DOT Increases Hazardous Materials Penalties

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 The baseline assessments for violations related to training and security plans are being increased and the Agency is making editorial changes in their List of Frequently Cited Violations in our Guidelines for Civil Penalties.

• The maximum civil penalty was increased from $32,500 to $50,000 for a knowing violation and to $100,000 if the violation results in death, serious illness or severe injury to any person, or substantial destruction of property.
• The minimum civil penalty has reverted from $275 to $250, except a minimum civil penalty of $450 applies to a violation related to training.
• Criminal penalties now apply to both reckless and willful violations (as well to as a knowing violation of the prohibition in 49 U.S.C.á 5104(b) against tampering with a mark, label, placard, or description on a shipping document) of federal hazardous material transportation law or the regulations, orders, special permits, and approvals issued thereunder.
• The maximum criminal penalty of 5 years' imprisonment and a fine in accordance with Title 18 of the United States Code ($250,000 for an individual, $500,000 for a corporation) was retained, except the maximum time of imprisonment has been increased to 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to a person.

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EPA Extends SPCC Deadlines Again

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á Under the new 40 CFR 112.3(a), a facility that was in operation on or before August 16, 2002 must make any necessary amendments to its SPCC Plan, and implement that Plan, on or before October 31, 2007. Under the new 40 CFR 112.3(b), a facility that came into operation after August 16, 2002 must also prepare and implement an SPCC Plan on or before October 31, 2007. áFinally, under the new 40 CFR 112.3(c), a mobile facility must prepare or amend and implement an SPCC Plan on or before October 31, 2007. In other words, this action extends the SPCC compliance dates in 112.3(a), (b), and (c) for all facilities until October 31, 2007.
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This action allows EPA time to take final action on proposed revisions to the July 17, 2002, SPCC rule before owners and operators of facilities are required to meet requirements of that rule when preparing or amending their SPCC Plans. 

Texas to Adopt New Hazardous Waste Manifest

á  áAll other states will be adopting the new EPA hazardous waste manifest by the time that it is implemented on September 5, 2006.
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EPA Revokes Federal Gas Formula Mandate

á  The Energy Policy Act authorized the action, which reduces production burdens while continuing to protect the environment with clean fuel blends as the use of ethanol increases. Currently, about 30 percent of gasoline is RFG. 

EPA Exempts Certain Chemicals from TSCA Inventory Update Rule

EPA issued a direct final action to amend the Toxic Substances Control Act (TSCA) section 8(a) Inventory Update Reporting (IUR) regulations by adding the following four chemical substances to the list of chemical substances in 40 CFR 710.46(b)(2)(iv) which are exempt from reporting processing and use information required by 40 CFRá 710.52(c)(4):

• Two vegetable-based oils (fats and glyceridic oils, vegetable (CASRN 68956-68-3) and canola oil (CASRN 120962-03-0))
• soybean meal (CASRN 68308-36-1), and
• xylitol (CASRN 87-99-0).

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EPA determined that the IUR processing and use information for these chemicals is of low current interest. Manufacturers and importers of the chemicals listed in 40 710.46(b)(2)(iv) must continue to report manufacturing information.
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New Jersey Mandates Removal of Mercury Switches from End-of-Life Vehicles

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Manufacturers of vehicles containing mercury switches sold in New Jersey, vehicle recyclers, and scrap recycling facilities that accept vehicles that contain mercury switches are subject to a new legislation (P.L. 2005, c. 54) which created a mandatory collection and recovery program for mercury switches from end-of-life vehicles in New Jersey.
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Mercury switches use liquid mercury within a capsule commonly known as a "bullet" that flows into position to close the switch and thereby conduct electricity.á Vehicle recyclers and scrap recyclers that accept end-of-life vehicles are required to:

• Remove the mercury switches from the end-of-life vehicle
• Maintain records documenting the number of mercury switches collected, the number of end-of-life vehicles containing mercury switches including vehicle identification numbers (VIN), and the number of end-of-life vehicles processed for recycling
• Handle all removed mercury switches in accordance with the NJ DEP's universal waste regulations

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Vehicle manufacturers are required to:

• Identify the make, model and year of each vehicle produced that contains mercury switches
• Describe the type and location of the switches
• Provide safe and environmentally sound methods for the removal of the switches
• Provide containers to recyclers to store the removed switches
• Pay for the cost of transportation of the switches to an appropriate waste or recycling facility
• Pay a minimum of $2.00 per removed switch to regulated recyclers and $0.25 per removed switch to the NJ DEP
• Submit a mercury minimization plan to the Department

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Pennsylvania Announces $3.7 Million Investment in Alternative Fuel Technologies

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Governor Edward G. Rendell announced the investment of $3.7 million in Alternative Fuel Incentive Grants to help reduce Pennsylvania's dependence on imported oil, improve environmental quality and foster economic development by encouraging the deployment of innovative energy technologies.
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The grants are leveraging more than $16 million in private funds for projects ranging from cutting-edge early-stage research to commercial implementation of technologies that offer measurable benefits for air quality and emerging Pennsylvania businesses.
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Environmental Protection Secretary Kathleen A. McGinty announced the $3.7 million investment of AFIG funds during a tour of the York County Transportation Authority, which received $381,600 to cover the estimated incremental cost difference between a gallon of conventional diesel and a gallon of 20 percent blended biodiesel, commonly called B20. The funding will enable the authority to operate its entire diesel fleet of 20 buses and 33 vans on B20.
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No mechanical changes are needed for the vehicle fleets to operate on the cleaner-burning fuel, which also reduces wear and tear on the engine and helps to cut down on maintenance expenses. Biodiesel also has a higher energy value per gallon than petroleum diesel, providing greater pickup for vans and buses.
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Studies show that alternative fuels are cleaner than conventional fuels, emitting little to no particulate matter, less carbon monoxide and fewer pollutants that contribute to ground-level ozone, or smog. In fact, at full fleet turnover, the two York projects will result in measurable reductions in sulfur and cut carbon dioxide emissions by 526.3 tons each year.
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Alternative fuels include compressed natural gas, liquefied natural gas, liquid propane gas, ethanol, methanol, hydrogen, coal-derived liquid fuels and fuels derived from biological materials. The use of these fuels offers an alternative to conventional transportation fuels that come primarily from petroleum imported from foreign countries, making AFIG even more significant as increasing energy prices impact consumers, businesses and local governments.
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Governor Rendell recently signed into law (Act 178 of 2004) an expansion of the state's Alternative Fuels Incentive Grant Program, enabling DEP to fund projects at higher percentages of the total cost.
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The new law also allows DEP to offer a rebate instead of a grant to commonwealth residents who purchase hybrid electric and alternative fuel vehicles. Hybrid vehicle purchasers can now apply throughout the year and will be eligible for the rebate as long as funding is available and DEP receives the required information within six months of the purchase.
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Act 178 of 2004 expanded AFIG to help school districts, transit authorities, local government agencies and nonprofit organizations buy down the added cost to use biodiesel fuel.
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EPA to Inspect Additional Missouri Underground Storage Tanks
EPA Region 7 will inspect an additional 125 underground storage tank (UST) facilities in Missouri to help the Missouri Department of Natural Resources (MDNR) meet its environmental goals.
Inspections in October 2005 found 30 out of 125 UST facilities out of compliance. EPA issued field citations to the facility owners.
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Regional Administrator Jim Gulliford said, "These inspections are necessary to help EPA and MDNR identify problems with underground storage tank systems before they lead to fuel leaks into soil and ground water. EPA shares MDNR's goal that all UST facilities comply with environmental regulations."

The federal inspections will give EPA an opportunity to share operations and maintenance requirements and the latest leak technology information with facility owners and operators.

Inspections will take place in Kansas City, St. Joseph, Springfield, Joplin, Jefferson City, Columbia, Sikeston and surrounding areas. They are scheduled to end in April 2006. Some of the facilities inspected last year will be reinspected to verify compliance. EPA will take appropriate enforcement action for continuing violations.

Each facility has been notified by mail and advised of information and records that need to be available for review by the inspectors. Any need to perform additional inspections in other parts of Missouri will be decided later.
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School Officials Reminded of Asbestos Hazard Responsibilities

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EPA's Denver Office has sent Toxic Substance Control Act (TSCA) compliance assistance letters to local education agencies (LEAs) in Wyoming, Montana, South Dakota and North Dakota as a reminder of school responsibilities concerning asbestos. These letters explain the LEAs' responsibilities under the TSCA Asbestos Hazard Emergency Response Act (AHERA). AHERA requires that all LEAs inspect their buildings for asbestos material and develop management plans for properly managing the asbestos. A sample version of the letter reads:
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The purpose of this letter is to remind you of your school's or school district's responsibilities under the Asbestos Hazard Emergency Response Act (AHERA). The AHERA focuses on protecting students and school employees from the dangers of asbestos, a naturally-occurring, fibrous mineral, which has commonly been used in building construction. As asbestos-containing building material (ACBM) deteriorates, or is disturbed through maintenance, renovation, or demolition activities, asbestos fibers are released into the air. Inhalation of these needle-like, microscopic fibers is known to cause such deadly respiratory diseases as asbestosis (scarring of lung tissues), lung cancer, and mesothelioma (cancer of the lining of the lungs). The AHERA requires each public school district or private, nonprofit K-12 school to (1) inspect its school buildings for ACBM, (2) develop a plan to manage ACBM in each of its school buildings, (3) designate a person who will ensure that AHERA requirements are properly implemented, (4) annually notify parents, students, and staff regarding the school's asbestos management activities, (5) provide information to contractors on the locations of ACBM in its school buildings, (6) provide asbestos awareness training to maintenance and custodial employees, and (7) conduct triennial reinspections and semiannual surveillance to monitor the condition of ACBM remaining in its school buildings. The EPA has an ongoing responsibility to ensure compliance with the AHERA requirements. In order to fulfill that responsibility, EPA conducts AHERA compliance inspections. EPA may or may not have inspected your school or school district in the past, but please be aware that EPA's inspection efforts continue. For additional information on the AHERA, you may contact Allen Gould, AHERA Compliance Inspector, at telephone 800-227-8917, extension 6406

Region 8 is not sending letters to LEAs in Colorado and Utah, because these states run their AHERA programs.
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Companies Pay Combined $247,770 to Settle Dust Violations

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EPA recently settled with Edward Kraemer & Sons, Inc for $190,000 and Meritage Homes of Arizona for $57,770 for alleged dust violations that occurred at construction sites in Maricopa County, Arizona.

U.S. Attorney Paul K. Charlton stated, "The resolution in this case is a step in the right direction in improving the air quality in Maricopa County and our quality of life."

From May 2003 to January 2005, Edward Kraemer & Sons, Inc. failed to comply with Maricopa County rules during earth moving and dust generating operations at construction projects in Phoenix. Maricopa County inspectors discovered the following violations:

• failure to use a suitable control device to remove dirt from vehicle tires exiting construction sites
• failure to immediately clean up dirt tracked out 50 feet beyond the site
• failure to water down disturbed surface areas while conducting earth moving operations
• failure to implement approved control measures while conducting a dust generating activity

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Meritage Homes of Arizona failed to comply with dust rules at a residential construction projects in Phoenix and Surprise, Ariz. During three separate inspections in 2004, Maricopa County inspectors discovered that the company had:

• failed to apply water during earthmoving operations
• failed to install a suitable trackout control device
• failed to apply water during weed abatement

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In May, the EPA also settled with Pulice Construction for $53,000 for allegedly failing to use a suitable control device to remove dirt from vehicle tires exiting construction sites, and failing to immediately clean up dirt tracked out 50 feet beyond the site. Maricopa County exceeds the national health standard for PM-10. The EPA has classified the county as a serious non-attainment area for particulate matter. Under the federal Clean Air Act, areas failing to meet air quality standards must adopt control measures to reduce dust and soot in the air. The dust control measures are part of the state's clean air plan.
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Tools Released to Help Small Drinking-Water Systems

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EPA has released two new tools and a suggested affordability approach for small water utilities trying to balance the demands for quality water with their financial ability to deliver. This action is part of an overall program to protect public health, support small water systems and keep costs of water manageable. The targeted systems serve 3,300 customers or fewer.

The first document, "Setting Small Drinking Water System Rates for a Sustainable Future," will help owners and operators understand the full costs of providing a quality and adequate supply of drinking water to their customers and guide them in setting water rates that will support these costs. The second document, "Case Studies of Sustainable Water and Wastewater Pricing," provides real-world examples of eight drinking-water systems and their approach to determining and establishing rates.
In another action, EPA is requesting public comment on several proposed revised methods to determine when variances can be granted by state agencies to small systems that cannot afford to comply with future drinking water standards. A small-system variance allows a drinking water system to use a treatment technology that is both affordable and protects public health.

Variances are not available for microbial contaminants such as bacteria, viruses, or other organisms. The Safe Drinking Water Act requires EPA to identify affordable treatment technologies for small systems for each new drinking-water standard.

This proposal responds to a request from Congress and other stakeholders that EPA review its approach for assessing the affordability of drinking water regulations. EPA is seeking public comment and will further refine the proposal to reflect the best information available. Comments will be accepted for 60 days after publication in the Federal Register. 

EPA Cites Northshore Mining for Clean Air Act Violations

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EPA Region 5 cited Northshore Mining Co. for alleged air permit violations at the company's taconite ore processing plant at 10 Outer Drive, Silver Bay, Minn. EPA alleges that, among other things, Northshore and its predecessor, Cyprus Minerals Co., modified three furnaces at the Silver Bay plant causing significant increases in emissions of nitrogen oxide, particulates (smoke, dust, ash), and carbon monoxide without installing the best available technology to control the releases.

These are preliminary findings of violations. To resolve them, EPA may issue a compliance order, assess an administrative penalty or bring suit against the company. Northshore has 30 days from receipt of the notice to meet with EPA to discuss resolving the allegations.

Cleaner Air on the Horizon with New Joint Efforts by Public, Private Sectors

A consortium with a mission to significantly reduce air pollution in a large part of the central US was announced by EPA and the Central States Air Resources Agencies.

The Blue Skyways Collaborative, consisting of federal, state and local government agencies; nonprofits; and industry, met for the first time this week in Kansas City, Kan. It will use public/private partnerships to improve the quality of life in America's heartland.

The collaborative includes interests from nine states, Canada, Mexico and private partners seeking voluntary solutions, incentives and shared approaches to reducing diesel and other fuel-related emissions and emissions from the energy sector. The states are Minnesota, Iowa, Nebraska, Missouri, Kansas, Oklahoma, Arkansas, Louisiana and Texas.
EPA announced at the meeting that it plans to commit an estimated $9 million to finance projects beginning this year. The projects will prevent an estimated 2,300 tons of diesel soot from polluting the air in America's heartland by adding clean diesel technology to some 10,000 diesel engines based in the heartland.

EPA Region 7 Administrator Jim Gulliford said, "The partnerships formed through this collaborative will enable us to leverage resources to reduce diesel emissions. We will be able to share technology and pool finances for greater reductions than are possible through individual efforts."

Region 6 Administrator Richard E. Greene said, "With 50 million people living, working and playing in the nine central states of this collaborative, it is vital to improve the air quality through green energy innovations. Pollution reduction from vehicles, as well as other methods of transportation, will benefit the health of residents living in this area."

Blue Skyways Task Force members are optimistic that their continued efforts will leverage additional public/private money to achieve even greater health benefits. For example, the collaborative anticipates that some $75 million in EPA money will be available for diesel engine retrofits and clean school buses nationwide in 2007. It estimates that another $2 million will be available to encourage renewable energy, energy conservation and energy efficiency projects.

Annette Sharp, director of the Central States Air Resources Agencies, said, "CenSARA, on behalf of the state air directors and the leadership of local air quality environmental programs, is committed to leading the way in creatively and effectively reducing air emissions. Our goal is to increase the number of counties in compliance with all national ambient air quality standards."

The Blue Skyways Collaborative plans to develop projects to reduce air pollution emissions along major transportation corridors and in various sectors, including air, water and rail transportation; on-road diesel vehicles; and heavy off-road equipment. Another area of focus will be alternative and renewable energy.
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Developer and Contractor Pay $110,000 to Resolve Wetlands Violations

á  Whetstone Development Corp has also agreed to donate 40 acres of open space as part of the settlement.
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The EPA's agreement with Whetstone Development Corp. compensates for the permanent loss of approximately 0.25 acres of desert streams, or ephemeral washes, which were filled without a permit during construction activities at "The Canyons at Whetstone Ranch" residential development in Benson, Ariz. The affected area is part of the San Pedro River watershed, a vital ecological resource in Arizona. The 40-acre parcel donation to the city of Benson contains approximately 2.5 acres of desert wash riparian habitat.

"The San Pedro River watershed, an internationally recognized ecological treasure, is a much-valued resource for Arizona, the U.S. and Mexico," said Alexis Strauss, director of the EPA's Water Division for the Pacific Southwest region. "We hope to bring water quality improvements to this watershed, and will strive to protect Arizona's water resources for generations to come."

Last February, EPA, Arizona Department of Environmental Quality and U.S. Army Corps of Engineers inspectors discovered that both companies had not properly implemented or maintained adequate storm water pollution controls at the construction site, as required by their state permits.
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Storm water controls, such as silt fences and fiber rolls, were improperly placed across washes, rather than parallel to them, which blocked or altered natural flows. In addition, the developers had failed to obtain permit authorization from the Corps prior to placing or directing the placement of fill material in the washes -- such as concrete housing pads or rock used for stream bank hardening.

 The Corps of Engineers issues permits to fill in water bodies, and the state of Arizona issues permits dealing with the release of pollutants in storm water from construction sites.

In their natural state, desert washes provide many benefits including accommodation of flood waters, maintenance of water quality, recharge of groundwater, and support of wildlife populations. Once damaged, these environments are difficult to restore and the benefits are often permanently lost.
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International Prosecution for Mishandling of Hazardous Waste Nets More Than $2 Million

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EPA and the U.S. Attorney's Office have announced that Joel D. Udell and two affiliated businesses, Pyramid Chemical Sales Co. and Nittany Warehouse LP, were sentenced on February 14, 2006 to pay more than $2 million in restitution and fines for mishandling hazardous waste in Pottstown, Pa., and in Rotterdam, the Netherlands, between 1998 and 2000.

In addition, Udell, who now resides in Boca Raton, Florida, must spend six months in home confinement in Montgomery County, Pa., under electronic monitoring and perform 500 hours of community service in Pottstown.

The defendants had pleaded guilty previously to storing hazardous waste without a permit at the former Nittany Warehouse in Pottstown, Pa., from May 1998 to early 2001, exporting hazardous waste outside the United States without consent of the receiving country on various dates in 2000, and transporting hazardous waste without manifests and to un-permitted facilities in 2000.

The sentences imposed by U.S. District Court Judge Bruce W. Kauffman included:

• The defendants are jointly and severally liable to pay $1,243.072.65 to the Dutch government, $409,639.97 to Europe Container Terminals BV, and $150,000 to the EPA. These payments are to made over a five-year period of probation imposed on all the defendants.
• Udell was fined $100,000 and the two companies each received $50,000 fines.
• Udell must spend six months home confinement in Montgomery County, Pa., and perform 500 hours of community service in Pottstown, Pa. He must perform at least half of the 500 hours during the six-month home confinement period.
• Udell must pay a $1,500 special assessment and the companies each must pay a $6,000 special assessment.

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"These defendants knowingly mishandled hazardous waste both in Pennsylvania and abroad," said Granta Y. Nakayama, EPA's Assistant Administrator for the Office of Enforcement and Compliance Assurance. "The message is clear: we will pursue criminals demonstrating such willful disregard for the public's safety and the environment -- even when it crosses jurisdictional lines -- and we will continue the collaborative efforts with international authorities to prosecute these crimes."
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The charges grew out of the defendants' operation of a surplus chemical brokerage business in Ambler and Pottstown. Beginning in May 1998, Pottstown authorities attempted to get Udell to repair the Nittany Warehouse on High Street in Pottstown and to improve storage of thousands of containers of chemicals, including flammable, corrosive and toxic material stored in deteriorated or broken containers and bags. Pottstown ultimately sued Udell and Nittany Warehouse in state court in 1999, obtained a state court order in April, 2000, and EPA forced the defendants to perform a Superfund cleanup from July 2000 to early 2001.

During that period, the defendants shipped 29 forty-foot containers of aging chemicals to Rotterdam. The containers stayed at the port for three years when the Dutch refused to permit them to be reshipped because of their poor condition, and the defendants refused to have them repackaged and returned to the United States. The restitution imposed as part of the sentences covers the port operator's costs for storing the chemicals for three years, the Dutch government's costs in incinerating almost 300 tons of chemicals at the end of 2003, and EPA's costs in overseeing the warehouse clean up in Pottstown.
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PA DEP Seeks Members for Environmental Justice Advisory Board

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The Pennsylvania Department of Environmental Protection is seeking candidates to join the Environmental Justice Advisory Board. The board's mission is to ensure the fair treatment and meaningful involvement of all commonwealth residents regardless of race, color, national origin or income in the environmental decision-making process.
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"The board is a dynamic group of community-minded men and women who provide invaluable input to DEP on a host of environmental issues," DEP Secretary Kathleen A. McGinty said. "We are seeking applicants who want to work with the department to enhance its communication and responsiveness to all Pennsylvania residents."
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Members of the advisory board conduct fact-findings, develop protocols and make recommendations to the department with respect to the development, implementation and enforcement of environmental laws, regulations and policies.
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Potential candidates should have an interest in environmental justice issues and have a background in one of the following areas: environmental justice, community residents, public sector (other government entities), academia, industry, public policy, public health, community groups, faith-based organizations, health insurance, hospitals, transportation or environmental health.
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Interested candidates should be able to attend the board's quarterly meetings in Harrisburg. All members of the advisory board are volunteers and do not receive compensation from DEP, although the department will reimburse all travel expenses to attend meetings.
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Appointments are for two-year terms.
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Interested candidates should send their resumes to Director Ayanna King, Office of Environmental Advocate,  or fax (717-772-5996).
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OR DEQ Issues $2,982 Penalty for Asbestos Management Violation

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The Oregon Department of Environmental Quality (DEQ) has issued a $2,982 penalty against Boise Building Solutions Manufacturing, LLC (Boise) of Boise, Idaho, for allowing unlicensed persons to perform an asbestos abatement project at its particleboard plant at 62621 State Highway 82 in the Union County community of Island City. á
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On May 12, 2005, Boise informed DEQ that its employees had removed most of the asbestos-containing roofing from a building at its particleboard facility. On May 13, 2005, a DEQ air quality specialist inspected the property and observed dry and brittle asbestos-containing roofing on the Jenkins saw conveyor. Boise also directed the air quality specialist to a sealed dumpster next to the Jenkins saw conveyer which contained the roofing its employees had improperly removed. This roofing material would likely release asbestos fibers into the air when disturbed, shattered or broken. DEQ found the asbestos-containing material in portions of the roof that hadn't been removed as well as in a trash container on the site.
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áAn asbestos survey conducted in 2004 for Boise by an Oregon-licensed asbestos inspector identified asbestos in the roofing of the building. According to Boise, the roofing removal project was conducted unbeknownst to management by employees who were unaware of the asbestos-containing material in the roofing.
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The brittle roofing material on Boise's building could not be safely removed without being torn. Oregon environmental law requires that friable (broken) asbestos-containing material be removed by an Oregon-licensed asbestos abatement contractor. An Oregon-licensed asbestos abatement contractor would have wet the material during removal, placed it in leak-tight containers, clearly labeled the containers as asbestos-containing and disposed of it in a timely manner at an authorized disposal site to prevent emissions of asbestos fibers into the air.
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Once it confirmed that its employees had commenced the removal project, Boise immediately contacted an Oregon-licensed asbestos abatement contractor, who promptly removed the remaining roofing and the material from the dumpster with the proper precautions. Boise has appealed the penalty.
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OR DEQ Issues Penalties Totaling $89,400 to Port of Astoria for Water Quality Violations

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The Oregon DEQ issued a penalty totaling $89,400 to the Port of Astoria for water quality violations related to the Port's maintenance dredging activities last year along the Columbia River. DEQ found that the Port had discharged, without proper authorization, water containing elevated toxin levels from its Pier 3 upland disposal site directly into the Columbia River.
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The penalty stems from the Port's violation of water quality standards and conditions outlined in its state-issued 401 Water Quality Certification, which allowed the Port to dispose of dredging spoils at an upland disposal site near the Port's Pier 3 property. The certification specifically prohibits the discharge of any water from the disposal area without prior approval from a regional oversight group comprised of a variety of state and federal agencies.
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On Feb. 24, 2005, without prior approval from the regional oversight group, the Port began discharging waste materials from the disposal area to the Columbia River because the disposal area had reached capacity and the Port wanted to make space in order to continue dredge work. The Port discharged the waste into the river until March 16, 2005. By not following procedures outlined in the certification, the Port violated state law prohibiting discharge of wastes to state waters without a permit.
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A March 10, 2005 sampling of discharge material found that the material contained the toxic substances mercury and polychlorinated biphenyl (PCB) at levels exceeding state standards.
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PCB, a known carcinogen, is already present in the Columbia River at levels that violate state standards established to protect the river's beneficial uses. Mercury damages the brain and can cause birth defects. PCB and mercury are persistent toxics. They do not break down in the environment and can accumulate in the tissues of humans, fish and other organisms.
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DEQ divided the penalty violations into four parts: discharging wastes (dredging spoils) to state waters (a $64,800 penalty); discharging a waste (mercury) that reduced state water quality below acceptable standards ($9,600 penalty); discharging PCB, reducing water quality to below acceptable state standards ($9,600 penalty); and discharging wastes to state waters in the form of sediment deposits, in violation of rules established by the Oregon Environmental Quality Commission ($5,400 penalty). Of the $89,400 total penalty, DEQ determined that $59,400 represents the economic benefit the Port received by failing to pay the appropriate costs associated with its dredging, sampling and other associated work on its maintenance dredging project.
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Florida Compliance Assistance Program Aids the Automotive Recycling Industry

á Scheduled for March and April, the workshops are part of DEP's Compliance Assistance Program to help automotive recyclers reduce waste, comply with environmental regulations and maintain a cleaner auto salvage yard.
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"The DEP's Compliance Assistance Program encourages the industry to adopt 'green' practices that reduce waste and save money," said DEP Secretary Colleen M. Castille. "These workshops will provide technical support to businesses to help improve environmental compliance and protect natural resources."
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Shop owners, mechanics, equipment operators and automotive recycling facility workers are encouraged to participate in the program, which includes a self-audit checklist and DEP's guide to assist in the evaluation of the facility, compliance with environmental laws and Best Management Practices (BMPs). Workshop topics include BMPs for incoming and processing vehicles; spills and leaks; container management and storage; practices for determining if a business is a hazardous waste generator; waste streams such as vehicle fluids, lead batteries, scrap metal, and mercury switches; storm water permitting; storm water pollution prevention plan; and the Florida Green Yard Initiative.
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DEP's automotive recycling workshops will be held:
Thursday, March 9th, 2006 - Pensacola
Tuesday, March 14th, 2006 - Orlando
Wednesday, March 15th, 2006 - Sarasota
Tuesday, March 28th, 2006 - Daytona Beach
Wednesday, March 29th, 2006 - Jacksonville
Thursday, March 30th, 2006 - Cocoa Beach
Monday, April 3rd, 2006 - Fort Myers
Wednesday, April 5th, 2006 - Port St. Lucie
Thursday, April 6th, 2006 - Hollywood
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IDEM Creates Search Engine for Air Permits on the Internet

á  The Air Quality Permit Status Search Engine sorts air permits by source name, county, permit number, time frame and other criteria. The status and information in the permit will be automatically updated when changes occur.

"IDEM is working to make Indiana's environmental permitting process easy to understand and simple to access," said IDEM commissioner Thomas W. Easterly. "Being able to hop online and find every air permit in the state brings our agency one step closer to Hoosiers. What used to take an afternoon in the file room can be done with a few clicks of a mouse."

The old system forced the user to download the entire permit file in order to view basic information. The search engine provides permit status and displays information on a summary page. The complete permit remains available for downloading from the summary page.
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Ohio EPA Revisits Rules for Wetland Replacement

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Ohio EPA is accepting comments on draft rule changes that would improve wetland mitigation procedures and add new guidelines to evaluate streams for mitigation.
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The draft rules are designed to:

• improve the quality of and ability to evaluate mitigated wetlands and streams
• ensure greater clarity and predictability regarding Ohio EPA's requirements
• make the project review process more efficient, saving time
• bring Ohio's rules in line with current scientific knowledge

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The federal Clean Water Act requires anyone discharging dredged or fill material into Ohio waters to obtain a water quality certification from Ohio EPA and a permit from the U.S. Army Corps of Engineers. Ohio EPA's review is to ensure the project will comply with Ohio's water quality standards. As a condition of approval, all wetland or stream impacts need to be mitigated by restoring, creating, enhancing or preserving other wetland or stream areas.
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According to the National Academy of Sciences, some wetland mitigation projects nationally are not performing as expected in replacing natural wetlands that were filled. In Ohio studies, mitigation projects have shown mixed results. While there has been no net loss of wetlands resulting from individual mitigation projects, the quality of mitigation projects does not compare favorably to the quality of the original wetland that was removed.
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In the past, Ohio hadn't established detailed rules to guide stream mitigation projects. A new mitigation credit and debit system, which assigns scale values for various aspects of stream degradation or improvement, is now being considered to rate stream quality. The draft rules describe how to score stream impacts based on aquatic life use, habitat quality and other factors that can indicate stream quality, such as the presence of endangered, threatened or rare species, and the quality of the flood plain and stream bank. The final calculated mitigation credits would need to equal or exceed calculated debits for a proposed project to be eligible for a water quality certification.
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Revisions also are being considered for wetland mitigation, including the amount of mitigation required, the appropriate location for mitigation and new criteria to measure the success of wetland mitigation projects. Draft changes include setting up design and monitoring provisions with performance standards and ecological monitoring requirements. These provisions would ensure wetland mitigation plans have a high likelihood of success.
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Administrative rule changes also are being considered, including a provision to allow Ohio EPA to transfer or renew water quality certifications or to issue emergency certifications.
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Metal Recycler Pays $250,000 to Settle Hazardous Waste, Air Pollution Violations

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New Jersey DEP Acting Commissioner Lisa P. Jackson announced a $250,000 settlement with Veridium Corp., a Paterson, NJ, metal recycling facility, for a series of outstanding violations stemming from the company's repeated failure to properly store hazardous waste and strictly adhere to air-pollution regulations.
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"Time and again, this company jeopardized the public's health and safety and our environment by mishandling hazardous materials and neglecting its responsibility to safeguard air quality," Acting Commissioner Jackson said. "We have no tolerance for any actions that leave our already-overburdened urban communities vulnerable to toxic mishaps."
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From 1999 to 2005, DEP inspections uncovered seven violations, including Veridium's improper storage of 29,000 pounds of cyanide, acids, bases and other hazardous wastes capable of sparking explosions. Further, Veridium also failed to familiarize police, fire and emergency-response teams with the facility's layout and the kinds of hazardous waste it regularly handled.
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The DEP also cited Veridium for operating a materials dryer without the proper permit, failing to properly mark containers as hazardous waste and date them, failing to keep hazardous-waste containers closed and improperly storing 55-gallon drums of hazardous waste for more than 90 days, among other violations. DEP inspections also revealed the company failed to comply with its required air-pollution permits and failed to properly notify the DEP when it released air contaminants during a fire.
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Under the settlement agreement, which covers all of Veridium's outstanding violations, the company will make payments on $250,000 through December 2010.
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TN Establishes Alternative Fuels Working Group

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"This is just the first of many steps we want to take to increase Tennessee's use of renewable alternative fuels such as biodiesel and ethanol," said Bredesen. "Increasing our use of cleaner, renewable energy resources will promote cleaner air and better health for our citizens and create additional economic opportunities for Tennessee farmers. Increased production of biofuels also has the potential to reduce our dependence on foreign oil and increase our ability to withstand future supply disruptions and spikes in fuel prices."
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The executive order calls for immediate steps to establish interim state standards for biodiesel that will provide an adequate level of quality assurance for biofuels blending and distribution until national standards are finalized. It also directs that alternative fuels production capacity and infrastructure be made an economic and community development priority, including biofuels production facilities and biofuels feedstock processing facilities.
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State agencies are encouraged to support the development of a biofuels refueling infrastructure to facilitate the growth of biofuel refueling stations across the state, including both publicly-accessible stations and state-owned sites for the operation of state diesel vehicles and equipment.

Trivia Question of the Week

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Which of the following are not typically regulated by the federal EPA as hazardous waste?
a.á PCBs
b.á Non-aqueous waste with a pH of greater than 12.5
c.á Liquids that fail the TCLP for Ni or Be
d.á Off-specification used oil
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