Enviro-Safe Refrigerants, Inc., of Pekin, Illinois, has agreed to pay a $300,000 civil penalty and cease marketing and sale of unapproved flammable hydrocarbon refrigerants as substitutes for ozone depleting substances (ODS). ODS are being phased out of production and importation because they deplete the Earth’s stratospheric ozone layer. As part of the United States’ transition away from ODS, the EPA’s Significant New Alternatives Policy (SNAP) Program evaluates and approves substitute refrigerants so that they can safely and legally replace ODS. EPA evaluates these potential substitute refrigerants according to health, safety and environmental criteria.
According to the two-count complaint, filed simultaneously with the settlement in the Central District of Illinois, Enviro-Safe allegedly violated Clean Air Act requirements through the marketing and sale of two flammable hydrocarbon refrigerant products, ES 22a and ES 502a, as substitutes for ODS without providing the requisite information to EPA for review and approval. EPA has not approved any flammable hydrocarbon as a replacement for ODS in systems not specifically designed for flammable refrigerants and has warned that use of flammable refrigerants in those systems presents a risk of fire or explosion.
“With this settlement, Enviro-Safe will pay a penalty, stop its nationwide sales of unapproved flammable refrigerants and ozone depleting substances, and notify consumers of potential safety hazards from these products,” said Assistant Attorney General John C. Cruden of the Department of Justice’s Environment and Natural Resources Division. “This civil action illustrates how the requirements of the Clean Air Act guard consumer safety and the health of our environment each and every day.”
“The actions Enviro-Safe will be required to take under this consent decree will protect consumers and the environment from a potentially dangerous product,” said Regional Administrator Susan Hedman of EPA.
In addition to paying a penalty and halting non-compliant sales, the company will also state on the label of any flammable refrigerant, its website and other marketing materials that the refrigerant is “flammable to an open flame or spark” and to “proceed with caution if used in systems designed for non-flammable refrigerants.” Labels must also include any use restrictions for approved substitutes. The company will notify by mail all known past customers that purchased products labeled “ES 12a,” “ES 22a” and “ES 502a” of potential safety hazards associated with such products.
Learn DOT’s New Rules for Lithium Battery Shipments
- Enhance packaging and hazard communication requirements for lithium batteries transported by air
- Replace equivalent lithium content with Watt-hours for lithium ion cells and batteries
- Adopt separate shipping descriptions for lithium metal batteries and lithium ion batteries
- Revise provisions for the transport of small and medium lithium cells and batteries including cells and batteries packed with, or contained in, equipment
- Revise the exceptions for small cells and batteries in air transportation
- Revise the requirements for the transport of lithium batteries for disposal or recycling
- Harmonize the provisions for the transport of low production and prototype lithium cells and batteries with the ICAO Technical Instructions and the International Maritime Dangerous Goods Code
- Adopt new provisions for the transport of damaged, defective, and recalled lithium batteries
If you ship batteries by ground or air, you must comply with the latest DOT and IATA/ICAO regulations that specify how the batteries must be packaged, marked, labeled, and transported. The rules apply not only to batteries, but also to equipment or vehicles that contain batteries as well as batteries packed along with equipment. Virtually all types of batteries are regulated, including lithium, lead-acid, nickel cadmium, and metal hydride alkaline. According to 49 CFR 172.704, all personnel involved in the classification, packaging, marking, labeling, or shipment of batteries must receive initial and recurrent transportation training.
Orlando RCRA and DOT Training
Baltimore RCRA, DOT, and IATA/IMO Training
Chattanooga RCRA and DOT Training
Disposable Wipes Are Costing Sewage Systems Millions of Dollars
Several class-action lawsuits filed recently against the makers of flushable wet-wipes have brought to light a serious—and unsavory—problem: The popular cleaning products might be clogging sewer systems.
Jessica Morrison, assistant editor at C&EN, reports that New York City alone claims to have spent more than $18 million over six years clearing wipes from its wastewater treatment facilities. Last month, the city of Wyoming, Minnesota, filed suit against the manufacturers of these products. It is seeking $5 million in damages and a declaration from the court that the wipes should not go down the drain. In at least four additional class-action lawsuits, consumers are claiming the products have damaged household plumbing, sewers, and septic systems.
But whether flushable wipes are to blame for jamming water treatment machinery is not clear. Manufacturers say the non-flushable kind and other items such as paper towels and feminine products are causing the problems. Also, the term “flushable” itself has no regulatory definition, which leaves it open to interpretation. While the courts deliberate on the issues, wastewater managers continue to deal with blockages, turning to public education campaigns and installing $30,000 wipe grinders.
EPA Launches New Portal to Help Communities Improve Environmental Quality and Public Health
As part of a commitment to making a visible difference in communities, the EPA is launching a new website to help local officials and community members find information for improving the environment, public health, and quality of life.
“As a former local official, I know firsthand the challenges communities face in juggling responsibilities and navigating multiple information sources,” said EPA Administrator Gina McCarthy. “That’s why I’m pretty excited about this new resource. It’s just one of many ways EPA is looking to support local officials and community members who are working every day to build a cleaner, healthier, more prosperous future.”
The Community Resources website leverages information from three existing community-oriented resources:
- The Local Government Environmental Assistance Network, managed in partnership with the International City/County Management Association, provides information on environmental compliance and stewardship
- The National Resource Network, established by HUD as part of the Obama Administration’s Strong Cities, Strong Communities Initiative, offers practical solutions to help communities pursue economic development and growth
- The EPA Community Health site can help users learn about and improve local environmental health conditions
EPA plans to add new information over time to better meet local needs. Visitors can provide feedback via a link on the main page.
Water Utility Emergency Response On-The-Go Mobile Website Live
The site allows users to: identify and contact emergency response partners; monitor local and national severe weather; review and complete incident-specific checklists; and populate, save, and email both generic damage assessment forms and FEMA incident command system forms.
EPA Proposes to Approve Texas VOC Rules
The revision reformats the existing requirement to comply with current rule writing standards, adds additional control options for owner/operators to use when complying, clarifies the monitoring and testing requirements of the rule, and makes non-substantive changes to VOC control provisions that apply in the Beaumont-Port Arthur nonattainment area (Hardin, Jefferson, and Orange Counties), four counties in the Dallas-Fort Worth nonattainment area (Collin, Dallas, Denton, and Tarrant Counties), El Paso County, and the Houston-Galveston-Brazoria nonattainment area (Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties).
Reducing Greenhouse Gas Emissions with a More Effective Carbon Capture Method
Trapping carbon dioxide (CO2) emissions from power plants and various industries could play a significant role in reducing greenhouse gas (GHGs) emissions in the future. But current materials that can collect CO2—from smokestacks, for example—have low capacities or require very high temperatures to work.
T. Alan Hatton and colleagues note that although industry and governments are increasingly turning to renewable energy sources such as wind and solar, the world will continue to rely on fossil fuels for the foreseeable future—but at a cost. According to the International Energy Agency, burning fossil fuels emits more than 30 gigatons per year of CO2, a primary GHG. Some solid systems that aim to capture these emissions, such as zeolites, are sensitive to water in the gas streams. Others, such as clays and metal oxides, have to be heated up to more than 900 degrees Fahrenheit, which requires a lot of energy. Hatton’s team wanted to find a way to cut this latter strategy’s energy requirements.
The researchers studied a new class of materials based on magnesium oxide (MgO), which can capture larger quantities of carbon at much lower temperatures than many other substances being investigated. They discovered that coating MgO particles with substances called alkali metal nitrates boosted the amount of CO2 that material could take up by more than 10-fold. The MgO captures a significantly higher amount of CO2 (2-10 times) than other systems for a given volume. This translates into smaller equipment needs and lower plant costs. Additionally, the particles themselves are readily prepared with low-cost materials.
New York DEC Issues Final Supplemental Generic Environmental Impact Statement on High-Volume Hydraulic Fracturing
After a required 10-day period, DEC will issue its formal Findings Statement, in accordance with the State’s Environmental Quality Review Act (SEQRA).
“The Final SGEIS is the result of an extensive examination of high-volume hydraulic fracturing and its potential adverse impacts on critical resources such as drinking water, community character and wildlife habitat,” DEC Commissioner Joe Martens said. “We considered materials from numerous sources, including scientific studies, academic research and public comments, and evaluated the effectiveness of potential mitigation measures to protect New York’s valuable natural resources and the health of residents. I will rely on the FSGEIS when I issue a Findings Statement in accordance with state law.”
The FSGEIS incorporates the State Health Department Public Health Review report issued December 17, 2014, which determined there is significant uncertainty about adverse health outcomes and whether mitigation measures could adequately protect public health, including impacts to air, water, soil, and community character.
DEC first issued a draft SGEIS for HVHF in September 2009 examining the potential impacts from HVHF, including: contamination of drinking water supplies, groundwater and surface waters; air pollution; spills; wastewater and solid waste treatment and disposal; ecological impacts; and adverse effects on communities. Concurrently, DEC also evaluated whether mitigation measures would be sufficient to prevent adverse impacts to the environment and public health.
A revised draft SGEIS was released in September 2011, which proposed to: prohibit drilling in the New York City and Syracuse Watersheds, state-owned lands and primary aquifers; restrict HVHF on certain forest and grassland areas; and require additional drinking water mitigation measures. The 2011 draft also expanded the earlier review of socio-economic and community impacts.
Since the issuance of the 2009 draft SGEIS, and the subsequent 2011revised draft SGEIS, DEC has gained a more detailed understanding of the potential impacts associated with high-volume hydraulic fracturing with horizontal drilling from: (i) the extensive public comments from medical and public health professionals, environmental organizations, municipalities, industry groups, and other members of the public; (ii) its review of reports and studies of proposed operations prepared by industry groups; (iii) extensive consultations with scientists in several bureaus within the NYSDOH; (iv) the use of outside consulting firms to prepare analyses relating to socioeconomic impacts, as well as impacts on community character, including visual, noise and traffic impacts; and (v) its review of information and data from the Pennsylvania Department of Environmental Protection (PADEP) and the Susquehanna River Basin Commission (SRBC) about events, regulations, enforcement and other matters associated with ongoing Marcellus Shale development in Pennsylvania.
During the review process, DEC hosted numerous public forums and received more than 260,000 public comments. The FSGEIS includes a lengthy summary of the public comments and DEC’s Response to Comments. The Response to Comments, which is over 300 pages long, systematically reviews each type of impact and the public comments about the impacts and potential mitigation measures. In it, DEC recognizes extensive uncertainties about the impacts and how to mitigate them.
Tonawanda Coke to Pay $12 Million for Air, Water, and EPCRA Violations
The agreement was announced jointly by US EPA Regional Administrator Judith A. Enck, US Assistant Attorney General John C. Cruden, New York State Department of Environmental Conservation (NYSDEC) Commissioner Joseph Martens and New York State Attorney General Eric T. Schneiderman.
Under the consent decree lodged in federal court in the Western District of New York, Tonawanda Coke must improve its processes, operations, and monitoring for coke oven gas leaks, assess key equipment, repair or replace equipment, install new pollution controls, and take many additional measures under a prescribed schedule. This work, estimated to cost approximately $7.9 million, will secure significant reductions of benzene, ammonia, and particulate matter emissions from the plant, improving air quality in Tonawanda and protecting public health. Benzene is a carcinogen.
In addition to the state penalty, Tonawanda Coke will pay another $1 million to fund projects that will benefit the environment and the residents of Tonawanda. Additionally, $357,000 will be provided to Ducks Unlimited, a not for profit organization, to acquire and preserve wetlands. In addition to protecting and enhancing water quality, wetlands reduce flooding, filter pollutants, and provide habitat for fish and wildlife.
“Tonawanda Coke has been an environmental outlaw for too long,” said Judith Enck, EPA Regional Administrator. “Today’s legal settlement will provide greater public health protections for the people of Western New York. I particularly want to thank the residents of Tonawanda, their elected officials, the Clean Air Coalition of Western New York and the Citizen Science Community Resources who all shined a spotlight on these pollution problems. The community did their own air toxic monitoring, which revealed high levels of pollution. This fine example of citizen science spurred government action to protect the community.”
“The community that is home to the Tonawanda facility is finally receiving the protections it deserves from its neighbor,” said John C. Cruden, Assistant Attorney General for the Environment and Natural Resources Division. “This settlement holds Tonawanda accountable for its numerous violations of federal and state environmental laws, and requires measures to achieve significant reductions in air and water pollution that will benefit Tonawanda residents for years to come.”
“I would like to acknowledge the good work done by everyone involved in this joint state and federal enforcement action that has resulted in significant operational changes at the Tonawanda Coke facility, and will continue to improve the air quality in the Tonawanda community,” said DEC Commissioner Joe Martens. “Importantly, a portion of the civil penalty assessed under the Consent Decree will be used fund environmental benefit projects that will further improve public health and the environment in Tonawanda.”
“For years, Tonawanda Coke recklessly ignored clean air, clean water, and community right laws,” Attorney General Schneiderman said. “In doing so, the company ignored both its legal responsibilities, and its responsibilities to the health and safety of the residents of the surrounding communities. With this settlement—which requires the company to clean up its operations, and pay New York $2 million for penalties and local environment improvement projects—we are holding Tonawanda Coke accountable for its actions.”
Clean Air Act Violations
Tonawanda failed to install air pollution controls on its coke ovens, failed to properly monitor equipment for coke oven gas leaks, failed to conduct required annual maintenance inspections of emission controls and proper operations and maintenance, and failed to complete multiple required reports among other violations. Exposure to benzene and other hazardous air pollutants found in coke oven gas can significantly harm human health, and excessive exposure to benzene is a known cause of cancer.
Under the terms of the settlement, Tonawanda Coke is currently installing coke oven battery pollution controls to limit coke oven gas emissions from the battery. These controls are known as “pushing controls,” and are estimated to reduce particulate matter by up to 162 tons per year once fully operational.
Among the other actions that Tonawanda Coke is required to take are:
- Repair or replace equipment in the by-products area
- Install and operate pushing controls at the coke oven battery by the end of 2015
- Install a continuous monitoring system on the battery stack
- Comply with the particulate emission limits at the bag house stack
- Improve coke battery work practices, operations and maintenance
- Expand and improve the facility’s leak detection and repair program
- Adopt a plan to control dust that is generated by its operations at the facility and reduce particulate emissions.
- Undergo a comprehensive evaluation by a third-party to assess its furnace coke production, coke oven walls and other key elements.
In addition, TCC will conduct additional auditing of its operations to implement necessary and appropriate changes that may arise from the third party audit.
Clean Water Act Violations
Tonawanda Coke’s illegal discharges and other Clean Water Act violations threatened human health and the ecology and economy of the Niagara River and Lake Ontario.
While Tonawanda Coke has largely resolved the Clean Water Act violations identified in the complaint, under the settlement, Tonawanda Coke’s facility will be subject to an independent, third-party audit of its Clean Water Act compliance and will be required to implement all necessary recommendations for improving facility operations. EPA’s oversight of the facility’s Clean Water Act compliance will be ongoing.
Emergency Planning and Community Right-to-know Act Violations
Tonawanda Coke has agreed to submit several years’ worth of information about its use and emissions of ammonia and benzene under this law.
Southern California Metal Finishers to Pay $223,700 for Hazardous Waste, Clean Water Act Violations
The violations were uncovered during inspections conducted at facilities in the cities of Compton, Paramount, Ontario, and Sun Valley. Three facilities are located along the I-710 freeway corridor where the effects of pollution are disproportionately higher on local residents than in other areas of Los Angeles County.
“This multi-year effort in Southern California is part of EPA’s commitment to bring environmental justice to residents and workers in communities unfairly burdened by the risks from hazardous waste,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Metal plating facilities, often located close to neighborhoods, must ensure they comply with federal laws to prevent harm to the community and the environment.”
Anaplex Corporation
In addition, EPA discovered several hazardous waste violations including failure to properly label and close hazardous waste containers. Anaplex also failed to properly meet training requirements for its employees and did not operate the facility in a way that minimizes the possibility of hazardous waste being released into the environment. In January 2011, EPA ordered Anaplex to cease violations of the Clean Water Act, and in August 2011, EPA issued Anaplex a Notice of Violations requiring correction of the hazardous waste violations.
In addition, four other cases were completed over the past year:
Barkens Hard Chrome
In October 2010, an EPA investigation with the Los Angeles Regional Water Quality Control Board and the County of Los Angeles Department of Public Health discovered that the facility was in violation of federal hazardous waste regulations, including failure to minimize the release of hazardous waste; failure to meet certification requirements for tanks used to transfer, store or treat hazardous waste; and failure to have proper decontamination equipment. In addition, the facility did not have the proper contingency plan for emergencies or adequate training records for its employees.
Bowman Plating Company, Inc.
An EPA investigation in October of 2011 found that the facility failed to minimize releases of hazardous waste and did not have a permit to store certain hazardous waste streams on-site. In addition, EPA documented that Bowman failed to properly close containers, and did not maintain adequate aisle space for stored hazardous waste.
Alumin-Art Plating Company
An EPA investigation in August 2012 found that the facility did not have a permit to store and treat hazardous waste. In addition, EPA found additional hazardous waste violations such as failure to close a container and failure to meet necessary training requirements for its employees.
R.L. Anodizing and Plating, Inc.
R.L. Anodizing has agreed to pay a $15,500 penalty to resolve hazardous waste violations at its Sun Valley, California, facility. In June 2011, EPA found that the facility was storing hazardous waste without the proper permit. In addition, several violations were found including improper labeling, storing, and maintenance of containers holding hazardous waste.
Southern California’s I-710 freeway passes through 15 cities and unincorporated areas including Compton and Paramount where the effects of pollution are disproportionately higher than in other areas of Los Angeles County. Approximately one million people, about 70% of whom are minority and low-income households, are severely impacted by industrial activities and goods movement in the area. In a multi-year effort, federal, state, and local governments and nonprofit organizations are working together to improve the environmental and public health conditions for residents along this corridor.
ECS Refining to Pay Almost $220,000 for Hazardous Waste Violations
DTSC’s enforcement and emergency response staff discovered the violations during inspections and referred the case to the Attorney General’s Office in March 2014.
ECS also committed several electronic-waste violations, including: containers used to hold electronic devices were not structurally sound; not dismantling devices over adequate containment; personnel training deficiencies; and failure to comply with federal notification requirements for cathode ray tube (CRT) glass exports to Canada.
EPA Inspections Reveal Hazardous Waste Violations at GKN Armstrong Wheels in Estherville and Armstrong, Iowa
In a settlement filed recently in Lenexa, Kansas, the company agreed to pay a $150,031 civil penalty to the United States.
Independent inspections at the company’s Estherville and Armstrong locations revealed that the company operated each facility as a treatment, storage, or disposal facility without a RCRA permit or RCRA interim status, in that they failed to comply with waste generator requirements.
The two GKN Armstrong Wheels facilities manufacture steel wheels for the off-road industry, primarily for agricultural and construction industries. Both facilities are classified as large quantity generators (generating 1,000 kilograms of hazardous waste per month), and as small quantity handlers of universal waste (accumulating less than 5,000 kilograms of universal waste at any time). In addition, the facilities are used oil generators. All of these operations subject GKN Armstrong Wheels to regulation under RCRA.
By agreeing to the settlement with EPA, GKN Armstrong Wheels has certified that it is now in compliance with all requirements of the RCRA and its implementing regulations.
EPA Fines Clean Harbors for Hazardous Waste Violations
The EPA recently issued a consent agreement and final order to Clean Harbors Deer Park, LLC, in La Porte, Texas. The company will pay a $22,400 civil penalty and is required to take steps to protect the local community from health and environmental risks associated with hazardous waste.
An EPA inspector discovered that Clean Harbors failed to properly label hazardous containers, clean multiple spills from the container holding area, and meet secondary containment requirements.
RCRA is designed to protect public health and the environment, and avoid costly cleanups, by requiring the safe, environmentally sound storage and disposal of hazardous waste. The RCRA requirements mandate the use of safe practices which greatly reduce the chance that hazardous waste will be released into the environment.
JMD Industries Inc. Fined $292,500.00 for Hazardous Waste Violations
The decree assesses a total civil penalty of $292,500, to be paid in installments over time.
JMD, a Massachusetts corporation, conducts metal finishing at two locations in Hudson, New Hampshire. After a site inspection, NHDES determined that the spent liquids could not be recycled and should have been treated as hazardous wastes. NHDES determined that JMD’s “recycling” program was actually a way to bypass those regulations.
“The hazardous waste permitting system is designed to protect human health and the environment from the effects of hazardous chemicals. It is important for regulated entities to communicate with DES regarding permit requirements and to comply with State issued permits which are designed to safeguard our environment,” said Thomas Burack, NHDES Commissioner.
After NHDES notified JMD that its management of these spent hazardous wastes violated the law, JMD discontinued the treatment program and corrected the other violations found by DES.
P4 Production LLC Fined $600,000 for Chemical Reporting Violations
As part of the settlement, the Company has agreed to pay a $600,000 combined penalty.
P4 Production, LLC, a wholly owned subsidiary of the Monsanto Corporation, owns and operates phosphate mining and processing facilities in Soda Springs, Idaho. The Company removes phosphate ore from the ground and refines this material into elemental phosphorus. Phosphorus is used to make herbicides and is also found in a range of products including fire retardants, leavening agents, aviation fluids, and carbonated beverages.
The recent action was triggered by an initial inspection in 2009, which led to subsequent requests for more information as operational patterns at the facility began to emerge. The investigation revealed that the facility had actually accrued numerous violations between 2006 and 2009, including:
- Failure to report uncontrolled releases of hydrogen cyanide, sulfur dioxide, nitrogen oxides, and mercury
- Failure to annually report use and releases of carbonyl sulfide, phosphine, and sulfuric acid hydrogen cyanide, phosphine, and sulfuric acid as part of their required Toxic Release Inventory
Each of these chemicals is hazardous and can pose serious health risks to workers and the community if mishandled or released in an uncontrolled manner.
EPCRA Sections 304 and the CERCLA Section 103, require facilities to report releases of hazardous substances immediately if they exceed the reportable quantity. Failure to report emergency chemical releases and to submit complete and accurate TRI forms are a violation of the law.
A Union Carbide pesticide plant released methyl isocyanate (MIC) gas and other chemicals. Over 500,000 people were exposed to the gas, with the immediate death toll set at 2,259.
Duke Energy Subsidiaries Plead Guilty, Sentenced for Clean Water Act Crimes
Four of the charges are the direct result of the massive coal ash spill from the Dan River steam station into the Dan River near Eden, North Carolina, in February 2014. The remaining violations were discovered as the scope of the investigation broadened based on allegations of historical violations at the companies’ other facilities.
Under the plea agreement, both Duke Energy Carolinas and Duke Energy Progress, must certify that they have reserved sufficient assets to meet legal obligations with respect to its coal ash impoundments within North Carolina, obligations estimated to be approximately $3.4 billion.
Officials from the Environmental Protection Agency’s Office of Enforcement and Compliance Assurance, EPA’s Office of Inspector General, the Justice Department’s Environment and Natural Resources Division and the three US Attorney’s Offices in North Carolina, the Internal Revenue Service (IRS) Criminal Investigations and the North Carolina State Bureau of Investigation (SBI) made the announcement following a plea hearing at the federal courthouse in Greenville, North Carolina.
“Over two hundred sixteen million Americans rely on surface water as their source of drinking water. Duke Energy put that precious resource at risk in North Carolina as the result of their negligence,” said Assistant Administrator Cynthia Giles for EPA’s Office of Enforcement and Compliance Assurance. “Companies that cut corners and contaminate waters on which communities depend, as Duke did here, will be held accountable.”
“The massive coal ash spill into North Carolina’s Dan River last year was a crime and it was the result of repeated failures by Duke Energy’s subsidiaries to exercise controls over coal ash facilities,” said Assistant Attorney General John C. Cruden of the Justice Department’s Environment and Natural Resources Division. “The terms of these three plea agreements will help prevent this kind of environmental disaster from reoccurring in North Carolina and throughout the United States by requiring Duke subsidiaries to follow a rigorous and independently verifiable program to ensure they comply with the law.”
“Duke Energy’s crimes reflect a breach of the public trust and a lack of stewardship for the natural resources belonging to all of the citizens of North Carolina,” said US Attorney Thomas G. Walker for the Eastern District of North Carolina. “The massive release at the Dan River coal ash basin revealed criminal misconduct throughout the state—conduct that will no longer be tolerated under the Judgment imposed by the court today.”
On February 20, 2015, the three US Attorney’s Offices in North Carolina filed separate criminal bills of information in their respective federal courts, alleging violations of the Clean Water Act at the following Duke facilities: the Dan River steam station (Rockingham County), the Cape Fear steam electric plant (Chatham County), the Asheville steam electric generating plant (Buncombe County), the H.F. Lee steam electric plant (Wayne County), and the Riverbend steam station (Gaston County). The alleged violations included unlawfully failing to maintain equipment at the Dan River and Cape Fear facilities and unlawfully discharging coal ash and/or coal ash wastewater from impoundments at the Dan River, Asheville, Lee, and Riverbend facilities.
As part of their plea agreements, Duke Energy Business Services, LLC, Duke Energy Carolinas, LLC, and Duke Energy Progress, Inc., will pay a $68 million criminal fine and a total $24 million community service payment to the National Fish and Wildlife Foundation for the benefit of the riparian environment and ecosystems of North Carolina and Virginia. The companies will also provide $10 million to an authorized wetlands mitigation bank for the purchase of wetlands or riparian lands to offset the long-term environmental impacts of its coal ash basins. In addition, they will pay restitution to the federal, state, and local governments that responded to the Dan River spill and be placed on a period of supervised probation for five years.
Duke’s subsidiaries operating 18 facilities in five states, including 14 in North Carolina, will also be required to develop and implement nationwide and statewide environmental compliance programs to be monitored by an independent court appointed monitor and be regularly and independently audited. The companies’ compliance will be overseen by a court-appointed monitor who will report findings to the court and the US Probation Office as well as ensuring public access to the information.
Approximately 108 million tons of coal ash are currently held in coal ash basins owned and operated by the defendants in North Carolina. Duke Energy Corporation subsidiaries also operate facilities with coal ash basins in South Carolina (approximately 5.99 million tons of coal ash), Kentucky (approximately 1.5 million tons of coal ash), Indiana (approximately 35.6 million tons of coal ash), and Ohio (approximately 5.9 million tons of coal ash).
The companies must also meet the obligations imposed under federal and state law to excavate and close coal ash impoundments at the Asheville, Dan River, Riverbend, and Sutton facilities.
Additionally, at the insistence of the United States, the holding company Duke Energy Corporation has guaranteed the payment of the monetary penalties and the performance of the nationwide and statewide environmental compliance plans.
The criminal investigation was conducted by the EPA-CID, EPA-Region 4, EPA-OIG, IRS-CI and NC SBI with assistance from the F B I and the Department of Defense Criminal Investigative Service.
Local Government Climate Adaptation Training Module Available
EPA has released an online training module to help local government officials take actions to increase their communities’ resiliency to a changing climate. The virtual training, which lasts about 30 minutes, was developed with advice from EPA’s Local Government Advisory Committee. It illustrates how a changing climate may affect a variety of environmental and public health services, describes how different communities are already adapting to climate-related challenges, and links to a number of federal and state resources that can help communities assess their unique climate-related risks and opportunities to become more resilient to climate change.
EPA Releases Integrated Green Stormwater Infrastructure Guide
This guide identifies tools to help communities address water quality challenges through faster, cheaper, and greener methods. Experts from a variety of sectors provided input on topics such as public infrastructure financing, green infrastructure design and delivery, economic development, renewable energy, and military housing. It introduces the CBP3 approach as a means of implementing green infrastructure to meet a variety of regulatory and community needs.
Pennsylvania DEP Announces $20,750 Settlement against Casella Waste Management of Pennsylvania Inc.
The Pennsylvania Department of Environmental Protection (DEP) recently announced a settlement of $20,750 with Casella Waste Management of Pennsylvania, Inc., (Casella) for multiple violations of the Solid Waste Management Act at the McKean County Landfill in Kane from May to August 2014.
In lieu of a $15,750 portion of the monetary civil penalty payment to the Department, Casella and DEP agreed to a Community Environmental Project (CEP) in which 315 tons of landfill disposal capacity will be provided by Casella for the disposal of solid waste generated by the demolition and removal of building structures located on blighted properties throughout McKean County.
Casella Waste Management incurred the penalty for failing to maintain the land area intended to prevent leachate from leaving the lined disposal area. The failure resulted in the release of leachate. Other violations included an excessive volume of exposed waste on the landfill, inadequate intermediate cover placed over waste, and leaking containers of residual waste stored outside of the lined disposal area.
In May 2014, DEP inspected the McKean County Landfill three times. During the inspections, DEP observed the waste slope as too steep, exceeding the 50% grade limit. . As a result, heavy rains caused solid waste, cover soil, and leachate to flow over the lined perimeter berm. Two Notices of Violation (NOV) were issued for the violations identified during DEP’s inspections.
On August 1, DEP again inspected the landfill and observed eight leaking containers filled with residual waste that were stored outside of the lined disposal area. Inspectors also found a high volume of exposed waste with inadequate cover throughout the site. It was also determined that one slope still exceeded the grade limit and, as a result, several erosion gullies had formed on some slopes. An additional NOV was issued on August 5 for these violations. Casella has paid the $5,000 penalty balance to DEP.
Blighted properties are a growing problem in McKean County. In 2013, the county commissioners created a Blight Property Task Force to address the problem. DEP believes that providing the task force with 315 tons of landfill disposal will play a big role in addressing this issue. By providing free disposal, the county will be able to address more blighted properties in an economic way.
According to the agreement, only waste generated from the demolition of structures on blighted properties in McKean County and approved in writing by both the task force and the McKean County Commissioners will be eligible for free disposal under the settlement.
EPA Requires Honolulu to Prevent Hazardous Air Emissions at Kapaa Landfill
The EPA recently announced a settlement with the City and County of Honolulu to resolve air violations at its closed Kapaa Landfill in Kailua, Oahu by agreeing to pay nearly $17 million—$16.1 million solar power system and a penalty of $875,000. This environmental project involves the installation of photovoltaic arrays on more than 250,000 square feet of buildings and open space area at the city’s waste-to-energy H-POWER facility by 2020.
The city failed to install and operate the gas collection and control system by its deadline in 2002. The gas collection and control system at the landfill was not in place until April 2013, and is currently operational.
“Air emissions from a closed landfill are toxic, and can contribute to global warming,” said Jared Blumenfeld, EPA’s Administrator for the Pacific Southwest. “If the proper systems had been in place at the landfill, over 343,000 tons of methane, and 6,800 tons of hazardous air pollutants and volatile organics would not have escaped to the atmosphere.”
Honolulu is the owner/operator of the 215-acre landfill, which also includes the smaller adjacent Kalaheo Landfill. The landfill first received solid waste in 1969 and closed in May 1997. From 1990 to 2002, Gas Recovery Systems, Inc., installed and operated a gas collection system and turbine on behalf of the city for the generation of electric energy. GRS ceased operation of the gas turbine due to its failure in 2002.
Effective gas controls at a landfill reduce the release of hazardous gases such as benzene, carbon tetrachloride, chloroform, ethylene dichloride, perchloroethylene, trichloroethylene, vinyl chloride, and vinylidene chloride. Many air pollutants identified in landfill gas are either known or suspected carcinogens. Air emissions of methane from landfills can also contribute to global methane levels, a GHG with about 25 times the global warming potential of carbon dioxide.
“This settlement holds Honolulu accountable for past failures to collect and control toxic gases and greenhouse gas emissions from the Kapaa Landfill, but it also lays the foundation for better environmental stewardship in the future,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “Residents who call Oahu home will realize the benefits of this agreement—which includes clean solar power production and reduced reliance on fossil fuels—for many years to come.”
The solar panels will be installed at the City’s H-POWER (Honolulu Program of Waste Energy Recovery) facility in Campbell Industrial Park. The new solar panels will have a capacity of 3.1 megawatts and will generate over 5.0 million kilowatt-hours of electricity per year, enough to power 800 Oahu households on average. This action will lead to less reliance on fossil fuels on Oahu.
Blue Springs Siding and Windows LLC Violates Renovation, Repair, and Painting Rule
As part of a settlement with EPA, the company has agreed to pay a $13,566 penalty to the United States.
According to an administrative consent agreement and final order filed by EPA Region 7 in Lenexa, Kansas, the inspection revealed that Blue Springs Siding and Windows, LLC, failed to maintain records of lead-safe work practices on two properties in Kansas City, Missouri, and had not applied to become an EPA-certified firm at the time of the renovation work. The RRP Rule regulates lead-based paint activities, including renovation of residences built prior to 1978, and the certification of individuals and firms who are involved in these activities.
Blue Springs Siding and Windows subcontracted the renovations at the properties where the violations occurred. Under the RRP Rule, general contractors can be held liable for renovation work that subcontractors perform for the company. The general contractor and subcontractors must comply with all RRP Rule requirements. This includes record-keeping requirements (for example, handing out the Renovate Right pamphlet, keeping Lead-Safe Work Practices checklists, etc.) and work practices requirements (for example, training workers, putting up appropriate signs, using disposable impermeable material to contain dust and debris, etc.).
Lead exposure can cause a range of adverse health effects, from behavioral disorders and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing. Today at least 4 million households have children who are being exposed to high levels of lead.
There are approximately half a million US children ages 1–5 with blood-lead levels above 5 micrograms per deciliter (µg/dL), the reference level at which the Centers for Disease Control recommends public health actions be initiated.
Randy’s Trucking, Inc., Fined $524,675 for Breaking Air Quality Laws
Randy’s Trucking, Inc., will pay $524,675 to the Air Resources Board for violating a variety of air quality regulations. The case is the largest ever settled for failure to comply with California’s landmark Truck and Bus Regulation, which is helping to cut harmful diesel emissions throughout the state.
“It’s vital for businesses to know that we can’t relax our standards or make exceptions when it comes to protecting public health,” said ARB Enforcement Chief Jim Ryden. “Fortunately fines this high are rare and company owners are being more proactive in making their diesel fleets compliant. Randy’s Trucking has been cooperative and is working towards full compliance on an approved schedule that reflects their commitment to upgrading their equipment.”
The Bakersfield-based company will pay $392,755 to the Air Pollution Control fund to support air quality research, and $130,920 to the San Joaquin Valley Air Pollution Control District to clean up school bus fleets throughout the state.
An investigation by the ARB showed that Randy’s Trucking, Inc., failed to clean up its fleet according to the timetable set forth in the statewide Truck and Bus Regulation. The rule requires owners of diesel vehicles with a Gross Vehicle Weight Rating greater than 26,000 lb meet specific compliance deadlines according to engine model year. Randy’s Trucking failed to meet these requirements for all its 1996 through 2006 model year heavy-duty vehicles.
In addition, Randy’s did not properly self-inspect its diesel trucks to ensure that they met state smoke emission standards as required by state law. The company also failed to check that engines were properly labeled, or ensure their trucks met annual emissions compliance requirements.
Randy’s Trucking, Inc., has since agreed to pay its fine and will also follow all requirements of California’s Periodic Smoke Inspection Program, Emission Control Label Regulation, and the Statewide Truck and Bus Regulation. The company has also agreed to send fleet maintenance representatives to attend classes conducted by the California Council on Diesel Education and Technology, submit all relevant compliance records, and complete Low NOx software upgrades on all applicable heavy-duty diesel engines.
Diesel exhaust contains a variety of harmful gases and more than 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.
Doosan Infracore Company Fined $647,500 for Certification Violations
The California Air Resources Board recently announced that Doosan Infracore Company Ltd., has agreed to a settlement totaling $647,500 to resolve violations of the California Health and Safety Code related to the modification of pollution controlled engines in California.
This settlement is the result of a voluntary self-disclosure of field modifications made to emission-controlled 2010-2012 heavy-duty compressed natural gas engines. These modifications were implemented by Doosan field representatives, in response to customer operational issues on previously certified engines. The disclosure of these actions to the Air Resources Board was made immediately upon discovery by Doosan’s Engine Quality Assurance Group ensuring emission compliance.
In announcing the settlement, ARB Enforcement Chief James Ryden said, “We appreci