State Identifies Top 10 Most Commonly Cited Hazardous Waste Violations

June 20, 2011

State Identifies Top 10 Most Commonly Cited Hazardous Waste Violations

The 10 most commonly cited hazardous waste violations for Resource Conservation & Recovery Act (RCRA) facilities in the State of Georgia during 2006-2010 are listed below. When you select a requirement/violation below, the link will take you to the regulatory text and compliance guidance.

References in the list below refer to Title 40 of the Code of Federal Regulations (CFR), which are incorporated into the Georgia Rules for Hazardous Waste Management by reference. The specific Georgia rule is cited in the bracket immediately following the 40 CFR citation.

To inquire about any of the issues associated with a specific Georgia facility with an assigned EPD compliance officer, please contact the compliance officer for all questions concerning that facility (i.e., Used Oil Management; Hazardous Waste Determinations; Generator Requirements; Universal Waste Requirements; and/or Permitted Treatment, Storage, and Post-Closure Requirements). For general questions, please contact the Programs listed below:

For Questions Concerning

 

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Contact Phone

 

  • Used Oil Management
  • Hazardous Waste Determinations
  • Requirements for Generators of Hazardous Waste (such as satellite accumulation, less than 90-day storage requirements)
  • Universal Waste Requirements

Hazardous Waste Compliance Program

404-657-8831

  • Permitted Treatment & Storage Facility Requirements (including permitting & corrective action)

Hazardous Waste Management & Remediation Program

404-656-2833

  • Permitted Post-Closure Facility Requirements (including permitting & corrective action)

Hazardous Waste Corrective Action Program

404-656-7802

 

Macon, Georgia RCRA, DOT, and IATA/IMO Training

 

Dayton, Ohio RCRA and DOT Training

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Searchable Databases on Chemical Toxicity and Exposure Data Now Available

EPA is making it easier to find data about chemicals. EPA is releasing two databases—the Toxicity Forecaster database (ToxCastDB) and a database of chemical exposure studies (ExpoCastDB)—that scientists and the public can use to access chemical toxicity and exposure data. Improved access supports EPA Administrator Lisa P. Jackson’s priorities of protecting Americans’ health by assuring the safety of chemicals and expanding the conversation on environmentalism.

“Chemical safety is a major priority of EPA and its research,” said Dr. Paul Anastas, assistant administrator of EPA’s Office of Research and Development. “These databases provide the public access to chemical information, data and results that we can use to make better-informed and timelier decisions about chemicals to better protect people’s health.”

ToxCastDB users can search and download data from over 500 rapid chemical tests conducted on more than 300 environmental chemicals. ToxCast uses advanced scientific tools to predict the potential toxicity of chemicals and to provide a cost-effective approach to prioritizing which chemicals of the thousands in use require further testing. ToxCast is currently screening 700 additional chemicals, and the data will be available in 2012.

ExpoCastDB consolidates human exposure data from studies that have collected chemical measurements from homes and childcare centers. Data include the amounts of chemicals found in food, drinking water, air, dust, indoor surfaces, and urine. ExpoCastDB users can obtain summary statistics of exposure data and download datasets. EPA will continue to add internal and external chemical exposure data and advanced user interface features to ExpoCastDB.

The new databases link together two important pieces of chemical research—exposure and toxicity data—both of which are required when considering potential risks posed by chemicals. The databases are connected through EPA’s Aggregated Computational Toxicology Resource (ACToR), an online data warehouse that collects data on over 500,000 chemicals from over 500 public sources.

Users can now access 30 years worth of animal chemical toxicity studies that were previously only found in paper documents, data from rapid chemical testing, and various chemical exposure measurements through one online resource. The ability to link and compare these different types of data better informs EPA’s decisions about chemical safety.

More information about the databases is available here:

Administrator Lisa P. Jackson’s June 15 Testimony before the U.S. Senate Committee on Environment and Public Works

The following is the June 15, testimony provided to the U.S. Senate Committee on Environment and Public Works, given by EPA’s Administrator, Lisa Jackson.

Madam Chairman, thank you for inviting me to testify about EPA’s ongoing efforts to protect our health by reducing the air pollution that affects millions of Americans. I know this subject very personally because my son is one of the more than 25 million Americans battling asthma.

Let me begin my testimony with a matter of fact: pollution, such as mercury and particulate matter, shortens and reduces the quality of Americans’ lives and puts at risk the health and development of future generations.

We know mercury is a toxin that causes neurological damage to adults, children, and developing fetuses. We know mercury causes neurological damage, including lost IQ point in children. And we know particulate matter can lead to respiratory disease, decreased lung function, and even pre-mature death. These pollutants—and others including arsenic, chromium, and acid gases—come from power plants.

These are simple facts that should not be up for debate.

However, Madam Chairman, while Americans across the country suffer from this pollution, special interests who are trying to gut long-standing public health protections are now going so far as to claim that these pollutants aren’t even harmful. These myths are being perpetrated by some of the same lobbyists who have in the past testified before Congress about the importance of reducing mercury and particulate matter. Now on behalf of their clients, they’re saying the exact opposite.

The good news is that to address this pollution problem, in 1970 Congress passed the Clean Air Act—which was signed into law by a Republican President, and then strengthened in 1990 under another Republican Administration.

Last year alone, the Clean Air Act is estimated to have saved 160,000 lives and prevented more than 100,000 hospital visits. Simply put, protecting public health and the environment should not be—and historically has not been—a partisan issue.

Despite all the distractions, let me assure you that EPA will continue to base all of our public health protections on two key principles: the law and the best science. Allow me to focus on two current activities.

On March 16, after 20 years in the making, EPA proposed the first ever national standards for mercury and other toxic air pollution from power plants. While many power plants already comply, the standards will level the playing field by requiring additional power plants to install widely available, proven pollution control technologies.

Deployment of these technologies will prevent an estimated:

                      • 17,000 premature deaths
                      • 11,000 heart attacks
                      • 120,000 cases of childhood asthma symptom
                      • 11,000 cases of acute bronchitis among children
                      • 12,000 emergency room visits and hospital admissions
                      • 850,000 days of work missed due to illness

This proposed rule, which is going through a public comment process, is the product of significant outreach to industry and other stakeholders.

As we work at EPA to cut down on mercury and other toxins from power plants, we’re also trying to reduce sulfur dioxide and nitrogen oxide through the “Clean Air Transport Rule” we proposed last year.

This rule requires 31 states and the District of Columbia to reduce their emissions of these two pollutants—which contribute to ozone and fine particle pollution across state lines—thereby significantly improving air quality in cities across the U.S. Utilities can achieve these reductions by investing in widely available technology.

Once finalized, this rule will result in more than $120 billion in health benefits each year. EPA estimates this rule will protect public health by avoiding:14,000 to 36,000 premature death

                    • 21,000 cases of acute bronchitis
                    • 23,000 nonfatal heart attacks
                    • 240,000 cases of aggravated asthma
                    • 440,000 cases of upper and lower respiratory symptoms
                    • 26,000 hospital and emergency room visits
                    • 1.9 million days of work or school missed due to illness

These numbers represent a major improvement in the quality of life for literally millions of people throughout the country—especially working families, children, and older Americans.

While some argue that public health protections are too costly, history has repeatedly shown that we can clean up pollution, create jobs, and grow our economy all at the same time.

Over the 40 years since the Clean Air Act was passed, the U.S. Gross Domestic Product grew more than 200%. In fact, some economic analysis suggests that the economy is billions of dollars larger today than it would have been without the Act.

Simply put, the Clean Air Act saves lives and strengthens the American workforce. As a result, the economic value of clean air far exceeds the costs. Expressed in dollar terms, the benefits of the Clean Air Act Amendments of 1990 alone are projected to reach approximately $2 trillion in 2020, with an estimated cost of $65 billion in that same year—a benefit to cost ratio of more than 30 to 1.

With legislation pending in Congress to weaken and gut this proven public health protection law, I urge this committee to stand up for the hundreds of millions of Americans who are directly or indirectly affected by air pollution.

I look forward to your questions.

EPA Region 4 to Extend NPDES General Permit for Stormwater Discharges from Construction Activities on Tribal Lands

. The proposal extends the expiration date from August 31, 2011, to September 1, 2012. Comments on the proposal to modify the expiration date of the Region 4 Construction General Permit (CGP) must be postmarked by July 11, 2011.

 

 

Ecology Adopts Fee Changes for Air Permit Work

The Washington Department of Ecology (Ecology) has adopted fee changes to cover the full cost of services the agency provides for pre-construction air quality permits.

Under Washington’s Clean Air Act, businesses or other entities that want to build a new source of air pollution, or modify an existing source, must obtain an air quality permit before they can start construction. By law, Ecology’s Air Quality Program charges a fee to pay for this permit work.

The state Legislature eliminated general taxpayer funding support for that permit work. Lawmakers authorized Ecology to increase the fee that applicants pay to cover the full cost of reviewing and approving their pre-construction permits.

The fee increase does not expand the permit program or add new staff. It simply provides the funding needed to run the program without dipping into General Fund tax dollars.

The fee changes take effect July 1, 2011. Ecology conducted a public comment period on the proposed fee changes from mid-March to mid-April this year. The agency also held public hearings in April in Lacey, Ellensburg, and Spokane.

This action fits exemption criteria in Governor Chris Gregoire’s November 17, 2010, executive order, which suspended non-critical rule work until the end of 2011. The revised fee will address a budget issue and allow the permit program to continue operating without delays in permit approval.

EPA Improves Clean-Air Permitting in Indian Country

EPA has finalized rules to ensure that Clean Air Act permitting requirements are applied consistently to facilities in Indian country to better protect the health of people living near them. This action will provide tribes with the tools they need to ensure that newly built or expanding facilities meet these requirements, while giving industries the flexibility to choose the most practical and cost effective way to do so. These steps were developed after considering public input from key stakeholders including tribes, industry, and states. Pollutants covered under these permits, such as sulfur dioxide and particles, can cause a number of serious health problems including aggravated asthma, increased emergency room visits, heart attacks, and premature death.

“These actions will limit harmful pollutants, provide the health protections tribal families deserve and allow for an open and transparent permitting process,” said Gina McCarthy, assistant administrator for EPA’s Office of Air and Radiation. “The actions also bring clean air permitting programs for Indian country in line with state and federal programs.”

The actions identify clear requirements for issuing clean air permits to sources in Indian country and set specific timelines for phasing them in. The rules establish the federal process to issue permits to large sources, those emitting more than 100 tons per year, in areas of Indian country that do not meet national air quality standards, and to register smaller sources, those emitting less than 100 or 250 tons per year in all areas of Indian country. A rule already in place lays out requirements for EPA to issue permits to major sources in areas of Indian country that meet national air quality standards. The new rules fill an important gap in the nation’s air program that will foster economic development in Indian country in a way that protects the health of tribes, a group that shares the same environmental justice concerns as other low-income and minority communities.

The program ensures that appropriate emission control technology is installed at new plants or existing plants that undergo a modification.

Administrator Jackson Tours WaterSense Manufacturing Facility to Highlight Products that Conserve Water

Moen is the 2010 WaterSense Manufacturer Partner of the Year. During the visit, Administrator Jackson spoke with laboratory employees and viewed the lab where Moen’s WaterSense labeled products are designed and tested to ensure plumbing appliances save consumers water and money.

“Americans want to conserve and protect our nation’s waters, which is clear not just in the priorities they express to the EPA and elected officials, but also through the products they buy and the decisions they make as consumers,” said EPA Administrator Lisa P. Jackson. “For five years, EPA’s WaterSense program has empowered consumers to save money and conserve valuable water resources. We’re proud to see companies like Moen leading the way, creating jobs for American workers across the country at the same time they’re helping American families save money and protect the environment.”

EPA and its WaterSense partners have helped Americans save 125 billion gallons of water and more than $2 billion in water and energy bills. By reducing water consumption, the program has reduced 6 million metric tons of carbon dioxide emissions, protecting the health of Americans.

WaterSense brings together local water utilities, governments, product manufacturers, and retailers to promote water efficiency, and enhance the market through innovation and product design for water efficient products, programs, and practices.

Water saving tips:

  • Watch your water meter. To determine if you have leaks, take a meter reading and don’t use water in your home for two hours. If the reading has changed during that time, you may have a leak.
  • Avoid watering the sidewalk. As much as 50% of water used outside is lost due to wind, evaporation, and runoff due to overwatering. Make sure sprinklers only spray on plants.
  • Turn off the tap. When you are flossing or brushing your teeth turn off the tap. Leaving the faucet on could be wasting eight gallons of water while you are brushing.
  • End wasted water in the kitchen. Scrape dishes with a rubber spatula instead of rinsing and run the dishwasher only for full loads.
  • Replace fixtures with WaterSense. When it comes time to replace an old plumbing fixture, look for a WaterSense label to save water and protect the environment.

Launched in 2006, WaterSense is a partnership program sponsored by EPA that seeks to protect the future of our nation’s water supply by offering people a simple way to use less water with water efficient products, new homes, and services. More than 2,300 partners have produced and promoted 3,700 different models of WaterSense labeled toilets, faucets, showerheads, flushing urinals, and new homes. Nearly 53 million products have earned the WaterSense label to date.

New Orleans Plant Owner and His Company Sentenced on Environmental Crimes

A New Orleans man, who owned a now closed wastewater treatment facility in Vacherie, Louisiana has been sentenced on one count involving violations of his facility’s Louisiana Pollution Discharge Elimination System permit. Armant Environmental Services, LLC (AES), pled guilty to three counts involving violations of its facility’s Louisiana Pollution Discharge Elimination System permit.

Charles Earnest Toth, Jr., 46, owner and president of AES, also plead guilty to operating his facility in a manner that allowed for an illegal discharge. AES plead guilty to allowing for the illegal dumping of untreated wastewater on the ground, bypassing proper treatment by breaking a pipe, and failing to operate and maintain a proper treatment system.

Toth was arrested by DEQ’s Criminal Investigation Division in June 2009, after a lengthy investigation by DEQ-CID, the Louisiana Environmental Crimes Task Force, and DEQ civil inspectors found that AES was routinely dumping loads of untreated wastewater on the ground, thereby bypassing the treatment facility at AES. DEQ staff took soil samples on the property and determined there were chemicals related to oil and petroleum products around broken pipes on the ground.

Judge Alvin Turner, Jr., of the 23rd Judicial District Court of Louisiana, sentenced AES on 3 separate counts to pay $150,000 in total fines. AES was also levied with special conditions of probation to pay $15,000 to DEQ for costs of its investigation; along $10,000 to Keep Ascension Beautiful; $10,000 to Keep St. James Beautiful; and $10,000 to Keep Assumption Beautiful. AES was placed on supervised probation for five years and ordered to remediate the site to the satisfaction of DEQ. Toth was sentenced to pay a $5,000 fine and two years of unsupervised probation.

“DEQ will continue to aggressively prosecute any facility representative who willfully and knowingly chooses to dump untreated wastewater in order to avoid the environmental and legal responsibilities clearly mandated in their discharge permit,” said DEQ Secretary Peggy Hatch. “Facility owners and representatives whose business practices serve to violate drinking water protection regulations will be investigated and prosecuted to the fullest extent of the law.”

The case was prosecuted by District Attorney Ricky Babin of the 23rd Judicial District’s District Attorney’s Office and DEQ-CID Attorney Mike Daniels, in his capacity as a Special Assistant District Attorney.

Civil Lawsuit Filed Against Greka Oil & Gas Inc., for Oil Spills in Santa Barbara County

The United States, the California Department of Fish and Game, and the Central Coast Region of the California Regional Water Quality Control Board, have filed a civil complaint in federal court against Greka Oil & Gas Inc., now known as HVI Cat Canyon Inc., alleging that the company violated federal and state water laws.

According to the complaint, announced by the Department of Justice, the EPA, the Central Coast Region of the California Regional Water Quality Control Board, and the California Department of Fish and Game, Greka illegally discharged crude oil and produced water from its oil and gas production facilities in Santa Barbara County during 21 spills between June 2005 and December 2010. The spills resulted from ruptured storage tanks, corroded pipelines, and overflowing injection ponds. Oil from each of the spills flowed into nearby waterways.

The complaint, filed in U.S. District Court for the Central District of California, also alleges that at 12 facilities, Greka failed to prepare plans and implement measures required by the Clean Water Act to prevent, contain, and respond to spills.

The lawsuit asks the court to order Greka to take all appropriate action to prevent future spills, and to fully implement the oil pollution prevention requirements of the Clean Water Act. The United States and the two California state agencies also seek civil penalties up to the maximum amount authorized by law.

In addition, the United States seeks the recovery of $2.4 million in costs incurred responding to and directing the cleanup of Greka’s spills. The California Department of Fish and Game also seeks the recovery of its unpaid response costs and damages for harm caused to natural resources by the spills.

In May 2011, Greka changed its name to HVI Cat Canyon Inc. The company is a privately held Colorado corporation and a wholly owned subsidiary of Greka Integrated Inc.

Akron Gas Station Ordered to Pay Civil Penalties for Air Pollution

A Summit County Judge has ordered the operators of an Akron gas station to pay civil penalties and attorneys’ fees totaling of $44,096 for years of noncompliance with Ohio’s air pollution laws, Ohio Attorney General Mike DeWine has announced.

Summit County Common Pleas Judge Paul J. Gallagher entered a Judgment by Default ordering Gas Express, Inc., and its operators, Ali Kahook, Wafa Kahook, and Nasser Kahook, to pay a civil penalty of $39,860 and attorneys’ fees in the amount of $4,236 for their violations. The judge found that the gas dispensing facility operated without passing required testing, failed to properly maintain the facility’s vapor control system, failed to keep required records, and operated without a permit.

“It is very important that individual gas station owners take responsibility to properly maintain their systems,” said Ohio EPA Director Scott Nally. “Ohio EPA is available to provide assistance to help gas station owners achieve compliance, but we will take action when owners continually fail to comply.”

“The Attorney General’s Office works with Ohio EPA in our joint roles of enforcing our laws to protect the environment and Ohio families. This judgment shows that repeated failure to follow Ohio’s air pollution laws will not be tolerated,” said Attorney General DeWine.

Assistant Attorney Generals Chris Kim and Sarah Bloom Anderson of the Attorney General’s Office’s Environmental Enforcement Section represented the State in the case. The State’s witnesses included experts from Ohio EPA and the Akron Regional Air Quality Management District.

City of Houston Wins Mayors’ Climate Protection Award

The U.S. Conference of Mayors announced that the City of Houston’s Mayor Annise Parker has received the 2011 U.S. Conference of Mayors’ Climate Protection Award. The Awards ceremony is being held in conjunction with the U.S. Conference of Mayors’ annual meeting.

 

“The Houston Green Office Challenge is one of the many ways that the City of Houston is sponsoring and promoting citywide participation using sustainability initiatives,” said Al Armendariz, EPA Regional Administrator. “We are proud to have provided the key tools and resources that helped make it a success.”

Houston launched a first-time Energy Efficiency Incentive Program for participating building owners and managers. The $3 million program provides incentives to offset 20% of up-front implementation costs (up to $200,000) for an energy efficiency project. Over half the funds have been set aside for Class B and C buildings, and buildings with projects less than $500,000.

Houston Green Office Challenge relies heavily on ENERGY STAR tools and resources. Participants measure and track their building’s monthly energy use with EPA’s online tool, Portfolio Manager. They also participate in monthly EPA training sessions on improving energy performance in buildings. More than 330 organizations participate in the Challenge, including city-owned buildings.

For the past three years, the Houston metropolitan area has appeared on the EPA’s annual “Top 10 List,” which ranks U.S. cities with the most ENERGY STAR certified buildings. Mayor Parker has announced a goal to make Houston number one in the country for ENERGY STAR certified buildings.

The Awards Program also recognizes mayors for innovative practices designed to increase energy efficiency and curb climate change. An independent panel of judges selected the winners from a pool of more than 100 applicants.

New Hampshire DES Recognizes White Mountain Auto Brokers for Environmental Achievement

The New Hampshire Department of Environmental Services (DES) recently recognized White Mountain Auto Brokers in Dalton for becoming a NH Certified Green Yard, a distinction reserved for auto salvage yards that use exemplary environmental work practices. The requirements for becoming a Certified N.H. Green Yard were developed by DES, working with the New Hampshire Auto & Truck Recyclers Association (NHATRA). The program is one of several initiatives the DES is implementing to improve environmental performance at auto salvage yards and provide incentive for going beyond compliance.

Tara Mae Albert of the DES Solid Waste Management Bureau presented Brian Lee, the owner of White Mountain Auto Brokers, with a certificate and Certified N.H. Green Yard flag for display at the auto salvage yard.

White Mountain Auto Broker, Inc., was founded in 1992. Owners Brian and Patricia Lee have focused on upgrading their salvage yards, training employees in environmentally sound and sustainable work practices, and acquiring the expertise and equipment to operate the facility consistent with Certified N.H. Green Yard standards.

“Automotive recycling is the largest segment of the recycling industry nationally,” said company President Brian Lee. “We’ve worked hard to become a Certified N.H. Green Yard because it’s good business. We appreciate all the assistance we’ve received from DES in working with us. These green practices will help keep our North Country environment clean while providing jobs and a proper destination for end-of-life auto vehicles.”

According to NHATRA President Jeff Kantor, New Hampshire’s auto salvage yards recycle over 50,000 end-of-life vehicles yearly. “That’s enough cars to fill both lanes of Interstate 93 from Concord to Littleton,” Kantor explained. “Our association is working hard to change the negative view many people have of the auto salvage industry. For example, many people don’t realize that auto recyclers typically recover and recycle, by weight, 85% of the material content of a motor vehicle, making automobiles the number one consumer product being recycled today. Now, when you see a Certified N.H. Green Yard flag at a salvage yard, you will know the owner is helping to take care of New Hampshire’s environment.”

The DES has been working with over 150 auto salvage yards throughout the state to improve environmental practices and to bring them into compliance with existing state and federal environmental requirements. 

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Trivia Question of the Week

EPA’s WaterSense program identifies products that use how much less water than standard models?a. 5%
b. 10%
c. 15%
d. 20%