DOT has announced it levied a $2.3 million civil penalty against El Paso Corporation and its subsidiary Colorado Interstate Gas Company for violations of federal pipeline safety regulations. DOT has also ordered the companies to take specific actions to comply with its regulations and ensure safety as a result of its investigation into a pipeline explosion that killed a construction worker in Laramie County, Wyoming, in November 2006.
“Federal requirements are in place to provide protections for America’s most important assets, its citizens,” said Secretary Ray LaHood. “The Department will hold pipeline operators accountable for the safety of those who live and work in the vicinity of their systems and negligence will not be tolerated.”
The accident investigation, conducted by DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA), discovered the companies did not comply with federal regulations covering the locating and marking of buried pipeline facilities. Federal regulations require pipeline operators to establish and follow procedures for properly locating and marking their underground systems before excavation work is commenced to prevent accidental contact and safety risks.
“Pipeline and other underground facility damage is almost entirely preventable,” said Cynthia L. Quarterman, PHMSA Administrator. “Pipeline operators must be the first line of defense in protecting the public from incidents related to their systems.”
The final order issued by PHMSA also includes a compliance order requiring the companies to take certain actions to ensure compliance with federal pipeline safety regulations. Among other things, the compliance order requires the companies to:
- Revise corporate procedures for making construction records, maps, and operating history available to appropriate operating personnel;
- Develop and implement written procedures to require appropriate managers or supervisors to conduct unannounced reviews of work performed by El Paso line locators to ensure applicable procedures are understood, being followed, and effective, paying special attention to the accuracy, visibility, and durability of the marking and line locating work; and
- Develop and implement training for all managers and supervisors to enhance their understanding of El Paso’s surveillance procedures and improve their ability to understand and intervene in unsafe or hazardous situations for people and property.
“Promoting successful damage prevention practices is a key component to our safety mission,” Administrator Quarterman added. “Providing protections for those who live near or work on and around pipeline infrastructure is as important as efficient, reliable, and continuous service.”
On November 11, 2006, a 36-inch natural gas transmission pipeline owned by Wyoming Interstate Company, Ltd. and operated by Colorado Interstate Gas Company, both subsidiaries of El Paso Corporation, was struck by a bulldozer. At the time of the accident, the bulldozer operator was attempting to grade nearby land to build a right of way for the Rockies Express Pipeline. The contact with the high pressure line resulted in the release of natural gas, a subsequent explosion and fire, and the operator’s death.
13 States Release Recommendations on TSCA Reform and Urge Federal Action
Thirteen states have released a set of principles designed to ensure that the debate over reforming the nation’s outdated chemical policy stays focused on protecting public health and the environment. State regulatory leaders across the country say the 33-year-old Toxic Substances Control Act (TSCA) does not contain powerful enough tools to safely monitor and control the tens of thousands of chemicals used every day in the United States.
As Congress debates TSCA’s future, environmental officials in the 13 states are seeking reform of one of the nation’s signature environmental laws to allow them to protect vulnerable populations by effectively identifying and regulating the most troubling chemicals.
“Current federal chemical regulations fail to adequately protect the nation’s citizens and environment from toxic chemicals and unsafe products,” said David Littell, Commissioner of the Maine Department of Environmental Protection. “The effects of exposure to toxic chemicals on human health, the environment, and the economy are enormous and often avoidable.”
States have long been the leaders in creating innovative policies to protect public health, the environment and create jobs through groundbreaking legislation. California’s Green Chemistry Initiative, for example, is working to reduce—and eventually eliminate—toxic chemicals from consumer goods. This “benign by design” approach promises to sharply cut pollution while spurring the creation of hundreds of thousands of green jobs.
Both Maine and Washington are implementing new comprehensive chemicals policy statutes to promote safer chemicals in children’s products and prioritize hazardous chemicals for further action.
“Environmental leadership often begins at the grassroots level and works it way up to Washington, D.C. California has a long history of working with other states to share and exchange successful environmental policies that improve public health, protect the environment and grow new, green jobs,” said Linda Adams, California’s Secretary for Environmental Protection. “We need a more innovative approach to chemical policy, to apply our best scientific solutions to today’s real-world environmental challenges, and these principles help define the important changes needed.”
The eight recommendations listed in the States’ Principles on Reform of the Toxic Substances Control Act are central to TSCA’s reform, state officials say. The principles were developed through a collaboration of 13 states: California, Connecticut, Illinois, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Oregon, Vermont and Washington.
The key recommendations in the States’ Principles on Reform of the Toxic Substances Control Act include:
- Manufacturers must demonstrate that the chemicals they use and the products they make are safe—for the public and the environment.
- Safer products and chemicals should be promoted.
- Chemical and safety information should be widely available to regulators, businesses and the public.
“Without adequate protection at the federal level, it has fallen to the states to protect people and the environment from the toxic chemicals that are causing harm. But dealing with toxic contamination after the fact is ultimately futile—the human, environmental and economic damage is already done,” said Ted Sturdevant, Director of the Washington State Department of Ecology. “We need a federal law that prevents contamination from happening in the first place, and phases out the harmful chemicals that are already in widespread use. That’s common sense, but it’s not the system we have today.”
President Obama Sets Target for Cutting U.S. Greenhouse Gas Emissions
The White House announced on November 25 that President Obama is offering a U.S. target for reducing greenhouse gas (GHG) emissions in the range of 17% below 2005 levels by 2020. The proposed target agrees with the limit set by climate legislation that has passed the U.S. House of Representatives, but the U.S. Senate is currently considering a bill that cuts GHG emissions to 20% below 2005 levels by 2020. The White House noted that the final U.S. emissions target will ultimately fall in line with the climate legislation, once that legislation passes both houses of Congress and is approved by the President. In light of the President’s goal for an 83% reduction in GHG emissions by 2050, the pending legislation also includes a reduction in GHG emissions to 30% below 2005 levels by 2025 and to 42% below 2005 levels by 2030.
The White House also announced that President Obama will travel to Copenhagen on December 9 to participate in the United Nations climate change conference. A number of top White House officials and cabinet members will also attend the conference, including Energy Secretary Steven Chu. For the first time, the U.S. delegation will establish a U.S. Center at the conference, providing a unique and interactive forum to share the United States’ story with the world.
The center will feature keynote speeches by top U.S. officials from December 9 through December 17, including a December 14 speech by Secretary Chu on U.S. leadership in energy efficiency and renewable energy. The U.S. Department of State has also established the “COP-15” Web site and a Facebook page to mark the event. The U.N. climate change conference is officially known as the 15th annual session of the Conference of the Parties (COP) to the U.N. Framework Convention on Climate Change, or COP-15 for short.
The day after the White House announced the U.S. GHG targets, China announced that it will reduce the intensity of its carbon dioxide emissions by 40%-45% (relative to 2005) by 2020. Carbon dioxide emissions intensity is defined as the amount of carbon dioxide emissions per unit of gross domestic product (GDP). China expects its GDP to at least double by 2020, which could potentially result in a doubling of carbon dioxide emissions, but the new target would hold the increase in carbon dioxide emissions to 20% or less under a doubling of GDP. However, DOE’s Energy Information Administration (EIA) projects a 218% gain in GDP (that is, more than triple) by 2020, which would mean an emissions growth of 75%-91% above 2005 levels. The carbon intensity target will be a binding goal that China will incorporate into its medium- and long-term development plans.
China also announced plans to invest in the research, development, and commercialization of energy efficiency and renewable energy technologies, as well as other low-carbon energy technologies. The country plans to draw on non-fossil-fuel energy sources for 15% of its energy needs by 2020 and will encourage low-carbon lifestyles and consumption. Chinese Premier Wen Jiabao will attend the U.N. climate change conference in Copenhagen.
Department of Energy Catalogues Impacts of Climate Change
Two recent compendiums of climate change science compiled by leading climate scientists show that the impacts of climate change are happening sooner and at a greater magnitude than previously thought. The two reports are the latest attempts to update the climate science since the last report of the Intergovernmental Panel on Climate Change (IPCC), the Fourth Assessment Report, which was released in 2007. The first new report, released in late September by the United Nations Environment Programme (UNEP), is titled “Climate Change Science Compendium 2009,” while the second, released in late November by 26 climate researchers, is called “The Copenhagen Diagnosis, 2009: Updating the World on the Latest Climate Science.” Both are based on published, peer-reviewed climate science.
Both reports reach the same conclusions, namely, that Greenland and Antarctic ice sheets are losing mass and contributing to sea level rise at an increasing rate; that Arctic sea ice has melted far beyond the expectations of climate models; and that global sea-level rise may well exceed 1 meter by 2100, with an upper limit of 2 meters now considered to be the upper range for sea-level rise by 2100. Both reports also note that carbon dioxide emissions from fossil fuels were 40% higher in 2008 than they were in 1990. The increasing emissions are causing the window in which to reduce emissions to narrow.
According to the reports, if emissions are maintained at today’s levels for the next 20 years, the possibility of limiting global warming to less than 2?C will disappear. Climate scientists generally concur that a global temperature rise of 2?C or more will lead to disastrous consequences. The comprehensive UNEP report also warns of ocean acidification, melting mountain glaciers, and the possibility that “tipping points” in the climate could soon be reached.
Meanwhile, the World Meteorological Organization (WMO) has found that atmospheric concentrations of greenhouse gases are continuing to increase. The WMO’s “Greenhouse Gas Bulletin 2008,” released in late November, finds that the “radiative forcing,” or greenhouse effect, caused by all long-lived greenhouse gases increased by 1.3% from 2007 to 2008, and has increased by 26% since 1990. The globally averaged concentration of carbon dioxide in 2008 was 385.2 parts per million (ppm), an increase of 2 ppm from 2007, while methane increased to 1,797 parts per billion (ppb), an increase of 7 ppb above 2007 levels. After staying stable from 1999 to 2006, methane concentrations showed significant increases in both 2007 and 2008. Nitrous oxide and refrigerants are also on the rise. The report is troubling in light of the “Carbon Budget 2008,” a report released in mid-November by the Global Carbon Project, which found that carbon emissions are now overwhelming the natural “sinks” that absorb carbon, such as the ocean.
EPA Issues Rule to Reduce Water Pollution from Construction Sites
EPA believes this rule, which has an effective date of February 1, 2010, and which will be phased in over four years, will significantly improve the quality of water nationwide.
Construction activities like clearing, excavating, and grading significantly disturb soil and sediment. If that soil is not managed properly it can easily be washed off of the construction site during storms and pollute nearby water bodies.
The final rule requires construction site owners and operators that disturb one or more acres to use best management practices to ensure that soil disturbed during construction activity does not pollute nearby water bodies.
In addition, owners and operators of sites that impact 10 or more acres of land at one time will be required to monitor discharges and ensure they comply with specific limits on discharges to minimize the impact on nearby water bodies. This is the first time that EPA has imposed national monitoring requirements and enforceable numeric limitations on construction site stormwater discharges.
Soil and sediment runoff is one of the leading causes of water quality problems nationwide. Soil runoff from construction has also reduced the depth of small streams, lakes and reservoirs, leading to the need for dredging.
DOT Issues Much-Anticipated Rules to Enhance Pipeline Safety
Transportation Secretary Ray LaHood has announced new Federal regulations for operators of natural gas and hazardous liquid pipelines. The two rules to be published in the Federal Register will include a requirement for operators of natural gas distribution pipelines to adopt integrity management programs similar to current requirements already in place for larger transmission pipelines. In addition, the DOT is calling for strengthened management and oversight of control room operations for all types of DOT-regulated pipelines.
“President Obama and I are both committed to the safety of America’s transportation systems, including pipelines,” said Secretary LaHood. “The new rules are not only solid investments in public safety, but also in corporate systems risk management as they will continue to add value for years to come.”
“The public deserves and expects a national pipeline transportation system that meets the highest safety standards,” said PHMSA Administrator Cynthia L. Quarterman. “These rules will improve public safety by requiring integrity management programs and installation of excess flow valves for the first time for natural gas distribution pipelines, in addition to improving the operations of the nation’s pipeline system control rooms.”
Integrity management programs combine periodic inspection and testing of a pipeline’s condition with continuous management processes to collect, integrate, analyze, and apply information about possible threats. The new integrity management rule for natural gas distribution pipelines incorporates the same basic principles as requirements for transmission pipelines, but accommodates the significant differences between the two pipeline types. In addition, the rule requires distribution operators to install excess flow valves in new and replaced services for single-family residences where conditions are suitable for their use. Unlike requirements for transmission pipelines which are limited to “high-consequence areas,” the new distribution integrity management rules will be applied to an operator’s entire system.
The new control room management rule requires pipeline operators to establish human factors management plans and to account for National Transportation Safety Board (NTSB) recommendations on supervisory control and data acquisition (SCADA) system displays, alarm systems and controller training. In addition, operators must establish maximum hours-of-service limits and integrate these procedures into existing operation and maintenance, operator qualifications and emergency processes.
Hazardous liquid and gas pipelines are often monitored in a control room through computer-based equipment, such as a SCADA system, that records and displays operational information about the pipeline system, such as pressures, flow rates, and valve positions. These monitoring and control actions are a principal means of managing pipeline operations. The new control room management requirements improve opportunities to reduce risk through providing more effective control of pipelines.
DOT developed the rules in cooperation with Congress, the NTSB, and the pipeline industry.
Final NESHAP Issued for Area Source Standards for Paints and Allied Products Manufacturing
EPA is issuing national emission standards for control of hazardous air pollutants (HAP) for the Paints and Allied Products Manufacturing area source category. The final rule establishes emission standards in the form of management practices for volatile HAP, and emission standards in the form of equipment standards for particulate HAP. The emissions standards for new and existing sources are based on EPA’s determination as to what constitutes the generally available control technology or management practices (GACT) for the area source category.
EPA to Withdraw the Emission Comparable Fuels Rule
The ECF rule governs fuel that would otherwise be regulated as hazardous waste, but that generates emissions that are comparable to fuel oil. EPA issued a rule in January 2009 that classifies ECF as a product rather than a hazardous waste. However, EPA is now proposing to withdraw the January 2009 rule due to the difficulty of ensuring that emissions from burning ECF are comparable to emissions from burning fuel oil, and the limited savings of burning ECF.
The January 2009 ECF rule sought to remove regulatory costs by reclassifying certain manufacturing byproducts as non-wastes. The rule has been criticized for allowing hazardous waste to evade the hazardous waste regulatory system, and for being difficult to administer. Industry members have also criticized it because of the detailed and prescriptive conditions for reclassification, which they believe will limit the rule’s use.
The most recent proposed rule presents the agency’s concerns and requests public comment. After evaluating public comments, EPA will make a decision on whether to repeal the exclusion.
EPA Postpones Decision on Ethanol Waiver Request
EPA has announced that it expects to make a final determination in mid-2010 regarding whether to increase the allowable ethanol content in fuel.
EPA will decide whether to raise the blending limit when more testing data is available. EPA also announced that it has begun the process to craft the labeling requirements that will be necessary if the blending limit is raised.
In March 2009, Growth Energy requested a waiver to allow for the use of up to 15% ethanol in gasoline, an increase of 5% points. Under the Clean Air Act (CAA), EPA was required to respond to the waiver request by December 1, 2009. EPA has been evaluating the group’s request and has received a broad range of public comments as part of the administrative rulemaking process. EPA and the Department of Energy also undertook a number of studies to determine whether cars could handle higher ethanol blends. Testing has been proceeding as quickly as possible given the available testing facilities.
New Online Forum on Contaminated Sites, Waste Management, and Recycling
The forum, which is a public comment board, is another important component in EPA’s ongoing efforts to increase transparency and public engagement.
The first four discussion topics on the new forum pertain to community involvement, Superfund metrics, toxic material reduction, and land revitalization. Potential topics for future discussions include recycling, waste management, brownfields, leaking underground storage tanks, and emergency response.
The forum invites stakeholders, members of the public, EPA program managers, and EPA policy experts to engage in a dynamic discussion about EPA’s work. The agency plans to post a new topic of discussion each month to generate discussion related to hazardous waste, recycling, and emergency response activities.
EPA Commends Corporate Leaders for Major Greenhouse Gas Reductions
EPA is recognizing eight companies for achieving significant goals to reduce greenhouse gas (GHG) emissions through the agency’s Climate Leaders program. Twenty-seven companies are also being commended for announcing aggressive GHG reduction goals. Combined, the Climate Leaders companies are reducing greenhouse gas emissions by approximately 50 million metric tons of carbon dioxide equivalents per year.
“EPA’s Climate Leaders are sending a clear message that the choice between our economy and our environment is a false choice,” said EPA Administrator, Lisa P. Jackson. “They’re doing their part in the fight against climate change and giving consumers the power to support environmentally responsible choices. That leads to a better bottom line and a brighter future for everyone.”
Anheuser-Busch Companies, Inc., Bank of America Corp., Coors Brewing Company, Eastman Kodak Company, First Environment, Inc., Gap Inc., Roche Group U.S., and Shaklee Corp., have achieved long-term GHG reduction goals, and three of these companies have also made new commitments to further reduce their emissions.
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 over 275 participants, which together represent more than 8% of total annual U.S. GHG emissions. Program partners represent a broad range of industry sectors with a combined annual revenue equal to 12% of the U.S. gross domestic product.
The Climate Leaders Small Business Network was recently launched to deliver GHG management assistance to organizations with fewer emissions.
Verizon Wireless Voluntarily Discloses Environmental Violations But Will Still Pay $468,600 Penalty
Verizon Wireless has agreed to pay a $468,600 civil penalty to settle self-disclosed violations of federal environmental regulations discovered at 655 facilities in 42 states. Verizon voluntarily entered into a corporate audit agreement with the EPA and conducted environmental compliance audits at more than 25,000 facilities nation-wide. The Environmental Appeals Board at EPA has approved an administrative settlement resolving violations Verizon found through its compliance audits.
Verizon audited facilities that include cell towers, mobile switch centers, call centers, and administrative offices. As a result of its audit, the company reported violations of clean water, clean air, and emergency planning and preparedness regulations to EPA. Verizon promptly corrected the violations found during its audit, which included preparing and implementing spill prevention, control, and countermeasure plans, applying for appropriate air permits, and submitting reports to state and local emergency planning and response organizations informing them of the presence of hazardous substances.
EPA encourages companies with multiple facilities to conduct corporate-wide audits and develop corporate-wide compliance systems. A corporate audit agreement allows corporations, universities or other organizations with many facilities to plan corporate-wide or facility-wide audits with an advance understanding between the entity and EPA regarding schedules for conducting the audit and disclosing violations. EPA factors in the companies’ cooperation and willingness to do the audit voluntarily, and the penalties are typically lower than if the same violations were discovered through enforcement.
Since 1998, nearly 5,400 telecom facilities have been brought into compliance through 35 settlements as part of EPA’s enforcement effort to improve compliance in the telecom sector. Verizon is required to pay the penalty within 30 days.
House of Raeford Farms Inc. and Plant Manager Indicted by Federal Grant Jury for CWA Violations
A federal grand jury in Greensboro, North Carolina, has returned an indictment charging House of Raeford Farms Inc., a turkey slaughter and processing facility, and its plant manager, Gregory Steenblock, with 14 counts of violating of the Clean Water Act (CWA) for illegally discharging wastewater from its Raeford, North Carolina, based facility.
The indictment alleges that on 14 occasions between January 2005 and August 2006, House of Raeford and plant manager Steenblock allowed plant employees to bypass the facility’s pretreatment system and send its untreated wastewater directly to the Raeford Publicly Owned Treatment Works without notifying city officials. The untreated wastewater was contaminated with waste from processing operations.
The bypasses and failure to report them were in violation of House of Raeford’s pretreatment permit as well as the city of Raeford’s sewer use ordinance. As alleged in the indictment, many of the bypasses took place while House of Raeford was subject to a consent order with the city that specifically required it to eliminate all bypasses from its facility.
House of Raeford is owned by House of Raeford Farms Inc., a privately held corporation operating seven poultry slaughter and processing facilities in North Carolina, South Carolina, and Louisiana. The Raeford facility processes over 30,000 turkeys per day and its operations generate approximately one million gallons of wastewater per day.
An indictment is an accusation, and a defendant is presumed innocent unless and until proven guilty in a court of law. If convicted, the company faces a maximum fine of $500,000 or twice the gain or loss resulting from the offense, whichever is greater, per count. Steenblock faces a maximum penalty of five years in prison and a $250,000 fine, per count.
The case is being prosecuted by the Justice Department’s Environmental Crimes Section and was investigated by EPA-Criminal Investigation Division and North Carolina State Bureau of Investigation.
EPA Fines Sauder Woodworking Co. $79,500 for Air Violations
EPA Region 5 has reached an agreement with Sauder Woodworking Co., on alleged CAA violations at the company’s cogeneration plant in Archbold, Ohio. The agreement, which includes a $79,500 penalty, resolves EPA allegations that, among other things, Sauder violated federal and state regulations by emitting excessive amounts of visible particulates (i.e., smoke, dust, ash), nitrogen oxides, and volatile organic compounds from its wood-fired boilers.
Inhaling high concentrations of particulates can have adverse health effects, particularly in children, the elderly and people with heart and lung disease. Nitrogen oxides can irritate the lungs and lower resistance to respiratory infections. They also contribute to the formation of ground-level ozone (smog) and acid rain. Volatile organic compounds also contribute to the formation of smog. Smog is formed when a mixture of pollutants react on warm, sunny days. Smog can cause respiratory problems, including coughing, wheezing, shortness of breath and chest pain. People with asthma, children and the elderly are especially at risk, but these health concerns are important to everyone.
Stein, Inc. to Pay $50,000 Penalty for Violating Ohio’s Air Pollution Control Laws
Stein, Inc., will pay a $50,000 penalty to Ohio EPA for past permitting and reporting violations at its recycling facility located at 2032 Campbell Road in Cleveland. Stein was cited for operating five emissions units (sources of air pollution) without a permit. The slag pits, blast furnace pits and drop ball operation should have been included in the company’s air permit application. When made aware of the violation, Stein later applied for and received an amended permit.
During a 16-month period, Stein also failed to submit quarterly deviation reports for several other emissions units including the slag crushing, screening and handling operation. Ohio EPA relies on timely and complete reports to ensure facilities are operating in compliance with their permits.
The violations were documented in 2007 by the Cleveland Division of Air Quality, Ohio EPA’s contractual representative for air pollution issues in Cuyahoga County.
EPA Fines Bucklen Equipment $16,000 for Damages to the Cache la Poudre River
EPA has reached an agreement with Bucklen Equipment Company, Inc., to resolve alleged CWA violations in Weld County, Colorado. The alleged violations include unauthorized discharges of pollutants to the Cache la Poudre River and its adjacent wetlands within the City of Greeley, Colorado. Under the consent agreement, the company will pay a penalty of $16,000 and will remove any remaining gravel piles from wetlands along the river.
“Bucklen Equipment’s actions introduced a source of sediment pollution and altered the condition of the Poudre River and its nearby wetlands,” said Darcy O’Connor, Director of EPA’s Water Enforcement program in Denver. “EPA will continue to pursue actions against those who violate federal laws that protect Colorado’s waters.”
In August 2008, the U.S. Army Corps of Engineers (Corps) received information that Bucklen Equipment was conducting extensive excavation activities in the Cache la Poudre River, including the removal of islands and grading of the river’s floodplain. Subsequent investigation by the Corps and EPA found that the company had deposited dredged and fill material in an area encompassing 1,400 feet of the river’s length without authorization. The Corps and EPA identified areas that had been dredged and filled in both the river and adjacent wetlands.
Under the consent agreement, Bucklen Equipment will remove any remaining piles of fill in wetlands along the banks of the Cache la Poudre River. EPA will inspect the area next summer to determine if the area has properly recovered. If it appears that additional work such as re-contouring or planting vegetation is required, Bucklen Equipment may be directed to submit and implement a restoration plan.
The rivers, streams, and wetlands along the Cache la Poudre River are important habitat for local and migratory birds and wildlife, water storage and retention, water quality enhancement, flood control, and aesthetics. Sediment from construction activities is a major water quality issue and can have a negative impact on aquatic life.
CWA permits are required before performing any work that results in material being placed into rivers, lakes, streams, and wetlands.
Renovator’s Supply, Inc. Fined $5,000 for Hazardous Waste Violations
The Massachusetts Department of Environmental Protection (MassDEP) has penalized Renovator’s Supply, Inc., of Erving, Massachusetts, $5,000 for violating state regulations governing the management of hazardous waste. The violations were discovered during a MassDEP inspection of the company’s Erving facility on September 2, 2008. The inspection revealed that the company was not meeting some of MassDEP’s hazardous waste management requirements, and was storing hazardous waste at its facility beyond the time limit allowed by the Massachusetts’ hazardous waste regulations.
Other violations entailed failing to properly label containers of hazardous waste, failing to clearly mark the hazardous waste accumulation area boundary, failing to post a hazardous waste sign, failing to keep hazardous waste accumulation containers closed, failing to have secondary containment, and failing to have an impervious surface on which to store of hazardous waste.
As part of a settlement agreement with MassDEP, the company has agreed to correct the violations, remain in compliance, and pay the $5,000 penalty.
Unscrupulous Vendors Market Unapproved Flu Disinfectant Products
EPA is warning consumers to beware of unscrupulous vendors who may market ineffective and unregistered products or services that claim to disinfect surfaces or entire rooms against the H1N1 influenza virus. In the current flu-conscious climate, heightened anxiety about the spread of the H1N1 virus has bred false claims in the marketplace.
“Unfortunately some vendors may try to take advantage of people’s fears at a time like this and market products that aren’t effective or make unsubstantiated claims,” said Steve Owens, assistant administrator for EPA’s Office of Prevention, Pesticides and Toxic Substances. “Americans need to be aware of what they may be buying.”
EPA registers disinfectants for use on hard surfaces, and when used according to label directions, such products will be effective against influenza A viruses, including the 2009 H1N1 pandemic strain. There are no products registered by EPA for use in residential settings that will disinfect or sterilize the air or a room by fogging. Claims for disinfecting carpeting, drapes, and other porous surfaces are also false. The products approved by EPA are for use on hard surfaces only, and the label must state that the product is registered for the influenza A virus.
It is important to follow label instructions to ensure the safe and effective use of these products in specific sites, including health care settings, homes, schools, offices, and farms. A list of more than 500 antimicrobial products registered by EPA for use against the influenza A virus and H1N1 on hard surfaces is available on EPA’s Web site.
The public is encouraged to follow the Centers for Disease Control and Prevention’s recommendations for preventing the spread of the 2009 H1N1 influenza A virus, which stresses frequently washing your hands with soap and water.
TCEQ Establishes Office of Water
The Texas Commission on Environmental Quality (TCEQ) has announced formation of a new Office of Water, effective December 1. The new office will encompass the three existing major water divisions in the agency: Water Planning, Water Supply, and Water Quality.
“The new office is in recognition of the fact that the state’s population is expected to double in the next 30 years,” said Chairman Bryan W. Shaw, Ph.D. “So the agency must put even more focus on water issues to ensure that there will be adequate water quality and quantity for future demand.”
L’Oreal Stepney will serve as deputy director of the new Office of Water. She has served with the TCEQ and predecessor agencies since 1992. She holds a master’s degree in Environmental Engineering from the University of Texas.
“There are 6,800 public water systems in our state,” said Executive Director Mark Vickery. “Making sure that the water that comes through these systems is clean and healthy is a priority of the TCEQ and is critically important to many, many Texans.”
Stepney has served in air permitting and wastewater permitting, as section manager of the Wastewater Permitting Section, as Water Quality Division director, and her most recent assignment was assistant deputy director for the Office of Permitting and Registration.
“Over the past several years, much of the state experienced a fierce drought,” said Commissioner and former Rio Grande Watermaster Carlos Rubinstein. “Our agency’s response to the people and communities that suffered from this event was extraordinary, and this new Office of Water will ensure that we provide an even higher and more focused level of response.”
“Water planning, water supply, and water quality are all issues that are important to the future of our state,” said Commissioner Buddy Garcia. “This is an important step in our reorganization.”
EPA Lauds Accomplishments of Five Companies for Reducing Pesticide Risk
EPA has presented awards to five members of the Pesticide Environmental Stewardship Program (PESP) for their sustained excellence in integrated pest management (IPM).
“These awards demonstrate that innovative pest management practices really do work,” said Steve Owens, assistant administrator for the Office of Prevention, Pesticides, and Toxic Substances, “EPA is helping growers and other pesticide users make the transition to safer practices and thereby reduce pesticide risk to people and the environment.”
The awardees were:
- Central Coast Vineyard Team, Paso Robles, California—for demonstrating continued progress in outreach and education for growers, and adopting a reduced-risk approach to vineyard management.
- Glades Crop Care, Inc., Jupiter, Florida—for implementing IPM strategies that reduce pesticide use and risk, researching and testing lower risk pesticides, educating users on chemical safety, and providing outreach and education.
- PM Institute of North America, Inc., Madison, Wisconsin—for creating and marketing its innovative program for IPM certification for schools and pest control companies.
- Lodi-Woodbridge Winegrape Commission, Lodi, California—for leading the development of a state-wide code of sustainable winegrowing practices in California.
- U.S. Department of Defense Armed Forces Pest Management Board, Washington, D.C.—for its extraordinary level of commitment to IPM and outstanding efforts to prevent and manage disease vectors and pests.
Texas Releases Annual Environmental Enforcement Report
While the Texas economy remains strong and continues to grow, TCEQ makes sure regulated entities follow permit requirements that provide safeguards for the environment.
“While nobody wants to be a part of our enforcement reports, we want to acknowledge the efforts being made by these entities to fix these problems so they don’t show up next year,” said Chairman Bryan W. Shaw, Ph.D.
Penalties totaling $14,524,544 were issued, and an additional $6,375,212 was required to be paid by violators for a total of 282 Supplemental Environmental Projects (SEPs). Enforcement orders resulted in nearly 47 million pounds of pollutants eliminated, reduced, or the routes of exposure reduced, and an estimated cost of nearly $170 million that respondents will spend to achieve compliance.
"This report shows the consequences of not abiding by the state's environmental rules," said Commissioner Buddy Garcia. "While we strive for 100 percent compliance, companies that do not meet the requirements of their permit, or that disobey the law, will have to pay the penalty."
In Fiscal Year 2009, the TCEQ conducted 106,758 investigations. The agency investigated approximately 4,875 complaints during that time period. The TCEQ also takes a lead role in the Texas Environmental Enforcement Task Force to pursue criminal prosecution—finalizing 12 cases with 17 convictions against 12 individuals and five corporations.
“Reaching an agreed order is more than just paying a penalty,” said Commissioner Carlos Rubinstein. “It often involves installing new equipment or instituting new procedures that cost more than the fine itself.”
“While a majority of Texas companies comply with our rules and regulations, those members of the regulated community who do not follow the law are being held accountable for their actions,” said Executive Director Mark Vickery.
Texas Proposes Standard Air Quality Permits
TCEQ is proposing seven air quality standard permits which would provide a new method of permit authorization for the following types of agricultural operations: dry bulk fertilizer handling operations; peanut drying and handling operations; cotton gins and cotton burr grinders; feedmills, portable augers, and hay grinders; grain elevators, portable grain augers, and grain handling operations; polyphosphate blending operations; and anhydrous ammonia storage and distribution operations. The proposed standard permits could be used to authorize new or existing non-major sources meeting all applicable conditions of the relevant standard permit. The requirements of the proposed standard permits vary, but generally include a combination of operating requirements, control requirements, and distance limitations, which, in combination, would be protective of human health and welfare.
Owners or operators of existing facilities that would be potentially covered by the new standard permits may continue to operate under any existing authorizations they hold, such as an applicable permit by rule under Title 30 Texas Administrative Code Chapter 106, Permits by Rule, or a permit under 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification. However, owners or operators of existing facilities may elect to replace their existing authorization with the applicable new standard permit, if the facility meets the applicable conditions of the standard permit. For those facilities that do not qualify for a standard permit, site-specific permitting will remain an option. In conjunction with the development of these agricultural standard permits, commission staff members are considering certain changes to specific permits by rule in Chapter 106. Any changes to those permits by rule would be proposed in a separate action, if approved by the commission.
A public meeting on the proposed standard permits will be held on December 10, 2009 at 9:30 a.m. at the Texas Commission on Environmental Quality, Building B, Room 201A, 12100 Park 35 Circle, in Austin.
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Trivia Question of the Week
Each cow produces 500 liters of methane a day, equivalent to 10 tons of carbon dioxide a year. A Welsh company has found a way to reduce cow’s greenhouse gas production by:
a. Playing music in cow pastures
b. Feeding them garlic
c. Adding calcium bicarbonate to their drinking water
d. Supplementing their feed with melatonin