Maryland Attorney General Douglas F. Gansler announced that Calvert County resident Glen Wright Smith, has pled guilty to all 10 felony environmental violations filed against him for illegally handling and disposing of highly toxic mercury. Smith, of Owings, Maryland, was the owner/operator of USA Lights, a Beltsville company that recycled fluorescent light bulbs. Anne Arundel County Circuit Court Judge William Mulford, II scheduled sentencing for February 29.
“The mercury was improperly handled, stored and discarded, posing a serious health threat to the warehouse workers and the environment,” said Attorney General Gansler. “When done right, recycling protects people and property from toxic chemicals, while preserving our natural resources. When done wrong, this office will seek heavy fines and time behind bars in the name of those same people and the environment in which they work and live.”
The Maryland Department of the Environment (MDE) inspected Smith’s warehouse facility in May 2009 and found numerous drums and boxes being used for disposal of spent mercury. The subsequent investigation revealed that none of the employees was provided either protective gear or training on how to properly separate and handle the hazardous mercury by-products as required by law. The employees also revealed that they did not even know how dangerous mercury was until inspectors informed them. Training was eventually completed in July 2009.
After MDE attempted to work with the company, the Attorney General’s Environmental Crimes Unit was contacted in February 2010 and the subsequent investigation uncovered multiple examples of improperly stored mercury by-products and a layer of white dust surrounding the boxes and drums, suspected of being used to store crushed mercury from the recycling process.
In April 2010, Glen Smith abandoned the USA Lights facility, without cleaning or securing any of the on-site materials. The Environmental Crimes Unit executed a search and seizure warrant and took numerous samples from throughout the facility for testing. The vast majority of the results showed levels of mercury that exceeded acceptable limits and deemed hazardous to human health.
Hazardous mercury levels, such as those found at USA Lights, can have serious health consequences as it is inhaled as a vapor and absorbed through the lungs. Exposed individuals can suffer injury and illness ranging from skin irritation to tremors, neuromuscular damage, loss of cognitive functioning and memory loss. Mercury is a controlled hazardous substance for which there are strict handling, storage, and permit requirements so that the State can monitor the substance.
The Court has been advised that the State is seeking incarceration as well as significant monetary penalties against Smith.
Indianapolis RCRA, DOT, and IATA/IMO Training
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How to Prepare for OSHA Adoption of the GHS for Classification and Labeling of Chemicals
This means that virtually every product label, material safety data sheet (soon to be called “safety data sheet”), 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 MSDSs.
Environmental Resource Center is offering webcast training for you to learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented. Register early to ensure your spot in this upcoming session by registering online or calling 1-800-537-2372.
Safety Consultant/Trainer
Environmental Resource Center has a new opening for a safety consultant and auditor. We are looking for a former OSHA CSHO, OSHA trainer, or state inspector for this position in our Cary, North Carolina, office. Applicants should have excellent writing and speaking skills and be willing to travel 7–14 days per month. We are looking for an expert in all of the General Industry and Construction standards who is capable of performing audits of industrial facilities as well as conducting on-site training.
Strong consideration will be given to applicants who also have experience providing HAZWOPER, Hazcom, lockout/tagout, confined spaces, and machine guarding training.
The position includes maintenance of training materials (books and presentations), working on consulting projects, development of classes and computer-based training programs, and ensuring customer satisfaction.
Miracle Tree Substance Produces Clean Drinking Water Inexpensively and Sustainably
Research on the potential of a sustainable water-treatment process requiring only tree seeds and sand appears in ACS’ journal, Langmuir.
Stephanie B. Velegol and colleagues explain that removing the disease-causing microbes and sediment from drinking water requires technology not always available in rural areas of developing countries. For an alternative approach, Velegol looked to Moringa oleifera, also called the “miracle tree,” a plant grown in equatorial regions for food, traditional medicine, and biofuel. Past research showed that a protein in Moringa seeds can clean water, but using the approach was too expensive and complicated. So Velegol’s team sought to develop a simpler and less expensive way to utilize the seeds’ power.
To do that, they added an extract of the seed containing the positively charged Moringa protein, which binds to sediment and kills microbes, to negatively charged sand. The resulting “functionalized,” or “f-sand,” proved effective in killing harmful E. coli bacteria and removing sediment from water samples. “The results open the possibility that f-sand can provide a simple, locally sustainable process for producing storable drinking water,” the researchers say.
Contractor Pleads Guilty to Illegal Waste Disposal
A Louisiana contractor admitted in 9th Judicial District Court to illegally disposing of wastes. Walter Monroe Smith, Sr., of Pineville, Louisiana, the owner of Rapides Roofing and Home Repair, pled guilty to two separate felony counts of illegally disposing of wastes that endangered or could have endangered human life or health.
In February 2009, Louisiana Department of Environmental Quality (DEQ) criminal investigators responded to a complaint regarding burning shingles containing asbestos. The shingles were collected from a roofing job, performed by Smith’s company, on the city of Pineville’s police detective’s building. Further investigation revealed that Smith instructed employees of his company to set fire to piles of shingles on his property located in Deville. As a result, Smith was charged by James Downs, the Rapides District Attorney, in September 2009.
In September 2010, Smith instructed another employee to set fire to roofing shingles, tire rims, plastics products, and other solid wastes at another site in Deville. Smith was arrested by investigators from DEQ’s Criminal Investigation Division for the second incident, and again charged by the Rapides Parish District Attorney’s Office.
“There are a few business owners in the state who choose to skirt environmental and health laws by disposing of waste in an illegal and improper fashion,” said DEQ Secretary Peggy Hatch. “DEQ’s mission is to aggressively investigate and prosecute anyone found to be in violation of the very laws that have been put in place to protect human health and the environment. We will continue to work with our local, state and federal partners to ensure such violators are brought to justice.”
In accepting Smith’s plea, the Honorable Thomas M. Yeager ordered Smith to pay a $3,000 fine, to reimburse Louisiana DEQ the amount of $2,000 for the cost of investigation, and to reimburse the Rapides District Attorney’s office the amount of $1,000 for the cost of prosecution. Yeager sentenced Smith to five years of hard labor, suspended, plus three years of probation. Smith was also ordered to publish a public apology in the local newspaper.
Independent Expert Science Panel Releases Report on Potential Health Effects of Wind Turbines
An independent panel of experts studying potential health impacts of wind turbines has issued its report, Wind Turbine Health Impact Study: Report of the Independent Expert Panel. The Massachusetts Department of Environmental Protection (MassDEP) convened the panel in collaboration with the Massachusetts Department of Public Health (MDPH). The panel was composed of physicians and scientists with broad expertise in areas including acoustical noise/infrasound, public health, sleep disturbance, mechanical engineering, epidemiology, and neuroscience. Three public meetings on the report will be held in February as part of a 60-day comment period. The independent report was proactively sought to help address questions that have been raised by members of the public about potential human health impacts associated with proximity to wind turbines. The panel was asked to identify any documented or potential human health impacts or risks that may be associated with exposure to wind turbines in order to facilitate discussion of wind turbines and public health based on the best available science. The panel was also asked to offer suggestions relative to best practices.
Due to the high level of interest in the panel’s findings, the report is being made available to the public at the same time it is being reviewed by the agencies.
“This is a complex issue that the panel spent many months studying. We took our work very seriously,” said panel member Wendy Heiger-Bernays, PhD, who is an Associate Professor of Environmental Health at the Boston University School of Public Health. “By reviewing the available data and information, we believe that we have significantly added to the understanding of the potential for health effects from wind turbines.”
“We appreciate the hard work of the independent expert panel to evaluate the issues and complete this report, which will help inform future discussions with the public on wind turbines,” MassDEP Commissioner Kenneth Kimmell said. “It is extremely important that we have the best science available to us as we make decisions on wind energy.”
“We appreciate the thoroughness of the report made possible by the particular expertise of the panel members,” Public Health Commissioner John Auerbach said. “We will continue to work closely with MassDEP as we solicit feedback on the report during the public comment period.”
Among the key findings of the panel are:
- There is no evidence for a set of health effects from exposure to wind turbines that could be characterized as a “Wind Turbine Syndrome.”
- Claims that infrasound from wind turbines directly impacts the vestibular system have not been demonstrated scientifically. Available evidence shows that the infrasound levels near wind turbines cannot impact the vestibular system.
- The weight of the evidence suggests no association between noise from wind turbines and measures of psychological distress or mental health problems.
- None of the limited epidemiological evidence reviewed suggests an association between noise from wind turbines and pain and stiffness, diabetes, high blood pressure, tinnitus, hearing impairment, cardiovascular disease, and headache/migraine.
- There is limited epidemiologic evidence suggesting an association between exposure to wind turbines and annoyance. There is insufficient epidemiologic evidence to determine whether there is an association between noise from wind turbines and annoyance independent from the effects of seeing a wind turbine and vice versa.
- There is limited evidence from epidemiologic studies suggesting an association between noise from wind turbines and sleep disruption. In other words, it is possible that noise from some wind turbines can cause sleep disruption. Whether annoyance from wind turbines leads to sleep issues or stress has not been sufficiently quantified. While not based on evidence from wind turbines, there is evidence that sleep disruption can adversely affect mood, cognitive functioning, and overall sense of health and well-being.
- Scientific evidence suggests that shadow flicker does not pose a risk for eliciting seizures as a result of photic stimulation. There is limited scientific evidence of an association between annoyance from prolonged shadow flicker (exceeding 30 minutes per day) and potential transitory cognitive and physical health effects.
The panel’s charge did not include investigating or addressing reported problems at any particular turbine installation, though the panel did receive extensive public comment, including comments from residents who live near wind turbines. Instead, the panel was tasked with reviewing extensive existing information within their areas of expertise to determine the potential for health effects. They looked at both peer-reviewed and non-peer-reviewed studies. A public comment period on the report is now open until Monday, March 19 at 5:00 p.m.
National Strategy Proposed to Respond to Climate Change’s Impacts on Fish, Wildlife and Plants
In partnership with state, tribal, and federal agency partners, the Obama Administration released the first draft national strategy to help decision makers and resource managers prepare for and help reduce the impacts of climate change on species, ecosystems, and the people and economies that depend on them.
The strategy represents a draft framework for unified action to safeguard fish, wildlife, and plants, as well as the important benefits and services the natural world provides the nation every day, including jobs, food, clean water, clean air, building materials, storm protection, and recreation.
“The impacts of climate change are already here and those who manage our landscapes are already dealing with them,” said Deputy Secretary of the Interior David J. Hayes. “The reality is that rising sea levels, warmer temperatures, loss of sea ice and changing precipitation patterns—trends scientists have definitively connected to climate change—are already affecting the species we care about, the services we value, and the places we call home. A national strategy will help us prepare and adapt.”
Congress called for a national, government-wide strategy in 2010, directing the President’s Council on Environmental Quality (CEQ) and the Department of the Interior (Interior) to develop it. CEQ and Interior responded by assembling an unprecedented partnership of federal, state, and tribal fish and wildlife conservation agencies to draft the strategy. More than 100 diverse researchers and managers from across the country participated in the drafting for the partnership.
The partnership is co-led by Interior’s US Fish and Wildlife Service, the Department of Commerce’s National Oceanic and Atmospheric Administration (NOAA), and the New York State Department of Environmental Conservation, representing state fish and wildlife agencies. The strategy will guide the nation’s efforts during the next five years to respond to current and future climate change impacts such as changing species distributions and migration patterns, the spread of wildlife diseases and invasive species, the inundation of coastal habitats with rising sea levels, and changes in freshwater availability with shifting precipitation and habitat types. The strategy does not prescribe mandatory activities that agencies must take nor suggest regulatory actions; rather, it provides a roadmap for decision makers and resource managers to use in considering climate change implications to their ongoing wildlife and habitat management activities.
- Descriptions of current and projected impacts of climate change on the eight major ecosystems of the US; the fish, wildlife, and plant species those ecosystems support; and the vital ecosystem services they provide;
- Goals, strategies, and actions to reduce the vulnerability and increase the resilience of fish, wildlife, plants, and the communities that depend on them in the face of climate change;
- Collaborative strategies and actions that agriculture, energy, transportation, and other sectors can take to promote adaptation of fish, wildlife, and plants, and utilize the adaptive benefits of natural resources in their climate adaptation efforts; and
- A framework for coordinated implementation of the strategy among government and non-governmental entities from national to local scales.
“This strategy provides a framework for safeguarding America’s fish, wildlife and plant resources and the valuable services they provide over the long-term,” said Jane Lubchenco, Ph.D., undersecretary of commerce for oceans and atmosphere and NOAA administrator. “NOAA is committed to working with federal, state, tribal and local government agencies, nongovernment organizations and the public in this process because we all have important roles to play in preparing all regions of our nation in a changing climate.”
Leading the development of the strategy is a Steering Committee that includes government representatives from 16 federal agencies, five state fish and wildlife agencies, and two inter-tribal commissions. The Steering Committee includes representatives from the California, Washington, Wisconsin, New York, and North Carolina fish and wildlife agencies to ensure that all 50 states’ fish and wildlife concerns are considered. The Association of Fish and Wildlife Agencies is providing staff support for developing the strategy.
Written comments may be submitted via the US mail to the Office of the Science Advisor, Attn: National Fish, Wildlife, and Plants Climate Adaptation Strategy, US Fish and Wildlife Service, 4401 N. Fairfax Drive Suite 222, Arlington, VA 22203. In addition, there will be five public information sessions in various locations around the country and two webinars to provide details and encourage dialogue on the strategy and its development.
New York Proposes Regulations to Analyze Possible Environmental Impacts and Limit CO2 Emissions from Power Plants
The proposed regulations are the first in the country to require an environmental justice analysis in the siting of major electric generating facilities.
Additional regulations proposed by DEC will limit carbon dioxide (CO2) emissions from new major electric generating facilities and certain expansions at existing electric generating facilities.
DEC developed the proposed regulations (6 NYCRR Part 487 and 6 NYCRR Part 251) as required by the Power NY Act of 2011, which Governor Andrew M. Cuomo signed into law in August 2011.
The proposed regulations in Part 487 will establish a regulatory framework to analyze environmental justice issues associated with the siting or expansion of major electric generating facilities, the first of their kind in the nation.
During the siting of major electric generating facilities, the proposed regulations require applicants to evaluate the significant and adverse disproportionate environmental impacts, if any, which may result from the facility’s construction or operation.
“Negative environmental impacts from industrial operations like power plants often disproportionately affect environmental justice communities,” DEC Commissioner Martens said. “Under our proposed regulations, an applicant must undertake an environmental justice analysis if a proposed electric generating facility’s potential adverse environmental and public health impacts may affect an environmental justice area. Our proposed regulations are the first in the nation that seek to protect public health and the environment in overburdened communities.”
The draft regulations require applicants to evaluate:
- The significant and adverse disproportionate environmental impacts of a proposed major electric generating facility, if any, resulting from its construction or operation;
- The cumulative impact on air quality; and
- The demographic, economic, and physical description of the community where the facility will be located, compared and contrasted to the county and adjacent communities
The proposed regulations in Part 251 would establish CO2 emission limits for proposed new major electric generating facilities that have a generating capacity of at least 25 megawatts, and for increases in capacity of at least 25 megawatts (MW) at existing electric generating facilities.
“Carbon dioxide emissions are chief contributors to climate change,” Martens said. “We are proposing CO2 emissions limits for new and expanding power plants to further reduce the carbon footprint of New York’s power sector.”
The proposed carbon dioxide emission regulations will:
- Set a CO2 emission limit of 925 lb/MW-hr (output-based limit) or 120 lb/MWBtu (input-based limit) for most new or expanded base load fossil fuel-fired plants;
- Set a CO2 emission limit of 1450 lb/MW-hr (output-based limit) or 160 lb/MWBtu (input-based limit) for simple cycle combustion turbines;
- Allow each facility’s owner or operator to choose whether to comply with the relevant output-based or input-based emission limits; and
- Provide for DEC to set case-specific CO2 emission limits for certain power plants that fire non-fossil fuels require recordkeeping, monitoring, and reporting consistent with existing state and federal regulations.
Under existing regulations, power plants in the state are required to comply with New York’s Regional Greenhouse Gas Initiative (RGGI) program, as well as certain federal requirements regarding greenhouse gas emissions. The proposed Part 251 will, for the first time, establish a specific limit on the allowable CO2 emission rate of new and expanded power plants and will make New York one of only a few states in the country with a CO2 performance standard for both new and expanding power plants.
New Tools to Help Manage Electricity Use
Recently, US Chief Technology Officer Aneesh Chopra joined utility and technology executives in Silicon Valley to announce several new online tools that will allow consumers in California and other states to download their household energy use information and help them save energy and money.
Central to this announcement, two of California’s three largest utilities—Pacific Gas & Electric and San Diego Gas & Electric—launched “Green Button,” a new feature on their websites that will let nearly six million households representing about 17 million electricity consumers download their own detailed energy usage information with a simple click of a button. In addition, Southern California Edison (California’s second largest utility), Glendale Power & Light, Oncor, Pepco Holdings Inc., and several other utilities across the country that collectively serve an additional 11.3 million households also plan to make the feature available later this year.
Access to data on household energy use is crucial to helping consumers conserve energy and save money. Because Green Button is designed around an open data standard that is available to all, it is already spurring a burst of innovation among website and software developers interested in using that standard to provide novel services—from information about how to save energy, or choose appropriately sized solar panels, to fun apps that allow individuals to compete against Facebook friends to save energy. The Green Button is also expected to support a new generation of interactive thermostats and virtual energy audits that will recommend energy-efficiency retrofit improvements for homes and businesses.
“Green Button marks the beginning of a new era of consumer control over energy use, and local empowerment to cut waste and save money,” said Chopra, who also serves as Associate Director of Technology at the White House Office of Science and Technology Policy. “With the benefits of open data standards, American app developers and other innovators can apply their creativity to bring the smart grid to life for families—not only in California but in communities all across the Nation.”
Chopra was joined by Administration officials from the US Department of Energy and the National Institute of Standards and Technology, who celebrated the launch of Green Button at a Silicon Valley Leadership Group event that also featured utility CIOs and entrepreneurs from leading smart grid, energy efficiency, and solar financing companies.
Among the related announcements made at the event:
- Winners of the competition will split a total of $50,000 in prize money donated by challenge sponsors AT&T, San Diego Gas & Electric, CONNECT, and CleanTech San Diego.
- Private-sector vendors described new “Upload Your Green Button Data Here” websites and applications that will help consumers track and manage their energy use and save money, and one vendor announced plans to open an online Green Button “app store.” (The Department of Energy and its National Renewable Energy Laboratory also plan to highlight Green Button apps on their energy information portal.)
- The North American Energy Standards Board, which developed the data standard on which the Green Button is based, said it would make a “startup kit” available to help app developers, students, and others take full advantage of Green Button.
“Providing consumers with easy access to data on their energy consumption can help give them the tools they need to make informed decisions about their energy use,” Secretary Chu said then. “Developing applications and services to help consumers understand and control their energy use is a field ripe for American innovation.”
Although inspired by a government challenge to industry, the Green Button uses new consumer- and computer-friendly technology standards that were developed by industry in a consensus process and was supported and accelerated by a public-private partnership, the Smart Grid Interoperability Panel.
Kentuckians Convicted of Lacey Act Crimes for Illegally Harvesting Paddlefish Caviar
Two Kentuckians and their caviar companies pleaded guilty in the US District Court for the Southern District of Ohio to trafficking in and falsely labeling illegally harvested paddlefish (Polydon spathula). Steve Kinder, along with his wife, Cornelia Joyce Kinder, both of Owenton, Kentucky, owned and operated Kinder Caviar Inc., and Black Star Caviar Company. Those companies were in the business of exporting paddlefish eggs as caviar to customers in foreign countries.
Paddlefish, whose eggs are marketed as caviar, are protected by both federal and Ohio law. Ohio law prohibits commercial fishing for paddlefish. Ohio law also prohibits the possession or use of gill nets. The Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES), which is codified in US law through the Endangered Species Act, regulates international trade in certain species listed on one of three Appendices. Paddlefish are listed on Appendix II of CITES. Appendix II species, or their parts, which were harvested in the US, may be exported only if they are accompanied by a valid export permit issued by the US Fish & Wildlife Service (USFWS).
Among other things, the Lacey Act makes it a crime to transport or sell fish, or their parts, knowing that the fish were harvested in violation of any state’s law; and makes it a crime to make or submit a false record, account or label for, or false identification of, fish or fish parts which were, or were intended to be, exported, transported, or sold.
According to the plea agreement filed in US District Court in Cincinnati, Cornelia Joyce Kinder admitted to making false statements on behalf of Kinder Caviar in a CITES Export Registration Form for paddlefish eggs on or about March 15, 2007. Specifically, Cornelia Joyce Kinder misrepresented the amount of legally-harvested paddlefish eggs that she could provide documentation for, as well as misidentified the fishermen who harvested the paddlefish and the location of harvest.
As part of a plea agreement, Cornelia Joyce Kinder also admitted to making false statements on behalf of Black Star Caviar Company in a CITES Export Registration Form for paddlefish eggs on or about December 18, 2010. Specifically, Cornelia Joyce Kinder completed the form using the name of a subordinate employee and forged that employee’s signature on the form in order to give the impression that she was not the applicant.
According to the plea agreement, both Steve Kinder and Cornelia Joyce Kinder admitted to aiding and abetting one another in harvesting paddlefish in Ohio waters, using gill nets attached to the Ohio shoreline, on or about May 5, 2007, and transporting the paddlefish to Kentucky with the intent to sell them when, in the exercise of due care, they should have known that the fish were harvested in violation of Ohio law.
As part of a plea agreement, both Kinder Caviar and Black Star Caviar Company have each agreed to pay a $5,000 fine and serve a three-year term of probation, during which time those companies will be prohibited from applying for or receiving a CITES Export Permit. In addition, both Steve Kinder and Cornelia Joyce Kinder have agreed to serve a three-year term of probation, during which time they will each perform 100 hours of community service, be prohibited from fishing anywhere in the Ohio River where that river forms the border between Ohio and Kentucky, and be prohibited from applying for or receiving a CITES Export Permit, either on behalf of themselves or anyone else. In accordance with Kentucky law, both Steve Kinder and Cornelia Joyce Kinder face possible suspension of their Kentucky commercial fishing licenses.
Also as part of the plea agreement, the boat and truck that were used in furtherance of the Lacey Act crimes have been forfeited.
The case was investigated by the USFWS Office of Law Enforcement; the Ohio Department of Natural Resources, Division of Wildlife; and the Kentucky Department of Fish & Wildlife Resources. The case was prosecuted by Trial Attorney James B. Nelson of the Department of Justice’s Environmental Crimes Section of the Environment and Natural Resources Division, and Assistant US Attorney Laura I. Clemmens of the Southern District of Ohio.
What’s in Your Windshield Washer?
In warm weather VOCs can lead to the formation of ozone; and historically AWWFs had unnecessarily high concentrations that made them substantial contributors to ground level ozone. To reduce these VOCs emissions, AWWFs are now regulated according to the regions of California where they are sold: Type A and Non-Type A areas. Type A areas are regions of the State which typically experience freezing temperatures and require higher VOC content to prevent the fluid from freezing in the reservoir or when applied to the windshield. The current limits are 25% VOC for Type A areas and 1% VOC for all other areas.
Naval Base Fined over $160,000 for Failing to Properly Monitor Fuel Tanks
Naval Base Kitsap Bangor failed to properly monitor pipes and underground fuel storage tanks for leaks on its property in Silverdale, Washington, in violation of federal laws that protect groundwater, according to a settlement with EPA. The Navy will pay nearly $161,000 in fines.
“EPA is working hard to restore Puget Sound and fuel leaks near the shoreline could seriously set us back,” said Peter Contreras, Manager of the Ground Water Unit in EPA’s Seattle office. “Nearby communities also rely on groundwater for drinking water, so preventing releases protects both Puget Sound and public health.”
The violations occurred between 2006 and 2010. The holding capacity of the inspected tanks ranges between 170 gallons and 45,000 gallons.
The Navy has 53 underground storage tanks on the base it uses for storing diesel, used oil, and gasoline. EPA inspectors identified 37 violations including failure to properly monitor the tanks and pipes for leaks; failure to have the proper leak detection equipment installed for the pipes; and failure to provide an adequate alarm system to prevent delivery drivers from overfilling the tanks.
Leaks from underground storage tanks allow toxic fumes and vapors to escape and collect in areas such as parking garages or basements where they can cause explosion or respiratory illness. Toxic contaminants can also leak into groundwater sources that people depend on for drinking water. Regularly monitoring tanks and pipes minimizes contamination risks.
To detect leaks quickly, underground storage tanks must be monitored monthly and the pipes must be equipped with a leak detector and tested annually or monitored monthly. The Navy had the appropriate monitoring equipment in place at most of the sites, but failed to check the monitors on a monthly basis and document that the tanks and pipes were not leaking.
Since the 2010 EPA inspection of the base, the Navy has corrected the violations. The Navy has agreed to provide EPA with documentation showing it is in compliance with proper monitoring.
Contractor to Pay $225,000 for Illegal Dumping into Creek
Thomas Staben illegally filled Calleguas Creek with 40,000 cubic yards of material—the equivalent of about 2,000 large dump truck loads. As part of the settlement, Staben will also spend at least $500,000 on restoration and mitigation projects, including removing the fill and restoring the creek’s natural functions. Calleguas Creek is the main freshwater source for the Mugu Lagoon Estuary, one of Southern California’s largest coastal wetland systems and home to various endangered species.
“Restoring Calleguas Creek is a win for the environment and for the local community,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Today’s settlement signals EPA’s commitment to protect coastal California’s watersheds, and sends a strong message to those who would despoil them.”
Between 2005 and 2006, Staben filled approximately five acres of Calleguas Creek, also known as Arroyo Las Posas, without the necessary Clean Water Act (CWA) permit despite several warnings by the Army Corps of Engineers to stop. The illegal fill substantially reduced the active floodplain in this portion of the creek, increasing potential flooding of adjacent properties and contributing to the bioaccumulation problems harmful to the health of endangered species and other wildlife in Mugu Lagoon. Staben, who has a history of noncompliance dating back to 1989, was cited by the Corps on various occasions for unpermitted work in Calleguas Creek and the Ventura River.
The creek has been the subject of extensive studies and protection efforts at federal, state, and local levels due to its ecological significance and impaired water quality. As part of the restoration project, Staben will remove the illegal fill material, restore the five acres of filled active floodplain, and create another two acres of vegetated embankment buffer between the floodplain and the upland property. Restoration will allow the creek to perform the important ecological functions of recharging groundwater, retaining nutrients, attenuating floodwaters, and providing habitats and movement corridors for wildlife. The project will also address long-term erosion problems of the adjacent property and reduce non-point source pollution.
Staben will also spend $150,000 on mitigation by paying into the Ventura River Watershed Habitat Restoration Fund to help fund the Rice Creek Re-Alignment Project, which aims to create about 9 acres of new stream habitats and help maintain water quality for steelhead in the downstream Ventura River.
The CWA protects the nation’s coasts, rivers, lakes, streams, and wetlands, which are vital to the protection of human health and the environment.
The proposed consent decree for the settlement, lodged with the federal district court on December 30, 2011, is subject to a 30-day comment period and final court approval.
Acid Rain Study Show Substantial Decreases, But More Progress Is Needed
Measurable improvements in air quality and visibility, human health, and water quality in many acid-sensitive lakes and streams, have been achieved through emissions reductions from electric generating power plants and resulting decreases in acid rain. These are some of the key findings in a report to Congress by the National Acid Precipitation Assessment Program, a cooperative federal program.
The report shows that since the establishment of the Acid Rain Program, under Title IV of the 1990 Clean Air Act Amendments, there have been substantial reductions in sulfur dioxide (SO2) and nitrogen oxides (NOx) emissions from power plants that use fossil fuels like coal, gas, and oil, which are known to be the primary causes of acid rain. As of 2009, emissions of SO2 and NOx declined by about two-thirds relative to levels in the 1990s. These emissions levels declined even further in 2010, according to recent data compiled by the EPA.
Because emission reductions result in fewer fine particles and lower ozone concentrations in the air, in 2010 there were thousands fewer premature human deaths, hospital admissions, and emergency room visits annually leading to estimated human health benefits valued at $170 to $430 billion per year.
“The SO2 portion of the program includes the use of a creative emissions cap-and-trade program that combines the best of American science, government, and market-driven innovation,” said Dr. John P. Holdren, director of Office of Science and Technology Policy and assistant to the President for science and technology.
Despite these emission reductions, the report also indicates that full recovery from the effects of acid rain is not likely for many sensitive forests and aquatic ecosystems. For example, in the Adirondack Mountains of New York, an especially sensitive region, 30% of the lakes were receiving acid rain during 2006–08 in excess of the level needed to prevent harm.
Based on models which analyze various emission scenarios, the report concludes that beyond current SO2 and NOx emission levels, future emission reductions would likely promote additional and more widespread recovery as well as to prevent further acidification in some US regions.
“The principal message of this report is that the Acid Rain Program has worked. The emissions that form acid rain have declined and some U.S. areas are beginning to recover,” said Doug Burns, lead author and director of the NAPAP and also a U.S. Geological Survey hydrologist. “However, some sensitive ecosystems are still receiving levels of acid rain that exceed what is needed for full and widespread recovery. We have every reason to believe that recovery will continue with further decreases in emissions which is why further emission reductions would be beneficial.”
The NAPAP reports to Congress on the latest scientific information and analysis concerning the costs, benefits, and environmental effectiveness of the Acid Rain Program, which was established by the Clean Air Act Amendments to reduce the primary sources of acid rain. Member agencies include NOAA; EPA; the Departments of Energy, Interior, and Agriculture; and the National Aeronautics and Space Administration (NASA).
Acid rain occurs when emissions of SO2 and NOx react in the atmosphere with water, oxygen, and oxidants to form acidic compounds. These emissions may be transported hundreds of miles away from their emitting sources, and have the potential to impact large areas and populations.
Together these acidic compounds can damage human health, and in addition to degrading air quality and visibility, can cause further environmental damage, including acidification of lakes and streams, harm to sensitive forests and coastal ecosystems, and accelerate the decay of building materials. Adverse ecological impacts from acid rain include reductions in biodiversity, an increased risk of damaging forest fires, and increased susceptibility of trees to pests, disease, and winter temperatures.
The report also highlights the need for better information including the costs and benefits to ecosystems from emission reductions, consideration of the role of climate change, and the interactions of multiple pollutants.
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Trivia Question of the Week
Video game marketing company TrashTalk FM was fined $7,000 for discharging which of the following into San Francisco Bay:
a. Tea
b. Red balloons
c. A truckload of pink trash
d. 7,000 pink pennies