Who is on EPA’s New Leadership Team?

The EPA announced key members of the agency’s incoming leadership team who will advance the Biden-Harris administration’s agenda to tackle the climate crisis, advance environmental justice and create clean energy jobs.

 

“We are proud to join the EPA team of dedicated career professionals,” said Dan Utech, EPA’s incoming Chief of Staff.  “EPA will be at the heart of President Biden’s commitment to protect public health and the environment while building a clean energy future that creates good paying jobs.  We will be guided by science as we work together to achieve these goals on behalf of all Americans.”

 

EPA’s leadership team comes with a broad range of expertise and knowledge, including decades of experience in federal, state, and local governments; academia; and non-profit and advocacy organizations.  The EPA team also reflects the Biden-Harris commitment to diversity. Additional members of the EPA appointee team will be named in the days and weeks to come.

 

The team was sworn in on January 20, 2021 and as part of the Biden-Harris administration’s commitment to the highest ethical standards, appointees received an initial ethics training.

 

Members of the incoming EPA leadership team are listed here along with their intended new role and brief biographies:

 

Radha Adhar joins EPA from the Office of Senator Tammy Duckworth where she served as Senior Policy Advisor for Energy, Environment and Science.  In 2016 and 2017, Radha was an Advisor to the Jobs Strategy Council in the Office of the Secretary at the U.S. Department of Energy.  She has also worked at the Sierra Club and the Natural Resources Defense Council, focusing on the Beyond Coal Campaign and the 2012 Earth Summit.  Radha holds a M.S.in Energy Policy and Climate Change Science from Johns Hopkins University and a B.S.in Biology from the University of North Carolina at Chapel Hill.

 

Vicki Arroyo returns to EPA after having served as Executive Director of the Georgetown Climate Center for 12 years, leading work on climate law and policy and supporting leading states and cities in their efforts to address and prepare for climate change.  Previously she served at the Pew Center on Global Climate Change as Vice President for Policy Analysis and General Counsel where she directed Pew’s policy analysis, science, adaptation, economics, and U.S. policy programs for a decade and was Managing Editor of the Center’s book, Climate Change: Science, Strategies and Solutions.  She was recently Chair of the Executive Committee of the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine and has served on numerous other boards and committees advising the National Science Foundation, the National Center for Atmospheric Research, the U.S. Energy Information Administration, and the California Air Resources Board. Vicki previously served in two offices at  EPA, the Office of Air and Radiation and the Office of Research and Development, where she reviewed development of standards under the Clean Air Act.  Vicki also served as Policy Director for the Louisiana Department of Environmental Quality, drafting legislation that reduced toxic air pollution by 50% and linking tax breaks to firms' environmental records. She was elected to the American College of Environmental Lawyers in 2018 and holds a B.S. in biology from Emory and a M.P.A. from Harvard and a J.D. from Georgetown.

 

Since 2012, Tomás Carbonell has held a number of positions at the Environmental Defense Fund (EDF), most recently as Senior Counsel and Director of Regulatory Policy for EDF’s U.S. Clean Air program.  His work included leading EDF’s litigation and regulatory advocacy in defense of the Clean Power Plan and carbon pollution standards for new, modified and reconstructed power plants; defending Clean Air Act protections for hazardous air pollution from power plants and industrial sources; and advocacy in defense of EPA’s use of rigorous health science and economic analysis.  From 2008 until 2012, Tomás was an Associate at Van Ness Feldman, LLP, where he counseled diverse clients on federal legal and regulatory matters related to climate change, clean energy, and environmental and electricity regulation.  He has a J.D. from Yale University, degrees in Environmental Change and Management and Development Economics from the University of Oxford, and bachelors’ degrees in Chemical Engineering, Economics, and Multidisciplinary Studies from North Carolina State University. 

 

Alison Cassady most recently served as the Deputy Staff Director for the U.S. House of Representatives, Select Committee on the Climate Crisis, where she managed a team of lawyers and scientists to conceptualize, draft and deliver a congressional policy roadmap for achieving net zero emissions by 2050 and building a clean energy economy that values workers and advances environmental justice.  From 2017 – 2019 she was the Managing Director of the Energy and Environment Team at the Center for American Progress, providing strategic planning and managerial support to a team working on climate change policy, public lands conservation, and ocean protection.  Alison also served on the House Committee on Energy and Commerce and Committee on Oversight and Government Reform.  She holds a Master of Public Affairs from Indiana University School of Public and Environmental Affairs and a B.S. in Foreign Service from Georgetown University School of Foreign Service.

 

Dimple Chaudhary joins EPA after serving as Deputy Litigation Director at the Natural Resources Defense Council.  Her work included litigation and advocacy to protect communities from drinking water contamination and exposure to toxics.  Dimple was lead counsel for community groups in Flint, Michigan, in a case brought to address lead contamination in the city's drinking water, which led to a settlement requiring the replacement of all Flint's lead service lines within three years.  Prior to joining NRDC, she was an associate at WilmerHale and a law clerk for the Honorable Carol Bagley Amon of the United States District Court for the Eastern District of New York.  She holds a bachelor's degree from Harvard University, a master's degree in urban planning from the London School of Economics, and a J.D. from Columbia Law School.

 

Rosemary Enobakhare returns to EPA where she served as the Deputy Associate Administrator for Public Engagement and Environmental Education, leading the agency’s community outreach and strategic engagement plans. Since then, she has been the Director of Campaigns at The Hub Project, developing and managing large-scale advocacy campaigns that shift the conversation around top progressive policies.  She also worked for two years as the Campaign Director at the Clean Water for All Campaign, serving as the principal point of contact for stakeholders and overseeing all aspects of the campaign’s daily operations. Rosemary is a graduate of Spelman College with a degree in Economics.

 

Dr. Fine joins EPA after a 15 year career at the South Coast Air Quality Management District in Southern California. He most recently served as the Deputy Executive Officer for the Planning, Rule Development & Area Sources Division, where he oversaw all activities of the Division, including development of State Implementation Plans and Air Quality Management Plans, strategies and regulations for air pollution control, meteorology and forecasting, air quality evaluation, air toxics risk assessment, emissions inventories, socioeconomic analyses, transportation programs, and enforcement for area sources.  Prior to this role, Dr. Fine’s previous responsibilities at South Coast AQMD included oversight of ambient air monitoring, laboratory services, quality assurance, and source testing.  Dr. Fine served on the California Air Resources Board’s legislatively-mandated Research Screening Committee, and has also served on several EPA Clean Air Scientific Advisory Committee expert panels.  Before joining the South Coast AQMD, Dr. Fine was a Research Assistant Professor at the University of Southern California, Los Angeles where he taught courses and conducted extensive research on particulate pollution, air monitoring technologies, and exposure assessment.  He has over 50 peer-reviewed scientific publications to date.  He received his Ph.D. from the California Institute of Technology in Environmental Science & Engineering, and his bachelor’s degree in Mechanical Engineering and Materials Science & Engineering from the University of California, Berkeley.

 

Prior to her appointment at EPA, Radhika Fox was the Chief Executive Officer of the US Water Alliance, a national nonprofit organization advancing policies and programs that build a sustainable water future for all.  She has more than 20 years of experience in developing, policies, programs and issue-based advocacy campaigns on the most salient water issues facing the nation including climate change, affordability and innovative finance, water infrastructure investment, equity, and the evolution of the One Water movement. Previously, Radhika directed policy and government affairs for the San Francisco Public Utilities Commission, which is responsible for providing 24/7 water, wastewater, and municipal power services to millions of Bay Area residents.  She also served as the Federal Policy Director at PolicyLink, where she coordinated the organization’s policy agenda on a wide range of issues, including infrastructure investment, transportation, sustainable communities, economic inclusion, and workforce development.  Radhika has a M.A. in City and Regional Planning from the University of California, Berkeley, and a B.A. in Religion and Philosophy from Columbia University.

 

Michal Ilana Freedhoff joined the Senate Environment and Public Works Committee as its Minority Director of Oversight in February 2017. She has more than twenty years of government experience, beginning in 1996 in then-Congressman Ed Markey’s office as a Congressional Science and Engineering fellow after receiving a Ph.D. in physical chemistry at the University of Rochester.  She has also served on the staffs of the House Science Committee, the House Select Committee on Energy Independence and Global Warming, the House Energy and Commerce Committee and the House Natural Resources Committee.  Her legislative work includes the fuel economy provisions in the 2007 Energy Independence and Security Act, a law requiring the creation of an online database of dangerous consumer product safety defects, the 2016 re-authorization of the Toxic Substances Control Act, and 2019 legislation to address PFAS contamination. She lives in Bethesda, MD with her husband and four children.

 

Joe Goffman returns to EPA after serving from 2009 – 2017 as the Associate Assistant Administrator for Climate and Senior Counsel in the Office of Air and Radiation, where he provided policy and legal counsel on a wide range of climate policy and Clean Air Act regulatory and implementation issues and rulemakings. Since 2017 he has served as the Executive Director of the Environmental and Energy Law Program at Harvard Law School where he led a team of attorneys and communications specialists providing information and analysis to stakeholders, government decision makers and the media, and offering innovative responses on emerging issues in the areas of federal, state and municipal energy and electricity law and environmental and administrative law as well as in selected areas of corporate law.  Joe also worked on the U.S. Senate Committee on Environment and Public Works as the Democratic Chief Counsel and Majority Senior Counsel.  He holds B.A. and J.D. degrees from Yale University.

 

Lindsay Hamilton comes to EPA from Climate Nexus, a communications non-profit, where she was senior director of national media strategy.  She also spent time as the chief spokesperson for The George Washington University, the chief of staff and a vice president with the Center for American Progress, and she served in roles in both the U.S. House of Representatives and the and the U.S. Senate.  Early on in her career, she worked for ABC News. Lindsay earned a B.A. in international affairs and political science from The George Washington University.  She earned her master’s degree from the Columbia University School of International and Public Affairs. She is originally from Omaha, Nebraska.

 

Sinceré Harris joins EPA with years of senior-level experience in developing strategies to define, communicate and achieve political goals.  Since 2015 she has served as the Executive Director of the Pennsylvania Democratic Party, where she was at the forefront of successful statewide coordinated campaigns, approving and managing multi-million dollar coordinated budgets, and led the formation of the 2020 organizing team.  In 2020, Sinceré was named the Pennsylvania Senior Advisor for Joe Biden for President, including advising a team of over 200 on digital organizing, voter protection, political and coalition building, and communications.  She previously worked as the Assistant Deputy for Legislative Affairs for the Commonwealth of Pennsylvania. Sinceré has a degree in Psychology from Temple University.

 

Prior to joining EPA, Melissa Hoffer was with the Massachusetts Attorney General’s Office where she served as the Chief of the Energy and Environment Bureau and oversaw the work of the Bureau’s attorneys on matters including prosecuting civil and criminal enforcement of environmental laws, energy policy, ratepayer advocacy, defensive cases, and affirmative advocacy, including litigation in support of EPA’s Mercury and Air Toxics Standards.  In 2020, Melissa was inducted as a Fellow into the American College of Environmental Lawyers; she has received a 2020 Meritorious Service Award from the National Association of Attorneys General, a Massachusetts Lawyers Weekly Top Women of Law award in 2013, and a Boston Bar Association President’s award in 2007.  Melissa served for over five years as a vice president of Conservation Law Foundation and director of its Healthy Communities and Environmental Justice Program, and director of its New Hampshire Advocacy Center.  Melissa practiced at WilmerHale for many years where her focus was environmental law and litigation.  She holds a J.D. from Northeastern University School of Law, an M.Ed. from the University of Massachusetts, and a B.A. from Hampshire College with a focus on education.

 

Casey Katims most recently served as Director of Federal and Inter-State Affairs for Washington Governor Jay Inslee, working as his primary advisor on federal policy issues and directing the state of Washington’s engagement with Congress, the White House, federal agencies, fellow governors’ offices and various other stakeholders in D.C.  Prior to this role, he spent five years as a policy advisor in the U.S. House of Representatives for Rep. Suzan DelBene, developing bills and amendments on a range of issues and helping manage her responsibilities on the House Ways and Means Committee.  Casey has a degree in Political Science from Vassar College and grew up in Edmonds, Washington.

 

John Lucey joins EPA from the North Carolina Department of Environmental Quality (NCDEQ), starting as a Legislative Analyst in 2015.  He has served since 2019 as the Chief Strategy Officer, helping create and manage the strategic implementation of both North Carolina’s Clean Energy Plan and Risk and Resiliency Plan.  He also provided guidance to the Department on significant State initiatives including the Duke Energy Coal Ash Settlement, the North Carolina Environmental Justice and Equity Board and the Chemours Consent Order. John holds a B.A. in Political Science from North Carolina State University and an Associate of Arts degree from Central Piedmont Community College.

 

Dan Utech has over 20 years of experience in the federal environmental and energy sectors., including as a Presidential Management Fellow in 1997/1998 with assignments at EPA, the National Oceanic and Atmospheric Administration and the U.S. Forest Service.  From 2014 – 2017 he served at the White House Domestic Policy Council, including as Deputy Assistant to the President for Energy and Climate Change, where he led the White House and cross-governmental teams to implement and coordinate communications for President Obama’s Climate Action Plan, oversaw the Administration’s energy and climate change strategy, and promoted the President’s agenda in Congress.  Dan also served as Senior Advisor to the Secretary at the U.S. Department of Energy, where his responsibilities included budget development and management of key initiatives such as nuclear waste.  Prior to his federal agency experience, Dan was Senior Advisor to Senator Hillary Rodham Clinton, advising the Senator on all energy and environmental issues, including climate change, clean diesel, and energy efficiency, as well as air and water quality, toxic substances and endangered species.  He has been a lecturer at the Yale School of Forestry and Environmental Studies, from which he received an M.E.S. degree. He also holds degrees from the Yale School of Management and Amherst College.

 

 

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Environmental Resource Center training is the best way to learn about the environmental, safety, and hazardous materials transportation requirements that apply to your site. Learn from the experts and get your site-specific questions answered at these sessions this week:

 

 

EPA and the U.S. Department of Justice (DOJ) announced a settlement with U.S Magnesium (USM) to resolve violations of the Resource Conservation and Recovery Act (RCRA) and require response actions under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) at its Rowley, Utah facility.  The settlement includes extensive process modifications at the facility that will reduce the environmental impacts from its production operations and will ensure greater protection for its workers.

 

 “This settlement advances EPA’s mission of achieving environmentally beneficial management of hazardous  waste by reducing  the volume and toxicity of waste generated on site and ensuring that the U.S. taxpayer will not be responsible for future costs associated with cleanup and closure of this facility,” said Susan Bodine, EPA's Assistant Administrator for Enforcement and Compliance Assurance.

 

This settlement includes construction of a barrier wall around 1,700 acres of the operating portions of the facility to prevent leaks or breaches of hazardous materials to the Great Salt Lake; construction of a filtration plant to treat all wastewater; and provides for financial assurance to ensure cleanup and closure of the facility.

 

The company will also spend at least $37 million to implement the terms of the settlement and will pay a civil penalty of $250,000.

 

“This agreement will secure the long-term protection human health and the environment at the U.S. Magnesium facility,” said acting EPA Regional Administrator Debra Thomas. “EPA, DOJ, and the State of Utah have worked with the facility to address environmental impacts through litigation, EPA cleanup authorities, state permitting activities, and, ultimately, this mutually agreed upon settlement for the long-term management of hazardous waste.”

 

A consent decree formalizing the settlement was lodged in the U.S. District Court Central Division Utah and is subject to a 30-day public comment period and approval by the federal court.

 

 

The Pennsylvania Department of Environmental Protection (DEP) finalized development and testing of an electronic permitting (ePermitting) system for Chapter 102 permit applications for stormwater discharges associated with construction activities.

 

The initial release of the Chapter 102 ePermit system became on Monday, January 25, 2021. The system can be accessed through DEP GreenPort.

 

“Increasing the availability of online permitting is another way DEP is improving efficiency and providing certainty for applicants,” said DEP Secretary Patrick McDonnell. “This new option for applications will reduce workload for staff, allowing improved permit reviews.”

 

The Chapter 102 ePermit system will save time for applicants, County Conservation District (CCD) staff, and DEP reviewers. One of the overall goals of DEP’s ePermitting effort is to improve the efficiency of submission and reviews of permit applications and Notices of Intent (NOIs) and allow faster responses to applicants regarding permit submission, review, and issuance.  The system will also include online payment of certain fees for applications, will reduce the expense of printing design drawings, and make information available in real-time to the public (which will increase transparency). DEP and CCD are still accepting paper applications; however, DEP expects to eventually completely replace paper applications with electronic submission.

 

DEP’s Bureau of Clean Water administers the statewide Erosion and Sediment Control (E&S) program under Pennsylvania Code Title 25 (Environmental Protection) Chapter 102. Chapter 102 requires a permit from DEP for construction activities involving one or more acres of earth disturbance, timber harvesting and road maintenance activities involving 25 or more acres of earth disturbance, and oil and gas and other activities involving five or more acres of earth disturbance. 

 

The initial release of the Chapter 102 ePermit system includes new NOIs for coverage under the PAG-02 General NPDES Permit for Stormwater Discharges Associated with Construction Activities and NOIs for PAG-02 amendments of coverage for applications that were originally processed in the ePermit system. 

 

Development of the Chapter 102 ePermitting effort was built on other DEP ePermitting efforts, including the Oil and Gas Management and Chapter 105 ePermitting efforts. The Chapter 102 effort engaged CCDs, PennDOT, and engineering consultants.

 

Contact RA-EPChapter102@pa.gov and visit the Chapter 102 ePermit website for information on training and other resources.

 

The California Department of Toxic Substances Control (DTSC) has put tire manufacturers on notice that California wants them to explore alternatives to using zinc, a toxic chemical that harms aquatic life and burdens waterways.

 

Zinc helps make rubber stronger, but also wears off tire tread and washes into storm drains, streams, rivers and lakes, threatening California fish and other aquatic organisms. DTSC, the State’s department missioned to work toward safer California households, workplaces, and products, intends to use its innovative Safer Consumer Products (SCP) program to work with tire makers to look for an alternative to this harmful chemical. The SCP program seeks to remove toxic chemicals from products before they’re sold to consumers. This is more efficient and effective than issuing bans later, and, in this case, helps stormwater agencies cost-effectively meet state and federal water-quality requirements.

 

“Zinc is toxic to aquatic life and has been detected at high levels in many waterways,” said DTSC Director Meredith Williams. “Stormwater agencies make a compelling case for studying ways to control that. The Safer Consumer Products process compels manufacturers to identify alternatives that would control this pollution at the source.”

 

The Safer Consumer Products program has worked to remove flame retardants in children’s sleeping products, methylene chloride in paint strippers, chemicals in certain types of spray foam insulation systems, and is currently evaluating a wide variety of other hazardous chemicals to reduce exposure to human health and environment.

 

In this case, the California Stormwater Quality Association (CASQA) petitioned DTSC to use the Safer Consumer Products program as a vehicle for reducing the amount of zinc getting into waterways.

 

The association cited several studies in its 68-page petition, including findings by the State Water Board that zinc frequently exceeds water-quality standards in water bodies. The petition also states that even low concentrations of zinc are potentially harmful to aquatic life and asserts that reducing or eliminating zinc in tires is the most cost-effective way of reducing zinc in stormwater.

 

DTSC will now start preparing a technical document for release in the spring and will solicit input from industry and the public prior to initiating rulemaking. If DTSC chooses to regulate zinc in tires, manufacturers will have to conduct an Alternatives Analysis to determine if there is a substitute that is safe for the environment and public health while still meeting performance and safety requirements.

 

DTSC’s announcement follows the release of a study (link opens new window) by University of Washington and Washington State University researchers that shows a link between Coho salmon deaths and a chemical (6PPD) used to prevent the breakdown of tires. Further research on the adverse impacts of 6PPD will be explored as part of DTSC’s engagement with tire manufacturers for this project.

 

 

Ohio EPA will conduct a virtual hearing revising its water quality certifications that regulate several categories of similar dredge and fill-type activities that can be covered under a single, nationwide permit.

 

During the virtual hearing, which will begin at 3:30 p.m., Thursday, Feb. 4, 2021, the Agency will present information and the public can submit written comments on the record about the proposed certification to the nationwide permits. Citizens who want to participate must preregister in advance of the meeting.

 

Nationwide permits are federal actions issued by the U.S. Army Corps of Engineers (Corps) designed to reduce the regulatory and administrative burdens for projects that will result in minimal water quality impacts. Each state must certify each nationwide permit and may include terms specific to the needs of each state. Examples of these types of permits that Ohio certifies include temporary construction, access and dewatering, utility line activities, maintenance activities, bank stabilization, linear transportation projects, aquatic habitat restoration, residential development, and commercial and institutional developments. Ohio EPA water quality certifications remain in place for five years.

 

The Corps proposed nationwide permits published in September 2020 included all 56 activities. The draft state certification was based on this original proposal. The Corps recently finalized the nationwide permits and chose to only issue 16 nationwide permits while the remaining 40 nationwide permits will remain under the conditions finalized in 2017. The state water quality certification will be adjusted to only certify those 16 nationwide permits. Details of these changes will be presented during the virtual public hearing.

 

Proposed changes to the draft certification for Ohio include:

 

Approved activities would result in lowering of water quality and surface waters of the state, including lakes, wetlands and streams. In order to receive a nationwide permit, the applicant must demonstrate activities will not violate Ohio’s water quality standards or create adverse impacts to water quality as required in the federal Clean Water Act. Anyone who discharges dredged or fill material into Ohio waters is required to obtain a water quality certification from Ohio EPA and a permit from the U.S. Army Corps of Engineers.

 

Ohio EPA will accept written comments on the draft water quality certifications through close of business Feb. 11. Comments may be sent to Ohio EPA-DSW, Permits Processing Unit, P.O. Box 1049, Columbus, Ohio 43216-1049., or emailed to epa.dswcomments@epa.ohio.gov.

 

 

EPA and the U.S. Department of Justice announced a settlement that will require Midwest Can Company, one of the largest manufacturers of portable fuel containers in the United States, to pay a $1.7 million civil penalty to resolve Clean Air Act violations.

 

The violations resulted from failure to disclose test results showing that Midwest’s portable fuel containers did not meet regulatory standards and emitted higher amounts of pollutants than allowed by federal law. Under the terms of the settlement, Midwest will also conduct two supplemental emission tests in the next four years on its currently certified co-extruded plastic portable fuel containers and submit complete results from those tests to the EPA.

 

“We are pleased to announce this settlement with Midwest Can Company, one of the largest manufacturers of portable fuel containers in the United States,” said John R. Lausch, Jr., United States Attorney for the Northern District of Illinois. “In paying a significant penalty and agreeing to perform supplemental testing, Midwest Can Company will be held accountable for its disregard of proper testing and reporting procedures in violation of the Clean Air Act.”

 

“Today’s settlement with Midwest Can Company marks the Justice Department’s first enforcement action against portable fuel container manufacturers under the Clean Air Act,” said Jonathan D. Brightbill, Acting Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division. “This settlement helps maintain the integrity of regulations governing portable fuel containers and ensures that manufacturers who are responsible for complying with the rules do not gain an unfair competitive advantage from subverting regulatory requirements.”

 

“The defendant submitted false and incomplete information to the EPA and prevented EPA from timely implementing and enforcing regulations intended to protect public health and our air,” said Susan Bodine, EPA’s Office of Enforcement and Compliance Assurance Assistant Administrator. “EPA will continue to enforce against companies that fail to comply with information submission obligations.”

 

Clean Air Act regulations require that all portable fuel containers sold in the United States must be covered by a certificate of conformity issued by EPA confirming that the containers meet emission limits for volatile organic compounds (VOCs). The complaint filed simultaneously with the settlement alleges that Midwest violated the Clean Air Act because its 2014 applications for certificates of conformity failed to disclose test results showing that the portable fuel containers did not meet regulatory standards and emitted higher amounts of VOCs than allowed by federal law.

 

EPA discovered the violations following a series of investigative actions from 2016 to 2018. In 2016, EPA conducted emission testing on five of Midwest’s portable fuel containers sold under the 2014 certificates of conformity. All five containers failed the emission test. EPA proceeded in 2017 to inspect the test lab utilized by Midwest to conduct emission testing of its portable fuel containers. In 2018, EPA received and reviewed additional information from the test lab, which revealed the violations related to Midwest’s applications for certificates of conformity.

 

VOCs include a variety of chemicals that may produce adverse health effects such as eye, nose, and throat irritation, headaches, nausea, and damage to the liver, kidney, and the central nervous system. VOCs also contribute to the formation of ground level ozone. Breathing ozone can trigger a variety of health problems, particularly for children, the elderly, and anyone with lung diseases such as asthma. Ground level ozone can also have harmful effects on sensitive vegetation and ecosystems. 

 

The consent decree has been lodged with the U.S. District Court for the Northern District of Illinois and is subject to public comment for a period of at least 30 days. Notice of the lodging of the consent decree will appear in the Federal Register, allowing for a 30-day public comment period before the consent decree can be entered by the court as final judgment.

 

 

A Houston federal grand jury has indicted E. I. du Pont de Nemours and Company Inc. (DuPont) and a former employee for knowingly violating requirements of federal safety regulations and negligently releasing an extremely hazardous substance, U.S. Attorney Ryan Patrick announced.

 

Kenneth Sandel, 49, Friendswood, along with representatives of DuPont appeared before U.S. Magistrate Judge Frances Stacy to face an indictment thatstems from the Nov. 15, 2014, incident at the LaPorte plant when 24,000 pounds of methyl mercaptan - a highly toxic, flammable gas - were released. The incident resulted in the deaths of four plant employees and injured others, according to the charges. 

 

According to the charges, returned Jan. 7, DuPont is headquartered in Wilmington, Delaware, and owns chemical manufacturing plants around the world, including the La Porte facility. Sandel ran the Insecticide Business Unit (IBU) at that location and was responsible for ensuring IBU employees followed applicable federal safety regulations.

 

The IBU has since been demolished, but at the time, allegedly produced pesticides called Lannate and Vydate, among other products.  The indictment alleges Lannate and Vydate generated annual net income for DuPont of approximately $123 million during 2014.

 

The safety regulations are part of the EPA’s Risk Management Plan, created following 1990 amendments to the Clean Air Act. Congress had directed the EPA to create reasonable regulations to prevent the release of certain hazardous chemicals after such events had resulted in the death or injury to many people in the United States and abroad.

 

The indictment alleges DuPont and Sandel knowingly failed to implement certain DuPont procedures federal regulations required. Specifically, Sandel and DuPont engineers allegedly devised a plan to divert a large volume of methyl mercaptan gas into a waste gas pipe system during the day before and night of the fatal incident. However, Sandel failed to implement necessary procedures to evaluate safety aspects of that plan and to prohibit workers from opening the pipe to the atmosphere, according to the charges.

 

If convicted of the federal safety regulations violations, Sandel faces up to five years in federal prison while the negligence charge could result in an additional one-year term. Both convictions also carry a potential fine of $250,000.

 

The company itself faces potential fines of the greater of $500,000 or twice the gross gain derived from the offense.

 

The EPA’s Criminal Investigation Division conducted the investigation with assistance from the Texas Environmental Enforcement Task Force. The indictment is part of an EPA initiative titled Reducing Risks of Accidental Releases at Industrial and Chemical Facilities. Assistant U.S. Attorneys John R. Lewis and Belinda Beek and Special Assistant U.S. Attorney Kristina Gonzales are prosecuting the case.

 

 

United States Attorney Peter G. Strasser announced that on January 15, 2021 a grand jury indicted Brandon Wall, age 42, of Ville Platte, Louisiana, for criminal conduct related to oil extraction in the Gulf of Mexico.

 

According to the Indictment, Wall engaged in criminal conduct on an oil platform known as Grand Isle 43AA (GI-43AA). Wall was an area foreman for the area that included GI-43AA. GI-43AA experienced sand buildup problems with its filtration systems. WALL instructed operators that worked on GI-43AA to keep the platform “flowing” instead of shutting it in to repair or replace the filtration systems. Wall also told the operators to bypass the platform’s safety systems, which would have automatically shut-in the platform. Operators on GI-43AA were aware that putting safety systems in bypass made the platform less safe and increased the risk of a pollution event.

 

The Indictment alleges that GI-43AA was one of most prosperous oil platforms for Company A, the company that employed Wall. In January 2018, GI-43AA discharged oil and other hazardous substances into the Gulf of Mexico. Eventually, Wall informed the appropriate federal agency about the discharge. When the regulators arrived at GI-43AA, they saw a sheen emanating from GI-43AA, indicating that the platform had discharged oil and other hazardous substances. 

 

Wall is charged with 2 Counts.  Count 1 of the Indictment, charges Wall with rendering safety systems inaccurate, in violation of Title 43, United States Code, Section 1350(c)(3) and Count 2 charges Wall with negligently discharging oil and other hazardous substances into the Gulf of Mexico, in violation of Title 33, United States Code, Section 1321(b)(3) and 1319(c)(1)(A).  If convicted for Counts 1 and 2, Wall faces imprisonment from one to ten years, mandatory special assessment fees ranging from $25 to $100, supervised release ranging from one to three years and fines ranging from not more than $100,000 per violation (Count 1) and $2,500 to $25,000 per day of violation (Count 2) .

 

United States Attorney Strasser stated that an Indictment is merely an accusation and that the guilt of the defendant must be proven beyond a reasonable doubt.

 

 

United States Attorney Peter G. Strasser announced that on January 15, 2021 a grand jury indicted Patrick Huse, age 40, of Perkinston, Mississippi, for criminal conduct related to oil extraction in the Gulf of Mexico.

 

According to the eight-count Indictment, Huse engaged in criminal conduct on an oil platform known as Main Pass 310A (MP-310A). In July 2015, workers on MP-310A noticed a sheen on the surface of the surface of the water surrounding the platform. The sheen meant that the platform was discharging oil or other hazardous substances into the Gulf of Mexico. The workers alerted Huse, who was a Person-In-Charge (“PIC”) on MP-310A. The workers told Huse that they believed the sheen was the result of sand buildup in filtration equipment on MP-310A. Rather than shutting-in the platform to repair or replace the filtration equipment, Huse ordered certain wells closed but otherwise kept the platform operating. This caused further sheening. The sheening continued for another four days until a worker finally activated an emergency shutdown device to stop the sheening. Huse then instructed the workers to lie to federal regulators about the reason for the emergency shutdown.

 

The Indictment further alleges that Huse made false statements in an inspection log kept on MP-310A by Company A, the company that employed Huse. Federal regulations and rules required Company A to travel to and inspect an unmanned platform in the same area as MP-310A every day, and to physically board the unmanned platform for inspection at least once a week. Huse told operators to falsely state in the inspection log that they had inspected the unmanned platform when, in reality, no such inspections occurred. Huse also made his own false entries in the inspection records. The misrepresentations in the inspection records gave the artificial impression that Company A and Huse were complying with federal regulations.

 

Huse is charged in Count 1 of the Indictment with negligently discharging oil and other hazardous substances from MP-310A into the Gulf of Mexico, in violation of Title 33, United States Code, Section 1321(b)(3) and 1319(c)(1)(A). Count 2 charges Huse with knowingly discharging oil and other hazardous substances from MP-310A into the Gulf of Mexico, in violation of Title 33, United States Code, Section 1321(b)(3) and 1319(c)(2)(A).  Count 3 charges Huse with failure to immediately report the discharge to the appropriate federal agency, in violation of Title 33, United States Code, Section 1321(b)(5). Counts 4 through 8 charges Huse with making false statements in inspection logs, in violation of Title 43, United States Code, Section 1350(c)(2).   If convicted for Counts 1 through 8, Huse faces a range of imprisonment from one to ten years. Additionally, Huse faces fines ranging from $2,500 to $250,000 per day of violation, maximum terms of supervised release from one year to three years, and mandatory special assessment fees ranging from $25 to $100. The Indictment includes a Notice of Forfeiture against Huse. 

 

 

EPA and Joint Base Elmendorf-Richardson in Anchorage, Alaska, announced a settlement for violations of federal laws governing the handling, storage, and disposal of hazardous wastes.

 

On October 9, 2019, JBER self-disclosed that approximately 200,000 pounds of expended small-arms cartridge casings (ESACCs) had been stockpiled and were determined to be toxic from lead contamination.  The Base had successfully recycled all its brass casings until 2017, when the recycling was discontinued.  The resolution of this case sets the stage for a resumption of the ESACC recycling program, and the proceeds will fund other base-wide recycling efforts at JBER.

 

“The military is obligated to properly manage solid and hazardous waste, just like other regulated entities,“ said Ed Kowalski, Director of EPA’s Enforcement and Compliance Assurance Division in Seattle.  “This settlement at Joint Base Elmendorf-Richardson holds the U.S. Air Force accountable, paves the way for the recycling program restart and protects public health and the environment.”

 

Under the terms of the settlement, EPA is allowing JBER to recycle the brass ESACCs rather than dispose of them in a permitted RCRA treatment, storage, and disposal facility. In accordance with a structured timeline, JBER must decontaminate the building where the scrap brass cartridges are stored, report to EPA on its progress recycling the ESACCs, and notify EPA when the recycling is completed. This settlement also resolves universal waste management violations identified during an October 7-9, 2019, EPA Base inspection.

 

JBER demonstrated a cooperative attitude during the course of settlement negotiations and is in the process of correcting the violations and instituting new measures to prevent their recurrence. The Base has paid a $61,554 penalty as part of the settlement.

 

 

EPA and the U.S. Department of Justice announced a settlement that will require Midwest Can Company, one of the largest manufacturers of portable fuel containers in the United States, to pay a $1.7 million civil penalty to resolve Clean Air Act violations.

 

The violations resulted from failure to disclose test results showing that Midwest’s portable fuel containers did not meet regulatory standards and emitted higher amounts of pollutants than allowed by federal law. Under the terms of the settlement, Midwest will also conduct two supplemental emission tests in the next four years on its currently certified co-extruded plastic portable fuel containers and submit complete results from those tests to the EPA.

 

“The defendant submitted false and incomplete information to the EPA and prevented EPA from timely implementing and enforcing regulations intended to protect public health and our air,” said Susan Bodine, EPA’s Office of Enforcement and Compliance Assurance Assistant Administrator. “EPA will continue to enforce against companies that fail to comply with information submission obligations.”

 

“Today’s settlement with Midwest Can Company marks the Justice Department’s first enforcement action against portable fuel container manufacturers under the Clean Air Act,” said Jonathan D. Brightbill, Acting Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division. “This settlement helps maintain the integrity of regulations governing portable fuel containers and ensures that manufacturers who are responsible for complying with the rules do not gain an unfair competitive advantage from subverting regulatory requirements.”

 

“We are pleased to announce this settlement with Midwest Can Company, one of the largest manufacturers of portable fuel containers in the United States,” said John Lausch Jr., U.S. Attorney for the Northern District of Illinois. “In paying a significant penalty and agreeing to perform supplemental testing, Midwest Can Company will be held accountable for its disregard of proper testing and reporting procedures in violation of the Clean Air Act.”

 

Clean Air Act regulations require that all portable fuel containers sold in the United States must be covered by a certificate of conformity issued by EPA confirming that the containers meet emission limits for volatile organic compounds (VOCs). The complaint filed simultaneously with the settlement alleges that Midwest violated the Clean Air Act because its 2014  applications for certificates of conformity failed to disclose test results showing that the portable fuel containers did not meet regulatory standards and emitted higher amounts of VOCs than allowed by federal law.

 

EPA discovered the violations following a series of investigative actions from 2016-2018. In 2016, EPA conducted emission testing on five of Midwest’s portable fuel containers sold under the 2014 certificates of conformity. All five containers failed the emission test. EPA proceeded in 2017 to inspect the test lab utilized by Midwest to conduct emission testing of its portable fuel containers. In 2018, EPA received and reviewed additional information from the test lab, which revealed the violations related to Midwest’s applications for certificates of conformity.

 

VOCs include a variety of chemicals that may produce adverse health effects such as eye, nose, and throat irritation, headaches, nausea, and damage to the liver, kidney, and the central nervous system. VOCs also contribute to the formation of ground level ozone. Breathing ozone can trigger a variety of health problems, particularly for children, the elderly, and anyone with lung diseases such as asthma. Ground level ozone can also have harmful effects on sensitive vegetation and ecosystems. 

 

The consent decree has been lodged with the U.S. District Court for the Northern District of Illinois and is subject to public comment for a period of at least 30 days. Notice of the lodging of the consent decree will appear in the Federal Register, allowing for a 30-day public comment period before the consent decree can be entered by the court as final judgment.

 

 

On November 9, 2020, a court sentenced Joon LLC, d/b/a Ajin USA. Ajin previously pleaded guilty to willfully violating an Occupational Safety and Health Act standard resulting in the death of an employee (29 U.S.C. § 666 (e)). Ajin will pay the statutory maximum $500,000 fine plus $1,000,000 in restitution to the victim’s estate. The company will complete a three-year term of probation, during which it must comply with a safety compliance plan, overseen by a third-party auditor.

 

Employee Regina Elsea worked at Ajin’s Cusseta, Alabama, facility. On June 18, 2016, the 20 year-old entered an enclosure (called a cell) containing several robots and other pieces of machinery. While troubleshooting a sensor fault inside the cell, one of the machines started up. A robotic arm struck Elsea, who later died of her injuries. The OSH Act requires employers to develop and utilize procedures to de-energize machinery during maintenance and servicing activities to prevent the kind of unplanned startup that killed Elsea. Ajin developed these procedures, but supervisors failed to effectively enforce them for approximately two years. The company’s safety and HR managers repeatedly raised their concerns to upper management, but management failed to take any meaningful steps to rectify them.

 

The U.S. Department of Labor Office of Investigations conducted the investigation.

 

 

On November 5, 2020, Russell McKeehan pleaded guilty to violating the Resource Conservation and Recovery Act (RCRA) for storing hazardous waste without a permit (42 U.S.C. § 6928(d)(2)). Sentencing is scheduled for February 18, 2021.

 

Beginning in 2009, McKeehan, doing business as Chrome Reflections, operated a chrome and metal plating and polishing business in Des Moines, Iowa. After moving to another plant in March 2013, the company continued to store hazardous waste at the former facility for approximately four years, without a permit. These wastes tested positively for toxicity, reactivity, and corrosivity characteristics.

 

The EPA Criminal Investigation Division conducted the investigation.

 

The California State Water Resources Control Board adopted a general order for how wastewater is processed and discharged at winery locations in an ongoing effort to safeguard groundwater and surface water from wastewater discharges.

 

The order protects groundwater and surface water quality while giving wineries the flexibility to select compliance methods that best fit their site-specific situation, including tiering the compliance requirements to the winery size and associated threat to water quality.

 

Under regulatory authority of existing Water Code Sections 13260 and 13263, the order also streamlines statewide permitting of currently unregulated winery process water discharges and establishes statewide consistency, while allowing regional water boards to focus their resources on compliance.

 

The order was developed with substantial involvement from industry and stakeholders and addresses feedback provided during a five-year process that included release of an administrative draft order in February 2019 and regional and statewide workshops and meetings. The Board also received feedback from the Wine Institute, California Coastkeepers Alliance, consultants, winemakers and tribes.

 

The Wine Institute estimates 2,036 of the 3,612 bonded wineries in California will be subject to the order.  More information on the general order can be found at State Water Board’s order program page.

 

 

The Department of Justice, the EPA, and the Louisiana Department of Environmental Quality (LDEQ) announced a settlement with Dow Chemical Company and two subsidiaries, Performance Materials NA Inc. and Union Carbide Corporation, that will eliminate thousands of tons of air pollution from four of Dow’s petrochemical manufacturing facilities in Texas and Louisiana.

 

The settlement resolves allegations that Dow and its subsidiaries violated the Clean Air Act by failing to properly operate and monitor industrial flares at their petrochemical facilities, which resulted in excess emissions of harmful air pollution.

 

The complaint, filed Tuesday along with the settlement, alleges that Dow and its subsidiaries “oversteamed” their flares and failed to comply with other key operating parameters that ensure the volatile organic compounds (VOCs) and hazardous air pollutants contained in the gases routed to the flares are effectively combusted.

 

The companies will spend approximately $294 million to install and operate air pollution control and monitoring technology to reduce flaring and the resulting harmful air pollution from 26 industrial flares at the companies’ facilities in: Hahnville, Louisiana; Plaquemine, Louisiana; Freeport, Texas; and Orange, Texas.  Once fully implemented, the pollution controls required by the settlement are estimated to reduce harmful air emissions of VOCs by more than 5,600 tons per year. The settlement is also expected to reduce toxic air pollutants, including benzene, by nearly 500 tons per year.

 

“This settlement will improve air quality in Texas and Louisiana by eliminating thousands of tons of harmful air pollution each year,” said Jonathan D. Brightbill, Acting Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division.  “The agreement, which requires Dow to reduce emissions from its facilities in Texas and Louisiana, demonstrates the Justice Department’s and EPA’s  continuing efforts, together with our state partners, to reduce harmful air pollution from unnecessary and improper flaring in order to protect the American public by bringing sources of air pollution into compliance with the Clean Air Act.”

 

“This settlement means cleaner air for communities across Texas and Louisiana and reinforces EPA’s commitment to enforce the law and hold those who violate it accountable,” said Susan Bodine, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “As this agreement shows, EPA is dedicated to partnering with states to address critical environmental issues and improve compliance in the regulated community to prevent future violations of the law.”

 

“The Clean Air Act provides a blueprint for industry to operate in a safe and controlled fashion,” said Dr. Chuck Carr Brown, LDEQ Secretary. “LDEQ will continue to work with our federal partners, EPA and the Justice Department, to finalize agreements that settle both long- and short-term compliance issues. Every citizen of Louisiana will benefit from the Beneficial Environmental Project portion of the settlement.”

 

The pollutants addressed by the settlement can cause significant harm to public health. VOCs are a key component in the formation of smog or ground-level ozone, a pollutant that irritates the lungs, exacerbates diseases such as asthma, and can increase susceptibility to respiratory illnesses, such as pneumonia and bronchitis. Chronic exposure to benzene, which EPA classifies as a carcinogen, can cause numerous health impacts, including leukemia and adverse reproductive effects in women.

 

Flares are devices used to combust waste gases that would otherwise be released into the atmosphere during certain industrial operations. Well-operated flares should have high “combustions efficiency,” meaning they combust nearly all harmful waste gas constituents, like VOCs and hazardous air pollutants, and turn them into water and carbon dioxide. The agreement is designed to improve Dow’s flaring practices. First, it requires Dow to minimize the amount of waste gas that is sent to the flares, which reduces the amount of flaring. Second, Dow must improve the combustion efficiency of its flares when flaring is necessary. 

 

In order to minimize the waste gas sent to the flares at each facility, Dow will operate flare gas recovery systems that recover and recycle the gases instead of sending them to be combusted in a flare. The flare gas recovery systems will allow Dow to reuse these gases as a fuel at its facilities or a product for sale. Dow will also create waste minimization plans for each facility to further reduce flaring. For flaring that must occur, the agreement requires that Dow install and operate instruments and monitoring systems to ensure that the gases sent to its flares are efficiently combusted. Dow will also perform air quality monitoring that is designed to detect the presence of benzene at the fence lines of the four covered plants and pay a civil penalty of $3 million.

 

The LDEQ will receive $675,000 of the $3 million total civil penalty, and Dow will perform three state-authorized beneficial environmental projects in Louisiana that were negotiated by Louisiana.

 

The consent decree, lodged in the Eastern District Court of Louisiana, is subject to a 30-day public comment period and final court approval.

 

 

Annual training is required by 40 CFR 262.17(a)(7). Learn how to complete EPA’s new electronic hazardous waste manifest, and the more than 60 changes in EPA’s new Hazardous Waste Generator Improvements Rule. Environmental Resource Center’s Hazardous Waste Management: The Complete Course is available via live webcasts. If you plan to also attend DOT Hazardous Materials Training: The Complete Course, call 800-537-2372 to find out how you can get your course materials on an Amazon Fire HD 10 tablet at no extra charge.

 

 

Environmental Resource Center has openings for EHS consultants and trainers. If you are looking for a new challenge, send your resume and salary requirements to Brian Karnofsky at brian@ercweb.com.

 

 

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