it becomes final.

$23,570 Fine for Operating an Unlicensed Solid Waste Processing Facility

The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $23,570 penalty to three entities that have the same operating address for failure to obtain a site assignment from the Millbury Board of Health and MassDEP for the operation of a solid waste facility in Millbury. Westboro Road Realty Trust, Treeline Construction, Inc., and Atlantic Construction Services, Inc., were using a parcel at 130 Westborough Street as a dumping ground for rock, masonry and concrete.

On December 7, 2011, a MassDEP inspection of the site, responding to a complaint, discovered continued storage of rock, masonry, and concrete on the ground. A previous Notice of Noncompliance required the removal of all materials from the site, citing prohibitions against open dumping. The December 2011 inspection revealed that no removal of material had occurred.

In a recently signed consent order, the three entities agreed to pay the penalty and they have developed a compliance plan for MassDEP approval. The approved compliance plan includes the removal and recycling of all stored solid waste from the site by early summer 2014.

“Business owners have important responsibilities under Commonwealth regulations to obtain appropriate local and state approvals before managing solid wastes,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester.

Luoma Egg Ranch Penalized for Feedlot, Water Quality Violations

Luoma Egg Ranch has been fined and ordered to take corrective actions as a result of feedlot and water quality violations at its chicken egg laying facility in Pine County, near Finlayson, Minnesota.

According to Minnesota Pollution Control Agency (MPCA) inspection reports, failure to leave a required one foot of clearance at the top of liquid manure storage areas caused overflows that discharged liquid chicken manure, egg wash wastewater, and waste eggs to area ditches and streams, and eventually to Medicine Creek. Further investigation indicated that discharges occurred last summer and fall.

The facility owner failed to report and attempt to recover the discharges, which also violates MPCA feedlot and water quality regulations. Other violations included improper disposal of dead chickens.

Luoma Egg Ranch has been fined $95,000 and must complete a series of corrective actions to address the violations.

All Alabama Counties in Attainment of Clean Air Standard

On December 14, 2012, the EPA significantly tightened the National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM2.5), revising the standard from 15 to 12 μg/m3 (micrograms per cubic meter), averaged over a year. These particles are much smaller than the width of a human hair and are easily inhaled deeply into the lungs, causing a variety of health problems.

 On March 3, 2014, the Alabama Department of Environmental Management sent a letter to EPA stating that, based on recent ambient air monitoring data, all monitors in the State of Alabama meet the new annual PM 2.5 NAAQS. The letter recommends to EPA that the entire State of Alabama be designated as “attainment” for the new standard.

Several areas of the State, particularly the Birmingham area, have historically not met the standards which limit fine particle concentrations. The areas having met today’s stringent standards is a result of local, State, and federal emissions-limiting laws and regulations covering industry, vehicles, and other sources of air pollutants.

Nationally, air quality standards have become more and more stringent over the years, and even though overall air quality in Alabama has constantly improved, the Department has been pursuing an ever-changing standard. Due to a lot of hard work by ADEM and other stakeholders, the State of Alabama has attained this current, more stringent air quality standard for all 67 counties.

Michigan DEQ Recognizes Michigan Automotive Compressor Inc. as Clean Corporate Citizen

The Michigan Department of Environmental Quality welcomes Michigan Automotive Compressor, Inc., to the ranks of the Clean Corporate Citizen (C3) program. MACI is the 210th Michigan facility to earn this designation.

C3 is a voluntary program that recognizes environmental stewardship at Michigan facilities. Candidates demonstrate facility-specific environmental management systems, active pollution prevention initiatives, and a consistent record of compliance with state and federal environmental requirements.

"Our company is committed to being a responsible citizen," said President Tatsuhito (Todd) Ishikawa. "Our policy is to continually improve our systems, prevent pollution and, of course, comply with all laws and regulations. The environment is a top priority, and I want to thank our associates who make it possible to achieve our targets and be good stewards."

MACI is the largest manufacturing employer in Jackson County, Michigan, with 925 associates (employees). Established in 1989, the company manufactures automotive air-conditioning compressor units for mainly North American automotive manufacturers. Customers include GM, Chrysler, Ford, Toyota, and Honda, as well as Freightliner and John Deere.

MACI’s commitment to responsible citizenship means they work within their community and industry to improve the sustainability of both.

Environmental News Links

 

Trivia Question of the Week

According to research from UC Davis and Columbia University, exposure to fine particulate matter (PM 2.5) can?

a. Reduce life span by 1 month for every 2 years of exposure

b. Make you bad at your job

c. Increase likelihood of emphysema in children less than 12 years of age

d. Drastically reduce the fertility of honeybees