A review of a sample of manifests returned to the EPA found that some shipments occurred outside the consented time frame, incorrectly identified the generator, or had unusually long transit times. More than half of the manifests reviewed were not accompanied by an EPA consent letter or other acceptable documentation as required by federal regulations. The Inspector General’s report states that the EPA letters consenting to imports did not consistently include sufficient information to verify that the types of hazardous waste shipped are those that have received consent.
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.
New Exclusions for Solvent Recycling and Hazardous Secondary Materials
EPA’s new final rule on the definition of solid waste will present new opportunities for waste recycling outside the scope of the full hazardous waste regulations. This rule, which goes into effect on July 13, 2015, will maintain critical environmental protections while streamlining the regulatory burden for wastes that are legitimately recycled.
The first of the two exclusions is an exclusion from the definition of solid waste for high-value solvents transferred from one manufacturer to another for the purpose of extending the useful life of the original solvent product by keeping the materials in commerce to reproduce a commercial grade of the original solvent product.
The second, and more wide-reaching of the two exclusions, is a revision of the existing hazardous secondary material recycling exclusion. This exclusion allows you to recycle, or send off-site for recycling, virtually any hazardous secondary material, and it will not meet the definition of solid waste. Provided you meet the terms of the exclusion, the material will no longer be hazardous waste.
Learn how to take advantage of these exclusions at Environmental Resource Center’s live, one-hour webcast, where you will learn:
- Which of your materials qualify under the new exclusions
- What qualifies as a secondary material
- Which solvents can be remanufactured, and which cannot
- What is a tolling agreement
- What constitutes legitimate recycling
- What your generator storage requirements are
- What documentation you must maintain
- What your off-site shipping requirements are
- What your training and emergency planning requirements are
- If it is acceptable for the recycler to be outside the U.S.
Learn EPA’s Revised Underground Storage Tank Regulations
EPA has revised the federal Underground Storage Tank (UST) regulations for all facilities—including those with emergency generator tanks. The new regulations are the first major revisions to the federal UST regulations published in 1988.
The new rules require the use of equipment to reduce releases to the environment, as well as detect releases should they occur.
Attend Environmental Resource Center’s live, 90-minute webcast on August 3rd to learn how to meet the UST requirements that impact your site. You will learn:
- Existing UST regulations and requirements
- EPA’s approved leak detection methods
- New UST requirements for:
- Secondary containment for new and replaced tanks and piping
- Operator training
- UST system capability for certain biofuel blends
- Operation and maintenance for UST systems
- Removed deferrals for emergency generator tanks, airport hydrant systems, and field constructed tanks—making these tanks fully regulated
- Updating codes and practices
Raleigh Environmental, Safety, and Transportation Training
Macon RCRA and DOT Training
Cleveland RCRA and DOT Training
EPA Issues New Industrial Stormwater General Permit
At this interactive session, you will learn how to:
- Obtain a stormwater discharge permit
- Develop and implement an effective SWPPP
- Select and implement effective control measures (including best management practices)
- Develop and document inspection procedures
- Implement an effective monitoring and sampling plan
- Meet your permit’s training requirements
- Comply with reporting and recordkeeping requirements
- Certify no-exposure
- Comply with permit renewal requirements
- Terminate permit coverage
New SmartWay 3PL Tool Helps Companies Calculate and Track Emissions
This tool lets logistics companies calculate their companies' annual CO2, NOx, and PM emissions and track annual changes in performance.
New Initiative to Increase Solar Access
Last year, the U.S. brought online as much solar energy every three weeks as it did in all of 2008, and the solar industry added jobs 10 times faster than the rest of the economy. Since the beginning of 2010, the average cost of a solar electric system has dropped by 50%. The executive actions and private sector commitments will help continue to scale up solar for all Americans, including those who are renters, lack the startup capital to invest in solar, or do not have adequate information on how to transition to solar energy. The key components of the initiative are:
- Launching a National Community Solar Partnership to unlock access to solar for the nearly 50% of households and business that are renters or do not have adequate roof space to install solar systems, including issuing a guide to Support States In Developing Community Solar Programs;
- Setting a goal to install 300 megawatts (MW) of renewable energy in federally subsidized housing and providing technical assistance to make it easier to install solar, including clarifying how to use Federal funding;
- Housing authorities, rural electric co-ops, power companies, and organizations in more than 20 states across the country are committing to put in place more than 260 solar energy projects, including projects to help low- and moderate- income communities save on their energy bills and further community solar; and
- More than $520 million in independent commitments from philanthropic and impact investors, states, and cities to advance community solar and scale up solar and energy efficiency for low- and moderate- income households.
To continue enhancing employment opportunities for all Americans in the solar industry, the Administration is announcing the following executive actions and private sector commitments, including:
- AmeriCorps funding to deploy solar and create jobs in underserved communities;
- Expanding solar energy education and opportunities for job training; and
- The solar industry is also setting its own, independent goal of becoming the most diverse sector of the U.S. energy industry, and a number of companies are announcing that they are taking steps to build a more inclusive solar workforce.
These new actions build on President Obama’s goal to train 75,000 workers to enter the solar industry by 2020 and the Solar Ready Vets program that will train transitioning military personnel for careers in the solar industry at 10 military bases.
EPA Seeks Public Input on Binational Phosphorus Reduction Targets to Combat Lake Erie Algal Blooms
EPA is seeking public input on proposed phosphorus reduction targets to combat harmful algal blooms in Lake Erie. The Great Lakes Water Quality Agreement requires the U.S. and Canada to adopt targets to reduce excess phosphorus levels for Lake Erie by early 2016.
“The United States and Canada are committed to cutting phosphorus levels to protect Lake Erie from harmful algal blooms,” said U.S. EPA Region 5 Administrator/Great Lakes National Program Manager Susan Hedman. “Public input is an important part of the process as both countries work to meet the 2016 deadline to adopt final phosphorus reduction targets.”
In 2013, a binational workgroup was convened to develop recommended phosphorus reduction targets for Lake Erie. The workgroup included representatives from federal, state and provincial environmental and agricultural agencies, as well and academic experts and members of nongovernmental organizations. The recommendations call for a 40% reduction in:
- Total phosphorus entering the Western Basin and Central Basin of Lake Erie from the U.S. and Canada
- Spring total and soluble reactive phosphorus loads from the Maumee River; and
- Spring total and soluble reactive phosphorus loads from the following watersheds where localized algae is a problem
Road Construction Project Fined $46,000 for Stormwater Violations
St. Louis County is the owner of the two-mile project. The county hired Hammerlund Construction to conduct grading and other related services at the site.
Project work began in November 2012. Construction activities disturbed 42 acres and led to eroding sediment impacting wetlands adjacent to the site, into Merritt Creek, a designated trout stream, and another unnamed creek.
Three subsequent inspections between June and November yielded new and ongoing violations. By June 2014, much of the excess sediment has washed downstream. Four months later, the county and Hammerlund advised the MPCA that they had made corrective actions and described steps they would take in the future.
Construction sites disturbing more than one acre of land are required, by permit, to incorporate permanent stormwater treatment practices into each project. The permittee must notify the MPCA when uncontrolled materials pollute state waters, have and follow a pollution prevention plan, incorporate related stormwater controls and best management practices, and follow all corrective actions as documented by the inspection reports. All are violations of the state construction stormwater permit that regulates discharges to state waterways.
Because they did not follow the permit's requirements, St. Louis County and Hammerlund Construction were required to perform corrective actions and pay a $46,000 civil penalty.
When calculating penalties, the MPCA takes into account how seriously the violations affected the environment, whether they were first-time or repeat violations, and how promptly the violations were reported to authorities. The agency also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner.
Minnesota law requires governmental units and contractors to apply for a stormwater permit when construction projects disturb more than one acre of soil.
New National Poll Finds 90% of American Voters Support the Endangered Species Act
These poll results arrive as the U.S. House of Representatives votes on the Department of the Interior spending bill which includes more than 25 anti-environmental “riders,” including political attacks that undermine the Endangered Species Act and block vital species protections.
The poll, conducted in June for Defenders of Wildlife and Earthjustice, shows that 90% of Americans support upholding the Endangered Species Act. Other poll results:
- 68% of registered voters are more likely to vote for a member of Congress who supports environmental safeguards like the Endangered Species Act, the Clean Air Act and the Clean Water Act.
- 71% of registered voters believe that decisions about which species should or should not be protected under the Endangered Species Act should be made by U.S. Fish and Wildlife Service biologists, not by members of Congress.
- 66% of respondents reject the false choice between jobs or economy and protection of species and agree that the law is necessary to prevent species from going extinct. This plurality believes we can protect our natural heritage for future generations while growing our economy and creating jobs. 24% agree with critics who contend that the law hurts our economy and destroys jobs.
Jamie Rappaport Clark, President and CEO of Defenders of Wildlife issued the following statement: “Congress is on the wrong side of public opinion on this issue. The vast majority of Americans strongly believe in upholding the Endangered Species Act and that’s what they want their elected officials to do. But that’s not what is happening. What we are witnessing in Congress today is a full-fledged attack on our bedrock environmental laws—the Endangered Species Act, The Clean Air Act and the Clean Water Act. We need a Congress that puts the best interests of the American public before the wishes of polluters and special interests.”
Trip Van Noppen, President of Earthjustice, issued the following statement: “Congress passed the Endangered Species Act with an overwhelming bipartisan majority more than 40 years ago. And an overwhelming majority of Americans continue to support the goals of this vital law. This Congress is obviously listening to Big Oil and other special interests—not the American public—in its mad dash to deny protections for endangered species.”
Background
From June 25–29, 2015, Tulchin Research conducted a scientific survey online among a representative sample of 600 registered voters across the U.S. The margin of error for this survey is +/- 4 percentage points.
This Congress has already established itself as one of the most environmentally hostile congresses in history. Since January, Members of Congress have introduced over 50 proposals that would cripple endangered species conservation. Some legislative proposals put specific imperiled wildlife species on the chopping block, while others attack core provisions of the Endangered Species Act itself. In the next week, the U.S. House of Representatives is expected to finish consideration of the H.R. 2822, the FY 2016 Interior, Environment, and Related Agencies appropriations bill which includes three species-specific policy riders that would undermine the Endangered Species Act. Many more anti-ESA amendments a re anticipated to be offered as the bill is considered on the floor of the House.
Other bills or amendments that have been proposed in this Congress attack the most important provisions of the Endangered Species Act itself. One particularly outrageous bill proposed by Senator Rand Paul (R-KY), S. 855, encompasses a sweeping array of destructive and damaging amendments to the Endangered Species Act. For example, the bill would allow state governors to take over regulation of any endangered species whose range is limited within the boundaries of just one state, banning federal protection for those species. More than half of all listed U.S. species, including all listed species in Hawaii, would fall under this sweeping exception and could lose federal protection if this bill became law.
Chief Mate Sentenced to Three Months in Prison for Environmental Crimes
Valerii Georgiev, a Russian citizen and the former chief mate of the ocean cargo vessel M/V Murcia Carrier, was sentenced to a term of three months prison for failing to maintain an accurate oil record book in violation of the Act to Prevent Pollution from Ships (APPS), by the Honorable Joseph Rodriguez, the Department of Justice Environment and Natural Resources Division and the U.S Attorney’s Office for the District of New Jersey announced.
APPS requires vessels like the M/V Murcia Carrier to maintain a record known as an oil record book in which all transfers and disposals of oil-contaminated waste, including the discharge overboard of such waste, must be fully and accurately recorded.
On April 27, 2014, at the direction of Georgiev, crew members on board the M/V Murcia Carrier dumped overboard several barrels containing some hydraulic oil. While Georgiev disputes the number of barrels dumped into the sea, the government believes that approximately 20 barrels of hydraulic oil were dumped overboard. The dumping occurred in international waters off the coast of Florida while the vessel was in transit from Costa Rica to New Jersey. The dumping was not recorded in the ship’s oil record book. During the course of the Coast Guard boarding, Georgiev denied that dumping occurred and instructed crew members on board the vessel to deny that dumping had occurred.
On June 17, 2015, Norbulk Shipping UK Ltd, a company in Glasgow, United Kingdom and operator of the M/V Murcia Carrier pleaded guilty failing to maintain an accurate oil record logbook and providing false statements with respect to the vessel’s garbage record book. The company was sentenced to pay a fine of $750,000 and placed on probation for three years.
The case was investigated by U.S. Coast Guard Sector Delaware Bay and the U.S. Coast Guard Investigative Service. The case was prosecuted by Joel La Bissonniere of the Environmental Crimes Section of the Department of Justice and Assistant U.S. Attorneys Kathleen O’Leary and Matthew Smith of the U.S. Attorney’s Office of the District of New Jersey.
Recycling Fraud Border Bust—Third Arrest of 2015
For the third time in 2015, a truck driver faces charges for smuggling out-of-state used beverage containers across California’s state border in an attempt to defraud the California Redemption Value (CRV) fund. With this latest arrest, the Department of Resources Recycling and Recovery (CalRecycle) reaffirms its commitment to protect California funds with vigorous prevention and enforcement efforts.
“Our enforcement partners with the California Department of Justice’s Recycling Fraud Team are relentless when it comes to locating, surveilling and ultimately disrupting these CRV fraud schemes,” CalRecycle Acting Director Ken DaRosa said. “From the monitoring of recycling centers, in-state and out- of-state, to the continued vigilance at California’s border agricultural checkpoints, illegal haulers should know that we are going all-out to shut them down.”
CalRecycle works closely with the California Department of Justice (DOJ) and Department of Food and Agriculture to enforce CRV fraud-prevention efforts.
Cesar Vargas of Compton, California, was arrested by DOJ Recycling Fraud Team agents on June 23, 2015. While conducting surveillance on recycling centers in Phoenix, Arizona, agents spotted a red semi with a white trailer labeled “Franklin Express” of Compton being loaded with used beverage containers at an undocumented business at 4235 W. Clarendon Ave. More than three hours after its departure, the semi arrived at the Blythe Agricultural Checkpoint in Riverside County, where a driver, later identified as Vargas, told inspectors his trailer was empty. A subsequent inspection revealed nearly 7,000 pounds of plastic and aluminum used beverage containers worth an estimated $7,136.
Vargas was arrested on recycling fraud and attempted grand theft charges, his truck was impounded, and his arraignment is set for August 18.
California’s Beverage Container Recycling and Litter Reduction Act incentivizes recycling through a CRV fee paid by California consumers at the time of purchase and refunded upon return of the empty beverage containers. Since the fee is not paid by out-of-state consumers, out-of-state beverage containers are not eligible for CRV redemption.
CalRecycle aggressively combats fraud through enhanced training of recycling center owners, increased scrutiny of payment claims, daily load limits, and increased enforcement and inspection efforts with cooperation from California’s DOJ and CDFA’s agricultural checkpoints
EPA Removes Tons of Contaminated Soil from New Mexico Residences
EPA has completed the removal of thousands of tons of contaminated soil from eight residential properties near San Mateo, New Mexico, known as the Crossroads area.
“It is important that we address contamination that is too close to homes,” said EPA Regional Administrator Ron Curry. “At EPA, we are working with our partners to make a visible difference in communities and provide everyone an environment where they can thrive.”
Workers excavated 6,900 cubic yards of soil contaminated with excess gamma radiation from the eight properties and replaced it with clean soil. The excavated material included four to six inches of topsoil, as well as a large amount of old contaminated backfill that was discovered under it. All the contaminated soil was transported to a licensed disposal facility. Two residences with elevated radon levels also had radon abatement systems installed.
An area known as the Grants Mining Belt produced much of the world’s uranium from the 1950s to the late 1990s. The belt extends along the southern margin of the San Juan Basin in Cibola, McKinley, Sandoval, and Bernalillo Counties and on tribal lands in New Mexico. During this period, the Crossroads area was surrounded by many working uranium mines and two large uranium mills. As trucks transported uranium ore from the mines to the mills, contaminated debris routinely spilled onto roads, where it was left to further contaminate nearby properties. EPA will continue working with state, local, tribal, and federal partners to assess and address health risks and environmental effects of the abandoned mines.
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Trivia Question of the Week
Which new technique is being researched as a way to reduce agricultural waste?
a) Making clothes from gelatin yarn
b) Raising smaller cows
c) Reducing amount of fiber in livestock diets
d) All of the above