Peter Martin Kuhn, former president and Chief Executive Officer of French Gulch Nevada Mining Corporation and Bullion River Gold Corporation, has been added to the EPA fugitive list for failing to surrender to federal law enforcement authorities after he was indicted for his role in a conspiracy to illegally dispose of mining wastes containing hazardous concentrations of arsenic and lead. Exposure to arsenic can cause partial paralysis, blindness, and cancer and exposure to lead can affect kidney function, and cause reproductive and developmental issues. A warrant has been issued for his arrest.
“EPA is serious about enforcing the nation’s environmental laws to protect public health. Those who are charged with violating the law must have their guilt or innocence determined in a court of law,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “The public can help EPA by reporting any information they have on the whereabouts of Mr. Kuhn on EPA’s fugitive website or to local law enforcement.”
Kuhn allegedly engaged in a conspiracy to illegally dispose of hazardous mining wastes by dumping the waste onto a hillside and county road surrounding the mine, which included public lands owned by the Bureau of Land Management, and on at least one occasion, into a nearby stream.
On July 1, 2010, the federal grand jury in the Eastern District of California returned an indictment charging Kuhn with one count of conspiracy and aiding and abetting, one count of depredation against US property, two counts of false statements, and one count of negligent discharge of a pollutant into a water of the United States. An indictment is merely an allegation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Kuhn faces a possible 20 year imprisonment.
Launched in December 2008, EPA’s fugitive list website contains information about individuals who have failed to turn themselves in after having been indicted and charged with or convicted of violating environmental laws or associated violations of the US Criminal Code. The website also shows the public how to contact EPA if they have information about a fugitive’s identity or location.
To date, information from citizens or law enforcement organizations have assisted in the arrest or capture of five fugitives and the surrender of two others. Of the seven former fugitives, five have been sentenced, one is awaiting sentencing, and one had charges dismissed after the trial ended in a hung jury.
Because some fugitives may be armed and dangerous, the public should not try to apprehend any of the individuals. Citizens may also report the information to their local police or, if outside the US, to the nearest US Embassy.
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.
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Federal Court Upholds Energy Efficiency Standards for Small Motors
A federal appeals court has upheld a Department of Energy (DOE) efficiency standards rule for small electrical motors.
The rule upheld by the Court affects hundreds of thousands of small electric motors sold each year, yielding a large cumulative energy savings.
EPA Decides to Retain National Air Quality Standards for Carbon Monoxide
The science shows that the current standards protect public health, including those who are most susceptible, and the environment. Since 1980, levels of CO in the air have fallen by 80%, mostly as a result of motor vehicle emissions controls.
CO is a colorless, odorless gas emitted from combustion processes. Nationally, and particularly in urban areas, the majority of CO emissions come from motor vehicles. CO can cause harmful health effects by reducing oxygen delivery to the body’s organs (like the heart and brain) and tissues.
To ensure people are protected from unhealthy concentrations of CO and to develop better information about CO and its health impacts, EPA is revising the air monitoring requirements. The changes will require a more focused monitoring network with CO monitors placed near roads in 52 urban areas with populations of 1 million or more.
Monitors in areas with populations of 2.5 million or more are required to be operational by January 1, 2015 and monitors required in areas with populations of 1 million or more are required to be operational by January 1, 2017. These new monitoring sites will give EPA important data about CO levels that may be affecting public health in neighborhoods located near busy roadways. The data will also be used to determine compliance with the current standards and to help inform future reviews of the standard.
The current health standards are 9 parts per million (ppm) measured over 8 hours, and 35 ppm measured over 1 hour. CO levels at monitors across the country are quite low and are well within the standards, showing that federal, state, and local efforts to reduce CO pollution have been successful and are providing important public health protections to all Americans.
The rule is consistent with the advice and recommendations from the agency’s independent science advisors, the Clean Air Act Scientific Advisory Committee.
DOT to Incorporate Rail Special Permits into the Hazardous Materials Regulations
The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) is proposing to amend the Hazardous Materials Regulations to incorporate provisions contained in certain widely used or longstanding special permits that have general applicability and established safety records. Special permits allow a company or individual to package or ship a hazardous material in a manner that varies from the regulations provided that an equivalent level of safety is maintained.
For additional information, contact Eileen Edmonson or Steven Andrews, Standards and Rulemaking Division, Office of Hazardous Materials Safety at 202-366-8553, PHMSA, or Karl Alexy, Office of Safety Assurance and Compliance at 202-493-6247.
Missouri to Propose Changes in Hazardous Waste and UST Rules
The Missouri Hazardous Waste Management Commission met August 18 in Jefferson City to consider updating Missouri’s underground storage tank regulations and making state hazardous waste rules consistent with corresponding federal rules.
The following federal rules are being proposed for adoption in this group of amendments:
Ohio EPA Drafts General Permit to Protect Air Around Shale Gas Production Sites
With natural gas production from Ohio’s Marcellus and Utica shale deposits projected to increase, Ohio EPA is creating a new general permit to make sure the air around production sites is safe while providing business with the most efficient option to get operations up and running.
“A general permit for shale gas production will streamline the process, giving producers the tools they need to comply with Ohio’s air pollution regulations,” said Ohio EPA Director Scott Nally.
Since most shale gas operations will be similar, Ohio EPA is developing a general permit that will create consistent standards for the sites. This will allow most applicants to apply for and receive a permit in as little as two weeks. Ohio EPA’s air division currently offers 47 general permits which serve a variety of business sectors.
The draft general permit includes emission limits, operating restrictions, and monitoring, testing, and reporting requirements. It will cover a variety of emissions sources found at most shale gas production sites including internal combustion engines, dehydration systems, truck-loading racks, storage tanks, flares, and unpaved roadways. The permit will not cover activities that occur during the drilling and fracturing phase as the resulting air emissions are considered temporary and exempt from air pollution permit regulations.
The draft general permit and qualifying criteria have been reviewed by interested parties to ensure all common shale gas production operations are covered under the permit. Ohio EPA will incorporate comments received before finalizing the draft general permit and making it available for a 30-day public comment period. Ohio EPA will issue another news release to announce the beginning of the public comment period.
The general permit is expected to be finalized and made available to applicants this fall.
Ohio EPA Updates Four General Permits for Air Emission Sources
Ohio EPA is accepting comments on two revised general air permits-to-install and -operate (PTIOs) and is making two other general air PTIOs available for use.
New general permits now available for application cover air emissions from tub grinders and portable diesel engines.
Modifications have been made and public comments are being accepted on two additional general permits that would be used to regulate aggregate processing plants and dry cleaning facilities. Comments are being taken until August 24, 2011.
The aggregate processing permit would include a requirement that a permittee notifies Ohio EPA of their intent to test an emissions unit. Failure to notify at least 30 days prior to testing could cause the emissions test results to be invalidated.
Existing air general permits include those that cover:
There are two types of discharge permits: general and individual. An individual permit is specific to a facility, the location, the emissions unit, and other unique characteristics of the emissions source. When many individual permits contain very similar or identical requirements, a general permit may be developed. A general permit covers all facilities with similar emissions meeting the same eligibility criteria. Public comments on the conditions of a general permit are considered when the general permit is created or reviewed, rather than for each project. Statewide general permits are reviewed and revised every five years.
New Illinois Law Increases Penalties Against Illegal Dumping
On August 10, Illinois Governor Pat Quinn signed House Bill 2001—an additional tool that can be used by state and local law enforcement to fight illegal dumping. “Illegal dump sites can pose serious hazards to neighborhoods and entire communities,” said Governor Quinn. “We need the help of Illinois residents to prevent illegal dumping, and I encourage people throughout the state to participate in keeping their communities safe.”
The new law provides for increased penalties for 250 cubic feet of waste or 50 waste tires, and makes it a Class 4 felony. It also increases the felony penalty for open dumping from $5,000 to $25,000. Currently, the penalty for a first violation of the open dumping prohibition is a Class A misdemeanor, regardless of the quantity of waste dumped.
“The Agency is grateful to the Governor and to the General Assembly for enhancing our ability to prevent illegal dumping and protect the environment from the harm it causes,” said Illinois EPA Interim Director Lisa Bonnett. The bill was sponsored by Rep. Ann Williams, Chicago, and by Sen. John Millner, West Chicago.
Illegal dumping affects all Illinois citizens’ quality of life. Abandoned furniture, appliances, and garbage can be an eyesore and pose a potentially negative impact to property values. Illegally disposed chemicals, tires, and construction debris can pose a health and safety risk to nearby citizens, especially children who may play on the disposal site.
As part of the overall effort, the Illinois EPA is partnering with the Illinois Departments of Public Health and Natural Resources and the Office of the Attorney General in a state-wide effort to prevent illegal dumping. The idea is to stop each small dumping event from becoming a larger, potential threat to public health and the environment and a costly mess that must be cleaned up with taxpayer’s money.
An example of the consequences of unchecked open dumping occurred at Markham. Illinois EPA was alerted by the City of Markham to a tire fire at a nearby illegal dump in April 2010 site. An Agency inspection revealed discarded mobile homes, automobile parts, boats, tires, drums, and totes of unknown liquids and solids, construction material residue, gas cylinders, spills on the ground, swimming pool chemicals, and various other debris. It was apparent that dumping activities had been going on for many years. The Illinois EPA arranged for the site to be cleaned up, at a cost of over $1 million and the US EPA removed the various hazardous wastes, at additional costs.
According to the Governor, catching and punishing illegal dumpers saves taxpayers money, and protects the public against the environmental and health risk that the dumps can create.
Supercon Inc. Assessed $3,550 Penalty for Wastewater Violations
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $3,550 penalty on Supercon, Inc., of Shrewsbury, Massachusetts, for violating Air Pollution Control, Hazardous Waste Management, and Industrial Wastewater regulations at the company’s plant, located at 830 Boston Turnpike.
In November, 2010, MassDEP personnel conducted an inspection at the facility, which manufactures composite metal wires and rods, and determined that the company had failed to comply with its Air Pollution Control plan approval, failed to conduct annual Hazardous Waste Management training, and failed to operate its industrial wastewater pretreatment system with a fully certified operator.
In a consent order, Supercon agreed to maintain compliance with all applicable regulations, install and operate previously approved air pollution control equipment, an acid scrubber, and pay the penalty.
“The company has returned to compliance with most of the regulations, and will soon be operational with the new air pollution control equipment that was installed at the facility,” said Lee Dillard Adams, deputy director of MassDEP’s Central Regional Office in Worcester.
Tool Corporation Assessed $2,850 Penalty for Air and Hazardous Waste Violations
MassDEP has assessed a $2,850 penalty on Roehr Tool Corporation, which operates a metal machining operation at 399 River Road in Hudson, Massachusetts, for violating Air Pollution Control and Hazardous Waste Management regulations.
During an inspection conducted in October 2010, MassDEP personnel determined that the company had failed to comply with air pollution control degreaser regulations, and failed to properly accumulate and manage hazardous waste it generated.
In a consent order, the company agreed to maintain compliance with applicable regulations and pay the penalty.
“The company acted quickly to attain compliance upon being made aware of the violations,” said Lee Dillard Adams, deputy director of MassDEP’s Central Regional Office in Worcester.
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Trivia Question of the Week
Most biodiesel produced in the US is made from corn. What promising new source was recently found to meet nearly all of the official standards for high quality biodiesel without raising the price of food?
a. Alligator fat
b. Seaweed
c. Coffee grinds
d. Municipal sewage
