On March 21, 2011, EPA issued a final rule establishing standards for emissions of hazardous air pollutants (HAP) from boilers and process heaters located at major sources of HAP. EPA also issued a Notice of Reconsideration on March 21, 2011, listing issues that additional opportunity for public review and comment should be provided. Subsequently, the Agency received more than 25 petitions to reconsider, clarify, and amend certain provisions of the final rule.
EPA has announced that it plans to propose the amendments after the Agency analyzes the information submitted in the petitions.
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.
San Antonio RCRA and DOT Training
Chicago RCRA and DOT Training
Advertising Opportunities Available
EPA’s Plans for Hospital/ Medical/ Infectious Waste Incinerators
On October 6, 2009, EPA adopted amendments to the September 15, 1997, new source performance standards (NSPS) and emissions guidelines (EG) for hospital/medical/infectious waste incinerators (HMIWI). The amendments were developed in response to the March 2, 1999, remand of the 1997 HMIWI regulations by the US Court of Appeals for the District of Columbia Circuit (the Court), which requested further explanation of EPA’s reasoning in determining the minimum regulatory “floors” for new and existing HMIWI.
Sections 111 and 129 of the Clean Air Act (CAA) require states with existing HMIWI subject to the EG to submit plans to EPA that implement and enforce the EG. State plans to implement the EG adopted on September 15, 1997, are already in place, and revised or new state plans to implement the amended EG adopted on October 6, 2009, are currently undergoing EPA review. The deadline for states to submit revised/new state plans to EPA for review was October 6, 2010. If a state with existing HMIWI does not submit an approvable plan within 2 years after promulgation of the EG, sections 111(d) and 129 of the CAA require EPA to develop, implement, and enforce a federal plan for HMIWI in the state. EPA adopted a HMIWI federal plan on August 15, 2000, to implement the September 15, 1997, EG.
EPA plans to propose amendments to the HMIWI federal plan to implement the amended EG adopted on October 6, 2009, for those states that do not have an approved revised/new state plan in place by October 6, 2011.
Significant New Use Rule for Toluene Diisocyanates (TDI)
EPA is proposing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) designating the use of uncured TDI and its related polyisocyanates in a consumer product as a new use. This action would require persons who intend to manufacture, import, or process the chemical substance for the designated significant new uses to notify EPA at least 90 days before commencing such manufacture, import, or processing. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.
NSPS for Commercial and Industrial Solid Waste Incineration Units
On March 21, 2011, EPA issued a final rule establishing new source performance standards and emission guidelines for commercial and industrial solid waste incineration units. EPA also issued a Notice of Reconsideration on March 21, 2011, listing issues with an additional opportunity for public review and comment submission. Subsequently, EPA received more than 15 petitions to reconsider, clarify, and amend certain provisions of the final rule.
EPA plans to propose the amendments after the Agency analyzes the information submitted in the petitions.
Air Quality Designations for the 2008 Lead National Ambient Air Quality Standards: Second Round
EPA plans to publish a final rule that will establish air quality designations for certain areas in the US that in 2010 received deferred designations due to pending collection and review of additional data from recent deployed monitors for the 2008 lead (Pb) National Ambient Air Quality Standards (NAAQS). EPA is required to make the final initial designations no later than two years from the October 15, 2008, promulgation of the revised NAAQS.
However, if the Administrator has insufficient information to make these designations, the EPA has the authority to extend the designation process by up to one year. Because data from existing monitors indicated violations of the standard, and began collecting data from new monitors that began operation in January 2010, EPA is issuing this second rule to designate those deferred areas as meeting or not meet the 2008 Pb NAAQS.
NESHAP Area Source Standards for Prepared Feeds Manufacturing
Section 112(k) of the CAA requires the development of standards for area sources that account for 90% of the emissions in urban areas of the 30 urban HAP listed in the Integrated Urban Air Toxics Strategy. The Integrated Urban Air Toxics Strategy lists prepared feeds manufacturing as an area source category. EPA issued national emission standards for control of HAP for the Prepared Feeds Manufacturing area source category on January 5, 2010 (75 FR 522). In determining Generally Available Control Technology (GACT), EPA assumed that the vast majority of prepared feeds manufacturers were already meeting the cyclone design efficiency standard promulgated in the final rule.
In light of issues raised by industry with regard to the certification requirements associated with the design efficiency standard, EPA is planning to revise the rule to clarify, consistent with the rulemaking record and preamble of the final rule, that GACT for larger sources is the equipment practice of using a cyclone. This action will also clarify certain management practices in 63.11621(a)(1) and 63.11621(d).
Public Hearings on Proposed Air Pollution Standards for Oil and Natural Gas Production
The proposed standards would rely on cost-effective, existing technologies and practices to reduce pollution that contributes to smog and can cause cancer, while supporting the administration’s priority of continuing to expand safe and responsible domestic oil and natural gas production.
Each hearing will begin at 9:00 a.m. and continue until 8:00 p.m. (local time).
September 27: Pittsburgh, Pennsylvania
David L. Lawrence Convention Center
Rooms 315-316
1000 Ft. Duquesne Blvd.
Pittsburgh, PA 15222
September 28: Denver, Colorado
Convention Center
Room 207
700 14th St.
Denver, CO 80202
September 29: Arlington, Texas
Arlington Municipal Building
City Council Chambers
101 W. Abram St.
Arlington, TX 76010
EPA must issue a final rule by February 28, 2012.
EPA Launches Green Products Web Portal for Pollution Prevention Week
EPA has launched a new tool designed to provide easy access to information about everyday products like home appliances, electronics, and cleaning products that can save money, prevent pollution, and protect people’s health.
Pollution Prevention Week serves to recognize significant pollution prevention work around the country and help consumers get involved in pollution prevention. EPA’s new green products web portal is an easy way for all Americans to learn about products that prevent pollution and protect our environment.
Using the new tool, you can find electronics and appliances that have earned EPA’s Energy Star label and you can browse WaterSense products that help save energy and water. Additionally, consumers can find information about cleaning products that are safer for the environment and people’s health. These products bear the EPA Design for the Environment (DfE) label. The website will also help manufacturers and institutional purchasers with information on standards and criteria for designing greener products.
“By purchasing greener products, consumers can help reduce air pollution, conserve water and energy, minimize waste and protect their children and families from exposure to toxic chemicals, while also creating green jobs,” said Steve Owens, assistant administrator of EPA’s Office of Chemical Safety and Pollution Prevention,
EPCRA Penalty for Failure to Report on Acid in Batteries, Ethylene Glycol, and Diesel Fuel
Lindt & Sprungli, which has a production and warehouse facility in Statham, New Hampshire, will pay a penalty of $19,300 to settle EPA claims that it failed to submit important reports regarding hazardous materials at the facility. It is important for first responders to have access to this information in the event of an emergency.
The action is contained in an administrative Consent Agreement filed recently by EPA, which outlines concerns that the company stored lead and sulfuric acid in batteries, diesel fuel in emergency generators, and propylene glycol in refrigeration systems from 2006 to 2008 in quantities that triggered federal chemical inventory reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA).
The company was cooperative throughout the EPA investigation. The Consent Agreement initiates and settles EPA’s claims and certifies current compliance.
Lack of chemical inventory forms can compromise proper emergency planning and response by state and local emergency officials and deprives the community of its right to know about chemicals present in the neighborhood.
New Smart Window System Cuts Energy Cost
A new “smart” window system has the unprecedented ability to inexpensively change from summer to winter modes, darkening to save air conditioning costs on scorching days and returning to crystal clarity in the winter to capture free heat from the sun, scientists are reporting.
Ho Sun Lim, Jeong Ho Cho, Jooyong Kim, and Chang Hwan Lee point out that the drive for energy conservation has fostered efforts to develop new types of window glass for everything from skylights and windows in houses to conference room walls in offices. “Smart” windows that reflect sunlight away from buildings in summer and switch back to full transparency in winter already are available; however, they have many drawbacks, including high cost, rapid deterioration in performance, and manufacturing processes that involve potentially toxic substances. So, the researchers set out to develop a smart window that overcomes these drawbacks.
They discovered that using a polymer, so-called “counterions” and a solvent such as methanol was an inexpensive and less harsh way to make a stable, robust smart window. It has the added advantage of being extremely tunable—quickly and easily switching from 100% opaque to almost completely clear in seconds. “To our knowledge, such extreme optical switching behavior is unprecedented among established smart windows,” the authors state. “This type of light control system may provide a new option for saving on heating, cooling and lighting costs through managing the light transmitted into the interior of a house.”
BTZ, Inc. to Pay $110,000 Penalty to Resolve Asbestos and Air Quality Violations
The Arizona Department of Environmental Quality (ADEQ) and Arizona Attorney General’s Office announced that BTZ, Inc., has agreed to pay a $110,000 penalty for asbestos and air quality violations from its demolition activities and asphalt plant that occurred in Yuma County, Arizona.
ADEQ conducted inspections of BTZ’s hot mix asphalt and crushing and screening plants in 2008. At the asphalt plant, several holes in the bottom of the plant’s stack were observed and BTZ had not conducted a stack test on the plant to verify that the facility was meeting its emission limits. The company’s vehicles also were generating excessive dust at the site.
ADEQ investigators discovered that the crushing and screening plant was operating equipment without a permit. ADEQ also observed excessive dust emissions from equipment due to an inoperable pollution control device. Two Notices of Violation (NOV) were issued to BTZ for the violations. The company corrected those problems and returned to compliance in early 2010.
BTZ, Inc., also received an NOV in the summer of 2008 for not complying with state regulations for handling asbestos during its demolition of a section of Kofa High School. A follow-up inspection again found BTZ conducting demolition work prior to having the asbestos abated. An NOV was issued to BTZ for disturbing the asbestos materials during demolition, not properly marking the asbestos transport vehicles, and improperly packaging the materials in a dumpster. BTZ returned to compliance from those violations later that year.
“Companies involved in road-building and demolition activities need to do the proper pre- planning to insure that they have environmental compliance,” ADEQ Director Henry Darwin said. “But the company came into compliance promptly after the violations were identified.”
“Arizona companies must comply with the requirements that protect our air quality,” said Arizona Attorney General Tom Horne. “This settlement is a reasonable resolution for a company that operated improperly.”
Former Water Company Manager Indicted for Tampering with Samples of Contaminated Water
The former manager of the Milford Water Company (MWC) in Massachusetts, has been indicted for allegedly tampering with contaminated water samples during a boil water order and for making false statement about the samples, Attorney General Martha Coakley’s Office announced.
Henry Papuga, 61, of Milford, Massachusetts, was indicted by a Worcester County Grand Jury on charges of Tampering with Environmental Monitoring Device or Method (six counts) and Making False Statements (two counts).
“As manager of the Milford Water Company, the defendant was entrusted with the safety and well-being of the people in the community,” AG Coakley said. “We allege the defendant tampered with water samples which potentially put the health of thousands at risk.”
“Public water systems are expected to accurately collect samples for testing. These samples are essential to the work MassDEP does to ensure water quality and the public’s confidence in its drinking water,” said Commissioner Kenneth Kimmell of the Massachusetts Department of Environmental Protection (MassDEP). “Tampering with samples is a serious attack on the integrity of this system. This case shows how seriously we will respond to tampering.”
In January 2010, the AG’s Office began an investigation after the matter was initially investigated and referred by MassDEP. The indictments stem from an incident in August 2009, when the water supply in the Town of Milford tested positive for E. Coli. A subsequent order by MassDEP required residents to boil the water before consuming or using it.
According to MassDEP’s requirements, the boil water order could not be lifted until the MWC’s testing showed two consecutive rounds of water samples that were free from contamination. Investigators found that Papuga, who was the manager in charge of the water system, was under enormous pressure to get the boil water order lifted as soon as possible. Authorities allege that in his effort to get the boil water order lifted, Papuga tampered with six drinking water samples by adding chlorine to the samples.
Papuga allegedly submitted these tampered samples to a local lab for testing. On two of the forms submitted with the water samples, also known as “chain of custody” forms, authorities allege that Papuga falsely certified the integrity of the samples.
An analyst at the lab began testing the samples for coliform and the samples immediately turned black making it impossible to complete the test. To determine what was in the samples producing this highly unusual result, the lab tested for chlorine. The lab found that the chlorine level was so high that it exceeded the limits of the test. The lab then informed MassDEP that the samples could not be properly analyzed for bacteria because of their unusually high chlorine content. MassDEP and the Strike Force conducted their own investigation, tested the suspicious water samples, and found levels of chlorine in some samples 700 times the acceptable level for drinking water. As a result, the matter was referred to the AG’s Office for prosecution.
The charges stem from an investigation by the Massachusetts Environmental Strike Force, an interagency unit that includes prosecutors from the Attorney General’s Office, Environmental Police Officers assigned to the Attorney General’s Office, and investigators and engineers from MassDEP. The Strike Force is overseen by Attorney General Coakley, MassDEP Commissioner Kimmell, and Energy and Environmental Affairs Secretary Richard K. Sullivan Jr. The Strike Force investigates and prosecutes crimes that harm or threaten the state’s water, air, or land and that pose a significant threat to human health.
A Worcester County Grand Jury returned indictments against Papuga on September 21. His arraignment date has not yet been set.
Asbestos Abatement Contractor Sentenced to in Prison
After a two day hearing in federal court in Rochester, New York, US District Court Judge Charles J. Siragusa sentenced Keith Gordon-Smith, 54, of Rochester, to six years in prison for knowingly violating the CAA and making false statements to a federal inspector. Gordon-Smith was also sentenced to serve a three year term of supervised release to follow his prison term and was ordered to pay a $1,100 special assessment. Gordon Smith’s now defunct company was sentenced to pay a special assessment of $4,400.
In November 2010, a jury convicted Gordon-Smith and his company, Gordon-Smith Contracting Inc., (GSCI) of two counts of causing GSCI workers to violate CAA asbestos work practice standards at the west wing of the Genesee Hospital complex located in Rochester. The west wing was demolished in the summer of 2009.
The first violations took place between January and May 2007, when Gordon-Smith ordered GSCI workers to tear out copper pipes, ceiling tiles, and scrap metal from the west wing, a six-story structure that contained more than 70,000 square feet of asbestos. Gordon-Smith had a contract that allowed him to recover 50% of the salvage value of all copper pipe and scrap metal.
“The court’s sentence properly punishes Gordon-Smith and his company for the egregious crimes that placed workers and their families at risk and for his complete disregard of the environmental laws that protect human health and the environment,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “The court’s sentence should send a strong message to asbestos abatement contractors that they will be held accountable to the fullest extent of the law.”
“The highly dangerous actions of Keith Gordon-Smith exposed both workers and the public to hazardous materials,” said William J. Hochul Jr., US Attorney for the Western District of New York. “Those in the asbestos removal industry are well compensated for their work, but in return are under legal and moral obligation to perform the job correctly. When a company cuts corners—or worse—intentionally exposes workers and the public to harm—our office will act quickly and decisively.”
“Ensuring Clean Air Act work practice standards for asbestos are followed when renovating or razing a building is critical to protecting workers and the public,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “This sentence shows that when employers fail to adhere to the requirements of the law to make a profit, the consequences are serious.”
Gordon-Smith hired workers who had little formal education or English comprehension. A number of the workers had no training in asbestos removal and did not know they were being exposed to the asbestos while removing the copper pipes. Evidence at sentencing showed that when workers questioned Gordon-Smith, he lied and told them the areas did not contain asbestos. Gordon-Smith ultimately lied to an OSHA inspector who came to the site in September and October 2007 to investigate allegations of illegal asbestos removal.
When the workers removed the pipes and scrap metal, they were repeatedly exposed to asbestos, and described that the asbestos fell on them “like snow.” The workers were not provided with any protective clothing or respirators while tearing out the asbestos-contaminated pipes and wore their asbestos-contaminated clothing back to their homes and families after work.
The jury also convicted Gordon-Smith and his company of causing GSCI workers to illegally remove and dispose of asbestos during the actual asbestos abatement at the west wing, from May 2007 until February 2009. The asbestos was allowed to flow from upper floors through drains and holes in containment. Large amounts of asbestos were left hidden in the west wing. Gordon-Smith was fired from the site in February 2009. The building was subsequently cleaned of asbestos before it was demolished in September 2010.
The jury also convicted Gordon-Smith and his company of six counts of failing to provide required notices to EPA prior to commencing asbestos abatement projects at six different sites in the Rochester area, between 2005 and June 2008. The sites included the west wing of the Genesee Hospital Complex, Cobbles Elementary School in Penfield, New York, Bloomfield Elementary School in East Bloomfield, New York, the Al Sigl Center in Rochester, and the Hillside Children’s Center in Varick, New York.
Asbestos work practice standards under the CAA require that all asbestos must be removed from any structure where it may be disturbed, such as the west wing where Gordon-Smith ordered the workers to remove pipes contaminated with asbestos. While asbestos is removed during abatement, it must be wetted and kept adequately wet at all times and disposed of as soon as practical at an EPA-approved site.
The case was prosecuted by the US Attorney’s Office for the Western District of New York with the Environmental Crimes Section of the Environment and Natural Resources Division of the Department of Justice. The case was investigated by the US EPA Criminal Investigation Division and the US Department of Labor Office of the Inspector General. Criminal investigators were assisted by OSHA and the New York Department of Labor Asbestos Control Bureau.
Several Companies Fined for Truck Emission Violations
The California Air Resources Board (ARB) announced that during the second quarter of 2011 it settled 37 cases of air quality violations, mostly by trucks and buses for failure to properly conduct and pass self-inspections aimed at measuring vehicle smoke emissions to ensure state requirements are met.
Of the $223,295 collected, approximately $172,000 went to the California Air Pollution Control Fund to support air quality projects and research to improve California’s air quality. Approximately $52,000 went to the Peralta Community College District to fund emission education classes at participating California community colleges under the California Council for Diesel Education and Technology program.
“Businesses play a vital role in environmental protection,” said Paul Jacobs, Chief of ARB’s Mobile Source Enforcement Branch. “We work hard to establish and maintain good relationships so that we can educate business owners and keep them updated. However, if errors are made and air quality suffers as a result, we are required to take action.”
Fines totaled $223,295; with none from this group exceeding $30,000. The five companies paying the highest amounts were:
- County of Imperial, Department of Public Works, fined $27,000 for failure to properly self-inspect its diesel trucks to assure the vehicles met state smoke emission standards, as required under the Periodic Smoke Inspection Program (PSIP).
- Marquez Brothers International Inc., fined $24,000 for failure to comply with diesel fleet self-inspection requirements, and for violations of the Transport Refrigeration Unit (TRU) regulation.
- Brotherhood Trucking Inc., fined $17,617.50 for failing to properly self-inspect its diesel fleets and dispatching drayage trucks that either did not meet emission standards or were not entered into the Drayage Truck Registry.
- West Coast Refrigerated Trucking Inc., fined $15,750 for failing to properly inspect its diesel fleet and for not upgrading all its TRU engines as required by the TRU regulation.
- Peninsula Coast Joint Powers Board, fined $15,500 for failing to properly self-inspect its diesel fleet and for not meeting emissions requirements for NOx and PM as required by the Fleet Rule for Transit Agencies.
Diesel exhaust contains a variety of harmful gases and over 40 other known cancer-causing compounds. In 1998, California identified diesel particulate matter as a toxic air contaminant based on its potential to cause cancer, premature death, and other health problems.
$23,400 Fine for EPCRA TRI Reporting Violation
A chemical processing facility in Cranston, Rhode Island, has agreed to pay a penalty of $23,400 to settle claims by that the company failed to appropriately report chemicals used on site in violation of federal right-to-know laws.
The alleged violations took place in the year 2008 and 2009. The agreement stems from an EPA inspection of the Hess facility in 2010.
According to the EPA complaint, Hess processed more than the established thresholds of N-methyl-2-pyrrolidone, ethylene glycol, and other regulated chemicals, but did not report these chemicals during the time period required. Hess submitted these forms after the due dates, resulting in five violations of EPCRA.
Failure of a facility to file TRI forms deprives the community of its right to know about the chemicals present in a neighborhood. This enforcement action is expected to encourage better compliance with EPCRA reporting requirements and to ensure that the community is not deprived of its right to know about chemicals being processed, manufactured, or otherwise used in the neighborhood. The required information also protects the validity of health studies based on the TRI database and helps federal, state, and local authorities plan for cleaning up industrial pollution.
$25,000 Penalty for TRI Reporting Violations
Chemco, a company that manufactures wood treatment chemicals, will pay $25,400 for improper and late reporting on the use of two chemicals from 2005-2008, according to the EPA. The company, located in Ferndale, Washington, failed to properly report its use and releases of formaldehyde and methanol.
“Companies that deal with toxic chemicals have an obligation to report accurately and on time each year about releases of chemicals,” said Kelly Huynh, Manager of the Inspection and Enforcement Management Unit at EPA. “The information keeps the public in the know about what’s in their communities.”
Chemco uses formaldehyde and methanol in its wood treatment chemical manufacturing. The company used more than 25,000 pounds of formaldehyde and 10,000 pounds of methanol in 2005, 2007, and 2008. The company reported its use and releases of formaldehyde and methanol in those years late or inaccurately. An EPA inspector identified the reporting lapses in 2010.
Methanol and formaldehyde are volatile organic compounds that can react in the atmosphere to form smog. Both chemicals can be harmful to the respiratory, nervous, and gastrointestinal systems. Formaldehyde is a known human carcinogen.
Alabama Promotes Electronic Permit Applications
The Alabama Department of Environmental Management (ADEM) is encouraging business owners to participate in its new process that allows certain permit applications to be submitted electronically. This new process allows business owners, who are seeking to obtain permit coverage under an NPDES Construction General Permit, to file an electronic notice of intent (e-NOI) which offers benefits to both ADEM and business owners.
Participation in the e-NOI process allows business owners to receive electronic confirmation when their permit application has been received, when their fee payment has been processed, and when their coverage under the NPDES Construction General Permit has been granted. These features save time, as well as money, for business owners and can result in more efficient operations.
The e-NOI process also enhances efficiencies within ADEM and allows its staff to operate more efficiently during its processing of permit applications. “All agencies within government are being required to maintain the same level of service while utilizing fewer resources,” said ADEM Director Lance LeFleur. “ADEM is no exception to this fact and the e-NOI process allows us to provide the same level of service with fewer resources and without compromising the quality of our permit reviews.”
The e-NOI process is currently only available for business owners seeking coverage under the NPDES Construction General Permit. However, an e-NOI system is also being developed for multiple NPDES Industrial General Permits.
Seattle Mariners and BASF Batting for Zero Waste at Safeco Field
The Seattle Mariners and BASF have joined together in a unique partnership to further the Mariners composting and recycling program at Safeco Field. BASF is supplying Safeco Field with compostable bags made with BASF’s Ecovio® bioplastic, a completely compostable plastic that is made partially of renewable raw materials. Ecovio is the main component of the compostable liners used at all Safeco Field concessions stands and kitchens as well as the individual compostable bags at seats in the KeyBank Diamond Club.
Because nearly all items used for the service of food at Safeco Field are compostable (e.g., cups, napkins, straws, utensils, paper trays, etc.), the Mariners now recycle or compost around 80% of all waste generated at games. Recycling efforts divert an estimated 900,000 pounds of peanut shells, leftover food, compostable service ware, and grass clippings from the garbage stream each season. The use of compostable plastic liners and packaging contribute to the success of the composting and recycling efforts by removing potential sources of contamination and making collection cleaner, hygienic, and more efficient.
“The Mariners are leading the way for stadium Zero Waste to Landfill programs, and BASF is proud to support these programs. The use of compostable bags made with our Ecovio can continue to help the Mariners hit a recycling homerun,” said Keith Edwards, BASF Business Manager for Biodegradable Plastics in North America.
The Seattle Mariners are committed to sustainability in all aspects of organizational operations. This includes everything from recycling to conservation to “greening” the supply chain. In addition to the 80% recycling/composting rate, the Mariners have reduced consumption of natural gas by 60%, electricity by 30%, and water by 15% since 2006. Through a major capital investment program, the Mariners will continue to save an estimated $500,000 a year in utilities costs. These conservation efforts save the equivalent of 5.1 million pounds of CO2, and are equal to having planted 703 acres of trees and taken 344 cars off the road. The Mariners are committed to continuing these efforts because they are the “right thing to do,” and because they make good business sense.
EDF Climate Corps Finds $650 Million in Energy Savings
Recent headlines paint a gloomy picture of our economy, with its looming deficits and stubborn unemployment rate. Now, however, there is news that companies, cities, and universities have found ways to save millions of dollars while avoiding hundreds of thousands of metric tons of carbon pollution. How did they do it?
EDF announced that this summer’s class of Climate Corps fellows uncovered efficiencies in lighting, computer equipment, and heating and cooling systems that can:
- Cut 600 million kilowatt hours of electricity use and 27 million therms of natural gas annually, equivalent to the annual energy use of 38,000 homes;
- Avoid 440,000 metric tons of CO2 emissions annually, equivalent to the annual emissions of 87,000 passenger vehicles; and
- Save $650 million in net operational costs over the project lifetimes.
Thanks to the work of EDF Climate Corps fellows, organizations as diverse as McDonald’s, Target, the New York City Housing Authority, and North Carolina Agricultural & Technical University all found significant cost savings and greenhouse gas (GHG) reductions through energy efficiency.
Imagine how good the news would be if everyone reaped the full benefits of energy efficiency. The opportunity is enormous: McKinsey & Co. estimate that by 2020, the US could reduce its energy consumption by 23% through energy efficiency measures, cutting CO2 emissions by over a gigaton and saving over a trillion dollars.
EDF created Climate Corps to cut carbon pollution by overcoming the barriers that prevent organizations from investing in energy efficiency. Now in its fourth year, EDF Climate Corps has grown from 7 fellows in 2008 to 96 in 2011, and expanded to a nationwide program that spans corporate, academic, and government sectors. EDF considers the best new to be their implementation rate: to date, projects accounting for 86% of the energy savings identified by 2008-2010 EDF Climate Corps fellows are complete or underway.
Public Water Supply District to Pay $5,696 Civil Penalty for Risk Management Program Violations
The Public Water Supply District (PWSD) No. 2, of St. Charles County, Missouri, has agreed to pay a civil penalty of $5,696 to the US for Risk Management Program violations related to its use of chlorine gas as a disinfectant at its drinking water treatment facility in Defiance, Missouri.
As part of an administrative civil settlement with EPA Region 7, PWSD No. 2 has also agreed to spend at least $80,000 on a supplemental environmental project to hire a consulting engineering firm to evaluate the use of non-chlorine disinfectants at the Defiance facility. This evaluation is significant because it could identify safer disinfectant alternatives to chlorine gas, which is highly toxic.
According to an administrative consent agreement filed by EPA in Kansas City, Kansas, the Agency inspected the Defiance facility in April 2010 and found violations of the federal CAA’s Risk Management Program regulations. Specifically, the inspection noted that PWSD No. 2 had not filed a Risk Management Plan (RMP) with EPA at the proper, and most rigorous, level required by the regulations; that it had failed to document its process safety information, and failed to conduct a process hazard analysis. Under the federal CAA, PWSD No. 2 was required to take those actions because its facility’s stores of chlorine gas were above the regulatory threshold amount of 2,500 pounds.
EPA enforces the Risk Management Program regulations of the CAA with a goal of preventing accidental chemical releases and minimizing the impact of releases or other accidents that may occur.
The establishment of Risk Management Programs and formulation of RMPs helps companies, industries, and municipalities operate responsibly, assists emergency responders by providing vital information necessary to address accidents and other incidents, protects the environment by preventing and minimizing damage from accidental releases, and keeps communities safer.
Fort Wainwright Fined Over $79,000 for Motor Vehicle Waste Disposal Wells
EPA banned Class V injection wells for motor vehicle waste disposal in 1999 because of the risks they pose to groundwater sources. Under the Safe Drinking Water Act, facilities in Alaska had until 2005 to permanently close this category of wells.
“Our inspectors are still finding motor vehicle waste disposal wells in Alaska that should have been shut down years ago,” said Edward Kowalski, Director of EPA’s Office of Compliance and Enforcement in Seattle. “The wells can contaminate groundwater that communities depend on. Facilities need to do the responsible thing and close the wells.”
EPA notified the army base, located near Fairbanks, Alaska, several times beginning in 2005 that the wells needed to be shut down. All the wells were located in a groundwater protection area and had the potential to endanger public drinking water if motor vehicle fluids such as engine oil, transmission fluid, antifreeze, and solvents were carried into the aquifer.
Fort Wainwright will reclassify two of the closed wells that showed no contamination and use them as septic systems for sanitary waste only. Sampling showed that the third well did have contamination problems and it has been permanently closed. No known impacts to human health arose as a result of this contamination.
Underground injection wells are often used in areas where sewage treatment facilities are not available. When an injection well is used for fluid disposal, it is important to ensure that no harmful substances that could endanger drinking water sources are injected.
Monson Companies Faces EPA Sanction for Unsafe Storage of Hazardous Chemicals
Monson Companies Inc., of Leominster, Massachusetts, a chemical manufacturing and distribution facility in South Portland, Maine, faces an EPA fine of up to $151,900 for improper storage of hazardous materials, in violation of federal and state laws.
The company, which operates a warehouse, distribution, repackaging, and custom blending chemical manufacturing facility, was recently issued a complaint by EPA for its failure to meet the requirements of the CAA, the Maine Hazardous Waste Management Rules, and federal EPCRA
According to EPA, Monson violated the CAA’s chemical accident prevention provisions by not appropriately storing numerous chemicals that, alone or in combination, are extremely hazardous and can cause explosions or other violent reactions. The complaint alleges that the facility stored incompatible chemicals sufficiently close together that a spill or release of one chemical could result in a chemical reaction with other chemicals, creating toxic gases or causing a fire or explosion.
“EPA’s inspections of chemical warehouses and distribution facilities have revealed some dangerous storage conditions and, often, a failure to adequately warn emergency responders about chemicals that they could encounter while fighting a fire or responding to a release,” said Curt Spalding, regional administrator of EPA’s New England office. “Carefully following the appropriate methods when storing hazardous chemicals is easy to do, and can help save lives.”
The complaint also alleges that the facility violated the CAA by not leaving enough aisle space between piles of hazardous materials to allow personnel or other emergency responders access in the event of an accidental release. The “General Duty Clause” of the CAA aims to prevent accidental releases of substances that can cause serious harm to the public and the environment from short-term exposures and to reduce the severity of accidental releases that do occur.
Failure of a facility to file these forms leaves the community unaware of the presence of chemicals in the neighborhood that may affect public health and the environment. Also, these forms help federal, state, and local authorities plan for emergency response actions and the cleanup of industrial pollution.
The complaint also alleges that Monson failed to conduct hazardous waste determinations, as required by Maine Hazardous Waste Management Rules. EPA inspectors found several containers that were identified by facility personnel as waste, but without any determination of what kind of waste, as required by Maine Hazardous Waste Management Rules. The proper determination of wastes generated or stored on-site is fundamental to a facility’s waste management program, and failure to determine the hazards associated with each waste and label them poses a substantial risk to employees, emergency responders, and the environment. Monson also failed to maintain an updated hazardous waste contingency plan, as required by Maine law. The facility had a contingency plan, but it was inaccurate and out-of-date in several key areas. Failure of a facility to maintain an adequate hazardous waste contingency plan puts employees, emergency responders, and the community at increased risk in the event of an unexpected incident.
This case arises out of a series of inspections that EPA New England has undertaken at chemical warehouse and distribution facilities in an effort to address compliance issues at these facilities.
Some of the lessons learned from those investigations (many of which are not applicable to Monson’s facility) include:
- It is important to ensure the adequate separation of incompatible materials;
- It is important to ensure that the buildings are structurally appropriate for flammable chemical storage and that they are equipped with the proper fire protections;
- Facilities should not assume that the list of chemicals covered by OSHA Process Safety Management regulations is perfectly consistent with the list of chemicals covered by CAA Risk Management Program regulations;
- Companies violating the CAA often were also violating EPCRA and/or hazardous waste regulations;
- Companies should ensure that secondary containment systems for chemicals (to contain spills or leaks) are in good repair, that drums are stored in a stable manner, and that there is adequate aisle space for emergency responders;
- The General Duty Clause requires companies that manage extremely hazardous substances to prevent chemical accidents by, among other things, designing and maintaining a safe facility;
- Companies should do regular inspections to ensure the integrity of their indoor or outdoor tank areas, including but not limited to testing of tank integrity, piping systems, and secondary containment areas; and
- Companies storing and distributing large quantities of chemicals must ensure that they have excellent coordination with local emergency responders; local fire departments had safety concerns about some facilities.
Monson has since submitted the required hazardous chemical inventory form and has addressed the CAA hazards identified by the EPA inspector. The company has also completed hazardous waste determinations and properly shipped certain wastes off site as hazardous wastes.
EPA New England has brought 10 CAA enforcement actions against companies that warehouse chemicals, including six administrative compliance orders and four penalty orders.
Oil Distributor Pays $15,000 Penalty for Inadequate Spill Prevention Measures
Kimble Oil, Inc., agreed to pay a $15,000 fine for alleged violations of the Clean Water Act (CWA) at its oil storage and distribution facility in Challis, Idaho, under an order issued by the EPA.
During an August 2009 inspection of the facility, inspectors noted several violations of CWA regulations including:
- The failure to prepare an adequate spill prevention plan
- Inadequate secondary containment structures
- The failure to control drainage for undiked areas
- The failure to conduct inspections and spill prevention training
“Preventing and containing oil spills is essential to protecting our rivers, lakes and streams,” said EPA’s Kowalski. “Developing plans, installing containment structures and taking other safety measures helps ensure that spills won’t occur, and if they do, they are contained.”
The SPCC regulations require that facilities handling or storing a certain volume of oil to have a detailed, written plan detailing the measures in place for preventing and responding to petroleum spills.
Kimble Oil facility is located approximately 50 feet from Garden Creek, which connects to Hannah Slough and then to the Salmon River.
EnPro Safety Summit
EnPro Industries, one of America’s safest companies, is opening the doors to its annual safety conference to the readers of Environmental Resource Center’s Environmental Tip of the Week. Until now, this conference has only been open to EHS managers from this leading manufacturer of sealing products, engineered products, and engine products. Enpro has about 3,600 employees in the US, Europe, Canada, and Mexico. At this meeting, you’ll learn how EnPro achieved an accident and employee lost time rates that are amongst the safest among similar industries. You’ll also learn how your employees can empower your safety machine, how to get the best in class workers compensation rate, key policies and procedures, and you’ll get to feel and touch a true safety culture.
The conference will be held October 24–25 in Houston. For more information, contact Rick Rudy at 303-433-3282 and mention that you were invited to attend as a reader of Environmental Resource Center’s Environmental Tip of the Week.
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Trivia Question of the Week
Between 1990 and 2010, the amount of CO2 released to the atmosphere worldwide:
a. Decreased 4.5%
b. Increased 4.5%
c. Stayed about the same
d. Increased 45%
