The owner of W and E International Trading Company, and SM Metals have been ordered to properly dispose of computer waste they exported to Hong Kong earlier this year.
In April 2009, the companies allegedly prepared for shipment and sent to Hong Kong a container holding over 500 used color computer monitors of assorted makes and models. The Hong Kong Environmental Protection Department notified EPA of the hazardous waste and returned it to the Port of Tacoma in May.
“Electronic waste can pose a serious health hazard if not properly managed,” said Ed Kowalski, Director of the Office of Compliance and Enforcement in EPA’s Seattle office. “The illegal export of e-waste to other countries is a big problem—our goal is to ensure recycling of e-waste is done in a safe and environmentally sound manner.”
Computer monitors contain cathode ray tubes (CRTs), which are the video display components of televisions and computer monitors. The glass in CRTs typically contains enough toxic lead to require managing it as hazardous waste under certain circumstances. Color computer monitors contain an average of four pounds of lead. CRTs may also contain mercury, cadmium, and arsenic.
The companies’ violations include improperly packing, labeling, and marking dangerous waste and failing to notify EPA of the intent to export it.
W and E International Trading Company, based in Texas, and SM Metals, based in Lakewood, Washington, have been ordered to submit a detailed inventory of the items and to develop a plan for management and disposal of the electronic waste.
The EPA order will automatically become final unless any of the parties requests a hearing on the matter within thirty days.
DOT Publishes Hazardous Materials Training Guidance
The Department of Transportation requires training for all employees that can have an impact on the safe transportation of hazardous materials. The guidance identifies the five topics that must be included, the need for a training assessment, benefits of commercial versus in-house training, and includes helpful checklists.
EPA Plans to Reverse Administrative Stay of Hydrogen Sulfide’s TRI Listing
In response to a petition from the Natural Resources Defense Council and the Governor of New York, hydrogen sulfide, along with 20 other chemicals and two chemical categories, was added to the Emergency Planning and Community Right-to-Know Act (EPCRA) section 313 list of toxic chemicals as part of a 1993 final rule (December 1, 1993, 58 FR 63500). Hydrogen sulfide was listed under the criteria of EPCRA section 313(d)(2)(B) based on chronic neurotoxic effects in humans and under EPCRA section 313(d)(2)(C) based on acute aquatic toxicity. However, on August 22, 1994 (59 FR 43048), EPA issued an Administrative Stay of the EPCRA section 313 reporting requirements for hydrogen sulfide.
Some members of the regulated community expressed concern that the specific basis for listing hydrogen sulfide under EPCRA section 313(d)(2)(B) changed between the proposed rule (September 8, 1992, 57 FR 41020) and the final rule (December 1, 1993, 58 FR 63500) and that they did not have an opportunity to comment on the final basis for the addition under EPCRA section 313(d)(2)(B). Although the statutory basis for the determination did not change, the Agency did cite chronic neurotoxic effects in the final rule and chronic respiratory effects in the proposed rule as the specific effects of concern. In addition, charges were made that EPA’s decision not to include evidence of exposure in deciding to list hydrogen sulfide on the basis of chronic human health effects was inconsistent with past Agency practice.
EPA did not agree that it had been inconsistent in its use of exposure analysis in EPCRA section 313 listings, but felt that the public deserved an opportunity to be presented with further clarification of the Agency’s position on this issue. Therefore, the Agency decided to issue an administrative stay of the reporting requirements for hydrogen sulfide in order to allow for additional time to review these issues. EPA stated that a subsequent Federal Register notice would provide a mechanism for the public to comment on the specific basis for listing hydrogen sulfide as well as providing a more complete discussion of use of exposure analysis in EPCRA section 313 listing decisions. This action is the subsequent Federal Register notice. EPA will take comments on its latest hazard assessment for hydrogen sulfide and EPA’s intent to dissolve the administrative stay.
EPA To Extend Administrative Stay of PM2.5 NSR Grandfathering Provisions
EPA is proposing to extend the existing administrative stay of the grandfathering provision for PM2.5 contained in the federal Prevention of Significant Deterioration (PSD) program. The federal PSD program at 40 CFR 52.21 was amended to add the grandfathering provision as part of the May 16, 2008 final rule entitled, “Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5).”
The existing administrative stay was made in response to a February 10, 2009 petition for reconsideration and request for administrative stay by the Natural Resources Defense Council (NRDC) and Sierra Club. In a letter dated April 24, 2009, the Agency responded to the petitioners agreeing to reconsider four specific provisions of the May 2009 final rule and to propose repealing the grandfathering provision for PM2.5 that is currently under a three month administrative stay. The extension of the administrative stay that EPA is proposing will provide the Agency with sufficient time to subsequently propose, take public comment on, and take final action on a repeal of the grandfathering provision for PM2.5 in the federal PSD program as agreed to in the April 24 letter.
At Half-Way Point, 2009 is the Fifth Warmest Year on Record
The first half of 2009 is tied with 2004 as the fifth warmest half-year on record for the world as a whole, according to the National Oceanic and Atmospheric Administration (NOAA). Combined land and ocean surface temperatures for January through June were 0.55?C above the 20th century average, falling just 0.09?C below the record temperature recorded in 1998, when global temperatures were elevated by an El Ni?o event. But the outlook for the rest of the year is for more elevated global temperatures, as a new El Ni?o event began in June. The effects of that event are already evident, as global ocean surface temperatures in June set a new record, at 0.59?C above the 20th century average. Overall, June 2009 ranked as the second-warmest June on record and the warmest ever in the Southern Hemisphere. But the United States was spared the heat, as the U.S. temperatures were only slightly above the 20th century average.
EPA to Propose NESHAP for Brick and Structural Clay and Clay Ceramics Industry
EPA plans to establish emission limits for hazardous air pollutants (HF, HCl, and metals) emitted from brick and clay ceramics kilns and glazing operations at clay ceramics production facilities.
The brick and structural clay products industry primarily includes facilities that manufacture brick, clay, pipe, roof tile, extruded floor and wall tile, and other extruded dimensional clay products from clay, shale, or a combination of the two. The manufacturing of brick and structural clay products involves mining, raw material processing (crushing, grinding, and screening), mixing, forming, cutting or shaping, drying, and firing. Ceramics are defined as a class of inorganic, nonmetallic solids that are subject to high temperature in manufacture and/or use. The clay ceramics manufacturing source category includes facilities that manufacture traditional ceramics, which include ceramic tile, dinnerware, sanitaryware, pottery, and porcelain. The primary raw material used in the manufacture of these traditional ceramics is clay. The manufacturing of clay ceramics involves raw material processing (crushing, grinding, and screening), mixing, forming, shaping, drying, glazing, and firing.
Atlantic Wire VP Pleads Guilty for Failing to Report Water Discharges
Nora R. Dannehy, Acting United States Attorney for the District of Connecticut, announced that Robert Meyer, pleaded guilty before United States District Judge Christopher F. Droney in Hartford to two counts of violating the federal Clean Water Act while employed at the now-defunct Atlantic Wire Co., LLC, of Branford.
Atlantic Wire Co., LLC was involved in the cleaning and manufacturing of wire. Meyer was hired by Atlantic Wire as its Vice President for Finance in May 2005.
In the course of the manufacturing process, Atlantic Wire used sulfuric and hydrochloric acid as part of the stripping process and highly alkaline materials as part of its coating process. These manufacturing activities generated highly acidic and/or caustic wastewaters that contained iron, zinc, copper, and suspended solids. EPA lists copper and zinc as toxic pollutants. Atlantic Wire’s wastewater was collected and treated on-site in the facility’s wastewater treatment system before being discharged into the Branford River.
Under the Clean Water Act, Atlantic Wire was prohibited from discharging pollutants to the Branford River except in compliance with the conditions and limitations of a National Pollutant Discharge Elimination System (NPDES) permit issued by the Connecticut Department of Environmental Protection (CT DEP) under delegation from the EPA. Atlantic Wire’s NPDES permit established both general and specific conditions and limitations. The general conditions of the permit required Atlantic Wire to operate and maintain properly all facilities and systems for wastewater collection, storage, treatment and control that were installed or used to achieve compliance with the permit.
Shortly after being hired by Atlantic Wire, in approximately July 2005, Meyer was asked to assume additional responsibilities for supervising environmental compliance and for human resources. Meyer’s new duties included responsibility for supervising the environmental manager and issues related to the wastewater treatment system. Meyer had no training or background that qualified him for this new assignment. Meyer’s new responsibilities also made him the principal and designated point of contact with Connecticut DEP, and he was responsible for reporting wastewater violations to the Connecticut DEP by phone or in writing, and, on a monthly basis, certifying the completeness and accuracy of monthly Discharge Monitoring Reports (DMRs) and affirming the dependability of the system in place to collect reported data. Meyer signed the correspondence to the CT DEP, and participated in on-site visits with the CT DEP.
Sometime after July 2005, Meyer became aware that Atlantic Wire’s wastewater treatment system was not meeting permit limits. Throughout this time period, Atlantic Wire’s environmental manager, who reported to Meyer, notified Meyer of wastewater treatment problems and instances of permit noncompliance. When prompted by the environmental manager to report specific violations to CT DEP, Meyer did so. There were instances these reports were made outside the time parameters expressly required by the permit.
In response to recurring problems with the waste treatment system, CT DEP conducted a water compliance inspection in January 2007 and found, among other things, that Atlantic Wire had violated its permit in nine of the preceding 12 months and had failed to properly report some of those violations.
On May 21, 2007, the environmental manager prepared a memorandum for Meyer and left it on his desk, informing Meyer of violations of permit limits for pH that occurred on approximately May 16, 2007, that extremely acidic wastewater had been discharged into the Branford River, and that it appeared that Atlantic Wire employees had failed to monitor water pH for a several day period. Meyer did not discuss the memorandum with the environmental manager or with other supervisors or employees at Atlantic Wire. Further, he did not specifically contact an outside environmental consultant in response to the referenced memorandum, nor did he notify the CT DEP of the violations. His failure to notify CT DEP orally within two hours or in writing within five days of his becoming aware of the violations was a negligent violation of the discharge permit’s reporting requirements.
In May 2007, after the environmental manager announced his retirement, the Company assigned the responsibilities of the environmental manager to a current employee, a recent college graduate, who was already fully employed as the product metallurgist at the plant and, who, by his own admission, had no idea how to deal with environmental operations or the relevant reporting requirements.
Atlantic Wire’s wastewater treatment system depended on several critical components to work properly, a functioning lamella clarifier and available holding space in the 80,000-gallon sludge holding tank. The purpose of the lamella clarifier was to remove metals and other pollutants from the wastewater by allowing the water during the treatment process to run through a series of baffles, which would slow the water and give solids time to settle out, sinking to a sedimentary layer at the bottom of the clarifier, where they could be removed as sludge. The “clarified” wastewater would then flow over the top of the clarifier and discharge to the Branford River without further treatment.
During the Summer 2007, Meyer and other management learned that the holding tank was in danger of bypassing on occasion, and the cleaning houses would be shut down when this happened. The cleaning houses were being shut down twice a day, every other day, or a total of three to four times a week. Meyer acknowledges that, during this time period, he did not confirm whether there had been any discharges as a result of the shutdowns and whether they were being properly reported to him and he did not take measures to ensure that he was being provided with accurate data for reporting.
On September 4, 2007, an acid pipe ruptured at the facility and the pH of the discharge dropped to 1.4 standard units―far below the permit minimum of 6.0 units. The wastewater remained below the permit limit for at least two hours and 55 minutes, during which time the company discharged approximately 6,400 gallons of wastewater into the Branford River. The Connecticut DEP was not notified of the discharge and did not learn of the incident until a local fisherman reported the death of hundreds of blue crabs in the vicinity of Atlantic Wire’s discharge pipe. As the company official responsible for making all notifications required by the permit, Meyer again was negligent in failing to ensure that this incident was reported in a timely manner.
“Manufacturing businesses, no matter how financially stressed, must never cut corners when it comes to environmental compliance,” stated Acting U.S. Attorney Dannehy. “The U.S. Attorney’s Office, EPA and our state partners are committed to investigating and prosecuting businesses and employees whose negligence results in the pollution of our water, air and land, and who fail to report violations in a timely and complete manner to the appropriate environmental authorities. I particularly want to thank the work of the Connecticut Attorney General’s Office for their diligent efforts and assistance in the investigation and prosecution of this matter.”
Judge Droney has scheduled sentencing for October 9, 2009, at which time Meyer faces a maximum term of imprisonment of one year, on each count.
On December 30, 2008, Atlantic Wire Co. LLC pleaded guilty to two counts of violating the federal Clean Water Act and one count of submitting false statements to the Connecticut Department of Environmental Protection.
Atlantic Wire is now defunct with no remaining employees or assets. On February 18, 2009, the United States Bankruptcy Court approved Atlantic Wire’s plan of liquidation. As part Atlantic Wire’s bankruptcy plan and order, the corporate owner of Atlantic Wire agreed to address any above-ground environmental remediation required by the shutting down of operations. Under the supervision of the CT DEP, the waste treatment system, piping and tanks were dismantled and removed; the contents of the cleaning houses were dismantled and properly disposed, and all tanks and equipment associated with those processes were completely removed; all chemicals, tanks, drums, containers, and wastes were removed from the site and appropriately disposed; and the areas surrounding the cleaning houses, wastewater treatment system, and storage tanks were cleaned of contaminants to the “hard surfaces.” All surface structures, tanks, wastes, materials and chemicals that, if left unattended, could have caused a release or discharge to the river, have been removed. Discharge points or other conduits to the river were eliminated, and stormwater was redirected in a manner so that no release to the Branford River could occur. The total cost of this environmental remediation project was approximately $740,000.
Lowe’s Home Centers Fined for Hazardous Waste Management Violations
Lowe’s Home Centers will pay a $10,150 civil penalty to Ohio EPA for hazardous waste management violations at the company’s Findlay distribution center. The violations have been corrected.
Ohio EPA performed two inspections of the facility in 2008 and found the company had stored hazardous wastes beyond 180 days without a permit and failed to have required emergency information posted by the telephone.
The company is considered a small quantity generator of hazardous waste. Wastes include flammable and corrosive liquids, toxic organic liquids and other toxic liquids in addition to waste such as fluorescent bulbs. No releases of hazardous wastes occurred.
Lowe’s will pay $8,120 to Ohio EPA’s hazardous waste cleanup fund. The remaining $2,030 will be paid to Ohio EPA’s Clean Diesel School Bus Fund.
New Eco-Efficiency Protocol Developed by NSF International
NSF International announced a new eco-efficiency protocol, NSF Protocol 352 (NSF P352), for the validation and verification of eco-efficiency analyses. BASF, the world’s leading chemical company, is the first to have its Eco-Efficiency Analysis (EEA) methodology used to evaluate the economic and environmental impact of products or processes validated by NSF, an independent, not-for-profit organization committed to improving and protecting public health and the environment.
NSF P352 establishes requirements for the content of an eco-efficiency analysis to ensure consistency, objectivity and transparency in all eco-efficiency analyses, which is necessary given the influx of greenwashing. In BASF’s case, it also provides a means for verification of BASF’s individual EEA study results adhering to the eco-efficiency methodology.
“BASF saw the need to raise the bar for eco-efficiency analysis and looked to NSF and others to help establish the new protocol. We are glad that NSF P352 is now available for widespread adoption and will help eliminate greenwashing, the act of making a misleading claim regarding the environmental benefits of a product or service,” said Edward Madzy, BASF’s Director of Product Stewardship and Regulations. “At BASF, we embrace sustainability, and the achievement of being the first company to have an eco-efficiency analysis validated by NSF International demonstrates our leadership in sustainable development practices.”
NSF P352 was developed, reviewed and approved by a diverse group of stakeholders from academia, industry and consumer product companies to fulfill the need for an objective and universal method for companies to analyze the sustainability of their products and services. BASF’s product stewardship team initiated the development of NSF P352, working in cooperation with NSF International and these other independent organizations, by which BASF’s EEA methodology was validated.
BASF’s EEA of one of its Joncryl® products, a water-based resin for the printing and packaging industry, is the first study to undergo verification by NSF International for eco-efficiency analysis. For successfully completing these verification processes on both the eco-efficiency tool and for the data relating to the eco-efficiency of its Joncryl product, BASF can use the NSF Mark in literature and marketing materials highlighting the EEA tool and Joncryl. . The verifications are valid for three years, after which time the EEA will be re-evaluated and updated.
BASF’s EEA tool quantifies the sustainability of products or processes throughout the entire life cycle, beginning with the extraction of raw materials through the end of life disposal or recycling of the product. It compares two or more products analyzed from the end-use perspective to obtain comprehensive data on the total cost of ownership and the impact on the environment. The analysis can be applied to all market segments ranging from printing and packaging to automotive. To date, more than 400 studies have been launched or completed internally, as well as with customers, suppliers and governments, both in North America and Europe.
“NSF shares BASF’s commitment to the environment, and we applaud their leadership in helping to develop an intelligent methodology, which provides solutions that improve the environment and the economy,” said Bob Ferguson, NSF Vice President.
NSF provides protocol development for new or innovative products that are not covered by current standards. This protocol was reviewed and approved by a consortium of leading industry and sustainability experts. It provides a means to validate an eco-efficiency methodology and a means to verify specific study results using a validated eco-efficiency analysis methodology. Eco-efficiency analyses rely upon the concepts outlined in the Life Cycle Assessment standards, developed by the International Organization for Standardization (ISO 14040 through 14043). Eco-efficiency analyses evaluate both environmental and economic issues.
$1,875,000 Superfund Settlement
The settlement includes a collective payment of $1,875.000. The Consent Decree in this case was lodged with the U.S. District Court for the Eastern District of Wisconsin.
In this action, the United States and the State of Wisconsin sought to recover unreimbursed costs incurred for response activities undertaken in response to the release and threatened release of hazardous substances from facilities at and near the Lower Fox River and Green Bay Site in northeastern Wisconsin and damages for injury to, loss of, or destruction of natural resources in order to compensate for and restore natural resources injured by the release of hazardous substances into the environment at the Site.
The eleven settling defendants are: George A. Whiting Paper Co.; Green Bay Metropolitan Sewerage District; Green Bay Packaging, Inc.; Heart of the Valley Metropolitan Sewerage District; International Paper Co.; Lafarge North America Inc.; Leicht Transfer & Storage Co.; Neenah Foundry Co.; The Procter & Gamble Paper Products Co., Union Pacific Railroad Co.; and Wisconsin Public Service Corp.
The Consent Decree reflects the conclusion of the United States and the State of Wisconsin that each of the Settling Defendants qualifies for treatment as a CERCLA Section 122(g) de minimis party.
The Department of Justice will receive comments relating to the Consent Decree for a period of thirty (30) days. See the Federal Register for specific information for submitting comments.
Colorado Interstate Gas to Pay More Than $1 Million for Air Permit Violations
Colorado Interstate Gas Company (CIG), the operator of the Natural Buttes Compressor Station located on the Uintah and Ouray Indian Reservation near Vernal, Utah, has agreed to pay more than $1 million and install environmental controls at its facility as part of a consent decree that resolves violations of the Clean Air Act.
Under the terms of the decree, CIG will pay a civil penalty and back fees totaling $1,020,000 and will fund for one year the operation of two ambient air monitoring stations on the Uintah and Ouray Reservations.
According to a complaint filed along with the consent decree, CIG installed engines at its Natural Buttes Compressor Station but failed to obtain a permit and control and test emissions sources at its facility on the reservation. The violations of the Clean Air Act were discovered through EPA inspections and EPA-required emission testing at the facility.
“Protecting the environment on Indian lands is an important priority for the Justice Department,” said John C. Cruden, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “This is the fourth Clean Air Act case this year alone, brought by the Department against companies operating natural gas production facilities on the Uintah and Ouray Indian Reservation.”
“This settlement will formalize Colorado Interstate Gas Company’s commitment to reduce emissions and support air monitoring on the Uintah and Ouray Indian Reservation,” said Eddie A. Sierra, Acting Assistant Regional Administrator for EPA Region 8.
The settlement will result in operational improvements that are expected to reduce emissions of hazardous air pollutants by more than 48,000 pounds per year and nitrogen oxides by 313,000 pounds per year. In addition, the settlement will help ensure that the tribal airshed, a part of the atmosphere that behaves in a coherent way with respect to the dispersion of emissions, is being properly protected.
The consent decree is subject to a 30-day public comment period and approval by the federal court.
American Laboratories Fined $440,000 for Clean Air Act Violations at Pharmaceutical Manufacturing Plant
According to the Consent Decree, American Laboratories was charged with violation of Clean Air Act prevention of significant deterioration, pharmaceutical MACT standard, and operating permit requirements.
American Laboratories agreed to pay a total of $440,000 in civil penalty for alleged violations of the Clean Air Act, and recover and reuse at 93% of total isopropyl alcohol and implement best available control technology at its pharmaceutical manufacturing plant in Omaha, Nebraska.
Erving Paper Company Fined $6,000 for Hazardous Waste and Industrial Wastewater Violations
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $6,000 penalty to Erving Paper Mills, Inc. for violating state regulations governing hazardous waste and industrial wastewater.
The violations were discovered during a MassDEP inspection of the company's Erving facility in August 2008. The inspection revealed that the company had transported waste oil contaminated debris without having a hazardous waste transporter license, and did not have a MassDEP permit to discharge industrial wastewater to the wastewater treatment plant. The company also had hazardous waste management violations that entailed failing to properly label containers of waste oil and regulated recyclable material and failing to keep containers of waste oil closed.
MassDEP issued a consent order to correct all violations and Erving Paper agreed to pay a penalty of $6,000. Erving Paper has fully cooperated with MassDEP and has been working to address the outstanding compliance issues.
"Facilities that discharge industrial wastewater to a sewer system are required to have a MassDEP permit or compliance certification," said Michael Gorski, Director of the MassDEP's Western Regional Office in Springfield. "MassDEP is available to provide assistance to industries regarding requirements for management of wastewater and hazardous waste."
EPA Fines Six Municipalities for Improper Stormwater Management
EPA has filed individual complaints against the municipalities of Cayey, Hatillo, Las Piedras, Loiza, Rio Grande, and Toa Alta in Puerto Rico for failing to comply with federal Clean Water Act requirements related to stormwater management for small municipal sewer systems. The six municipalities face a total amount of $291,177 in fines.
“In order to prevent harmful discharges from their sewer systems, EPA is forcing these six municipalities to comply with federal clean water laws,” said EPA Acting Regional Administrator George Pavlou. “Discharges from small municipal sewer systems can contaminate drinking water and recreational waterways, impairing these valuable resources.”
EPA ordered the municipalities to comply with stormwater requirements for sewer systems earlier this year after they were unable to provide evidence to EPA of compliance following a 2007 request for this information.
The municipalities were fined the following amounts:
- Cayey $48,920
- Hatillo $48,071
- Las Piedras $47,738
- Lo?za $47,409
- R?o Grande $49,393
- Toa Alta $49,646
The National Pollutant Discharge Elimination System (NPDES) permit program, established under the federal Clean Water Act, controls water pollution by regulating sources that discharge pollutants to waters in the United States. Municipalities are required to apply for NPDES permit coverage in order to operate the sewer systems. Under this permit, operators are required to develop and implement a stormwater management program to reduce the discharge of pollutants to the maximum extent practicable to protect water quality. A total of 70 municipalities in Puerto Rico are currently subject to these requirements.
Municipal stormwater discharges are of concern because they often contain high concentrations of pollutants like fertilizers, pesticides, oil, litter, and sediments. Stormwater runoff picks up and transports untreated pollutants into waterways. Municipal stormwater discharges can result in the destruction of habitat, fish mortality, and contamination of drinking water supplies and recreational waterways.
Burlington Environmental, Washington’s Largest TSD, Fined $288,000
Washington state’s largest dangerous waste processor will fund two years of audits designed to support major reforms at its Tacoma and Kent facilities under a settlement agreement with the Washington State Department of Ecology (Ecology). Burlington Environmental LLC (Burlington) also will pay $58,000 of a $288,000 penalty for waste-handling violations.
The company will apply the remaining $230,000 towards hiring a third-party firm to conduct audits of Burlington’s facilities every other month for two years. The audit firm will evaluate Burlington’s facilities and practices as well as monitor its progress in correcting 15 past dangerous waste violations. Certain violations, if discovered during the audits, may be subject to stipulated penalties agreed to by Ecology and Burlington.
The selection and work of Burlington’s outside-expert contractor will be subject to Ecology review and approval.
“Thousands of Washington businesses depend on the dangerous-waste treatment industry,” said K Seiler, who manages Ecology’s hazardous waste and toxics reduction program. “Those who provide these environmental services have a duty to meet the highest standards of safety and compliance. We applaud Burlington for taking these steps forward.”
“Burlington looks forward to this partnership with Ecology,” said Gary Crueger, Division Director for Environmental Health and Safety with PSC, which owns Burlington Environmental. “These audit findings will further the company’s initiatives and potentially aid in the future development of waste handling regulations applicable to Burlington and others in Washington. We intend to make full use of the audits to improve the compliance and management in our environmental programs to facilitate our core service to the business community.”
Ecology inspectors observed repeated violations over the past two years involving proper handling, storage, labeling and shipment of dangerous wastes. In some cases, the company had detailed and suitable plans that were neglected or improperly carried out. Burlington serves thousands of businesses throughout Washington and beyond.
Among the issues that will be addressed over the next two years:
- Burlington will take steps to ensure that all wastes are correctly identified upon arrival. This step sets a critical baseline to prevent mistakes in storage and processing and in the selection of a final disposal destination.
- The company will improve its management of containers to ensure:
- Safe, proper separation of incompatible materials.
- Storage of wastes in areas designed for that material’s level of risk.
- Shipment for final disposal within required time limits.
- Burlington will train, educate and better supervise employees to understand and follow company plans and policies for different wastes. \
- Burlington will ensure that each container has a legible label that’s always in full view – with correct information.
- Burlington will ensure that the appropriate tests are run on wastes being mixed together.
- Burlington will train, educate and better supervise employees to understand and follow the facility inspection plans.
In Washington, the term “dangerous waste” refers to federally regulated hazardous waste as well as other wastes subject to the state’s dangerous waste regulations.
$100,000 Penalty for Improper Packaging, Labeling, and Sales of Pesticides
A southwest Missouri pesticide dealer has agreed to pay $100,000 in civil penalties to the United States to settle a series of alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Greenleaf, LLC, of Neosho, Missouri, neither admits nor denies any of the allegations contained in an administrative consent agreement and final order, filed June 16, 2009, by Region 7 of the EPA in Kansas City, Kansas.
According to the agreement, a representative of the Missouri Department of Agriculture conducted an inspection of Greenleaf’s Neosho facilities on January 8, 2008. Based on that inspection and a review of records, the agreement alleges that the company was in violation of various aspects of federal pesticide regulations, including:
- Distributing or selling approximately 59 different unregistered pesticides whose contents had been manipulated and did not meet FIFRA registration requirements.
- Distributing or selling approximately 27 different misbranded pesticides.
- Holding for sale or distribution two pesticides whose composition differed from what was described in a required registration statement.
- Failing to file a 2007 annual pesticide report for its Neosho facilities.
- Failing to prepare, maintain or submit other required records.
Greenleaf remains legally incorporated in the State of Arkansas, but has ceased operating its only business locations, in Neosho and Pineville, Missouri.
On November 19, 2008, in a separate but related matter handled by the U.S. Attorney for the Western District of Missouri, Greenleaf entered a corporate guilty plea to a criminal charge of violating federal pesticide laws and agreed to pay a maximum fine of $200,000. According to the U.S. Attorney’s Office, from January 2007 to January 2008 the firm received broken bags and unwanted pesticides from Wal-Mart stores throughout the United States, and then redistributed and sold more than two million pounds of the products after improperly repackaging them.
The $100,000 civil penalty that Greenleaf has agreed to pay in settlement to EPA is separate from the $200,000 fine that the company agreed to pay in the criminal case.
$18,000 Penalty for Industrial Stormwater Permit Violations
The Washington Department of Ecology (Ecology) has fined Fog Tite Inc. $18,000 for illegally discharging industrial wastewater into a storm drain and for failing to properly monitor discharges of industrial stormwater into city storm drains.
Seattle storm drains serving the manufacturer of concrete meter boxes and catch basins, flow to the Duwamish Waterway. Fog Tite connected drain lines to a city storm drain outside the facility without permits or approvals several years ago. The company discharges caustic water and sediment from its production process areas and its outdoor work yard into the drain line.
“Ignoring the city’s permit process inevitably resulted in Fog Tite connecting its drain line to the storm drain instead of the sewer,” said Kevin Fitzpatrick, Ecology’s regional water-quality supervisor. “They’ve been discharging poorly-treated industrial stormwater and process wastewater directly to the Duwamish for years. An industrial facility in this day and age has a duty to know where its industrial discharges are going.”
Businesses can arrange to discharge industrial wastewater into the sanitary sewer but must have authorization from King County to do so, and may need to provide pre-treatment. Fog Tite has begun applying to the city and county for a legal sewer connection for its process wastewater and contaminated stormwater.
Fog Tite also failed to submit quarterly monitoring reports to Ecology on stormwater discharges, as required by the state industrial stormwater general permit.
“The self-reporting permit system reduces costs for companies and for the state,” Fitzpatrick explained, “and permitted facilities must do the required monitoring and reporting. Truthful and accurate self-reporting is fundamental in keeping our waterways clean and safe.”
Inspectors from Ecology and the city of Seattle uncovered the drain line violation earlier this year.
Ecology had first visited Fog Tite in March 2009 as part of a Duwamish Urban Waters Initiative program to visit businesses that are likely pollution sources to storm drains or sanitary sewers, lack environmental permits, or are potential generators of hazardous waste. A technical specialist helps each company identify whether it needs permits or can make voluntary improvements to its environmental practices.
Ecology and the city of Seattle made a follow-up inspection in May. A city dye test showed that all of Fog Tite’s production area and outdoor drains went to the city storm-drain system, and not the sanitary sewer as the company had claimed.
Fog Tite may seek an Ecology review of the penalty or file an appeal with the Washington State Pollution Control Hearings Board within 30 days.
R.E. Powell Will Pay $10,000 and Train Employees to Settle UST Fine
R.E. Powell Distributing, a Grandview, Washington, fuel distributor has agreed to pay $10,000 to settle a penalty incurred earlier this year for not complying with underground storage tank (UST) requirements designed to protect the environment from petroleum leaks. In addition, the company will implement an environmental safety training program for all its petroleum service station employees.
In April 2009, R.E. Powell Distributing was issued a $30,000 penalty by the Washington Department of Ecology (Ecology) for violating environmental safety regulations associated with operating a fuel depot.
R.E. Powell distributes fuel to numerous gas stations and convenience stores from the large Grandview facility where petroleum products are stored in eight registered underground tanks ranging in capacity from 2,000 to 30,000 gallons each.
In order to satisfy the remaining $20,000 portion of the penalty, R.E. Powell will create a training program for service station and convenience store employees. The training will provide basic knowledge on how underground storage tanks operate and how to respond to emergencies such as a fuel spill or fire.
“Training the people who are responsible daily to respond quickly to emergencies, such as a fuel spill, will ultimately increase safety to the public and better protect the environment,” says Ecology underground tank inspector Christina Zerby.
If the company fails to complete the requirements of the Supplemental Environmental Project (SEP) within the guidelines of the settlement, payment of the $20,000 balance of the penalty will be immediately due to Ecology.
California Sod Company Fined $9,500 for Emissions Violations
An investigation by the California Air Resources Board (ARB) showed that Pacific Sod, a subsidiary of Pacific Earth Resources, failed to test, measure, record, and maintain records for its diesel trucks in 2007 and 2008 at its Camarillo and Patterson, California, terminals. These findings have resulted in the company being fined $9,500 for failing to properly inspect its diesel truck fleet for smoke emissions.
“Routine inspections ensure California meets clean air standards,” said ARB Chairman Mary D. Nichols. “Companies that fail to inspect their diesel vehicles can contribute to excess air pollution.”
Annual smoke tests are required for diesel truck fleets, in conjunction with ARB’s roadside smoke inspection program; the law ensures that all vehicles are properly maintained, tamper-free and free from excessive smoke.
As part of the penalty, Pacific Sod is required to:
- Guarantee employees responsible for conducting the inspections attend a training class on diesel emissions compliance testing and provide certificates of completion within one year;
- Provide documentation to ARB that the inspections are being carried out for the next four years;
- Ensure all heavy-duty diesel vehicles have their software updated with the latest low-NOx (oxides of nitrogen emissions) programming;
- Instruct vehicle operators to comply with the state’s idling regulations; and,
- Ensure all diesel trucks are up to federal emissions standards for the vehicle model year and are properly labeled with an emission control label.
Pacific Sod paid $9,500 in penalties: $7,125 went to the California Air Pollution Control Fund for projects and research to improve California’s air quality; the Peralta Community College District received $1,187.50 to fund emissions education classes conducted by participating California community colleges; and, the remaining $1,187.50 went to the California Pollution Control Financing Authority which guarantees loans to off-road vehicle fleets that need to buy exhaust retrofits to comply with state regulations.
Diesel exhaust contains a variety of harmful gases and over 40 other known cancer-causing compounds. In 1998, California identified diesel particulate matter as a toxic air contaminant based on its potential to cause cancer, premature death, and other health problems.
Massachusetts Paper Company Penalized $6,000 for Hazardous Waste and Industrial Wastewater Violations
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $6,000 penalty to Erving Paper Mills, Inc. for violating state regulations governing hazardous waste and industrial wastewater.
The violations were discovered during a MassDEP inspection of the company’s Erving facility in August 2008. The inspection revealed that the company had transported waste oil contaminated debris without having a hazardous waste transporter license, and did not have a MassDEP permit to discharge industrial wastewater to the wastewater treatment plant. The company also had hazardous waste management violations that entailed failing to properly label containers of waste oil and regulated recyclable material and failing to keep containers of waste oil closed.
MassDEP issued a consent order to correct all violations and Erving Paper agreed to pay a penalty of $6,000. Erving Paper has fully cooperated with MassDEP and has been working to address the outstanding compliance issues.
“Facilities that discharge industrial wastewater to a sewer system are required to have a MassDEP permit or compliance certification,” said Michael Gorski, Director of the MassDEP’s Western Regional Office in Springfield. “MassDEP is available to provide assistance to industries regarding requirements for management of wastewater and hazardous waste.”
Washington State Septic Waste Pumper Fined for Dumping Septic Waste
The Washington Department of Ecology (Ecology) has fined Big D Septic Services of Deer Park, Wash., $4,500 for dumping septic sludge on the company’s property for the second time―violating the state’s biosolids management regulations. Big D does not have a permit to apply septic sludge to the land as agricultural fertilizer.
Ecology was notified of the situation by an anonymous caller. When Ecology staff visited the site, they smelled a strong septage odor and saw many flies and pools of septage on the ground. Some of the pools were within 100 feet of a wetland that drains into Dragoon Creek. Others had tire tracks in them, raising the concern of septage being tracked off site and onto local roads.
The property is adjacent to family dwellings and businesses, and just across the road from a special project designed to improve water quality in Dragoon Creek. The creek runs along the property border.
Septic waste contains nitrates, ammonia, and phosphorus, which is sometimes used as a fertilizer. But it can pollute groundwater and harm aquatic life when not handled properly. The material also contains fecal coliform bacteria and other pathogens, which can harm human health and the environment if not correctly controlled.
Big D Septic Services was fined $2,000 for similar violations in 2000.
Ecology conducted its investigation and cleanup oversight in cooperation with Spokane Regional Health District and the Northeast Tri-County Health District. Big D Septic Services may appeal the penalty to Ecology or to the Washington State Pollution Control Hearings Board within 30 days.
EPA’s Climate Leaders Program Recognizes Partners for Reducing Greenhouse Gas Emissions
. Exelon Corp., Public Service Enterprise Group (PSEG), and Raytheon Co. have found cleaner sources of energy, reduced energy consumption, increased production of renewable energy and retired old equipment, all in an effort to reduce their contribution to climate change.
“We congratulate the members of the partnership upon meeting their goals to confront climate change. EPA’s Climate Leaders are some of the largest and most competitive companies in manufacturing, finance, information technology and other major sectors of the economy,” said EPA Administrator Lisa P. Jackson. “They’re proving that they can be both industry leaders, and leaders in the fight against climate change.”
In addition, 15 companies have set new goals including: American Packaging Corp., Capital One Financial Corp., Caterpillar Inc., Clorox Co., CSX Transportation Inc., Design Continuum, Ecolab Inc., FetterGroup, Genzyme Corp., Mack Trucks Inc., Nortel, Novelis Corp., Pfizer Inc., Raytheon Co., and Sun Microsystems Inc.
EPA is also welcoming 60 new Climate Leaders to its ranks. EPA estimates that the GHG reductions by Climate Leaders Partners will prevent more than 50 million metric tons of carbon dioxide equivalents per year, which is equal to the annual emissions of more than nine million vehicles.
As the country’s largest GHG goal-setting program, Climate Leaders is an EPA industry-government partnership that works with companies to develop comprehensive climate change strategies. Launched in 2002, the program has expanded from 11 charter members to 284 companies that represent more than eight percent of total annual U.S. greenhouse gas emissions. Program partners represent a broad range of industry sectors and companies with a combined annual revenue equal to 12 percent of the U.S. gross domestic product.
Thirteen Facilities Receive DEQ Neighborhood Environmental Partners Program Award
Thirteen Michigan businesses and their community partners were recognized at a ceremony in Lansing with the Neighborhood Environmental Partners (NEP) Program Award for their outstanding commitment to environmental community outreach. The NEP Program offers business and citizen groups the opportunity to work together to improve their neighborhoods, making them cleaner and more attractive places to live and work.
“I’ve often said that environmental stewardship and economic prosperity go hand-in-hand, and the companies we are recognizing today truly demonstrate that belief,” said Director Chester. “I applaud their enthusiastic commitment to the environment and a willingness to improve the communities they are a part of.”
The thirteen companies receiving an award are:
- AkzoNobel Coatings Inc. Pontiac
- Consumers Energy J.R. Whiting Plan
- DuPont Mt. Clemens
- Ford Motor Company Romeo Engine Plant
- Detroit Edison River Rouge Power Plant
- General Motors Flint Metal Center
- General Motors Lansing Delta Township and Regional Stamping Plant\
- General Motors Orion Assembly
- General Motors Pontiac Assembly Center
- General Motors Powertrain Romulus Engine Operations
- General Motors Powertrain Warren Transmission Plant
- Herman Miller, Inc. Grand Rapids
- Smurfit-Stone Container Corporation Ontonagon Mill
First Round of Unregulated Contaminant Monitoring Regulation (UCMR2) Program Now Available On-line
The results from the first 15 months of the second Unregulated Contaminant Monitoring Regulation ) program are now available on EPA’s website. EPA intends to update results at least semiannually until the end of reporting under the program in 2011.
UCMR2 is a tool used by EPA to help determine whether to establish new drinking water standards for individual contaminants that are not currently regulated. In this program, EPA works with public water systems to periodically test treated drinking water to see if and how often some contaminants may occur.
Energy and Commerce Democrats Introduce Drinking Water System Security Act
This bill would require EPA to establish risk-based performance standards for community water systems serving more than 3,300 people and certain other public water systems with security risks.
"This important legislation will better help us protect and secure our nation from potential acts of terrorism against our nation's drinking water facilities," said Chairman Waxman. "We must protect workers and neighbors of drinking water facilities and ensure a safe and reliable drinking water supply. We are introducing this bill with the support of the largest water utilities as well as environmental and labor groups. This broad coalition shows that this bill provides a common-sense approach to securing America's drinking water."
"The consensus is clear: We must upgrade security at drinking water systems to ensure that a terrorist can't poison the water or turn the chemicals used to disinfect our drinking water into a weapon of mass destruction," said Rep. Markey.
Drinking water facilities often use or store chemicals that, if released, can form toxic clouds that endanger surrounding communities. Terrorists could also potentially steal chemicals from these facilities to create an improvised weapon of mass destruction. Drinking water facilities also face the unique threat of terrorists contaminating the drinking water supply, endangering the health of thousands or millions of people.
In 2006, as part of the Homeland Security Appropriations bill, Congress authorized the Department of Homeland Security to issue chemical facility security regulations that exempted drinking water and wastewater facilities. The Drinking Water System Security Act authorizes EPA to strengthen security at drinking water systems in the United States under the Safe Drinking Water Act.
The legislation would:
- Require EPA to assign covered water systems to one of four risk-based tiers, ranging from tier 1, the highest-risk systems, to tier 4, the lowest-risk of the covered water systems.
- Require covered water systems to identify vulnerabilities and develop site security plans to addresses those vulnerabilities and meet risk-based security standards, which vary by tier.
- Require all covered water systems with dangerous chemicals in amounts higher than federal thresholds to assess whether they can switch to safer chemicals or processes to reduce the consequences of an act of terrorism. Since the states implement the Safe Drinking Water Act everywhere but Wyoming and Washington, D.C., states have authority to require facilities in the two highest-risk tiers to switch to safer chemicals or processes if technologically and economically feasible, and if doing so will not result in unsafe drinking water.
- Require that covered water systems include employees in the development of security vulnerability assessments and site security plans and that they receive the training necessary to perform their duties under the plans.
- Require EPA to develop standards to protect security-related information while encouraging the proper sharing of this information among those with an official need to know. The bill would set criminal penalties for purposeful, unlawful disclosure of this protected information.
The legislation has key support from the Association of Metropolitan Water Agencies (AMWA), which has endorsed the bill. AMWA represents 190 member utilities, including the largest publicly owned drinking water systems in the United States that serve more than 125 million Americans.
California ARB Amends Rule to Reduce Diesel Emissions from Off-road Equipment
California’s Air Resources Board (ARB) has adopted amendments to help business owners comply with its 2007 regulation aimed at reducing toxic diesel emissions from the state’s estimated 180,000 off-road vehicles such as tractors and bulldozers used in construction, mining, and other industries.
The changes to the regulation implement legislation signed by Governor Arnold Schwarzenegger in February to provide temporary relief to firms that have reduced used of their vehicles due to downsizing or work stoppage. Fleets will be able to use credits to delay retrofitting their existing equipment with pollution controls or purchasing new equipment. The changes will not repeal or delay general implementation of the rule.
“This harsh economy calls for flexibility and creativity when dealing with new regulations if we are to continue to make progress in reaching the goal of healthy air for all Californians,” said ARB Chairwoman Mary D. Nichols. “These changes will allow the hardest-hit fleets to postpone their compliance costs until the current recession has eased. We will still achieve dramatic diesel emission reductions, but over a slightly longer timeframe.”
Because many diesel engines lack emission controls and can remain in use for 30 years or longer, they will contribute to air pollution for years to come. The regulation adopted in 2007—the first of its kind in the nation—requires installation of diesel soot filters and replacement of older, dirtier engines with newer emission-controlled models according to a staggered timeline, depending on fleet size. By 2020, the rule will reduce diesel particulate matter by 74 percent and smog-forming oxides of nitrogen by 32 percent, compared to what emissions would be without the regulation.
The changes will also allow fleets to delay a portion of their compliance obligations for 2011 and 2012 until 2013. The Board also approved changes recommended by staff, including exempting vehicles that are retrofitted ahead of schedule from being replaced in the future, and allowing small-and medium-sized fleets to buy a filter today instead of having to buy two in a future year.
According to ARB estimates, over its course, this rule will prevent at least 4,000 premature deaths statewide and avoid $18-$26 billion in premature death and health costs.
Requirements and deadlines vary depending on fleet size. For small fleets, which include businesses or municipalities with a combined horsepower of 2,500 or less, implementation does not begin until 2015. Medium fleets, with 2,501 to 5,000 horsepower, have until 2013, while large fleets, with over 5,000 horsepower, must begin complying in 2010. Affected vehicles include bulldozers, loaders, backhoes and forklifts, as well as many other off-road diesel vehicles.
Diesel particulate matter, or diesel soot, was identified as a toxic air contaminant in 1998. In 2000, the ARB established California’s Diesel Risk Reduction Plan, which aims to reduce diesel emissions to 85 percent below 2000 levels by 2020. Other sources of diesel particulate matter such as big rig trucks, transit buses, trash trucks, cargo-handling equipment and ship auxiliary engines have already been addressed through regulations, along with diesel fuel.