Under the Emergency Planning and Community Right to Know Act (EPCRA, also known as SARA Title III), your site must submit Tier 2 forms on March 1 of each year if you have certain chemicals on-site. Chemicals listed as extremely hazardous substances are assigned threshold planning quantities which form the basis for determining if the Tier 2 form is required. However, if a chemical is classified as an OSHA hazardous chemical, and is not on the list of extremely hazardous substances, the threshold is 10,000 lb.The list includes many common chemicals, such as sulfuric acid, which has a threshold planning quantity of just 1,000 lb. Many sites have enough lead acid batteries to trigger the sulfuric acid threshold.
The newest version of Tier2 Submit is available for Reporting Year (RY) 2012, which can be used to report EPCRA Tier II chemical inventory data by the March 1, 2013, deadline for RY 2012. Your state may have specific reporting requirements; therefore, you should first check with your state.
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Upgrade Your Career: Environmental and Safety Consultant/Trainers
Environmental Resource Center has positions open for environmental and safety consultants at our office in Cary, North Carolina. You must have excellent writing and speaking skills. We currently have openings for a top-notch consultants with expertise in:
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You must have at least 2 years of experience in government or industry environmental and/or compliance and be able to immediately train the subject matter to both novices and experts. Strong consideration will be given to applicants who have experience presenting training on more than three of the topics listed above.
In addition to instructing seminars and on-site training programs, the position includes maintenance of training materials (books, PowerPoints, computer based training), consulting projects, business development, development of future classes, and keeping our customers satisfied.
Environmental Resource Center offers a competitive salary based on experience, a 401(k), profit sharing, medical and dental insurance, and other great benefits.
EPA to Modify Hazardous Waste Biennial Report Form
EPA recently submitted to the Office of Management and Budget an Information Collection Request (ICR), which is a routine requirement whenever the agency creates or updates a data collection burden on the regulated community. The agency’s anticipated changes in the 2013 the biennial report were disclosed in the ICR.
The proposed changes to the 2013 biennial report booklet include:
- Some management method codes will be consolidated in order to ease reporting
- The waste minimization codes will be revised in order to assist filers with reporting their waste minimization activities
- Editorial changes will be made to the description of some source codes in order to improve clarity for filers
EPA also amended the current ICR, so that the biennial report booklet for the next cycle, the 2013 cycle, will be available at the beginning of the data collection year. This change is in response to many requests by States. Although the EPA requires the report be submitted biennially, some states require the submission of a hazardous waste report annually.
EPA Releases Draft Section 319 Nonpoint Source Program and Grant Guidelines
EPA has released draft Nonpoint Source Program and Grants Guidelines for States and Territories for review and comment. The revised guidelines provide states and territories with a framework to use section 319 Clean Water Act grant funds to effectively implement their state nonpoint source management programs. The guidelines provide updated program direction, an increased emphasis on watershed project implementation in watersheds with impaired waters, and increased accountability measures. They also emphasize the importance of states updating their nonpoint source management programs to ensure that section 319 funds are targeted to the highest priority activities.
EPA Launches SepticSmart to Prevent Costly Septic System Problems, Protect Environment
EPA launched SepticSmart, a new program encouraging homeowners to take steps to maintain their home septic systems, preventing costly repairs, inconvenience and pollution to local waterways, which poses risks to public health and the environment. According to the US Census Bureau, nearly 25% of US households—more than 26 million homes—and almost one-third of new developments are serviced by septic systems.
EPA launched SepticSmart to promote proper septic system care and maintenance. This national program aims to educate homeowners about proper daily system use and the need for periodic septic system maintenance. SepticSmart also provides industry practitioners, local governments and community organizations with tools and materials to educate their clients and residents.
SepticSmart tips include:
Spread out laundry and dishwasher loads throughout the day. Consider fixing plumbing leaks and installing faucet aerators and water-efficient products. Too much water use at once can overload your system, particularly if it hasn’t been pumped in the last couple of years.
Avoid pouring fats, grease and solids down the drain, which can clog your system.
Homeowners should have their septic system inspected every three years by a licensed contractor and have their tank pumped when necessary, generally every three to five years. Regular inspection and pumping of a septic system can save homeowners from costly repairs—on average, it costs homeowners $250 to pump their septic system, while the average cost of replacing a conventional septic system is $5,000–$10,000. As the holidays approach, consider having your tank inspected and pumped.
Ask guests to only to put things in the toilet that belong there. Dental floss, disposable diapers and wipes, feminine hygiene products, cigarette butts, and cat litter can clog and potentially damage septic systems.
Remind guests not to park or drive on your system’s drainfield because the vehicle weight could damage buried pipes or disrupt underground flow causing system backups and floods.
California to Coordinate Greenhouse Gas Standard for Cars with EPA
The Air Resources Board recently approved an amendment allowing compliance with national greenhouse gas (GHG) emissions regulations for passenger vehicles to qualify for compliance under the California’s clean car rules.
“The Board’s action today is the final step in establishing a single national program to reduce GHG emissions by increasing vehicle efficiency,” said Air Resources Board Chairman Mary D. Nichols. “It is the culmination of two years of close cooperation with the Obama Administration to develop strong standards that will save consumers money at the pump, move us away from our dependence on petroleum and help clean our air.”
The approved amendment, known as a “deem to comply” measure, acknowledges that the federal vehicle standard satisfies California’s requirements. Approval of the amendment marks the fulfillment of a commitment California made in the summer of 2011 to auto manufacturers and the Obama administration to accept the proposed federal standards as equivalent to its own.
The GHG standards under the California Low Emission Vehicle (LEV III) standard, like the federal program, will be in effect for the 2017 through 2025 model years and are designed to reduce GHG emissions by 35% over that period.
Many of the technologies that reduce climate change and tailpipe emissions also significantly improve fuel economy, which will result in these cleaner cars costing less to operate than today’s cars.
The full package of California regulations, including tailpipe standards for smog-causing pollution and a mandate for specific numbers of zero emission vehicles will save California drivers $5 billion dollars in operating costs in 2025, and $10 billion dollars by 2030 when more advanced cars are on the road.
In addition, in 2025, average consumers will see nearly $6,000 in fuel cost savings over the life of the car. Based on typical financing for a new vehicle, savings accrue the minute the car drives off the lot.
EPA Releases Effective Utility Management and Lean Resource Guide for Water Sector Utilities
The guide explains how utilities can use these two important and complementary approaches to reduce waste and improve overall efficiency and effectiveness. Effective utility management provides a common management framework to help water and wastewater systems build and sustain the technical, managerial, and financial capacity needed to ensure sustainable operations. While the focus is on outcomes water sector utilities should strive to achieve, there is also a need to demonstrate how other well-accepted tools can help utilities achieve these outcomes by improving efficiency, reducing waste in their operations, and improving other areas of performance. One set of tools involves the use of Lean techniques. Lean is a business improvement approach focused on eliminating non-value added activity or waste using practical, implementation-based methods.
Roquette America Inc. to Pay $4,100,000 Penalty to Settle Violations of Clean Water Act
Roquette America, Inc., has agreed to pay a $4,100,000 civil penalty to settle alleged violations of the Clean Water Act and its National Pollutant Discharge Elimination System (NPDES) permit at its grain processing facility in Keokuk, Iowa, the EPA and the US Department of Justice announced recently.
As early as 2008, Roquette was aware that its wastewater treatment plant was marginally adequate and that it could not handle spills or surges in loading. Instead of constructing additional containment structures for wastewater surges, or routing spills to the wastewater treatment plant, Roquette allowed the industrial waste to be discharged directly into the Mississippi River and Soap Creek.
“The magnitude of these violations warrants the magnitude of the penalty,” said EPA Region 7 Administrator Karl Brooks. “The Mississippi River is a vital waterway, used by millions of Americans for commerce, recreation, and drinking water. It is imperative that industrial facilities abide by their discharge permits to protect our valuable water resources.”
The Iowa Department of Natural Resources (IDNR) has issued three Administrative Orders and eight Notices of Violation to Roquette since 2000. Despite these orders and notices, Roquette continued to overload its wastewater treatment plant and failed to address the deficiencies at other portions of its facility, resulting in permit violations and illegal discharges of untreated industrial waste. At the request of IDNR, EPA initiated its review of the violations.
The Keokuk facility violated its NPDES permit at least 1,174 times, and on at least 30 occasions illegally discharged via storm drains resulting in at least 250,000 gallons of industrial waste being released into the Mississippi River and Soap Creek. In addition to these permit violations and illegal discharges, Roquette discharged partially treated industrial waste from its wastewater treatment plant, and discharged steam condensate into Soap Creek through an unpermitted outfall.
Roquette will also complete other requirements valued at more than $17 million to further protect the Mississippi River and Soap Creek. Among these requirements are the completion of a sewer survey to identify possible discharge locations, the implementation of sewer modifications, the construction of upgrades to the wastewater treatment plant, and the performance of enhanced effluent monitoring. In addition, Roquette will obtain annual third-party audits of its compliance with its operations and maintenance program, Storm Water Pollution Prevention Program, the company’s NPDES permits, and the compliance requirements set out in the consent decree.
Vehicle And Engine Importers To Pay Civil Penalty To Resolve Clean Air Act Violations
EPA and the Department of Justice announced a settlement with two former importers of highway motorcycles, recreational vehicles, and small spark ignition engines. The defendants, Yuan Cheng International Group, Inc. (YCIG) and NST, Inc. (NST), located in Montclair, California, allegedly imported and sold vehicles and engines from China in violation of Clean Air Act requirements.
The settlement resolves allegations that, between 2006 and 2011, the companies imported and introduced into commerce 17,521 recreational vehicles, highway motorcycles, and nonroad spark ignition engines without proper EPA certifications required under the Clean Air Act to prevent excess emissions of pollutants. Vehicles and engines that are not certified may be operating without proper emissions controls and can emit excess carbon monoxide and nitrogen oxides and cause respiratory illnesses, aggravate asthma and contribute to the formation of ground level ozone, or smog. The settlement also resolves claims for failure to adequately respond to EPA’s requests for information and labeling violations under the Clean Air Act.
The settlement requires the companies and Mr. John Cheng and Ms. Jenny Yu, senior company executives, to pay a combined civil penalty of $50,000. This amount is based on the United States’ determination that the parties have a limited ability to pay a civil penalty in this matter. Both companies have ceased importing vehicles and engines and are now dissolved. In the fall of 2010, NST agreed to pay $250,000 to the State of California to resolve similar violations concerning the illegal sale of uncertified vehicles.
“When companies or their executives fail to comply with US standards when importing vehicles and engines into the United States, it affects the nation’s air quality, impacts consumers and puts businesses that play by the rules at a disadvantage,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement demonstrates EPA’s commitment to ensuring that imports comply with requirements that protect our nation’s air quality, while leveling the playing field for businesses that comply with the law.”
In addition, Mr. Cheng and Ms. Yu must enter into a compliance plan with EPA prior to any future importation, distribution, selling, or offering for sale of any products covered by the Clean Air Act. They must also provide EPA with notice prior to forming any US business entity that engages in the importation, distribution, selling or offering for sale of any products covered by the Clean Air Act, or before individually engaging in such activities. Mr. Cheng and Ms. Yu may be liable for any additional penalties for any violations of the settlement agreement, including $25,000 per vehicle or engine imported, sold or distributed that is not in accordance with an EPA-approved compliance plan, and up to $5,000 per day for each failure to provide notice to EPA as mentioned above.
EPA Fines 16 Firms for Violations of the Lead Renovation, Repair, and Painting Rule
EPA announced 16 enforcement actions for violations of the lead-based paint Renovation, Repair and Painting Rule (RRP). A priority for EPA’s enforcement program is to protect children, and others, from exposure to lead dust that can cause lead poisoning by ensuring that renovators follow the RRP and other lead rules. Lead exposure can cause a range of adverse health effects, from behavioral disorders and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing.
“At least 4 million households with children have lead paint, and over a half million children have elevated levels of lead in their blood. But lead exposure is preventable when you know what to look for and what to do,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “These settlements serve as an important reminder of the importance of using lead-safe practices to protect the health of our children and prevent lead poisoning.”
The RRP rule requires that contractors that work on pre-1978 dwellings and child-occupied facilities be trained and certified to use lead-safe work practices. This ensures that common renovation and repair activities like sanding, cutting and replacing windows are done in ways that minimize dangerous lead dust. EPA finalized the RRP rule in 2008 and the rule took effect on April 22, 2010.
The enforcement actions listed below address many serious RRP Rule violations that could result in harm to human health. These actions include cases where the respondent failed to follow lead-safe work practices. Lead-safe work practices are critical to reducing exposure to lead-based paint hazards and, thereby, avoiding potential lead poisoning. In at least five actions, children lived at the property; thus, the respondent directly put children at risk of exposure to lead-based paint hazards. Also, in several cases, respondents failed to obtain firm certification prior to performing or offering to perform renovation activities on pre-1978 homes. The RRP Rule’s certification requirements ensure that firms and renovators know the RRP Rule, and how to employ lead-safe work practices. Other alleged violations include the respondent’s failure to provide EPA's “Renovate Right” pamphlet to homeowners and occupants. The pamphlet is an important mechanism for helping homeowners and tenants understand the risks of lead-based paint hazards, and how best to minimize these risks to protect themselves and their families.
The 16 enforcement actions include 13 administrative settlements and 3 filed administrative complaints. The settlements advance EPA’s mission to protect human health because, under each settlement, the respondent was required to certify that it has come into compliance with the RRP Rule – and compliance results in greater protection for children and others in the future. EPA also assessed civil penalties. When formulating penalties, EPA must evaluate an entity’s ability to pay a penalty and to remain in business. Accordingly, the Agency assessed a total of $53,792 in civil penalties. In the 3 administrative complaints that EPA has filed, the Agency seeks civil penalties up to the statutory maximum of $37,500 per violation.
Settlements:
- Alliance Contracting & Design, LLC, of Bay City, Michigan
- Dasa Properties LLC, of Buffalo, New York.
- DiGiorgi Roofing and Siding, Inc., of Beacon Falls, Connecticut
- Exterior Images of Derry, New Hampshire
- Hometown Painting, Inc., of Warrenville, Illinois
- Kindred Painting, LLC, of Dover, New Hampshire
- Leanza Painting Contractors, Inc., of Morristown, New jersey
- Mac Stringer Painting and Staining of Ontario, New York
- Scheffler Painting, LLC, of Trenton, Michigan
- Spartan Painting, Inc., of Haslett, Michigan
- Sunshine Home Improvement, LLC, of Lenexa, Kansas
- Universal Remodeling & Building, LLC, of Stratford, Connecticut
- Wildwood Apartments, LLC, of Jackson, Michigan
Complaints:
- Collegiate Entrepreneurs, Inc., of Braintree, Massachusetts
- PZ Painting of Springfield, New Jersey
- Kachina Contractor Solutions of Elkins Park, Pennsylvania
Hilcorp Energy Company Fined for Violating the Clean Water Act
The Hilcorp Energy Company of Houston has been fined $26,100 by EPA for Spill Prevention, Control and Countermeasure violations under the Clean Water Act.
A March 28, 2012, inspection of the South Pass Block 24 offshore oil production facility in Plaquemines Parish, Louisiana, found the company failed to address secondary containment for spilled gasoline and collection of oil discharges. The spill prevention and countermeasure plan did not provide a spare pump or method of activation for surface and underground valves at the facility, and the company had not developed or implemented a response plan to address a major oil discharge.
Federal regulations require facilities with more than 42,000 gallons of oil storage capacity and transport oil over water to maintain a Facility Response Plan. The facility has a storage capacity of over 477,000 gallons of oil with a drainage area from Zinzin Bay to the Gulf of Mexico. The facility did not have a Facility Response Plan.
EPA Reaches Agreement with Companies to Remediate Contaminated Site
EPA announced that TRC Companies, Inc., TRC Environmental Corp. and Ravenswood Holdings Company, LLC (TRC) have signed an EPA consent order outlining work to be done to prevent releases of cyanide into soil and groundwater for a 2.7 acre site in Ravenswood, West Virginia, where a former aluminum manufacturing facility deposited contaminated waste.
The TRC Spent Cathode Storage Pile is located within an active industrial facility at 2/20 County Road in Ravenswood. The spent potliner pile consists of approximately 50,000 cubic yards of waste material and is completely surrounded by two other parcels. The site is completely enclosed by a chain-link fence.
Aluminum smelting waste, contained in the spent potliner pile, accumulated between 1972 and 1980, and was awaiting shipment for mineral recycling. The recycling of this type of waste material subsided in the late 70’s, thus necessitating the need to cover it. The entire waste pile was covered with a polymeric liner in 1981 to prevent contact with storm water, which could leach cyanide compounds in the waste pile into the ground water.
In November 2011, EPA determined that the waste material should remain in place and that repair and maintenance of the existing rubber membrane liner should continue until the liner is replaced. The final decision and the consent order require TRC to perform maintenance and comply with required controls to prevent further contamination.
TRC has agreed to repair and maintain the rubber membrane liner to prevent the escape of cyanide from the site.
Conviction of Contractor for Illegal Waste Dumping in Calvert County Secured
Maryland Attorney General Douglas F. Gansler announced recently that American Contractors, Inc., of Hyattsville, pleaded guilty in the Circuit Court for Calvert County to unlawfully disposing solid waste and performing construction without obtaining an approved Sediment Control Plan. Judge Warren J. Krug sentenced the defendant company to pay $14,290 in restitution to the property owner for the cost of cleaning up the dumped waste and imposed a fine of $30,000 with all but $10,000 suspended. The company was placed on five years probation.
"Illegal dumping and failure to control sediment run-off can inflict a costly blight on any community," said Attorney General Gansler. "This office is committed to the enforcement of these laws that protect the health and home values of Maryland property owners."
The illegal activity was discovered by the Calvert County Department of Planning and Zoning in response to a complaint of illegal dumping. It was referred to the Maryland Department of the Environment and the Environmental Crimes Unit of the Office of the Attorney General.
An investigation revealed that the property owner's son had responded to an ad on Craigslist for free fill dirt and contacted American Contractors, Inc., to deliver dirt to his mother's property located on Yellow Bank Road in Dunkirk. Investigators found truckloads of solid waste consisting of construction and demolition debris, mattresses, pipes, toilet fixtures and other debris dumped on the property. In addition, the land had been disturbed without obtaining an approved sediment control plan.
In making the announcement, Attorney General Gansler thanked Assistant Attorney General Jay Robinson and Chief Investigator David Williams for their hard work on the case. This conviction follows an investigation conducted by the Environmental Crimes Unit of the Office of the Attorney General, with the assistance of Calvert County Department of Planning and Zoning and the Maryland Department of the Environment.
California Launches Nation’s Largest Carbon Market
California recently launched the nation’s largest carbon market, putting in place a key measure that is poised to significantly reduce carbon emissions under the goals of California’s landmark clean energy law, AB 32.
Six years in the making, California’s cap-and-trade program, encompassing the electricity, industrial, and transportation sectors, will hold the state’s largest emitters accountable for their carbon pollution, while providing incentives to develop innovative clean energy solutions. Cap-and-trade is part of California’s comprehensive package of clean energy solutions that includes sustainable communities, renewable energy, energy efficiency, standards for clean cars and trucks, and clean fuels.
Predictably, the petroleum industry and other opponents of California’s drive towards clean energy are pushing to move the state backward. Their recent calls to weaken and delay AB 32 echo past efforts to block clean energy progress. But California voters continue to stand firm on the need to move forward with clean energy solutions. Voters resoundingly rejected Prop 23 in 2010, and earlier this month reaffirmed their commitment to accelerating clean energy and energy efficiency by passing Prop 39.
DTSC Cites Chemical Waste Management for Failing to Report Hazardous Waste Spills
The California Department of Toxic Substances Control (DTSC) announced tough enforcement action against Chemical Waste Management (CWM) facility in Kettleman City. DTSC issued 72 violations, to the facility for failing to report hazardous waste spills on its property. This case, which has been referred to the Attorney General’s Office, is expected to result in substantial fines being levied against the facility.
Chemical Waste Management (CWM) is a commercial California landfill facility permitted to dispose of or treat and store hazardous waste and municipal solid waste (such as everyday trash). The facility is located in western Kings County, California, bordering the San Joaquin Valley.
“It is troubling to me that Chemical Waste Management violated their current permit by not reporting these spills to DTSC, particularly after having been down this road with them a year ago,” said Brian Johnson, DTSC Deputy Director of Enforcement. “Although there is no evidence that suggests harm to the community, it is not acceptable to deprive DTSC of information that informs us how well a facility is operating. This is a clear violation of the rules.”
Trucks from all over California bring hazardous and nonhazardous material to the Kettleman landfill. The spills mostly occurred in the loading area of the facility and the sampling area. Examples of wastes spilled include herbicides; lead contaminated soil, PCB’s, and other chemicals. There is no evidence to suggest that the landfill’s violations posed any danger to nearby communities or workers at the facility or the environment.
The 72 spills, which occurred during June 2008-2012, were contained on site. In most cases the size of the spill was less than five lb. Although the spills were small in volume and did not result in impacts to surrounding communities, CWM’s permit requires that DTSC be notified so that spill cleanup is documented and to help evaluate how well the facility operates.
During a routine inspection in April 2012, DTSC discovered that CWM had created an internal record of spills but had failed to notify DTSC. CWM’s current permit requires verbal notification within 24 hours of a hazardous waste spill and written notification within 10 days of the discovery of the release.
Montana DEQ Launches Innovative New Asbestos Project Permit Application Service
The Montana Department of Environmental Quality (DEQ) has launched a new Asbestos Project Permit and Demolition Notification online service. Now asbestos project permits and demolition notifications can be submitted through the DEQ website and mobile devices including smartphones and other handheld or tablet devices.
Asbestos Project Permits and Demolition Notifications are required prior to demolition or renovation of commercial buildings in order to protect both workers and the public from the release of potentially hazardous asbestos containing materials.
Other benefits of the online service include application error reduction and mobile access so contractors can submit permit applications and notifications right from the work site.
Energy Commission Awards More Than $300,000 for Electric Vehicle Charging Infrastructure
The California Energy Commission recently approved funding of $341,045 to help increase the state's plug-in electric vehicle charging infrastructure. These awards help to fulfill the state's pioneering climate-change policies and promote the development of clean energy transportation for California.
"These investments in charging infrastructure will support the growing number of plug-in electric vehicles on California roadways," said Energy Commissioner Carla Peterman. "The availability of this charging infrastructure is crucial to fulfilling the Governor's executive order to significantly expand the market for zero emission vehicles in California, which will improve air quality, reduce petroleum use and create jobs."
Governor Brown's executive order of March 23, 2012, directs state government to support and facilitate the rapid commercialization of zero-emission vehicles (ZEVs) in California, with a target of having 1.5 million ZEVs on California roadways by 2025. The order also requires that sufficient infrastructure be installed in California to support 1 million ZEVs by 2020.
The infrastructure awards approved are made through the Commission's Alternative and Renewable Fuel and Vehicle Technology Program, created by Assembly Bill 118. For the current fiscal year, 2012-13, the program is slated to invest approximately $90 million to encourage the development and use of new technologies, and alternative and renewable fuels, with the goal of reducing dependence on foreign oil and improving the environment. It is funded through a small surcharge on vehicle and boating registration and smog check fees.
The state's investments are safeguarded by matching-fund requirements for awardees, and by making payments on a reimbursement basis.
Three of the awards are for projects that include installation of Level 2 electric vehicle charging infrastructure.
Level 2 systems are expected to become the most commonly used charging systems, and are suitable for home, business fleet, and public facilities. They use 208-240 volt power and typically provide 10 to 20 miles of range for each hour of charging. Level 1 charging systems use 110 volt power and typically provide 2 to 5 miles of range for each hour of charging. DC fast-charging systems typically provide 60 to 80 miles of range in 20 minutes of charging. These are expected to be particularly suited for use at highway rest stops to provide quick range extension for longer trips.
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Trivia Question of the Week
Which of the following can be used to create a sustainable fertilizer:
a. Kaopectate
b. Coffee
c. Plastic shopping bags
d. Used oil
