The Pennsylvania DEP fined EG Systems of Marysville, Ohio, $160,000 in connection with an employee’s deliberate disposal of a pesticide-fertilizer mixture into a small Allegheny County stream. EG Systems does business in the Pittsburgh area as Scotts Lawn Service.
“The results in this case serve notice that DEP will work diligently and tirelessly to protect our streams and waterways,” DEP Southwest Regional Director Susan Malone said.
In June 2010, DEP investigators discovered an EG Systems employee at the Scotts Lawn Service location in Monroeville had built a siphon system connecting an 8,000-gallon holding tank to a gutter downspout drain. The drain empties directly into a storm sewer, which discharges into an unnamed tributary that flows into Thompson Run.
On June 30, 2010, the employee used the siphon to drain five gallons of a mixture of herbicide, insecticide, fertilizer, and water into the drain, in order to test how long it would take to drain a known volume of the material. Neighbors noticed a strong odor coming from the storm sewer, but officials could not pinpoint the source because the discharge was relatively small.
The next day, the employee used the siphon to discharge between 800 and 1,000 gallons of the mixture into the drain. Neighbors again complained about the odor and contacted local police and fire officials. This time, officials found the source and contacted DEP, which notified EG Systems. The company promptly hired an environmental remediation contractor to handle the cleanup.
DEP’s investigation uncovered the employee’s arrangement and resulted in eight violations of the state’s Solid Waste Management Act and the Pennsylvania Clean Streams Law. The agency and the company entered into a Consent Assessment of Civil Penalty. The $160,000 penalty DEP collected goes into the Clean Water Fund, which is used to address pollution issues.
In a separate action, the Pennsylvania Office of Attorney General reached a settlement on criminal charges against the employee. He must serve two years probation, pay a $2,500 fine and perform 40 hours of community service.
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Graphene is Thinnest Known Anti-Corrosion Coating
New research has established the material called graphene as the world’s thinnest known coating for protecting metals against corrosion.
In the study, Dhiraj Prasai and colleagues point out that rusting and other corrosion of metals is a serious global problem, and intense efforts are underway to find new ways to slow or prevent it. Corrosion results from contact of the metal’s surface with air, water, or other substances. One major approach involves coating metals with materials that shield the metal surface, but currently used materials have limitations. The scientists decided to evaluate graphene as a new coating. Graphene is a single layer of carbon atoms, many layers of which are in lead pencils and charcoal, and is the thinnest, strongest known material. That’s why it is called the miracle material. In graphene, the carbon atoms are arranged like a chicken-wire fence in a layer so thin that it is transparent, and an ounce would cover 28 football fields.
They found that graphene, whether made directly on copper or nickel, or transferred onto another metal, provides protection against corrosion. Copper coated by growing a single layer of graphene through chemical vapor deposition (CVD) corroded seven times slower than bare copper, and nickel coated by growing multiple layers of graphene corroded 20 times slower than bare nickel. Remarkably, a single layer of graphene provides the same corrosion protection as conventional organic coatings that are more than five times thicker. Graphene coatings could be ideal corrosion-inhibiting coatings in applications where a thin coating is favorable, such as microelectronic components (e.g., interconnects, aircraft components, and implantable devices), say the scientists.
Ohio EPA Goes Live with New eDocument Management System
In an effort to simplify recordkeeping while creating easy public access to Ohio EPA documents, the Agency is implementing a new system to manage electronic documents more effectively and efficiently, serving as Ohio EPA’s virtual filing cabinet.
Ohio EPA Director Scott Nally said, “The opportunity to provide quick, free access to Ohio EPA’s documents is a small but important milestone in our effort to make all records easily accessible to the public. Not only will this make our process even more accountable and transparent to the public, it will help maximize our organization’s limited resources. Ohio EPA will also save on the cost of paper, filing, records storage, and labor costs associated with searching for and copying public records.”
The first stage of the eDocument Management system—available now—contains all noncompliance documents issued since January 1, 2007. These documents include: any Agency letter citing violations of authorizing actions; any Agency letter documenting a corrected violation that was sent to the violator; unilateral and consensual director’s findings and orders resolving a violation; and Attorney General’s orders on behalf of Ohio EPA.
The initial launch is the first of many phases of electronics records posting to be undertaken over several years with the goal of ultimately having nearly all Ohio EPA public records online for public and internal viewing.
The benefits of electronic document management include:
- Saving thousands of dollars annually on paper, paper filing systems, and storage;
- Increasing security levels on documents—improving the ability to ensure documents are not misfiled, inadvertently destroyed or stolen;
- Granting citizens and other interested parties instant access to documents they are seeking online, and reducing—and eventually eliminating—the need to charge customers for copies of public records;
- Saving costs for labor when collecting and copying documents for public records requests and attorney reviews, and money spent on records transportation and storage (up to 30% of Ohio EPA’s rented square footage is devoted to storing records); and
- Helping Ohio EPA comply with public records legal requirements.
New York Pursues Uniform, National Ballast Water Requirements
“New York remains concerned about the introduction and spread of invasive species in the state’s waterways and we hope that a strong national solution can be achieved,” DEC Commissioner Joe Martens said. “At the same time, shipping and maritime activity is critical to New York state and international commerce. A technically feasible national standard which recognizes the critical economic role played by our waterways is the only viable way to address the spread of destructive aquatic invaders through ballast water.”
EPA’s recent proposal for the next four-year term, December 2013 through December 2017, for its Vessel General Permit includes adopting a protocol that was set forth by the International Maritime Organization (IMO) in 2004. DEC submitted comments on EPA’s proposed standards for 2013–2017.
Martens continued, “The EPA proposal can be strengthened to better protect against the harms associated with aquatic invasive species and take advantage of numerous recent, cost-effective advances in treatment technology. A strong, uniform national standard is the preferred approach to ensuring that vessels install and use achievable and cost-effective technology to treat ballast water discharges.”
DEC intends to continue to work with other states, such as California, Michigan, and other Great Lakes states, and stakeholders to advocate that EPA and the Coast Guard adopt a more protective national approach to this widespread problem.
In DEC’s comments to EPA, Commissioner Martens proposed adopting a national standard with the following key elements:
- A 100 times IMO discharge standard implemented by June 1, 2016;
- A voluntary discharge standard of 10 times IMO by June 1, 2014;
- Grandfather until 2024 vessels deploying 10 times IMO systems prior to June 1, 2014;
- Continue to require ballast water ocean exchange and flushing; and
- Require the use of any reasonable and effective management practices to limit aquatic invasive introductions prior to 2016.
- Condition 1 of the certification that requires ballast water exchange and flushing remains in effect.
Invasive species have dramatically damaged and impaired the nation’s waters. A recent scientific report by researchers from the Cary Institute estimated that zebra mussels, a ship-borne invasive species first discovered near Detroit 20 years ago, now comprise half the consumer biomass, by weight, of the Hudson River. More than 180 such invaders—species that infest, overwhelm, and destroy native habitat—already plague the Great Lakes. The majority of these invasive species were traced to ballast water discharges.
Catalyst Energy Fined $185,000 for Water Contamination, Erosion Violations, Spills
The Pennsylvania Department of Environmental Protection (DEP) has fined Catalyst Energy Inc., $185,000 for a number of violations at its non-Marcellus oil and gas well operations in Forest, McKean, and Warren counties.
In addition to paying a fine and taking corrective actions at their well sites, Catalyst Energy faces restrictions on drilling, hydraulically fracturing, or developing new or existing well sites.
“Catalyst has paid the penalty and is working under a negotiated timetable to rectify these violations,” DEP Northwest Regional Director Kelly Burch said. “The company must also demonstrate it is in total compliance before drilling or completing more wells.”
Catalyst’s drilling activities in an area of Hickory Township, Forest County, contaminated 14 water supplies. Samples showed that the water contained iron, manganese, and methane at higher levels than existed prior to drilling. In Pennsylvania, unless operators can prove their drilling activities did not cause the contamination, they are presumed liable for water contamination if the affected water supply is within 1,000 feet of the drilled oil or gas well and the pollution occurred within six months of the completion of drilling.
Catalyst installed water treatment systems and conducted cleanouts of some of the wells, restoring the water supplies, and returned other water supplies to pre-drill conditions through other work on the company’s wells. Catalyst now has 60 days to submit a remediation plan to address the eight remaining water supplies not yet restored or replaced.
Through the end of 2012, Catalyst must obtain DEP’s authorization before it can develop or drill new wells or hydraulically fracture existing wells. DEP will grant the authorization if its inspections verify the company is in compliance with all applicable laws and regulations at the site.
DEP inspections of well sites in Hickory and Kingsley townships, Forest County, found that Catalyst had not installed sufficient controls to prevent sediment runoff. A November 2011 inspection of the Warrant 5211 well site in Hickory Township found sediment being discharged into Lick Run, a nearby waterway.
DEP immediately issued a field order, requiring Catalyst to suspend construction activity at the site. A follow-up inspection performed the next day found the company had not complied with the order. Catalyst has since put in place the needed erosion and sedimentation controls and submitted the necessary changes to its control plans that are filed with DEP. The penalty also settles violations resulting from spills and leaks of oil and fluids at well sites in Forest, Warren, and McKean counties. The company has addressed and resolved these violations.
Catalyst also has two years to plug 13 abandoned wells left behind by an operator it acquired in 2007. To date, the company has plugged 103 wells abandoned by the former operator. Catalyst’s actions in these cases constitute violations of the Clean Streams Law, the Oil and Gas Act, and the Solid Waste Management Act.
Battery Recycling Company Fined for Hazardous Waste Violations
EPA reached a legal agreement with Battery Recycling Company, Inc., requiring it to take multiple actions to reduce the spread of lead contamination from its Arecibo, Puerto Rico facility. As part of an ongoing investigation of the facility, the EPA identified violations of federal regulations governing the proper handling of hazardous materials. The agreement requires the company to take immediate steps to address the environmental violations and prevent releases of lead and other pollutants from the site.
The company will invest more than $3 million in facility upgrades and will undertake three environmental projects to benefit the community. The Battery Recycling Company has agreed, at this time, to pay a $112,500 penalty for alleged violations of the hazardous waste law. The EPA is working cooperatively with the Puerto Rico Environmental Quality Board on making improvements at the facility that will benefit the Arecibo community.
Even at low levels, lead can cause I.Q. deficiencies, reading, and learning disabilities, impaired hearing, reduced attention spans, hyperactivity, and other behavioral problems in children.
“Lead is a dangerous toxin that can affect a child’s ability to learn. We need to do everything possible to protect the children of Arecibo from being exposed to lead. This agreement reached by the EPA and Arecibo Battery Recycling does just that. It will also help protect the health of the workers at the plant and all people living near the facility,” said Judith A. Enck, the EPA Regional Administrator.
The EPA inspections identified significant violations of federal air, water, and hazardous waste regulations. The air and water violations were addressed in previous EPA orders issued to the company. The agreement addresses the hazardous waste violations under the federal Resource Conservation and Recovery Act (RCRA).
The Battery Recycling Company, Inc., is a lead smelter that recycles used motor vehicle batteries and produces approximately 60 tons of lead per day. Throughout 2010 and 2011, the EPA conducted a series of inspections of the facility to determine its compliance with federal laws and regulations. The facility was found to generate lead-contaminated dust during battery processing, lead smelting, and refining operations, and the storage and handling of waste. Workers have also carried lead dust on their clothes and equipment into their cars and homes, putting their families and others at risk.
Under the agreement, Battery Recycling will completely enclose the lead recycling processing areas and run all emissions through dust collection systems. The company will also finish building a new dust collection system to capture lead dust within the work area. Trucks and automobiles leaving the facility will be washed and inspected to reduce the spread of lead dust. Facility roads will be paved and pavements will be cleaned, in many cases, at least twice each day.
Battery Recycling has also agreed to fund the following local projects:
- Purchase of a vacuum sweeper vehicle to clean facility roadways of lead dust or other pollutants. It will improve the collection of dust and dirt and the proper disposal of the waste. The project is estimated to cost a minimum of $180,000.
- Purchase special equipment to compress dust from collection storage bins into pellets for easier handling. The project is estimated to cost a minimum of $150,000.
- Provide assistance to local high schools in Puerto Rico to improve environmental education involving the safe handling and disposal of old chemicals. The project is estimated to cost a minimum of $150,000.
The order is the latest in a series of actions EPA has taken to protect people’s health and the environment in Arecibo. Under previous agreements with the EPA, Battery Recycling improved existing employee changing areas, installed a decontamination station for vehicles entering and leaving facility processing areas, and trained employees to ensure that clean and dirty lockers and changing areas are kept separate and used in a way that minimizes contamination between the areas. Battery Recycling is now also required to follow a standard operating procedure manual for continuously monitoring compliance with previous orders.
Essroc Cement Fined for Toxic Chemical Reporting Violations
Essroc Cement Corporation has agreed to pay a $82,000 penalty to settle alleged violations of Emergency Planning and Community Right-to-Know Act (EPCRA) reporting requirements at its manufacturing facility located at 401 West Prospect St., Nazareth, Pennsylvania. According to EPA, Essroc failed to submit three years of required reports on a regulated toxic chemical () which was processed at this facility.
EPCRA requires companies that manufacture, use or process more than a threshold amount of listed toxic chemicals to file an annual toxic chemical release form with EPA and the state. These reports are used to compile the Toxic Release Inventory (TRI)—a publicly available EPA database, searchable by zip code, which contains information on toxic chemical releases and waste management activities.
The multi-establishment Nazareth, Pennsylvania, plant processes lead as part of the manufacturing process for bulk and packaged cement. Lead and lead compounds are regulated under EPCRA due to the public health effects of ingestion or inhalation of lead, particularly among children, including damage to the nervous system. According to EPA, a June 2011 inspection revealed that Essroc did not submit annual reports for lead for three years (2006–2008) when the Nazareth facility processed lead in amounts in excess of 130,000 lbs annually—significantly exceeding EPCRA’s 100 lb reporting threshold. This settlement involves alleged reporting violations, not unlawful releases of toxic chemicals.
The settlement penalty reflects the company’s cooperation with EPA in resolving the alleged violations, and its compliance efforts. As part of the settlement, the company did not admit liability for the alleged violations, but has certified compliance with applicable EPCRA requirements.
Printer Ordered to Comply with Hazardous Waste Requirements
A Rhode Island company that conducts printing, coating, and finishing of specialty fabrics has been ordered by EPA to come into compliance with federal hazardous waste management regulations.
Bradford Printing and Finishing, LLC, of Westerly was ordered to comply with the regulations it had violated. According to EPA, Bradford violated RCRA by failing to determine whether numerous wastes being stored at Bradford’s Westerly facility were hazardous wastes.
The company’s violation of RCRA requirements, and in particular their failure to determine if its wastes were hazardous, significantly increased the likelihood that hazardous wastes might be improperly managed and disposed of, and that the public and the environment could have been exposed to hazardous wastes.
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Trivia Question of the Week
What did Rhode Island ban to prevent movement of invasive species into its fresh waterways?
a. Vessels from China
b. Felt-soled footwear
c. Ballast discharges from vessels originating in New Jersey
d. Recreational boating in reservoirs
