The EPA is proposing to amend requirements under the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) to improve the nation’s ability to plan for and respond to oil spills.
“Our emergency officials need the best available science and safety information to make informed spill response decisions when evaluating the use of specific products on oil discharges,” said Mathy Stanislaus, assistant administrator for EPA’s Office of Solid Waste and Emergency Response. “Our proposed amendments incorporate scientific advances and lessons learned from the application of spill-mitigating substances in response to oil discharges and will help ensure that the emergency planners and responders are well-equipped to protect human health and the environment.”
The proposed Subpart J revisions include:
- New and revised product toxicity and efficacy test methodologies for dispersants, and other chemical and biological agents
- New toxicity and efficacy criteria for listing agents on the Subpart J Product Schedule
- Additional human health and safety information requirements from manufacturers
- Revised area planning requirements for chemical and biological agent use authorization
- New dispersant monitoring requirements when used on certain oil discharges
Dispersant manufactures will be able to use a new, well-tested and peer reviewed laboratory method for determining the effectiveness of their dispersant on two types of crude oils at two temperatures measured against proposed performance criteria. The agency is also proposing an aquatic toxicity threshold such that products that meet both the performance and toxicity criteria will offer greater performance at less environmental impact.
EPA is also proposing product chemical ingredient disclosure options and new evaluation criteria and a process for removing products from the Product Schedule.
Learn DOT’s New Rules for Lithium Battery Shipments
These changes are designed to ensure that lithium cells and batteries are able to withstand normal transportation conditions and are packaged to reduce the possibility of damage that could lead to an unsafe situation.
- 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.
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Update on Revisions to the Definition of Solid Waste
In Environmental Resource Center’s December 22 Tip-of-the-Week, we summarized EPA’s proposal to redefine solid waste in order to tighten up on the requirements for recycling certain hazardous materials
EPA Releases 2013 Toxics Release Inventory National Analysis
The report, published recently, shows that approximately 22 billion lb—or 84%—of the 26 billion lb of toxic chemical waste were instead managed through the use of preferred practices such as recycling. Of the 4 billion lb that were disposed of or otherwise released to the environment, 66% went to land, 19% to air, 5% to water, and 10% was transferred to other facilities.
From 2012 to 2013, the amount of toxic chemicals managed as waste by the nation's industrial facilities increased by 4%. This increase includes the amount of chemicals recycled, treated, and burned for energy recovery, as well as the amount disposed of or otherwise released into the environment. In TRI, a "release" generally refers to a chemical that is emitted to the air, water, or placed in some type of land disposal. Most of these releases are subject to a variety of regulatory requirements designed to limit human and environmental harm.
"We all have a right to know what toxic chemicals are being used and released into our environment, and what steps companies are taking to reduce their releases to the environment or, better yet, prevent waste from being generated in the first place,” said EPA Administrator Gina McCarthy. “The TRI Program tracks this information and makes it accessible to citizens and communities. And I'm pleased to see that TRI data show such a commitment to release reductions and pollution prevention on the part of many industrial facilities.”
TRI data is submitted annually to EPA, states, and tribes by facilities in industry sectors such as manufacturing, metal mining, electric utilities, and commercial hazardous waste.The Pollution Prevention Act of 1990 also requires facilities to submit information on pollution prevention and other waste management activities related to TRI chemicals.
Over the past 10 years, total disposal or other releases to the environment have decreased 7%, despite a 15% increase from 2012 to 2013. The most recent increase was primarily due to increases in on-site land disposal from the metal mining sector, as has been the case in previous years. Metal mines typically handle large volumes of material. In this sector, a small change in the chemical composition of the deposit being mined can lead to big changes in the amount of toxic chemicals reported nationally.
Air releases from industrial facilities increased by 1% from 2012 to 2013, mainly due to increases from chemical manufacturing facilities and electric utilities that also experienced an increase in production. From 2012 to 2013, releases to water decreased by 2%, primarily due to decreases from the primary metals sector.
The TRI report is available in a new interactive, Web-based format that features analyses and interactive maps showing data at a state, county, city, and zip code level.
EPA Proposes SNUR for PFOA and Similar Chemicals
“Through our environmental stewardship program, eight companies have helped us make real progress to reduce these chemicals as evidenced in the CDC findings” said Jim Jones, assistant administrator for EPA’s Office of Chemical Safety and Pollution Prevention. “We will continue that progress now that all importers and other domestic manufacturers will be required to give EPA an opportunity to review and restrict uses of these perfluorinated chemicals.”
The recent action builds on several EPA has taken since 2006, when reaching an agreement with companies to phase-out the chemicals by the end of 2015. Participating companies are on track to phase-out the chemicals by the end of 2015 and have successfully developed over 150 alternatives. EPA is also releasing the 2013 and 2104 companies’ progress in meeting the 2015 phase-out goal.
These chemicals are used in a wide range of industrial applications and consumer goods, including cleaners, textiles, carpet, leather, paper and paints, fire-fighting foams, and wire insulation. These chemicals are toxic, persist in the environment worldwide, and can accumulate in people and animals.
EPA is proposing this Significant New Use Rule (SNUR) for Long-Chain Perfluoroalkyl Carboxylate chemicals in part in anticipation of this 2015 phase-out deadline. In 2013, EPA issued a final Significant New Use Rule for use of perfluorinated chemicals in carpets and carpet aftercare products. EPA has also issued other Significant New Use Rules on perfluorinated chemicals, including perfluorooctane sulfonate (PFOS) and perfluoroalkyl sulfonates (PFAS) that were voluntarily phased-out of production.
This proposal requires that anyone who intends to import these perfluorinated chemicals, including in products, or domestically produce or process these chemicals for any new use submit a notification to EPA at least 90 days before beginning the activity. This notice will provide the agency with an opportunity to evaluate the new use and, if necessary, take action to prohibit or limit the activity.
Texas to Eliminate Air Emission Reporting Requirements for Small Sources
Parts of 30 Texas Administrative Code (TAC) §101.201(h) and ?101.211(f) apply to sources not otherwise required to report an annual emissions inventory, and require these sources to annually report emissions and the number of events from emissions events (EE) or maintenance, startup, or shutdown (MSS) activities. These reporting requirements currently apply to sources that are experiencing at least one EE or MSS activity and are located in nonattainment areas, maintenance areas, early action compact areas, Nueces County, or San Patricio County. These sources are required to report the number of EE and MSS activities and the amount of reportable and non-reportable emissions by mixture or compound.
Reportable amounts of emissions are also collected and available in the State of Texas Environmental Electronic Reporting System (STEERS). Because of the quantities of emissions reported statewide under this requirement have remained less than 150 tons per year for either VOC or NOx and the reportable data are available in STEERS, the data are not significant for air quality planning activities. Staff time is used to review and enter this data and costs are incurred annually for database maintenance.
The Texas Commission on Environmental Quality plans to withdraw ?101.201(h) and ?101.211(f) Because this reporting is not a requirement of the Federal Clean Air Act, the agency had determined that no State Implementation Plan revision is needed for this rulemaking.
Plans to Cut Methane Emissions Announced
The Obama Administration announced that it is committed to taking responsible steps to address climate change. As part of that effort the Administration is announcing a new goal to cut methane emissions from the oil and gas sector by 40–45% from 2012 levels by 2025, and a set of actions to put the US on a path to achieve this ambitious goal.
US oil production is at the highest level in nearly 30 years, providing important energy security and economic benefits. The US is also now the largest natural gas producer in the world, providing an abundant source of clean-burning fuel to power and heat American homes and businesses. Continuing to rely on these domestic energy resources is a critical element of the President’s energy strategy. At the same time, methane—the primary component of natural gas—is a potent greenhouse gas (GHG), with 25 times the heat-trapping potential of carbon dioxide over a 100-year period.
Methane emissions accounted for nearly 10% of US GHG emissions in 2012, of which nearly 30% came from the production transmission and distribution of oil and natural gas. Emissions from the oil and gas sector are down 16% since 1990 and current data show significant reductions from certain parts of the sector, notably well completions. Nevertheless, emissions from the oil and gas sector are projected to rise more than 25% by 2025 without additional steps to lower them. For these reasons, a strategy for cutting methane emissions from the oil and gas sector is an important component of efforts to address climate change.
Carl Bolander and Sons Construction Co. Penalized for Stormwater Violations
These violations allowed sediment to discharge into several wetlands on the construction site, which is next to the Mississippi River. Large amounts of sediment entering wetlands, streams or rivers can negatively affect water quality and harm aquatic life. Violations included failure to stabilize exposed soils; failure to remove sediment deposited into wetlands; failure to install perimeter controls; failure to maintain, repair or replace silt fencing; and failure to provide inspection and maintenance records requested by MPCA staff.
The construction company has paid a $29,385 civil penalty and completed a series of corrective actions.
When calculating penalties, the MPCA takes into account how seriously the violation affected the environment, whether it is a first time or repeat violation, and how promptly the violation was reported to appropriate authorities. It also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner.
EPA Inspection Finds Clean Air Act Violations at Fort Dodge, Iowa, Water Treatment Plant
According to an administrative compliance order on consent filed by EPA Region 7 in Lenexa, Kansas, the Agency conducted an inspection of chlorine handling at the water treatment facility in August 2013, which revealed numerous violations. The inspection revealed that the facility failed to develop and implement a Risk Management Program, failed to certify annually that operating procedures are current and accurate, and failed to develop and implement safe work practices, among other violations. The Chemical Accident Prevention regulations are designed to prevent accidental releases of extremely hazardous substances and reduce the impact of releases that do occur.
As a result of the consent order, the John T. Pray Water Treatment Plant must develop and implement a Risk Management Program by July 31, 2015, as required by federal regulations, and submit a plan to EPA. The rule requires water plants that use chlorine gas to follow the current chlorine industry standards and practices.
Facilities holding more than 2,500 lb of chlorine gas in a process are required to comply with EPA’s Risk Management Program regulations. The John T. Pray Water Treatment Plant routinely stores and uses three to four times that amount of chlorine gas.
In addition to preventing accidental releases of extremely hazardous substances, the water treatment plant’s plan is available to help local fire, police, and emergency response personnel prepare for and respond to chemical emergencies at the facility. Making the plans available to the public also fosters communication and awareness to improve accident prevention and emergency response practices at the local level.
St. Mark's School Fined $5,500 for Violations of Groundwater Discharge Permit Requirements
St. Mark's School of Southborough has been assessed a $5,500 penalty by the Massachusetts Department of Environmental Protection (MassDEP) to resolve violations of the school's groundwater discharge permit for its wastewater treatment facility, located on the high school campus on Marlborough Road in Southborough.
MassDEP inspections in May 2014 identified maintenance problems at the school's disposal facility that resulted in partially treated effluent bypassing the sand filter units and being discharged on to the ground.
As part of a consent order, the school must pay the penalty and correct the violations and restore proper operation of the treatment facility. The school must also provide documentation to MassDEP when all corrective actions have been completed.
"Proper operation and maintenance of this wastewater facility is essential to protect the surrounding groundwater quality and the public health," said Lee Dillard Adams, director of MassDEP's Central Regional Office in Worcester. "Routine maintenance of wastewater treatment facilities saves money in the long term."
Fishing Vessel Owner Fined for 2013 Seattle Spill
The Washington Department of Ecology has fined Lynden-based Alaskan Leader Fisheries, LLC, $11,000 for a 2013 oil spill to Elliott Bay from one of its fishing vessels in Seattle.
The Bristol Leader, a 167-foot catcher-processor, spilled 181 gallons of diesel fuel into the bay on September 13, 2013, while taking on fuel from a tank truck at Terminal 91.
Incoming fuel—intended for empty tanks on the Bristol Leader—went instead to a partly full tank. Ecology determined that the vessel’s chief engineer had not followed the company’s written procedures and loading plan. These specified which tanks would receive fuel and in what order, and required the chief engineer to monitor tank levels and valve settings.
“Each fuel transfer requires full care and attention to every step.”
Fuel flowed out of a fuel tank air vent and quickly filled a surrounding 49-gallon containment bin. Fuel then flowed across the deck and overboard. An oil spill containment boom had been placed around the Bristol Leader before fueling began, which kept most of the fuel from spreading beyond the waters immediately around the vessel.
Alaskan Leader Fisheries did not immediately report the spill as required by Washington law. The company delivering the fuel to the Bristol Leader made the initial report. The vessel owner had no prior Washington spills, and cooperated with the spill cleanup response and follow-up investigation.
Besides the $11,000 fine, Ecology has billed the vessel owner $1,715 for the state’s costs to respond to the spill and oversee the cleanup of oil. Earlier, the state also issued a $1,966 assessment for damage the spill caused to the public’s natural resources, based on the amount spilled and the resources exposed. Alaskan Leader Fisheries paid this assessment in March 2014.
Homeowner Convicted of Illegal Sewage Discharge
Attorney General Brian E. Frosh announced recently that the owner of Delmar, Maryland, rental home who rigged an illegal system to divert raw sewage into a Chesapeake Bay tributary has been convicted of environmental crimes.
Marie J. Marius, a resident of Laurel, Delaware, pleaded guilty last week to misdemeanor charges of water pollution and the improper alteration of a sewage system at a home she owns with her husband on Bi-State Boulevard in Delmar. She must pay $12,000 to the Maryland Clean Water Fund and perform 75 hours of community service. She will also be on probation for three years, Retired Judge John L. Norton ordered during sentencing in Wicomico County District Court.
"When people willfully and knowingly take steps that harm our environment, we will not tolerate it," Frosh said. "This was an egregious case, and I am glad that justice was served."
The case stemmed from a complaint lodged by tenants who moved into the house in 2013. In February 2013, the tenants contacted the owners—Marie Marius and her husband, Darnell—to tell them that sewage was backing up into sinks and the bathroom tub, the toilet wouldn't flush, and that strong odors were permeating the house.
The Mariuses then hired a worker to install a discharge pipe from the failing sewer system into a wooded area of the backyard, which is adjacent to Wood Creek. The pipe allowed sewage to flow into the creek, which is a tributary of the Wicomico River, which flows into the Chesapeake Bay. The tenants told Wicomico County health officials that Marie Marius came to the property to monitor the work being done, as well as to provide payment to for the installation.
After pleading guilty, Marie Marius was sentenced to pay a $35,000, with $23,000 suspended, meaning she must pay $12,000 immediately. She also received a six-month jail sentence, which was suspended.
The contractor, Charles Elzey, has been charged with two counts of water pollution and 11 counts of installing or altering a sewage system without a permit, and the case is scheduled for trial in Wicomico County Circuit District Court in February.
The illegal system was in place for several months. The septic system has since been repaired and the environmental damage cleaned under the direction and supervision of the Wicomico County Health Department.
Frosh thanked the Attorney General's Environmental Crimes Unit, including Assistant Attorney General Michelle Barnes and unit investigator Bill Schmidt, who worked with the Wicomico County Health Department on the case.
"Our team and Wicomico County did a great job enforcing the laws that protect our environment," Frosh said. "Damage like this just cannot be allowed to take place."
Wrangling over Pesticide Ingredients Comes to a Head in 2015
Consumer advocates are fighting a new rule proposed by the EPA that aims to address concerns over “inert” ingredients, including fragrances and dyes, in pesticides for non-food use. They say the proposal, which could become final this year, doesn’t go far enough to protect human health and the environment from the ingredients’ potential impacts, according to an article in Chemical & Engineering News (C&EN), the weekly newsmagazine of the American Chemical Society.
Britt E. Erickson, a senior editor at C&EN, explains that current EPA regulations require manufacturers of pesticides for non-food use, such as wood preservatives and flea repellents, to reveal these products’ active ingredients but not the additives. The industry says disclosing the rest of the ingredients would allow competitors to copy their proprietary formulations. But consumer advocates argue that these additives, despite what their inert label implies, are not necessarily harmless.
The fight over regulations for these inert ingredients dates back nearly 10 years. In a 2006 petition, advocacy groups and 15 state attorneys general claimed that 371 of these additives are hazardous to people’s health. Three years later, the EPA responded by proposing a rule to require companies to disclose all pesticides’ inert ingredients but then replaced it in 2014 with a ban on 72 of them. The agency is accepting comments until January 20 and could finalize the rule later this year.
Scientific Review Supports New Clean Water Protections
A new scientific report showing that small streams and wetlands can affect downstream water quality and help supply drinking water to millions of Americans is further evidence that these water bodies need protection from pollution, the Natural Resources Defense Council said recently. The long-awaited study released by the EPA provides the scientific underpinning for the proposed Clean Water Protection Rule due to be finalized by the agency this spring.
Jon Devine, a senior attorney in NRDC’s Water Program, made the following statement:
“The science confirms what common sense tells us: Small and seasonal waters significantly influence the condition of water bodies downstream. This new report should wash away any doubt that EPA’s clean water rule proposal is based on sound science. The Clean Water Rule is a sensible way to restore protections to these waters, which have been in legal limbo for more than a decade.”
EPA released a draft of the report, Connectivity of Streams and Wetlands to Downstream Waters, in September, 2013, for public comment. The final report, which incorporates detailed input from a peer review by the independent Science Advisory Board, will be used as the basis for finalizing EPA’s Clean Water Protection Rule. First proposed last year, the rule will clarify which water bodies are covered by Clean Water Act protections. It will restore clear protection to waters that contribute to the drinking water supplies of 117 million Americans. Opponents of the rule have demanded that EPA not act without a final, peer-reviewed report, and this report directly satisfies that demand.
Malibu Schools Spending Millions to Avoid Toxic Cleanup
Malibu public schools officials have spent millions of dollars on lawyers and consultants to avoid fully testing and remediating contaminated facilities, according to figures posted recently by Public Employees for Environmental Responsibility (PEER) and America Unites for Kids (formerly Malibu Unites). The lavish spending includes $775,000 in legal fees, although there has yet to be any litigation, and consultants staying in a $9,000-per-month luxury condo.
Over the past thirteen months, the Santa Monica-Malibu Unified School District (SMMUSD) has spent more than $3.7 million yet no actual remediation of polychlorinated biphenyls (PCBs) has occurred. Back in November 2013, SMMUSD identified illegal PCB levels in four classrooms’ caulk on the Malibu High campus and those four windows have been slated for removal by the end of next June.
Since then, the district refused to test any more caulk or other building materials in order to avoid further triggering federal law requiring removal even though independent samples reveal that 17 classrooms in seven buildings throughout the tri-school campus, educating students ages 5-18, contain caulk with PCBs above levels allowed by the Toxic Substances Control Act. Several of those contaminated classrooms contain PCBs thousands of times above that legal limit.
Instead, the district has done only indirect “avoidance testing” such as air and dust sampling, which cannot trigger federal removal requirements. SMMUSD’s expenditures and approvals to date include:
More than $2.7 million on environmental consultants, primarily to monitor not remove pollutants;
- $775,000 in legal fees paid or approved to the law firm Pillsbury Winthrop Shaw Pittman, despite the fact that there is no litigation pending
- Tens of thousands of dollars on lodging and travel expenses including a luxury beach “villa” summer rental for $9,000 per month, as well as thousands more on hotels, meals, and travel billed by the engineering firm Environ, even the firm was hired in part because it is locally based
“All of this money could and should have been spent in the classroom to create a safer environment for teachers and students,” commented PEER Senior Counsel Paula Dinerstein. “These records suggest that more than the school buildings need a good cleaning.”
For more than a year now, teachers and students at Malibu Middle and High Schools and Juan Cabrillo Elementary School have raised serious health complaints, including thyroid cancer, which they believe may be linked to contaminated facilities. PEER and America Unites for Kids have been calling for comprehensive caulk testing, removing all materials contaminated with PCBs above legal limits, and moving students and teachers out of dangerous classrooms and into PCB-free portable units in the interim.
“Full PCB remediation could have been completed by now for far less than the district has spent on consultants and lawyers,” said Jennifer deNicola, President of America Unites for Kids. “The district recently hired cleaners to remove dust in classrooms hours before the dust and air were tested for PCBs. These sham results were an attempt to give parents a false sense of security and to distract them from what really needs to occur at all schools in the district—testing of all the caulk and removal of all PCBs above legal limits.”
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Trivia Question of the Week
In an average year, an American residence uses how much water?
a) 1,000 gallons
b) 10,000 gallons
c) 100,000 gallons
d) 1,000,000 gallons
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