The settlement resolves violations of the Toxic Substances Control Act () premanufacture notice obligations for its production of various chlorinated paraffins. Dover Chemical produces the vast majority of the chlorinated products sold in the US. As part of the settlement, Dover Chemical has ceased manufacturing short-chain chlorinated paraffins, which have persistent, bioaccumulative and toxic () characteristics. PBTs pose a number of health risks, particularly for children, including genetic impacts, effects on the nervous system, and cancer. Dover Chemical will also submit premanufacture notices to EPA for various medium-chain and long-chain chlorinated paraffin products.
“Assuring the safety of chemicals is one of EPA’s top priorities,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s action reinforces the need for chemical manufacturers to follow the law and protects Americans from chemicals that could be harmful to their health.”
“This settlement will require Dover to participate in an EPA review of all types of chlorinated paraffin products sold by the company and bring Dover into compliance with the Toxic Substances Control Act,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. “By halting production of short-chain chlorinated paraffins, this settlement will reduce undue risks to human health and the environment.”
Chlorinated paraffins are a family of chemical substances with different properties depending on their carbon chain lengths and are generally identified as short, medium, or long-chain. Chlorinated paraffins are used as a component of lubricants and coolants in metal cutting and metal forming operations, as a secondary plasticizer and flame retardant in plastics, and as an additive in paints. Short-chain chlorinated paraffins, however, have been found to be bioaccumulative in wildlife and humans, persistent and transported globally in the environment, and toxic to aquatic animals at low concentrations. EPA has developed an action plan for these chemicals based on the potential for significant impacts on the environment. The environmental and health concerns relating to medium-chain chlorinated paraffins and long-chain chlorinated paraffins may be similar to those associated with short-chain chlorinated paraffins. Those chemicals may also be persistent and bioaccumulative based on their physical-chemical properties, bioaccumulation modeling, and because they are also found in the environment.
In 1978, EPA compiled the initial TSCA Inventory of chemical substances from industry submissions and those substances were grandfathered onto the TSCA Inventory without additional human health or environmental review. Chemical substances not on the TSCA Inventory constitute “new chemical substances” for which a premanufacture notice () must be submitted to EPA at least 90 days before a company begins producing the substance. A PMN includes information such as the specific chemical identity, use, anticipated production volume, exposure and release information, and existing available test data. EPA identifies risks associated with new chemicals through the PMN process. In the PMN process, EPA can require additional testing or issue orders prohibiting or limiting the production or commercial use of such substances.
The proposed settlement agreement, lodged in the US District Court for the Northern District of Ohio, is subject to a 30-day public comment period and approval by the federal court.
Dallas RCRA and DOT Training
Nashville RCRA and DOT Training
Kansas City RCRA and DOT Training
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.
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.
Easing Concerns about a Catastrophic Release of Greenhouse Gases
In the podcast, Christian Blodau, Ph.D., explains that peat bogs—wet deposits of partially decayed plants that are the source of fuel and gardeners’ peat moss—hold about one-third of the world’s carbon. Scientists have been concerned that global warming might dry out the surface of peatlands, allowing the release into the atmosphere of carbon dioxide and methane (a greenhouse gas even more potent than carbon dioxide) produced from decaying organic matter.
To see whether this catastrophic domino effect is a realistic possibility, Blodau and colleagues conducted laboratory simulations studying the decomposition of wet bog peat for nearly two years.
Far from observing sudden releases of greenhouse gases, they found that carbon release and methane production slowed down considerably in deeply buried wet peat, most likely because deeper peat is shielded from exchange of water and gases with the atmosphere.
In connection with previous work, they concluded that even under moderately changing climatic conditions, peatlands will continue to sequester, or isolate from the atmosphere, their huge deposits of carbon and methane.
Global Challenges/Chemistry Solutions is a series of podcasts describing some of the 21st century’s most daunting problems, and how cutting-edge research in chemistry matters in the quest for solutions. Global Challenges is a sweeping panorama of global challenges that includes dilemmas such as providing a hungry, thirsty world with ample supplies of safe food and clean water; developing alternatives to petroleum to fuel society; preserving the environment and assuring a sustainable future for our children; and improving human health.
Ohio EPA Proposes Water Quality Certification for Nationwide Permits
Ohio EPA is revising its water quality certifications that regulate several categories of similar dredge and fill-type activities that can be covered under a single, nationwide permit.
Ohio EPA will hold a public information session and hearing to discuss permit related issues regarding lowering of water quality on February 27, 2012, at 3:30 p.m. at the Center for Excellence, Ohio EPA, 50 West Town Street, Suite 700, Columbus. The public hearing will end when all interested attendees have had an opportunity to provide testimony. Visitors to the building must present a photo I.D.
Nationwide permits are federal actions designed to reduce the regulatory and administrative burdens for projects that will result in minimal water quality impacts. Each state must certify each nationwide permit, and may include terms specific to the needs of each state. Examples of these types of permits that Ohio certifies include temporary construction, access, and dewatering; utility line activities; maintenance activities; bank stabilization; linear transportation projects; aquatic habitat restoration; residential development; and commercial and institutional developments. Ohio EPA water quality certifications remain in place for five years.
Changes to the draft certification for Ohio include:
• Simplifying eligibility for coverage by adding stream and wetland limitations to every nationwide permit;
• Revising limits on linear footage of stream impacts that may be authorized to match federal permit limits of 300 linear feet;
• Allowing a project that meets the US Army Corps of Engineers definition for emergency permit coverage to be automatically authorized under Ohio’s nationwide permit;
• Requiring applicants to coordinate their project with the Ohio Department of Natural Resources to determine whether it impacts a state threatened or endangered species if a project is located in the emergency management zone of a public water supply intake;
• Allowing mitigation to be at the discretion of the US Army Corps of Engineers project manager if the mitigation exceeds one-tenth of an acre for streams. Mitigation for wetlands would follow Ohio EPA mitigation ratios, while projects less than one-tenth of an acre would be at the discretion of the US Army Corps of Engineers;
• Allowing Ohio EPA to exempt projects with minor impacts from obtaining individual water quality certifications if a project exceeds 300 linear feet of impacts to streams or lake shorelines; and
• Restricting allowable impacts for coal mining activities to one-half acre for category one and two wetlands, and to 300 linear feet for streams to be consistent with the proposed US Army Corps of Engineers requirements.
Approved activities would result in lowering of water quality and surface waters of the state, including lakes, wetlands, and streams. In order to receive a nationwide permit, the applicant must demonstrate activities will not violate Ohio’s water quality standards or create adverse impacts to water quality as required in the federal Clean Water Act (CWA). Anyone who discharges dredged or fill material into Ohio waters is required to obtain a water quality certification from Ohio EPA and then a water quality permit from the US Army Corps of Engineers.
Ohio EPA inspectors will be authorized through the state certifications to oversee activities to ensure they are progressing according to terms and conditions of the water quality certification.
Ohio EPA will accept written comments on the draft water quality certifications through close of business March 5, 2012.
South Carolina Lawn Mower Exchange Events
Residents of 11 South Carolina counties will have another alternative to pushing a gasoline-powered lawn mower again this summer, the state Department of Health and Environmental Control has announced.
“A lawn mower exchange event is being held for residents in Anderson, Berkeley, Charleston, Dorchester, Greenwood, Greenville, Lexington, Oconee, Pickens, Richland and Spartanburg counties,” said Myra Reece, chief of DHEC’s Bureau of Air Quality. “This popular program will give residents the opportunity to recycle their gasoline-powered mower in exchange for a discount towards the purchase of a new environmentally-friendly mower.”
Reece said the lawn mower exchanges, which will also feature vendors selling environmentally-friendly lawn and garden equipment, are set to take place on the following dates:
• March 15–April 15: 7:00 a.m.–6:00 p.m. Tuesday through Saturday at Enoree Residential Waste and Recycling Center in Greer for residents of Greenville County;
• March 17: 9:00 a.m.–12:00 p.m. at Greenwood County Public Works for residents of Greenwood County;
• March 24: 10:00 a.m.–1:00 p.m. at Mount Pleasant Memorial Waterfront Park for residents of Berkeley, Charleston, and Dorchester counties;
• April 14: 9:00 a.m.–2:00 p.m. at Spartanburg County Administration Building parking lot for residents of Spartanburg County;
• April 21: 8:00 a.m.–12:00 p.m. at S.C. State Museum parking garage for residents of Richland and Lexington counties;
• April 28: 8:00 a.m.–12:00 p.m. at Tri-County Technical College student parking lot in Pendleton for residents of Anderson, Oconee and Pickens counties.
“The lawn mower exchange is a great way for people to get involved in improving air quality by switching to an environmentally-friendly mower,” Reece said. “Clean air is important for healthy communities and these exchanges give our citizens an opportunity to make communities a healthier place to live, work, and play.”
Reece said that despite efficiency improvements in the engines, today’s gasoline mowers still contribute emissions including those forming ground-level ozone, which can cause shortness of breath, wheezing, and coughing.
“Gasoline mowers also cause more greenhouse gases to be released into the atmosphere,” Reece said. “Using an environmentally-friendly mower reduces emissions and potential health effects.”
The exchange operates under a partnership including DHEC, county and local governments, and vendors such as Black & Decker, C Enterprise, The Greenstation, and Preferred Power. Funding for the exchange program came from local sponsorships and a grant from the US Department of Energy.
Elyria Foundry Fined $155,000 for Air Permit Violations
The Elyria Foundry Company has agreed to pay Ohio EPA a $155,000 penalty as a settlement for violating Ohio’s air pollution control laws at its iron foundry located at 120 Filbert Street in Elyria, Ohio.
Through facility visits and records reviews, Ohio EPA inspectors found the company failed to properly operate pollution control equipment, comply with permitted emissions limits, conduct required visual emissions checks and stack tests at maximum capacity levels, and submit timely and complete compliance reports. The company was notified of the violations in several letters from 2007 to 2009.
Elyria Foundry Company converts scrap metal into molten iron, which is then poured into sand molds to produce solid castings. The process involves the use of furnaces, mixers, a dryer, and other equipment that emit pollutants and are regulated as air contaminant sources.
The settlement includes a civil penalty of $124,000 to support state and local air pollution control programs and the Ohio Environmental Education Fund, and $31,000 to Ohio EPA’s clean diesel school bus program fund.
Chesapeake Appalachia Fined $565,000 for Multiple Violations
The Pennsylvania DEP has fined Chesapeake Appalachia LLC a total of $565,000 in civil penalties and reimbursement costs for erosion and sediment control violations, wetland encroachment violations, and an April 2011 well control incident.
“The governor and I expect the highest standards to be met and when they are not, we take strong enforcement action,” DEP Secretary Mike Krancer said. “We will continue to be vigilant on that front. The protection of the state’s water is paramount.”
DEP fined Chesapeake $215,000 for a March 2011 incident in West Branch Township, Potter County, where sediment discharged into a stream classified as high quality. High-quality streams receive some of the highest levels of protection in the state, and operators are expected to ensure their work does not negatively affect them.
In late February and early March, heavy rain caused significant erosion to an access road and Chesapeake’s Beech Flats gas well pad, both of which lacked sufficient controls in place to prevent the run-off. As a result, significant amounts of sediment entered the Right Branch of Wetmore Run, a high-quality stream.
An inspection found that accelerated erosion had occurred at several spots on the access road and the well pad because the operator failed to construct adequate controls to prevent the run-off of sediment.
The sediment traveled downstream and impacted Galeton Borough Authority’s water treatment filters. Chesapeake has since paid $190,000 to the authority to repair and upgrade the water supply facility and has made assurances it will reimburse the authority any additional costs associated with this incident.
DEP issued a compliance order that required Chesapeake to cease all activity at the site that would disturb earth, such as road maintenance and grading; movement of rock, soil or earth; and activity associated with gas drilling and extraction. Chesapeake was also ordered to implement additional measures designed to lessen environmental impact and submit a revised erosion and sediment control plan.
Soon after that, the company installed silt fences, silt socks, gravel surfacing of the access road and a stormwater capture ditch, and it submitted the revised plan.
Follow-up inspections determined that the violations were corrected. The authority thanked DEP for taking immediate action.
In addition, Chesapeake paid $190,000 as part of a consent order and agreement after the operator lost control of a well head during hydraulic fracturing of the Atgas 2H Well in Leroy Township, Bradford County, on April 19, 2011. Fluids from the well mixed with rainwater and entered a nearby unnamed tributary to Towanda Creek and Towanda Creek itself.
On April 20, DEP detected levels of total dissolved solids, chlorides, and barium that were higher than background levels at the mouth of the tributary, where it enters Towanda Creek. Subsequent testing further downstream and on the following days showed these levels returned to normal background levels.
Chesapeake took two days to stop the flow from the well and four days beyond that to bring the well fully under control. At DEP’s request, Chesapeake suspended completion activities at well sites across the state for approximately three weeks while assessing its equipment’s integrity, containment mechanisms, and procedures.
Chesapeake’s payment includes a $67,000 reimbursement for costs associated with the agency’s response. The company must also conduct further testing, using an independent laboratory, of five groundwater monitoring wells from the surrounding area to ensure there were no impacts to groundwater from the release. Samples of the five monitoring wells taken in July, August, and October 2011 showed levels consistent with regional groundwater quality.
In connection with a third site, DEP fined Chesapeake $160,000 as part of a consent order and agreement resulting from violations in 2010 of impacting a wetland and allowing sediment to enter Sugar Creek in North Towanda Township, Bradford County. Part of a well pad was built in the wetland. It was constructed with extremely high, steep slopes which, after significant precipitation, caused additional sediment to slide further into the wetland and the nearby stream.
A series of site inspections in July 2010 found that the well pad had been constructed partially in a wetland and the construction activities deviated from the site’s erosion and sediment control plan, rendering the site vulnerable to erosion. DEP issued a notice of violation for encroaching on wetlands without a permit and failing to implement best management practices. A follow-up meeting also directed Chesapeake to develop a remediation plan.
By constructing the well pad in that way, the company filled a third of an acre of wetlands without authorization. There were additional temporary impacts to the wetland through erosion and tree clearing and in October 2010, heavy rains caused the middle portion of the pad’s fill slope to fail and sediment to enter Sugar Creek and an unnamed tributary, as well as further impact the nearby forested wetland.
In addition to paying the penalty, the company has removed the fill from the impacted wetland and must construct 2.55 acres of replacement wetlands. The company is also required to submit regular, detailed wetlands restoration monitoring reports.
Chesapeake’s actions constituted violations of Pennsylvania’s Oil and Gas Act, Clean Streams Law, and the Dam Safety and Encroachments Act.
CEC Secretariat Launches Independent Study on the Environmental Hazards of Trans-border Lead Battery Recycling
This study will include examination of the recent increase in transboundary shipments of spent lead-acid batteries within North America for the purposes of recovery and recycling of lead for remanufacture. Factors to be examined include the concern that, in addition to global market forces, differing costs of compliance with environmental and health regulations may be affecting decisions on where to locate certain recycling activity within our three countries.
Lead is a persistent, bioaccumulative, toxic substance that can cause developmental harm, especially in children. Even in small doses, exposure to lead dust and vapors—in lead-contaminated air, water, or soil—has been associated with nervous system impairment in fetuses and young children, resulting in learning deficits and lowered IQ.
The Secretariat’s examination will assemble the most recent information on the flow of spent auto and industrial batteries and examine trade- and compliance-related issues in preparing a comprehensive report to the CEC Council—the cabinet-level environmental officials in each of Canada, Mexico, and the US. The independent report will conclude with recommendations concerning steps to improve the environmental management of spent lead-acid batteries and to diminish the pollution and environmental health effects impacting vulnerable populations adjacent to certain recycling operations, particularly in Mexico.
The CEC Secretariat’s study and report is being prepared pursuant to Article 13 of the North American Agreement on Environmental Cooperation (NAAEC). This provision allows the Secretariat to prepare an independent report to the CEC Council. In preparing this study and report, the NAAEC Article 13 provides for the Secretariat to draw upon any relevant technical, scientific or other information, including information submitted by the Parties to the NAAEC, the CEC’s Joint Public Advisory Committee, and nongovernmental organizations (NGOs). The results of public consultation among North America’s battery recycling and related industries, communities, NGOs, and specialists will be considered in the development of the report and recommendations.
The CEC Secretariat report is expected to be completed in 2012 and a work-plan and schedule of consultations will be published in the near future. Interested persons and organizations are encouraged to contact the Secretariat should they wish to provide any related information and/or to be included in such consultation.
$1.5 Million Penalty for SPCC, SWPPP, and FRP Violations
This settlement resolves a CWA enforcement action against Union Pacific that involves continuing operations at 20 rail yards in Colorado, Utah, and Wyoming, as well as spills of oil and coal in 2003 and 2004 along railroad lines in all three states.
For the railyards, EPA alleges Union Pacific violated EPA’s Spill Prevention, Control, and Countermeasure (SPCC) and Facility Response Plan (FRP) regulations. These regulations are the first line of defense for preventing oil spills and providing immediate containment measures when an oil spill occurs.
“Today we have secured a settlement that will help prevent spills, protect water quality, and improve the safety of Union Pacific’s operations in 20 communities across Colorado, Utah, and Wyoming,” said Jim Martin, EPA regional administrator. “Union Pacific has already begun putting necessary measures in place and we will ensure they continue to do so.”
As part of the settlement, Union Pacific will pay a civil penalty of $1.5 million of which approximately $1.4 million will be deposited into the Oil Spill Liability Trust Fund, a fund used by federal agencies to respond to oil spills. The remaining $100,000 will be deposited in the US Treasury for the coal spills and stormwater violations. In addition, the settlement requires the company to develop a management and reporting system to ensure compliance with SPCC regulations, FRP regulations, and storm water requirements at 20 rail yards in Colorado, Utah, and Wyoming. Union Pacific must take further actions to control stormwater runoff at the Burnham Rail Yard in Denver, which are anticipated to prevent the discharge of approximately 2,500 lbs of chemical oxygen demand, 50 lbs of nitrate, 11,000 lbs of total suspended solids, and 30 lbs of zinc annually to waters in the Denver area.
This settlement will benefit many communities in Colorado, Utah, and Wyoming, many of which are disadvantaged, by requiring Union Pacific to install secondary containment to safely store oil and prevent oil spills from leaving its properties. Further, it will require the company to designate an environmental vice-president responsible for complying with oil spill prevention and stormwater control requirements at the 20 railyards. The majority of the 20 locations cited in the settlement are in disadvantaged areas with significant low-income and/ or minority populations.
The complaint alleges the following violations:
• Six oil spills in Colorado, Utah, and Wyoming
• Three coal spills in Colorado
• Inadequate SPCC plans and/or inadequate SPCC plan implementation (e.g., inadequate secondary containment) at the following 20 rail yards:
o Denver 36th Street, Burnham, Denver North, East Portal Moffatt Tunnel, Grand Junction, Kremmling, Pueblo, and Rifle, all in Colorado
o Helper, Ogden, Provo, Roper, Salt Lake City North, and Summit, all in Utah
• For six rail yards in Utah, failure to provide certifications and reports for storm water pollution prevention plans (SWPPPs) as required by the Utah Multi-Sector General Permit
o Bill, Buford, Cheyenne, Green River, Laramie, and Rawlins, all in Wyoming
• For the Rawlins, Wyoming, rail yard, an inadequate FRP and a failed Government Initiated Unannounced Exercise
Voluntary Effort to Reduce Toxic Chemicals
Used in hundreds of manufacturing and industrial applications, LCPFCs are toxic, persistent in our environment worldwide and can accumulate in people. Reducing toxic chemicals in our environment is one of EPA Administrator Lisa P. Jackson’s top priorities.
EPA’s 2010/15 PFOA Stewardship Program was established in 2006 in partnership with DuPont, Solvay Solexis, Asahi Glass Company, Daikin America, Inc., Clariant International Ltd., 3M/Dyneon, Arkema Inc., and BASF (formerly Ciba Specialty Chemicals Corporation). The program set a goal of reducing facility emissions and product content of PFOA and related chemicals on a global basis by 95%, no later than 2010, and to work toward eliminating emissions and product content of these chemicals by 2015. The interim results highlight the success companies participating in the partnership have made in reducing releases of PFOA and other LCPFCs.
Daikin, DuPont, 3M/Dyneon, and Solvay Solexis have met the program’s intermediate goal of a 95% reduction in global emissions and product content by 2010. The companies continue to reduce emissions of LCPFC’s as well as overall product content of LCPFC’s. Additionally, more than150 replacement chemicals have been developed. The eight participating companies have informed EPA that they are on track to phase out LCPFCs by the end of 2015.
“I am pleased to see that many of the Stewardship Program companies are making excellent progress and all are on track to meet the ultimate goal of phasing out LCPFCs by the end of 2015,” said Jim Jones, acting assistant administrator for EPA’s Office of Chemical Safety and Pollution Prevention. “The program is an important part of the agency’s efforts to mitigate exposures to LCPFCs.”
EPA remains concerned about LCPFCs being produced by companies that are not participating in the stewardship program and intends to take action to address those concerns. These actions are part of an ongoing effort outlined in 2009 that would further reduce exposure to LCPFCs by addressing their use in products from sources other than the eight companies participating in the stewardship program.
EPA Approves Largest Coastal No-Discharge Zone in the Nation
This action establishes a new federal regulation banning even treated sewage from being discharged in California’s marine waters.
“This is an important step to protect California’s coastline. I want to commend the shipping industry, environmental groups and US EPA for working with California to craft a common sense approach to keeping our coastal waters clean.” said Governor Jerry Brown.
“By approving California’s ‘No Discharge Zone,’ EPA will prohibit more than 20 million gallons of vessel sewage from entering the state’s coastal waters,” said Jared Blumenfeld. “Not only will this rule help protect important marine species, it also benefits the fishing industry, marine habitats and the millions of residents and tourists who visit California beaches each year.”
This action strengthens protection of California’s coastal waters from the adverse effects of sewage discharges from a growing number of large vessels. Several dozen cruise ships make multiple California port calls each year while nearly 2,000 cargo ships made over 9,000 California port calls in 2010 alone. EPA estimates that the rule will prohibit the discharge of over 22 million of the 25 million gallons of treated vessel sewage generated by large vessels in California marine waters each year, which could greatly reduce the contribution of pollutants still found in treated vessel sewage.
State Senator Joe Simitian (D-Palo Alto) authored Senate Bill 771, the Clean Coast Act which prohibits all commercial ships from dumping hazardous waste, sewage sludge, oily bilge water, “gray water” from sinks and showers, and sewage in state waters. Simitian’s SB 771 also required California to petition the federal government for a ‘No Discharge Zone’ to enforce the bill’s anti-dumping provisions.
“This is a great day for the California coast, which is far too precious a resource to be used as a dumping ground,” said Simitian. “This ‘No Discharge Zone’—the largest in the nation—protects our coastal economy, our environment and our public health.”
“California’s coastal waters will no longer serve as a sewage pond for big ships,” said Cal/EPA Secretary Matthew Rodriquez. “For too long, pollution from these vessels has endangered our marine environment, jeopardized public health and threatened the coastal communities that rely on recreation and tourism dollars. I commend US EPA for helping us ensure that our coastline remains pristine.”
California’s coastal waters are home to a wide variety of unique, nationally important marine environments that support rich biological communities, and a wide range of recreational and commercial activities. Four national marine sanctuaries, a national monument, portions of six national parks and recreation areas, and more than 200 other marine reserves and protected areas have been established to protect California’s unique marine resources. The National Oceanic and Atmospheric Administration has already implemented similar vessel sewage discharge bans in the four California marine sanctuaries that it oversees. Recreational and commercial uses of California’s coastal waters are equally important. Over 150 million visitor-days are spent at California beaches annually, and 77% of the State’s population lives on or near the coast. California ranks first in the nation as a travel destination and its beaches are the leading destination for tourists. California’s commercial fishing industry also relies upon clean water to help preserve and restore coastal fisheries.
Under the CWA, states may request EPA to establish vessel sewage no-discharge zones if necessary to protect and restore water quality. In 2006, following passage of three state statutes designed to reduce the effects of vessel discharges to its waters, the State of California asked EPA to establish the sewage discharge ban. After releasing the proposed rule in 2010, EPA considered some 2,000 comment letters from members of the public, environmental groups, and the shipping industry before finalizing the regulation.
“California’s economic health is tied to the health of our oceans and beaches,” said Charles Hoppin, Chair of the State Water Resources Control Board. “Pollution from cargo and cruise ships directly threatens public health, marine life and our economy. This led to our request to declare the whole coastline a no discharge zone so that we could provide equal water pollution protection along our precious coastline.”
This prohibition is unprecedented in geographical scope. In contrast to prior no-discharge zones under the CWA, which apply in very small areas, the new ban applies to all coastal waters out to 3 miles from the coastline, and all bays and estuaries subject to tidal influence. Other California no discharge zones for ten bays and marinas remain in effect for all vessels.
“Big ships make for big pollution but unfortunately, responsible disposal of sewage from ships hasn’t always been a given in California,” said Marcie Keever, oceans and vessels project director at Friends of the Earth. “The actions taken today by the US EPA, the State of California, and the thousands of Californians who supported the Clean Coast Act mean that cruise lines and the shipping industry can no longer use California’s valuable coastal and bay waters as their toilet.”
Consistent with the State’s request, the prohibition applies to all passenger ships larger than 300 tons and to all other oceangoing vessels larger than 300 tons with sewage holding tank capacity.
“The Pacific Merchant Shipping Association shares the concern for protection of California’s marine environment. Our member companies are dedicated to the facilitation of trade while also minimizing any associated environmental impacts,” said John Berge, Vice President of the Pacific Merchant Shipping Association.
In addition to the discharge prohibition, other vessel sewage discharges will continue to be regulated under existing CWA requirements, which generally require sewage to be treated by approved marine sanitation devices prior to discharge. The State is also continuing to implement and strengthen other efforts to address sewage discharges from smaller vessels, including recreational boats, to state waters.
EPA’s action complements the agency’s ongoing ocean protection efforts including strengthening the existing Vessel General Permit, development of a Vessel General Permit for smaller vessels, and our efforts to reduce marine debris such as plastics and other human-generated debris.
New Cingular Wireless Fined $125,728 for EPCRA Violations
EPA announced an agreement with New Cingular Wireless to resolve violations of the Emergency Planning and Community Right-to-Know Act (). New Cingular Wireless voluntarily disclosed reporting violations to EPA, which related to the presence of sulfuric acid, diesel, and lead at 642 cellular facilities in 35 states and Puerto Rico, after performing a comprehensive audit of their operations. EPCRA requires facilities to report information about the chemicals and hazardous materials they have onsite to ensure that local emergency planners have the information they need to protect people’s health in the event of a release or emergency.
New Cingular Wireless was created in October 2004 through the merger of AT&T Wireless and Cingular Wireless PCS, LLC. This settlement concerns violations occurring at legacy Cingular Wireless sites from 2001 to 2003 and at New Cingular Wireless sites from October 2004 to 2006, specifically, violations at cellular sites, transmitter sites, switching stations, and warehouses. All of the violations disclosed by the company have been corrected, and the company has made improvements to its battery inventory, recordkeeping, and management systems to prevent the reoccurrence of these violations.
Since EPA reached its first audit policy settlement with a telecommunications company in 1998, nearly 40 telecommunications businesses have disclosed EPCRA violations. In doing so, they have enhanced facility and emergency response personnel’s capabilities to react to hazardous chemical emergencies at nearly 5,000 facilities. The audit policy provides incentives to companies that voluntarily discover, promptly disclose, and expeditiously correct environmental violations. The companies must also take steps to prevent future violations. EPA may reduce or waive penalties for certain violations if the facility meets the conditions of the policy.
EPA Releases Final Health Assessment for Tetrachloroethylene
Perc is a chemical solvent widely used in the dry cleaning industry. It is also used in the cleaning of metal machinery and to manufacture some consumer products and other chemicals. Confirming longstanding scientific understanding and research, the final assessment characterizes perc as a “likely human carcinogen.” The assessment provides estimates for both cancer and non-cancer effects associated with exposure to perc over a lifetime.
EPA does not believe that wearing clothes dry cleaned with perc will result in exposures which pose a risk of concern. EPA has already taken several significant actions to reduce exposure to perc. EPA has clean air standards for dry cleaners that use perc, including requirements that will phase-out the use of perc by dry cleaners in residential buildings by December 21, 2020. EPA also set limits for the amount of perc allowed in drinking water and levels for cleaning up perc at Superfund sites throughout the country, which will be updated in light of the IRIS assessment.
“The perc health assessment released today will provide valuable information to help protect people and communities from exposure to perc in soil, water and air,” said Paul Anastas, assistant administrator for EPA’s Office of Research and Development. “This assessment emphasizes the value of the IRIS database in providing strong science to support government officials as they make decisions to protect the health of the American people.”
The toxicity values reported in the perc IRIS assessment will be considered in:
• Establishing cleanup levels at the hundreds of Superfund sites where perc is a contaminant
• Revising EPA’s Maximum Contaminant Level for perc as part of the carcinogenic volatile organic compounds group in drinking water, as described in the agency’s drinking water strategy
• Evaluating whether to propose additional limits on the emissions of perc into the atmosphere, since perc is considered a hazardous air pollutant under the Clean Air Act
The assessment replaces the 1988 IRIS assessment for perc and for the first time includes a hazard characterization for cancer effects. This assessment has undergone several levels of rigorous, independent peer review including: agency review, interagency review, public comment, and external peer review by the National Research Council. All major review comments have been addressed.
In May 2009, EPA streamlined the IRIS process to increase transparency, ensure the timely publication of assessments, and reinforce independent review. In July 2011, EPA announced further changes to strengthen the IRIS program in response to recommendations from the National Academy of Sciences. EPA’s peer review process is designed to elicit the strongest possible critique to ensure that each final IRIS assessment reflects sound, rigorous science.
PAMEX Settles Pesticides Violations
EPA cited PAMEX for violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), a federal law requiring the registration of pesticide products and pesticide-production facilities, and the proper labeling of pesticides.
FIFRA’s requirements protect public health and the environment by ensuring the safe production, handling and application of pesticides; and by preventing false, misleading, or unverifiable product claims. FIFRA also prohibits the marketing of misbranded, improperly labeled, or adulterated pesticides.
EPA alleged that PAMEX violated FIFRA by selling two unregistered pesticides, Fabuloso Aroma de Bebe and Clorox Magia Floral, from its distribution facility located at 7900 Parston Dr., Forestville, Md. Fabuloso Aroma de Bebe, marketed as an antibacterial product, was sold 161 times, and Clorox Magia Floral, marketed as a disinfectant, was sold once.
As part of the settlement, the company neither admitted nor denied liability for the alleged violations, but has certified that it is now in compliance with FIFRA requirements.
Environmental News Links
Trivia Question of the Week
The average driver will spend how much money on fuel between the ages of 20 and 70?
a. $125,000 for gasoline or $29,000 for electricity if they drive electric vehicles
b. $200,000 for gasoline or $50,000 for electricity if they drive electric vehicles
c. $275,000 for gasoline or $12,000 for electricity if they drive electric vehicles
d. $525,000 for gasoline or $1,200 for electricity if they drive electric vehicles
