DuPont will pay $10.25 million -- the largest civil administrative penalty EPA has ever obtained under any federal environmental statute -- to settle violations alleged by EPA over the company's failure to comply with federal law.á The settlement, which still must be approved by the EAB, would resolve DuPont's violations related to the synthetic chemical Perfluorooctanoic Acid under provisions of both the Toxic Substances Control Act (TSCA) and the Resource Conservation and Recovery Act (RCRA). The settlement resolves the four violations alleged in the Agency's two complaints filed against DuPont in July and December 2004, and settles four additional counts involving information about PFOA that EPA obtained after initiating its action against DuPont.á Seven of the eight counts involve violations of TSCA Section 8(e) -- the requirement that companies report to EPA substantial risk information about chemicals they manufacture, process or distribute in commerce. "This is the largest civil administrative penalty EPA has ever obtained under any environmental statue.á Not by a little, by a lot," said Granta Y. Nakayama, assistant administrator for the Office of Enforcement and Compliance Assurance.á "EPA takes violations of toxic substances laws seriously and is committed to enforcing those laws.á This settlement sends a strong message that companies are responsible for promptly informing EPA about risk information associated with their chemicals." PFOA (also known as C8 or Ammonium Perfluorooctanoate [APFO]), is used in the manufacturing process of fluoropolymers, including some Teflon products, at DuPont's Washington Works facility in Washington, W.Va.á Fluoropolymers impart desirable properties, including fire resistance and oil, stain, grease, and water repellency.á They are used to provide non-stick surfaces on cookware and waterproof, breathable membranes for clothing. As part of this settlement, DuPont has voluntarily agreed to undertake two Supplemental Environmental Projects (SEPs) valued at $6.25 million.á A SEP is an environmentally beneficial project that the violator agrees to undertake in exchange for mitigation of the penalty to be paid.á SEPs are related to the environmental violation and further EPA's goal of protecting and enhancing public health and the environment. The first SEP, valued at $5 million and to be completed in three years, is a project designed to investigate the potential of nine of DuPont's fluorotelomer-based products to breakdown to form PFOA.á This SEP will help industry, scientists, the public and EPA examine the potential sources of PFOA in the environment and potential routes of human exposure to PFOA.á The public will have an opportunity to nominate members to a Peer Consultation Panel, an independent group of scientists that will address specific charges identified in the SEP.á DuPont has agreed to require the laboratories that it contracts with to perform work under the SEP to follow the agency's Good Laboratory Practices standards as well as prepare and follow a Quality Assurance Project Plan.
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For the second SEP, DuPont will spend $1.25 million to implement over an expected three year period, the Microscale and Green Chemistry Project at schools in Wood County, West Virginia.á This SEP will foster science laboratory curriculum changes to reduce risks posed by chemicals in schools.á Using microscale chemistry, which reduces exposure to chemicals, and green chemistry, an approach that uses safer chemicals, the project will reduce risks to children's health and enhance science safety in all of the participating schools.áááááááááááááá
á"We are pleased that as a direct result of this settlement with DuPont, valuable information will be produced for the scientific community to better understand the presence of PFOA in the environment and any potential risks it poses to the public," said Susan Hazen, EPA's principal deputy assistant administrator for the Office of Prevention, Pesticides, and Toxic Substances.á "We are hopeful that [this] action will serve as an important reminder of the importance of timely industry reporting of substantial risk information to EPA." The violations resolved in this settlement consist of multiple failures to report information to EPA about substantial risk of injury to human health or the environment that DuPont obtained about PFOA from as early as 1981 and as recently as 2004.á The full record of EPA's case against DuPont is available to the public through EPA's Headquarters Hearing Clerk who is located in EPA's Office of Administrative Law Judges at 1099 14th St. N.W., Washington, D.C. and can be reached at 202-564-6263.á Copies of the settlement are available to the public through the Board's Clerk who is located in the Colorado building, 1341 G St. N.W., Suite 600, Washington, D.C. 20005 and can be reached at 202-233-0122.
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EPA Removes Methyl Ethyl Ketone from List of Toxic Air Pollutants
á á Declassifying MEK will not compromise public health and may even pose a public health benefit as companies substitute MEK for more toxic or environmentally damaging chemicals.á Although removed from the list of toxic air pollutants, MEK remains regulated as a volatile organic compound.
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Delisting a toxic air pollutant is a rigorous process that involves in-depth analyses and independent scientific peer review to demonstrate there are adequate data to determine that emissions may not reasonably be anticipated to cause adverse health effects.á Public comment is also an important component in the decision whether to delist a toxic air pollutant.á EPA has removed three other toxic air pollutants from the list:á ethylene glycol monobutyl ether (2004), long chain glycol ethers (2000), and caprolactam (1996).á EPA denied a petition to delist methanol in 2001.
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MEK is used as a solvent in the surface coatings industry, specifically in manufacturing vinyl lacquers, some lacquers and acrylics. MEK is also used for producing adhesives, magnetic tapes, printing inks, degreasing and cleaning fluids, as a dewaxing agent for lubricating oils and as an intermediate in the production of antioxidants and perfumes.
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EPA Eases Permitting Requirements for Small Businesses
á .á These businesses include:á neighborhood perchloroethylene dry cleaners; small ethylene oxide sterilizers that clean laboratory equipment and other items; chromium electroplaters that make items such as chrome parts for cars and plumbing fixtures; secondary aluminum production sources like car salvage yards; and halogenated solvent cleaners that clean metal parts, electronics and other objects.
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The operating permit, called a Title V permit, requires a facility to make regular reports on how it is tracking and controlling emissions and to certify each year whether it has met its air pollution requirements.á The Clean Air Act states that a small business may be exempted from permits if it is "impracticable, infeasible, or unnecessarily burdensome" for the small facility to meet permit requirements.
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This action does not change any requirements governing the control of emissions of toxic air pollutants that apply to these facilities -- they are still required to limit their emissions of air toxics.á In addition, the air toxics standards governing these businesses already require a detailed accounting of compliance. However, the additional requirements of a permit would be very costly for these small businesses and would not provide additional assurance of compliance.á
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Federal, State and Local Agencies Coordinate Storm Water Enforcement Actions
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EPA and the North Carolina Department of Environment and Natural Resources (NCDENR) in conjunction with the City of Charlotte Land Development Division (the City), Mecklenburg County Water Quality Division (the County), Cabarrus County Commerce Department and the Gaston County Natural Resources Department coordinated compliance and enforcement actions to address violations of the Clean Water Act (CWA), associated with the improper handling of storm water discharge at construction sites in the Charlotte area. These activities have resulted in adverse impacts on water quality.
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Inspections were performed during the months of April 2004 through March 2005 at construction sites within the Charlotte area. Each site was evaluated based upon compliance with the NCDENR ôGeneral Permit to Discharge Stormwater under the National Pollutant Discharge Elimination Systemö Permit. EPA and NCDENR evaluated the facilitiesÆ impact on the receiving streams and their compliance with the federal and state storm water regulations and the CWA.
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As a result of this effort, EPA has assessed penalties against eight construction sites. These companies have settled with EPA, signed Consent Agreement and Final Orders and agreed to pay the following civil penalties.
- áááááááá Overcash Gravel and Grading Company, Inc., for Heartland Place Subdivision in Cabarrus County - $13,500
- áááááááá Overcash Gravel and Grading Company, Inc., for Yates Mill in Cabarrus County - $39,500
- áááááááá Progressive Development Partners of Sardis, LLC, for Wal-Mart in the City of Charlotte and Mecklenburg County - $7,500
- áááááááá Ramey, Inc., for Autumn Woods in Gaston County - $50,000
- áááááááá Real Estate Development Partners, for Food Lion/Winecoff Commons in Cabarrus County - $33,000
- áááááááá North Star Investors II, LLC, for Reflection Pointe 1 in Gaston County - $6,500
- áááááááá North Star Investors II, LLC, for Reflection Pointe 2 in Gaston County - $6,500
- áááááááá North Star Investors II, LLC, for Reflection Pointe3 & 4 in Gaston County - $6,000
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Storm water runoff from construction activities can have a significant impact on water quality which contributes sediment and other pollutants exposed at construction sites. Polluted storm water runoff is a leading cause of impairment to the nearly 40% of surveyed U.S. water bodies which do not meet water quality standards. Over land or via storm sewer systems, polluted runoff is discharged, often untreated, directly into local water bodies. When left uncontrolled, this water pollution can result in the destruction of fish, wildlife, and aquatic life habitats; a loss in aesthetic value; and threats to public health due to contaminated food, drinking water supplies, and recreational waterways.
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Mandated by Congress under the Clean Water Act, the NPDES Storm Water Program is a comprehensive two-phased national program for addressing the non-agricultural sources of storm water discharges which adversely affect the quality of our nationÆs waters. The Program uses the National Pollutant Discharge Elimination System (NPDES) permitting mechanism to require the implementation of controls designed to prevent harmful pollutants from being washed by storm water runoff into local water bodies.
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EPA Reduces IUR Reporting for Aluminum Alkyl Chemicals
á EPA has 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 CFR 710.46(b)(2)(iv) must continue to report manufacturing information.
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The direct final rule is effective on February 14, 2006 without further notice, unless EPA receives adverse comment by January 17, 2006. If, however, EPA receives adverse comment, EPA will publish a Federal Register document to withdraw the direct final rule before the effective date.
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EPA Announces New Rules that Will Further Improve and Protect Drinking Water
EPA finalized two related drinking water protection rules -- one that reduces the risk of disease-causing microorganisms from entering water supplies and the other that requires water systems to limit the amount of potentially harmful "disinfection byproducts" (DBPs) that end up in our drinking water. Signed as EPA enters the 31st anniversary year for the Safe Drinking Water Act, the rules were proposed in August 2003, and were developed from consensus recommendations from a federal advisory committee comprised of state and local governments, tribes, environmental, public health and water industry groups.á "Clean drinking water is a key ingredient to keeping people healthy and our economy strong," said EPA Administrator Stephen L. Johnson.á "Over the past seven years EPA has worked collaboratively with stakeholders to develop regulations that will provide a balance between the need to disinfect drinking water and protect citizens from potentially harmful contaminants."á The rules are important public health measures that will decrease the incidence of gastrointestinal illnesses caused by microbial contaminants and reduce potential cancer risks associated with disinfectant byproducts in drinking water.á Finalizing the two rules represents the last phase of a congressionally required rulemaking strategy under the 1996 Amendments to the Safe Drinking Water Act.á
áá ááááááááá Long Term 2 Enhanced Surface Water Treatment Rule (LT2) The "Long Term 2 Enhanced Surface Water Treatment Rule" (LT2), increases monitoring and treatment requirements for water systems that are prone to outbreaks of Cryptosporidium, a waterborne pathogen.á Consuming water with Cryptosporidium causes gastrointestinal illness which can be severe in people with weakened immune systems, such as infants or the elderly and could be fatal in people with severely compromised immune systems, such as cancer and AIDS patients.á LT2 will improve public health by reducing illness due to Cryptosporidium and other harmful microorganisms in drinking water. The rule requires that public water systems that are supplied by surface water sources monitor for Cryptosporidium.á Those water systems that measure higher levels of Cryptosporidium or do not filter their water must provide additional protection by using options from a "microbial toolbox" of treatment and management processes, such as ultraviolet disinfection, and watershed control programs. The rule also addresses risks of contamination in systems that store treated drinking water in open reservoirs, where water quality can be compromised by exposure to outdoor elements.á The rule requires open reservoirs to either be covered or receive added treatment.á Stage 2 Disinfection Byproducts Rule (Stage 2 DBP) á The "Stage 2 Disinfection Byproducts Rule" (Stage 2 DBP), was developed to balance the benefits and risks posed by drinking water disinfection.á While disinfection is commonly known as one of the major public health advances of the 20th century, it also creates harmful byproducts that are formed when disinfectants, such as chlorine, combine with naturally occurring materials in water.
ááááááá ááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááááá The final rule targets water systems that have the greatest risk of high DBPs by using more stringent methods for determining compliance.á Under the rule, water systems are required to find monitoring sites where higher levels of DBPs are likely to occur and use these new locations for compliance monitoring.á If DBPs are found to exceed drinking water standards at any of these new monitoring locations, water systems must begin to take corrective action. The final rules will be published in the Federal Register in January.á
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Stay Warm, Save Money, Reduce Pollution
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- There are a lot of ways to stay warm, save energy, lower costs and reduce pollution this winter, according to the EPA. Replacing old cooling and heating equipment with more efficient, ENERGY STAR qualified systems can save the average homeowners up to 20% on annual energy bills. The average family spends more than $1,500 dollars a year on energy bills, half of which goes for heating and cooling. Other ways to save include: maintaining your existing equipment; using a programmable thermostat; finding and sealing air leaks, and tightening up your ducts. An ENERGY STAR programmable thermostat allows you to automatically adjust the temperature of your home to save money and increase comfort levels when you are home, sleeping or away. A programmable thermostat with four settings can save you about $100 a year in energy costs. If you are not ready to replace your cooling and heating systems, remember that you can still save money and energy by properly maintaining your existing equipment. Have a professional licensed heating contractor clean and check your system. A checkup should include:
- áááááááá Tighten all electrical connections and measure voltage and current on motors. Faulty electrical connections can cause unsafe operation of your system and reduce the life of major components.
- áááááááá Lubricate all moving parts. Parts that lack lubrication cause friction in motors and increases the amount of electricity you use.
- áááááááá Check and inspect the condensate drain in your central air conditioner, furnace and/or heat pump (when in cooling mode). A plugged drain can cause water damage in the house and affect indoor humidity levels.
- áááááááá Check controls of the system to ensure proper and safe operation. Check the starting cycle of the equipment to assure the system starts, operates, and shuts off properly.
You donÆt have to be a professional to help. Change your heater filters every month. Dirty filters make your system work harder and use more energy. If you have hot water heat, ôbleedö radiators of trapped air. Less air means warmer rooms and saves energy. Air leaks in your home and a poorly insulated attic can lead to chilly rooms and higher energy costs. By properly sealing leaks and adding insulation your home can be more comfortable and cost you less. Saving energy helps protect the environment. If just one in 10 homes switched to ENERGY STAR heating and cooling products, the change would keep over 17 billion pounds of pollution out of the air.
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Denton Receives Regional Award for Environmental Performance
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EPA presented the town of Denton, Md. with a regional award for excellence in operation and maintenance of its wastewater treatment facility. The award honors the staff involved in the day-to-day operations of the facility, and recognizes local officials for their commitment to maintain and protect their communityÆs environment. The authority is receiving the award in the ôsmall-advancedö category, which consists of facilities that treat less than one million gallons of sewage per day. ôMany significant improvements in our nationÆs water quality can be attributed to better wastewater treatment. This award recognizes the outstanding job that people in Denton are doing in that regard to protect the environment,ö said Donald S. Welsh, regional administrator for EPAÆs mid-Atlantic region. EPA reviews data and inspects the facilities to determine the winners of this award. Award recipients are selected for their performance in complying with wastewater discharge permits, maintenance management, laboratory practices, personnel training, and public awareness needs. Welsh said the management and staff of the Denton wastewater treatment plant are to be congratulated for their professionalism and determination. He said itÆs evident that the staff involved in the day-to-day operations of the facility are highly trained and devoted to the environment.
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New Water Conservation Organization to be Headquartered in Chicago
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The organization, the Alliance for Water Efficiency, will be a clearinghouse and advocate for water efficiency research, evaluation and education. "Wise water use means more than just turning off a dripping faucet. Water efficiency is a smart, cost-effective solution to the quality and supply challenges facing one of our nation's most precious natural resources," said Administrator Johnson. "Together with partners like the Alliance for Water Efficiency, EPA is promoting the ethic of conserving our water resources - ensuring the availability of clean water for future generations of Americans." "We are delighted we could work with stakeholders nationwide to develop the goals and programs for a new national organization focused on water efficiency," said Executive Director Dickinson. "There is extraordinary interest from a wide variety of groups including water suppliers, government officials, environmentalists, plumbing and appliance manufacturers, irrigation professionals, and building developers to pull together a program of water efficiency options that will benefit the nation as a whole." "This timely effort complements the leadership of Great Lakes governors as they advance water conservation and efficiency in the Annex 2001 Agreements later this week," said Benjamin H. Grumbles, EPA Assistant Administrator for Water. Efficient use of water has numerous environmental and economic benefits including:
- áááááááá conserving and protecting water supplies
- áááááááá lowering water bills
- áááááááá avoiding the need for the construction of new treatment and distribution facilities
- áááááááá allowing for new growth using existing water resources
- áááááááá reducing wastewater
- áááááááá maintaining water flow for fish and aquatic creatures
- áááááááá reducing ground-water depletion and contamination
- áááááááá minimizing the effects of drought
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New Jersey Fines Seasonings Maker $705,000 for Water Discharges
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The NJ DEP fined Frutarom USA Inc. $705,000 for ongoing violations of its wastewater discharge permit.á "Frutarom is being held to account for breaking the law and polluting Bellman's Creek," said Commissioner Campbell.á "Frutarom's violations merit steep fines because they were repeated, flagrant, and serious."
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Frutarom USA, Incorporated is an industrial facility that imports, processes and supplies products that include seasonings, fragrances, and natural aroma chemicals.
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From April 2001 through July 2005, DEP cited Frutarom with 39 violations of its wastewater discharge permit including releases of petroleum hydrocarbons, oil and grease, and total suspended solids.á DEP issued several Notices of Violation (NOV) to Frutarom for recurring noncompliance with its Surface Water Quality Permit during the last four years.á However, the company has continued to fail to meet the water discharge permit limitations.
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For over four years, Frutarom has discharged cooling water and stormwater runoff containing pollutants into Bellman's Creek, significantly contributing to impaired water quality and degraded environmental habitat for indigenous aquatic species, such as striped bass and white perch.á As a result, DEP issued Frutarom an Administrative Order and Notice of Civil Administrative Penalty Assessment (AONOCAPA) for $705,000.á This DEP order requires Frutarom to immediately comply with its New Jersey Pollutant Discharge Elimination System (NJPDES) permit limitations under the New Jersey Water Pollution Control Act.á Failure to comply with this administrative order by Frutarom USA, Inc. will be met with further enforcement action by DEP.
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Great Lakes Regional Collaboration Strategy Available
á The administrator also committed to specific actions among federal agencies to accelerate cleanup of contaminated sediment, return another 200,000 acres of wetlands to ecological health in equal partnership with the states, reduce the spread of invasive species and make beaches cleaner. "One year ago, we accepted President Bush's unprecedented charge to devise a strategy for prioritizing future actions to protect the Great Lakes," Administrator Johnson said. "[This] blueprint is the next step in ensuring these majestic lakes remain an international treasure." The Great Lakes Legacy Act of 2002 authorizes $270 million in funding over five years for cleanups of contaminated hot spots at 31 areas of concern in the United States. In 2004, the first year funds were available, Congress appropriated $9.9 million. In 2005, Congress appropriated $22.3 million, and $30 million will be available in 2006. President Bush requested $50 million in 2006. Last week, EPA announced the approval of a $50 million Legacy Act cleanup of the Ashtabula River in Ohio, a tributary to Lake Erie. Cleanups of Black Lagoon, an inlet of the Detroit River in Trenton, Mich., and Newton Creek/Hog Island Inlet in Superior, Wis., were completed last month. Another project is under way at Ruddiman Creek in Muskegon, Mich. More projects will be announced in the coming months. Johnson also announced that EPA will work with Congress to ensure that the interim barrier halting the advance of Asian Carp to the Great Lakes system is made permanent. In addition, EPA will work with Army Corps of Engineers to expedite projects to restore wetlands and aquatic habitat. This effort includes streamlining the wetlands permit process specifically for restoration and water quality projects in the Great Lakes basin. EPA and the states will also take action to restore another 200,000 acres in the basin so they can perform their indispensable, natural functions. Healthy wetlands support biological diversity, help maintain valuable economic resources like fisheries, provide flood control and filter pollution. The agency will also supplement and bolster beach monitoring and notification programs in lakeside communities. EPA proposes a three-year, three-step effort to perform watershed-based sanitary surveys in Great Lakes recreational waters to help identify sources of pollution. Surveys will be done in 2006 and the first pilot projects should begin in the Great Lakes basin in 2007. President George W. Bush's Executive Order 12240 (May 18, 2004) recognized the national significance of the Great Lakes, established a federal task force and supported the creation of a Great Lakes Regional Collaboration. Over the past year, more than 1,500 people from throughout the Great Lakes basin participated on eight strategy teams to develop the recommendations that form the basis of the strategy. Summit I was held in December 2004 in Chicago with conveners representing the federal government and Great Lakes states, cities, tribes and public interest groups as well as the region's congressional delegation.
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Foundry Settles Hazardous Waste Violations
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The Paul W. Zimmerman Foundries Co. has agreed to pay a $30,000 penalty to settle alleged violations of hazardous waste regulations at its brass foundry in Columbia, Pa., the EPA announced. EPA cited the company for violating the Resource Conservation and Recovery Act (RCRA), the federal law governing the treatment, storage, and disposal of hazardous waste. RCRA is designed to protect public health and the environment, and avoid costly cleanups, by requiring the safe, environmentally-sound storage and disposal of hazardous waste. A January 2005 inspection by EPA and the Pennsylvania Department of Environmental Protection revealed several violations of RCRA regulations, including the following: improperly storing over 6,000 kilograms of lead-containing waste in six containers; failing to place required hazardous waste warning labels on these containers; failing to mark the storage period of this material; failing to conduct required weekly inspections of the hazardous waste storage area; failing to conduct required employee training on hazardous waste management; and failing to have an emergency plan to deal with hazardous waste releases. This case is part of EPAÆs foundry enforcement initiative. The settlement penalty reflects the companyÆs cooperation with EPA in the investigation and resolution of the alleged violations. As part of the settlement, the company has neither admitted nor denied liability for the alleged violations, but has agreed to certify its compliance with applicable RCRA requirements.
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Apartment Management Settles Violations of Lead-Paint Notification Rule
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Carydale Apartment Management LLC of Alexandria, Va., which owns and manages several residential properties in Alexandria and Arlington, Va., has settled alleged violations of a federal law requiring disclosure of lead-based paint hazards to residential tenants, EPA announced. In a consent agreement with EPA, Carydale Apartment Management (also known as Carydale Enterprises) has agreed to pay a $41,657 penalty for failing to provide required information about lead-based paint hazards in 19 residential leases in 2000 and 2001. These leases involved Carydale properties on Duke Street, Jon Paul Drive, and Rolling Hills Drive in Alexandria, Va., and North Rolfe Street, and South Courthouse Road in Arlington, Va. The company was cited under the Residential Lead-Based Paint Hazard Reduction Act of 1992. This federal law requires sellers and landlords of residential housing built before 1978 (when the federal government banned the sale of lead-based house paint) to provide home buyers and tenants with warning statements about lead-based paint hazards. The law also requires home sellers and landlords to disclose known lead-based paint hazards to home buyers and tenants (or to disclose their lack of knowledge of such hazards). EPA cited Carydale for failing to provide the required warnings and disclosures about lead-based paints in leases signed from July 2000 through December 2001. EPA discovered these violations in an April 2002 inspection. The settlement reflects CarydaleÆs cooperation with EPA in resolving this matter. The company has certified that it is now in compliance with applicable regulations on lead-based paint hazards. EPA is cooperating with other federal, state, and local agencies to protect tenants and homeowners from the health risks of lead-based paint. High blood levels of lead can cause permanent damage to the nervous system and widespread health problems, such as a reduced intelligence and attention span, hearing loss, stunted growth, reading and learning problems and behavioral difficulties. Young children, in particular, are most vulnerable because their nervous systems are still developing.
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EPA Approves Most of Latest Kansas Water Quality Standards
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EPA has approved nearly all the provisions of the new and revised Kansas water quality standards submitted to EPA by the state. The approved provisions are now effective for implementation purposes under the Clean Water Act.
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EPA would like to commend the Kansas Department of Health and Environment (KDHE) for the fine work the agency has done in preparation of the water quality standards revisions.
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KDHE submitted new and revised Kansas Surface Water Quality Standards to EPA for review and approval, by letter dated May 26, 2005, pursuant to Section 303(c) of the Clean Water Act.
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Under Section 303(c), states are required to review their water quality standards no less frequently than every three years and submit new or revised standards to EPA.á The May 26 submittal included revisions to the Kansas Administrative Regulations (K.A.R.), Title 28, Article 16, and a revised Kansas Surface Water Register dated November 5, 2004.
With this action, EPA is approving the following provisions of the new or revised water quality standards:
- áááááááá The addition of Primary Contact Recreation use designations for 171 water bodies.
- áááááááá The addition of Secondary Contact Recreation use designations for 268 water bodies.
- áááááááá The removal of 17 water bodies from the Kansas Surface Water Register dated November 5, 2004.
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EPA is disapproving the removal of Wakefield Lake from the Kansas Surface Water Register as being inconsistent with the Clean Water Act. KDHE did not provide sufficient information to justify removing the lake from the Register.
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EPA is deferring action on 15 streams for which KDHE originally proposed Secondary Contact Recreation use designations. KDHE will perform another study of those streams in 2006, because the analyses performed to support those designations were inconclusive. After this new study, KDHE will resubmit the information for EPA review.
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ADEQ Director Steve Owens Names Susan Keith Director of Tucson Office
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Arizona Department of Environmental Quality (ADEQ) Director Steve Owens announced that he has appointed Susan Keith as director of ADEQ's Southern Regional Office (SRO) in Tucson.
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"Sue Keith is well known throughout southern Arizona and will do a terrific job of overseeing our Tucson office," Owens said. "Sue will help us continue to ensure that residents of Pima County and Southern Arizona receive the attention and service they deserve from ADEQ."
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Keith has been serving as ADEQ's Community Liaison for southeastern Arizona since September 2000. As Community Liaison, Keith had responsibility for working with elected officials, stakeholders and members of the public in Cochise, Graham, Greenlee and Santa Cruz counties, as well as other areas throughout Southern Arizona. Prior to her work as Community Liaison, she served as director of the Office of Environmental Management for the City of Seattle. Keith received her Masters degree in Hydrology and Water Resources Administration from the University of Arizona in 1981.
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Keith will assume the position as head of ADEQ's Tucson office being left vacant by the recent appointment of current SRO Director Michael Fulton as Deputy Director for ADEQ's Waste Program Division in Phoenix. Keith's appointment is effective in January.
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DEP Fines Penfield Collieries $99,000
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The Pennsylvania DEP fined Penfield Collieries LLC of Kittanning $99,000 for numerous air quality violations at its coal preparation plant in Huston Township, Clearfield County.
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Penfield Collieries stopped operating its coal preparation plant around the end of April 2000. However, the company never developed, nor implemented, a deactivation plan.áá DEP told Penfield that it would need air quality plan approval in order to resume operations in the future. A DEP inspection in May 2004 revealed that the plant was operating without receiving that approval.
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DEP sent Penfield a notice of violation for operating without a permit, but the company continued to operate by processing and shipping coal before the air quality plan approval was issued by DEP in June 2004.
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Another DEP inspection in August 2004 documented six violations of the plan approval by Penfield. A follow-up inspection by DEP in September determined that not all of the violations had been corrected as required.
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ôThis penalty addresses the fact that Penfield resumed operations without DEP approval,ö DEP Regional Director Robert Yowell said. ôThe fine also takes into consideration the economic benefit the company obtained by selling coal during the period it operated without the plan approval, as well as the multiple violations of the plan approval after it was issued.ö
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2004 IEPA Annual Air Quality Report Released
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Illinois Environmental Protection Agency Director Doug Scott announced that Illinois residents are enjoying healthy outdoor air quality 98% of the time.
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The Illinois EPA released its 2004 Annual Air Quality Report showing air quality in Illinois as the best since the IEPA began monitoring for air pollutants.á This 34th Annual Air Quality Report showed outdoor air conditions across the state were good or moderate 98% of the time last year.
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There were no days when air quality in some part of Illinois was deemed Unhealthy (category Red).á There were only seven days when air quality in some part of Illinois was considered Unhealthy for Sensitive Groups (category Orange), compared to 19 days in 2003.á In fact 2004 marks the first year since monitoring began that there were no 8-hour ozone days recorded above the standard.
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Long-term trends continue to show reductions in all air pollutants, including ozone and particulate matter.ááPercentage changes over the ten-year period 1995-2004 are as follows:
Particulate Matteráááááááááááááááááá 10% decrease
Sulfur Dioxideáááááááááááááááááááááááá 31% decrease
Nitrogen Dioxideáááááááááááááááááááá 15% decrease
Carbon Monoxideááááááááááááááááááá 45% decrease
Leadááááááááááááááááááááááááááááááááááááá 31% decrease
Ozoneááááááááááááááááááááááááááááááááááá 9% decrease
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The data in the report also shows that none of the air quality monitors in Illinois in 2004 recorded levels of ozone above the federal one-hour health standard.á
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The improved air quality is being partially attributed to 2004Æs mild summer, during which temperatures stayed below 90 degrees for the most part.á Meteorology also played a significant role in the cleaner air Illinois citizens have been breathing.á
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áôWhile annual trends show the statewide levels well below the federal standards, there are still some areas in Illinois that do not meet these standards.á The Illinois EPA reaffirms its commitment to improve air quality, in those areas that do not meet current standards, throughout the state and in the region,ö said Illinois EPA Director Doug Scott.
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ôWe are committed to providing a clean and healthy environment to Illinois residents, and the 2004 report shows continued progress in cleaning our air,ö added Governor Rod Blagojevich.á
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The 2004 Annual Air Quality Report provides a comprehensive description of air quality in Illinois.á It has been developed to provide information to businesses, organizations and individual citizens.á This document consists of data collected from more than 80 different sites, using more than 200 monitoring instruments.á The IEPA monitors for numerous pollutants, including federal criteria pollutants û ozone, particulate matter, sulfur dioxide, nitrogen dioxide, carbon monoxide and lead.á Additionally, the State monitors for air toxins and other metals in the environment.á
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Illinois credits the improved air quality to a number of regulatory changes that have been enacted in the past decade and the leadership of Governor Blagojevich.á The Illinois EPA has created a variety of proactive voluntary programs, resulting in significant reductions in air pollutants.á Those programs include the Illinois Green Fleets program, the Illinois Clean School Bus Program and the Green Pays on Green Days program, which is co-sponsored by the Illinois EPA and Partners for Clean Air.
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ôThe Illinois EPA takes pride in the achievements the state has made in regards to air quality,ö said Director Scott.ááôWe continue our commitment to work further with individuals, businesses and industry to continue environmental gains in Illinois.ö
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Illinois officials expect to meet the federal one-hour standard for ozone in the Chicago metro area following the 2005 ozone season.á Additionally, work will continue to bring the State in compliance with the federal 8-hour and fine particulate matter standards.
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Illinois EPA Offers Environmentally Holiday Tips
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The holidays are upon us and, with the festivities, often come an increase in the amount of garbage we all produce in our homes.áá It has been estimated that Americans throw away 25% more trash between Thanksgiving and New Year's Day than during any other time of the year. In fact, 38,000 miles of ribbon alone is thrown out each yearùenough to tie a bow around the Earth!áá
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The Illinois EPA would like to help offer some simple ways for you to cut waste and conserve resources during this busy holiday season.áá Many of the ideas can be used year-round!
- áááááááá When you go shopping, bring your own reusable bags from home.á When buying gifts, consolidate your purchases into one bag rather than getting a new bag at each store.
- áááááááá Think durable! Consider how long an item will last before you make a purchase. Often, a cheaper item will wear out long before its more durable equivalent.
- áááááááá Not sure what to get someone? How about a gift certificate to a favorite store or restaurant?á That way, you know the gift will be used.
- áááááááá Consider wrapping gifts in recycled or reused wrapping paper or funny papers. Also remember to save or recycle used wrapping paper.ááá
- áááááááá If you send holiday cards, buy recycled-content cards and envelopes. Or, make your own cards out of last year's cards and the wrapping paper you saved.á
- áááááááá Buy rechargeable batteries to accompany your electronic gifts, and consider giving a battery charger as well.
- áááááááá Take the foam peanut and bubble wrap from your purchases and take them to a mailing or shipping store where they can be reused.á Save boxes and bows for reuse.á
- áááááááá Got a new microwave, toaster, clock radio, toy, or coat? Consider giving away your old appliances, toys, games, or clothing to a local charity or thrift store.á
- áááááááá Give cookies and baked goods in holiday tins that can be reused.
- áááááááá Consider using energy saving, solid-state LED (Light Emitting Diode) holiday lights and strands that use about 99% less energy than larger, traditional incandescent holiday bulbs.á
- áááááááá If you plan on entertaining, have clearly marked recycling containers at your party for guests to recycle their cans and bottles.á Send leftover items home with guests in reusable containers.á
- áááááááá If youÆre shopping by mail order catalog, remember to cancel the ones you donÆt need.á
- áááááááá After the holidays, look for ways to recycle your tree instead of sending it to a landfill.áá Check with your local solid waste department and find out if they collect and mulch trees.
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ADEM Worker Named Southeastern ôBiologist of the Yearö
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The Southeastern Water Pollution BiologistsÆ Association recently honored Lisa Huff of the Alabama Department of Environmental Management as its first ôBiologist of the Year.ö
Huff has worked in ADEMÆs Field Operations Division for 11 years. Her selection was based upon the innovative nature of her work, its level of complexity, its potential for widespread application and her demonstrated individual leadership.
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HuffÆs professional specialty is stream ecology, aquatic entomology and development of biological assessment methods for use in streams and rivers. She has taken a leadership role in developing Periphyton Bioassessment Methods that can be employed throughout the southeastern region. These methods are used to assess impairments to aquatic communities caused by nutrient enrichment.
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HuffÆs leadership role in the development of AlabamaÆs 2005 Monitoring Strategy for Wadeable Rivers and Streams will help refine the departmentÆs water quality assessment methods and the abatement and prevention of pollution throughout the stateÆs 77,000 miles of rivers, lakes, streams and estuaries.
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ôWe congratulate Lisa for being named æBiologist of the Year.Æ She has demonstrated great initiative and motivation,ö said ADEM Director Trey Glenn. ôAs a professional biologist, she has been instrumental in the design and execution of ADEMÆs Water Quality Monitoring Strategy. She is a leader among her peers and is an outstanding biologist as indicated by this recognition and her day-to-day performance on the job.ö
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Tools to Help Small Drinking-Water Utilities Control Arsenic
á The tools will provide owners and operators with information to guide them in making treatment decisions.á
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"This arsenic treatment tool kit provides useful information to increase local options and sustainable solutions," said Assistant Administrator for Water Benjamin H. Grumbles.
á á The website features a database of vendors, a treatment "decision tree," and tips for evaluating and selecting treatment providers.á Other products being released include:
- áááááááá A brochure, Evaluating Arsenic Treatment Providers:á A Guide for Public Water Systems, which includes a checklist of questions that owners and operators of small utilities should ask treatment providers.
- áááááááá A CD-ROM disk, Interactive Workshop on Arsenic Removal from Drinking Water, features commentary from the nation's top experts.á The disk is a companion to 11 arsenic-training events EPA held across the country during 2005.
- áááááááá A DVD collection of videos, the Arsenic Treatment Technology Showcase, which highlights arsenic treatment technologies currently being pilot-tested through EPA's Arsenic Treatment Technology Demonstration Program.
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EPA has also updated its web site to improve navigation and reflect the latest consumer and technical information.á Kits including all of the new arsenic tools will be delivered to EPA's state and technical assistance partners for distribution to public water systems affected by the arsenic regulation.á
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In 2001, EPA revised the regulation for arsenic in drinking water to lower the maximum allowable level from 50 parts per billion to 10 parts per billion.á The new standard becomes effective on Jan. 23, 2006.á The Agency estimates that more than 90% of the systems affected by the revised rule are small, serving populations of 3,300 or fewer.
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EPA Publishes Procedures for Hurricane Vendor Inquiries
The procedures provide a streamlined approach for the many contacts from vendors and service providers offering products and services for EPA's response efforts to Hurricane Katrina.á In such emergency situations as this response, the EPA serves as the lead federal agency working with FEMA and state and local agencies in oil and hazardous materials response. The new procedures provide a unified point of contact for incoming hurricane response vendor inquiries and consolidates existing inquiries.á It also provides other points of contacts for inquiries regarding routine debris management services.á The system conducts a technology assessment and review of vendor capabilities and this information is then shared with regional, state, tribal and other partners for potential follow up.
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Disinfectants Manufacturer Agrees to Pay $8,250 for Pesticide Violations
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A Norwood, Mass. manufacturer has agreed to pay an $8,250 penalty to settle EPA claims that it sold improperly labeled pesticides in violation of federal law.
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In the recent settlement, Analab, Inc. of Norwood, which produces and sells disinfectants primarily for hospital use, did not admit wrong-doing. In a complaint filed in September, EPAÆs New England office alleged that Analab offered for sale and distribution two products - Penta Pine Disinfectant and Citron Lemon-Scented Detergent Disinfectant - with container labels that misrepresented their effectiveness
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In particular, EPA claimed that each disinfectant was sold at least once with EPA-approved labels indicating they were effective against bacteria known as pseudomonas aeruginosa. This microorganism is often found in hospitals and can cause infections acquired in medical settings.
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The penalty stems from an inspection done in April 2003 by EPA inspectors who collected three samples of Penta Pine Disinfectant and one sample of Citron Lemon-Scented Detergent Disinfectant from a wholesaler/distributor of Analab disinfectants. One sample of Penta Pine and the one sample of Citron Lemon were found by EPA to be ineffective against the bacteria at the concentrations on the product label.
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These products are regulated as pesticides under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) because they claim to prevent or destroy pests, which include bacteria, viruses, and other infectious pathogens. Under EPA's regulatory oversight of pesticides, products are carefully evaluated to ensure that when they are used according to labeled directions, people's health and the environment will not be harmed. EPA's work also seeks to ensure that antibacterial products work effectively.
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Analab recalled the products as soon as they were notified by EPA that they were ineffective when used as directed.
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Pennsylvania Orders Hercules to Clean PICCO Site
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The Pennsylvania DEP ordered Hercules Inc. to determine the full extent of contamination at the former Pennsylvania Industrial Chemical Co. (PICCO) site and clean up the property in Clairton, Allegheny County.
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Soil and groundwater on the land, which Hercules purchased in the 1970s, are contaminated with chemicals such as benzene, toluene and xylene.
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ôThe contamination on this site has the potential to leak hazardous materials into Peters Creek, a tributary of the Monongahela River and a major water supply source in southwestern Pennsylvania,ö Bowman said. ôHercules needs to clean up this site to protect public health and safety, and eliminate any hazards so this land can be returned to productive use.ö
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The site was first used in 1912 for PICCOÆs manufacture of synthetic hydrocarbon resins and crude tar products. After purchasing the facility in the 1970s, Hercules operated it until 1982. Hercules demolished the facilityÆs buildings between July 1991 and November 1992.
In the 1980s, Hercules did an assessment of contamination and attributed the problem to spills of organic compounds during years of operation. However, no cleanup of the contamination was ever conducted.
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Against DEP regulations, Hercules disposed contaminated soil from its Jefferson Plant on the Clairton property in 1995. Polluted with various petroleum chemicals, the soil is considered a residual waste and must be removed.
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To comply with DEPÆs order to clean the site, Hercules must submit a notice of intent to remediate, as well as a remedial investigation report detailing the extent and location of contamination. DEP must approve the remedial investigation report.
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Hercules also must complete a risk assessment and, ultimately, a plan that includes a schedule of implementation for the cleanup to begin 30 days after DEPÆs approval. During the cleanup, Hercules must submit quarterly progress reports.
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Hercules has appealed the order to the Environmental Hearing Board. However, the company still must comply with the DEP order unless it receives a supersedeas from the board, meaning the cleanup actions do not need to move forward until a court decision is rendered
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Chevron Refuses Washington's Request for Oil-Spill Drill
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Chevron Shipping Company, which carries millions of gallons of petroleum products across Washington waters, has become the first-ever oil-shipping company to refuse a request by the Washington Department of Ecology (Ecology) to participate in an oil-spill drill.
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Chevron and all oil handlers operating in Washington waters have mandatory oil-spill "contingency" plans that spell out how they will respond to oil spills. Ecology approves the plans and tests plan-holders periodically through announced and unannounced spill drills. The state's spill drills test how well oil handlers implement their plans.
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On Dec. 8, Ecology asked Chevron to deploy resources in an oil-spill drill on the Columbia River. When Chevron refused, a practice scenario in which a Chevron tanker carrying millions of gallons of diesel was to have run aground west of Astoria, Oregon, never played out. Anytime oil is spilled into the Columbia River, Washington has an interest because oil can move quickly toward Washington waters and shorelines. This spill scenario was selected to test Chevron's ability to respond to an oil spill in the often treacherous waters at the mouth of the Columbia.
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"Chevron transports millions of gallons of oil over Washington's waters each year and oil-spill drills are critical tools to test readiness to respond to a spill. An immediate response is absolutely necessary to minimize environmental damage once oil hits the water," said Jay Manning, director of the Department of Ecology. "Chevron's refusal breaks the previously unbroken line of willing participation in spill drills in Washington. I am extremely concerned."
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Dale Jensen, manager of Ecology's spills program said Ecology has ordered Chevron to update its spill-contingency plan. Also, he said Ecology will test Chevron once again sometime during the next 30 days.
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Other oil-handlers in Washington that have passed unannounced spill drills in 2005 include: B-P Cherry Point Refinery in Ferndale, Shore Terminal in Tacoma, Tesoro Terminal in Port Angeles, ConocoPhillips-Yellowstone Pipeline in Spokane and Tesoro terminal in Anacortes. The drills tested the facilities' ability to quickly notify authorities and