EPA’s national recommended water quality criteria provide guidance to states and authorized tribes in adopting water quality criteria that meet the requirements of the CWA. The criteria are not regulations themselves and do not impose legally binding requirements on EPA, states, territories, authorized tribes, or the public.
Human health water quality criteria are numeric values that protect human health from the harmful effects of pollutants in surface water. Under section 304(a) of the Clean Water Act, water quality criteria are based solely on data and scientific judgments about the relationship between pollutant concentrations and environmental and human health effects; economic or social impacts do not influence criteria recommendations.
The agency recently published final national recommended water quality criteria for the protection of human health for acrolein and phenol.
The final water quality criteria are:
Acrolein:
Water + Organisms 6 µg/l
Organisms Only 9 ?g/l
Phenol
Water + Organisms 10,000 ?g/l
Organisms Only 860,000 ?g/l
Environmental Resource Center’s Webcasts Go Greener
Throughout that period, thousands of handbooks were shipped worldwide, consuming millions of pages of paper, and countless gallons of fuel. Beginning July 1, course materials for most Environmental Resource Center webcasts will be delivered electronically, which will further reduce the environmental impact of online training.
With handbooks for some courses exceeding 1,000 pages, the new e-books, will not only save paper and fuel, they will be much easier to search. However, for those that love the touch and feel of paper, bound versions of the book will be available for a nominal fee. One year of free handbook updates will continue to be offered for both the electronic and bound handbooks.
A bound version of the IATA Dangerous Goods Regulations will continue to be provided with both the online and face-to-face IATA training.
Extension of SPCC Compliance Dates Finalized
This final rule is part of EPA’s multi-phased strategy to address concerns with the SPCC regulation. Specifically, this SPCC rule amendment extends the dates by which the owner or operator of an SPCC regulated facility or farm must prepare or amend and implement an SPCC plan until November 10, 2010.
These amendments do not remove any regulatory requirement for owners or operators of facilities in operation before August 16, 2002, to maintain and implement SPCC plans in accordance with the SPCC regulations then in effect. These facilities are required to maintain their plans until the applicable date for revising and implementing their plans under the new amendments.
Summary Report of Dioxin Workshop
EPA and Argonne National Laboratories, through an inter-Agency agreement with the U.S. Department of Energy, convened a workshop that identified and addressed issues related to the dose-response assessment of 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD).
Recycling and Treatment of E-Waste in California
Treatment of e-waste, including electronic devices and Cathode Ray Tubes, is subject to California Department of Toxic Substances Control (DTSC) notification and reporting requirements.
California’s hazardous waste regulations define treatment to mean any process which changes or is designed to change the composition of any hazardous waste or any component that makes up the hazardous waste.
The following two types of electronic waste handling activities, which are included in this very broad definition of treatment, do not trigger the additional requirements, although specific management requirements (section numbers are in parentheses) must be followed:
- Removal of user-replaceable components
- CRT removal from an electronic device
- Copy of the notice of intent to handle
- Copy of the most recent annual report
- Current copy of any local air district permit and/or other relevant permit required for the facility
Midwestern Greenhouse Gas Reduction Accord Releases Recommendations
The Accord includes six U.S. states—Illinois, Iowa, Kansas, Michigan, Minnesota, and Wisconsin—and the Canadian province of Manitoba. The design recommendations were drafted by an Advisory Group convened by the participating Governors and Premier, including their staff as well as a diverse group of stakeholder representatives. The Accord is the first cap-and-trade program to be designed for the Midwestern region; there are two other regional initiatives in the United States . The Midwestern governors have expressed their preference for a federal cap-and-trade system, but they have called for the creation of a regional program as a backstop if a federal program is not enacted, or proves insufficient.
For the regional program, the Advisory Group recommends emission reduction targets of 18-20 percent below 2005 levels by 2020 (or 16-18 percent if certain cost containment mechanisms come into full effect) and 80 percent below 2005 levels by 2050. The program would cover six greenhouse gases: carbon dioxide (excluding emissions from the combustion of biomass or fuels), methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Capped sectors include electricity generation and imports, industrial combustion and process sources, transportation fuels, and residential, commercial, and industrial fuels not otherwise covered. Only sources and fuel providers responsible for the emission of more than 25,000 metric tons of carbon dioxide equivalent gases will be covered (with exemptions for generators under 25 megawatts), though the program will operate on a “once-in, always-in” basis such that coverage will continue for sources that eventually fall below the 25,000 metric tons threshold.
The Advisory Group recommends that the program begin in 2012, with compliance periods of three years. The Advisory Group recommends that GHG allowance value be dedicated to climate-related purposes including: accelerating transformational investment; mitigating transitional adverse impacts of the program, and addressing harmful impacts due to climate change. The Advisory Group recommends that initially, approximately one third of the allowances be auctioned and the remaining portion be sold for a small fee; the program would then gradually transition to auctioning all allowances. Several cost-containment mechanisms are also recommended, including limited offsets, banking allowances for use in subsequent compliance periods, limited borrowing of allowances from subsequent periods, and an allowance reserve pool from which allowances would be released if the allowance price rises above a certain threshold.
The Accord is currently working on a Model Rule for the program, which is likely to be released in Fall 2009.
Obama Administration Takes Steps to Reduce Environmental Impacts of Mountaintop Coal Mining
Obama Administration officials have announced that they are taking unprecedented steps to reduce the environmental impacts of mountaintop coal mining in the six Appalachian states of Kentucky, Ohio, Pennsylvania, Tennessee, Virginia, and West Virginia through a coordinated approach between the EPA, Department of the Interior (DOI) and Army Corps of Engineers.
- Minimize the adverse environmental consequences of mountaintop coal mining through short-term actions to be completed in 2009;
- Undertake longer-term actions to tighten the regulation of mountaintop coal mining;
- Ensure coordinated and stringent environmental reviews of permit applications under the Clean Water Act (CWA) and Surface Mining Control and Reclamation Act of 1997 (SMCRA);
- Engage the public through outreach events in the Appalachian region to help inform the development of Federal policy; and
- Federal Agencies will work in coordination with appropriate regional, state, and local entities to help diversify and strengthen the Appalachian regional economy and promote the health and welfare of Appalachian communities.
“Mountaintop coal mining cannot be predicated on the assumption of minimal oversight of its environmental impacts, and its permanent degradation of water quality. Stronger reviews and protections will safeguard the health of local waters, and thousands of acres of watersheds in Appalachia,” said EPA Administrator Lisa P. Jackson. “Our announcement today reaffirms EPA’s fundamental responsibility for protecting the water quality and environmental integrity of streams, rivers, and wetlands under the Clean Water Act. Getting this right is important to coalfield communities that count on a livable environment, both during mining and after coal companies move to other sites.”
“The Army is pleased to support interagency efforts to increase environmental protection requirements and factual considerations for mountaintop coal mining activities in Appalachia,” said Terrence “Rock” Salt, Acting Assistant Secretary of the Army for Civil Works. “The initiative being announced today will allow us to move forward on a number of important permit applications while providing improved certainty and transparency to permit applicants and the public.”
“The steps we are taking today are a firm departure from the previous Administration’s approach to mountaintop coal mining, which failed to protect our communities, water, and wildlife in Appalachia,” said Secretary Salazar. “By toughening enforcement standards, by looking for common-sense improvements to our rules and regulations, and by coordinating our efforts with other agencies, we will immediately make progress toward reducing the environmental impacts of mountaintop coal mining.”
“This agreement represents federal agencies working together to take the President’s message on mountaintop coal mining into action,” said Nancy Sutley, Chair of the White House Council on Environmental Quality. “We are committed to powering our country while protecting health and welfare in the Appalachian region, securing access to clean streams and safe drinking water, and honoring our clean water laws.”
In close coordination, EPA, DOI, and the Corps will take several short-term actions to reform the regulation of mountaintop coal mining under the two primary environmental laws governing this mining practice.
The Army Corps of Engineers and the EPA will take immediate steps under the CWA to minimize environmental harm by taking the following actions in 2009:
- Requiring more stringent environmental reviews for future permit applications for mountaintop coal mining;
- Within 30 days of the date of the MOU, the Corps will issue a public notice (pursuant to 33 C.F.R. § 330.5) proposing to modify Nationwide Permit (NWP) 21 to preclude its use to authorize the discharge of fill material into streams for surface coal mining activities in the Appalachian region, and will seek public comment on the proposed action;
- Strengthening permit reviews under CWA regulations (Section 404(b)(1)) to reduce the harmful direct and cumulative environmental impacts of mountaintop coal mining on streams and watersheds;
- Strengthening EPA coordination with states on water pollution permits for discharges from valley fills and state water quality certifications for mountaintop coal mining operations; and
- Improving stream mitigation projects to increase ecological performance and compensate for losses of these important waters of the United States.
The Department of Interior will also take the following steps:
- Reevaluate and determine how the Office of Surface Mining Reclamation and Enforcement (OSM) will more effectively conduct oversight of state permitting, state enforcement, and regulatory activities under SMCRA;
- Ensure the protection of wildlife resources and endangered species by coordinating the development of CWA guidance with the U.S. Fish and Wildlife Service (FWS); and
- If the U.S. District Court vacates the 2008 Stream Buffer Zone Rule, as requested by the Secretary of the Interior on April 27, 2009, Interior will issue guidance clarifying the application of stream buffer zone provisions in a preexisting 1983 SMCRA regulation to ensure mining activities will occur in a more environmentally protective way in or near Appalachian streams.
Concurrent with these short-term actions, the three agencies will embark on a comprehensive, coordinated review of their existing respective regulations and procedures governing mountaintop coal mining under existing law. The agencies will also create an interagency working group to promote ongoing Federal collaboration and ensure the Action Plan achieves results. As these reforms are implemented, the agencies will seek to involve the public and guide Federal actions through robust public comment and outreach.
EPA and the Army Corps of Engineers are taking steps to enhance coordination in the environmental review of pending Clean Water Act permits for surface coal mining activities in Appalachian States. Administrator Jackson and Acting Assistant Secretary Salt have directed EPA and Corps field offices to coordinate under new procedures to ensure Clean Water Act permit decisions are fully consistent with sound science and the law, reduce adverse environmental impacts, provide greater public participation and transparency, and address pending permits in a more timely manner.
The Federal agencies will also work in coordination with appropriate regional, state, and local entities to help diversify and strengthen the Appalachian regional economy and promote the health and welfare of Appalachian communities. This interagency effort will have a special focus on stimulating clean enterprise and green jobs development, encouraging better coordination among existing federal efforts, and supporting innovative new ideas and initiatives.
Federal Trade Commission Charges Kmart, Tender Corp., and Dyna-E International with Making Deceptive Biodegradable Claims
The Federal Trade Commission (FTC) has charged Kmart Corp., Tender Corp., and Dyna-E International with making false and unsubstantiated claims that their paper products were “biodegradable.” Since 1992, the FTC’s “Green Guides” have advised marketers that unqualified biodegradable claims are acceptable only if they have scientific evidence that their product will completely decompose within a reasonably short period of time under customary methods of disposal.
Kmart and Tender have agreed to settle the cases against them; the case against Dyna-E will be litigated. The FTC has announced the cases in testimony before the U.S. House Subcommittee on Commerce, Trade, and Consumer Protection of the Committee on Energy and Commerce. The testimony states that with the recent growth in “green” advertising and product lines, the agency will continue its efforts to ensure that environmental marketing is truthful, substantiated, and not confusing to consumers.
According to the testimony presented by James A. Kohm, Associate Director of the Enforcement Division in the FTC’s Bureau of Consumer Protection, the FTC does not set environmental standards or policy, but rather protects consumers from unfair or deceptive practices. To achieve this goal in the environmental arena, the FTC issues rules and guides for businesses, publishes materials to help consumers make informed purchasing decisions, and challenges fraudulent and deceptive advertising through law enforcement actions, such as these three biodegradability cases.
The complaints against these companies charge the retailers with making deceptive and unsubstantiated biodegradability claims as follows: Kmart Corp. called its American Fare brand disposable plates biodegradable, Tender Corp. called its Fresh Bath-brand moist wipes biodegradable, and Dyna-E International called its Lightload brand compressed dry towels biodegradable. In the three complaints, the FTC alleged that the defendants’ products typically are disposed in landfills, incinerators, or recycling facilities, where it is impossible for waste to biodegrade within a reasonably short time.
Kmart and Tender have agreed to orders that bar them from making deceptive “degradable” product claims and require them to have competent and reliable evidence to support environmental product claims. The settlement with Tender also requires it to disclose clearly whether any biodegradable claim applies to the product, the packaging, or component of either. Both settlements contain record-keeping and reporting provisions to assist the FTC in monitoring the companies’ compliance. The third matter, against Dyna-E and its owner, George Wheeler, will proceed in administrative litigation.
The FTC’s Guides for the Use of Environmental Marketing Claims (Green Guides) are the centerpiece of the agency’s environmental marketing efforts, according to the testimony. The Green Guides help marketers avoid making false or misleading green claims by explaining how consumers understand commonly used terms, such as “biodegradable” and “recyclable,” and by describing the basic elements needed to substantiate those claims. As part of the FTC’s current review of the Green Guides, the agency has held a series of workshops and plans to study consumers’ understanding of particular claims, such as “sustainable” and “carbon neutral,” which were not common when the FTC last updated its Guides.
The votes to approve the testimony, to approve the two administrative complaints and proposed settlement agreements, and to issue the administrative complaint, were 4-0. The FTC will publish an announcement regarding the two consent agreements in the Federal Register soon. The two agreements will be subject to public comment through July 9, 2009, after which the FTC will decide whether to make them final.
IATA Announces Commitment to Carbon-Neutral Growth by 2020
The International Air Transport Association (IATA) has announced that the airline industry is committed to achieving carbon-neutral growth by 2020.
“Two years ago we set a vision to achieve carbon-neutral growth on the way to a carbon-free future. Today we have taken a major step forward by committing to a global cap on our emissions in 2020. After this date, aviation’s emissions will not grow even as demand increases. Airlines are the first global industry to make such a bold commitment,” said Giovanni Bisignani, IATA’s Director General and CEO in his State of the Industry address to 500 of the industry’s top leaders gathered in Kuala Lumpur for the 65th IATA Annual General Meeting and World Air Transport Summit.
The commitment to carbon-neutral growth completes a set of three sequential goals for air transport: (1) a 1.5% average annual improvement in fuel efficiency from 2009 to 2020; (2) carbon-neutral growth from 2020, and (3) a 50% absolute reduction in carbon emissions by 2050.
To achieve these goals, all players in the air transport industry are united in their proactive approach to the environment. A cross industry four-pillar strategy on climate change that is focused on improved technology, effective operations, efficient infrastructure, and positive economic measures is delivering results. In 2009 the carbon footprint of air transport is expected to shrink by 7% with 5% of this amount due to the recession and 2% directly related to efficiency gains from IATA’s four-pillar strategy. “No other industry is as united. And no other industry can point to such good results and progress,” said Bisignani.
The commitment to carbon-neutral growth by 2020 recognizes that technology, operations and infrastructure improvements alone will not be sufficient to stop growth in air transport’s carbon footprint. “Positive economic measures are needed to bridge the gap until the full benefits of future technologies—including sustainable biofuels—are realized,” said Bisignani.
The timing of the industry commitment to carbon-neutral growth is significant, as governments prepare for the UN climate change meeting in Copenhagen (December 2009) and the post-Kyoto discussions. IATA reiterated its call for a global sectoral approach for aviation in the successor to the Kyoto Protocol. Under such an approach, aviation’s emissions would be capped and accounted for globally, not by state. IATA would work with the International Civil Aviation Organization (ICAO) to ensure compliance. “Airlines should get carbon credits for every cent we pay, whether in taxes, charges or ETS payments. And we should pay only once, not several times” said Bisignani.
Bisignani noted that the airlines’ commitment needed to be matched by governments. “We are ambitious, but our success will be contingent on governments acting effectively. ICAO must set binding carbon emissions standards on manufacturers for new aircraft. A legal and fiscal framework to support the availability of sustainable biofuels must be established. And governments must work with air navigation service providers to push forward major infrastructure projects such as a Single European Sky, NextGen in the US or fixing the Pearl River Delta in China,” said Bisignani.
“We can be proud of going farther and faster than any other industry. Air transport is a model for environment responsibility for other industries to follow. The challenge will be for governments to catch up,” said Bisignani.
IATA represents some 230 airlines comprising 93% of scheduled international air traffic.
EPA to Hold Hearings on Portland Cement NESHAP
EPA has received a request from a major environmental group to schedule additional public hearings and to schedule those hearings later than the original public hearing date. Given the significant public interest in this rule and to further public participation opportunities, EPA is granting the request and has scheduled three public hearings. These hearings will occur in Los Angeles, California on June 16, 2009, Dallas, Texas on June 17, 2009, and Arlington, Virginia on June 18, 2009.
In addition, EPA is extending the deadline for written comments on the proposed amendments to September 4, 2009. EPA received a request for this extension to the comment period from the Portland Cement Association and several cement manufacturing companies. The reason given for the request for the extension was the need for additional time to gather data and review the proposed amendments. Given the fact that the proposed amendments would make significant changes to the current rule, and the request by the cement industry to gather additional data, EPA finds this request to be reasonable.
EPA Accepting Comment Period on Transportation Conformity Rule PM2.5 and PM10 Amendments
This proposed rule was published May 15, 2009 in the Federal Register ), and written comments on the proposed rule were to be submitted by June 15, 2009. EPA also stated in the proposal that the comment period would be extended if a public hearing was requested by a certain date. On May 26, 2009, EPA received such a request to hold a public hearing for this proposed rule, and the public hearing was held on June 4, 2009 at the EPA in Ann Arbor, Michigan. As a result, EPA is notifying the public again that the deadline to submit public comments on the May 15, 2009 proposed rule is now June 29, 2009. See the June 8, Federal Register notice for information on how to submit comments on the proposed rule.
Pew Center Launches On-line Climate TechBook as Resource on Low-Carbon Technology
Technologies to address climate change come in many forms: from wind turbines to building insulation, from carbon capture and storage, to biofuels. Existing technologies can already provide cost-effective means to reduce greenhouse gas emissions; many more technologies are under development to help facilitate the transition to a low-carbon future.
- Overviews of greenhouse gas emissions from the key economic sectors: electricity, transportation, industry, residential and commercial, and agriculture
- Technology overviews for broad technology areas, such as buildings and biofuels
- Fact sheets that provide background information about specific technologies, the current status of the technology, cost information, policy options to promote the technology, and obstacles to further development and deployment.
“Understanding the low-carbon technologies that exist today and those in the pipeline is key to tackling the climate challenge,” said Judi Greenwald, Vice President for Innovative Solutions at the Pew Center on Global Climate Change. “We need more informed voices in government, business, and the public supporting the whole range of climate solutions, and this resource will help meet that need.”
At launch, the Climate TechBook consists of 15 briefs and fact sheets. New content will regularly be added to provide policymakers and the public with a single source of relevant, accessible information on existing and emerging low-carbon technologies. The Climate Techbook interface allows users to browse information by sector or directly access facts about specific technologies.
EPA Files Legal Action Against E-Waste Exporter
The events include those run by two Humane Society branches, the Make-a-Wish Foundation, and Boy Scout Troop 30 will hold such a collection event tomorrow. Basel Action Network (BAN) tracked 7 sea-going containers of the collected toxic e-waste to Hong Kong and South Africa after assurances were made by EarthEcycle owner, Mr. Jeffrey Nixon, that the wastes would be recycled locally. The EPA complaint cites 7 violation counts for illegal management and exportation of Cathode Ray Tubes. The counts include “unauthorized export of hazardous waste” and “failure to prepare a hazardous waste manifest.”
Even following BAN’s release of its investigation on May 26th, the Humane Society of Western Pennsylvania refused to break its partnership with EarthEcycle, the Make-a-Wish Foundation refused to cancel its event, and it appears the Boy Scout event is going forward although BAN warned them yesterday. Meanwhile, even though Mr. Nixon later admitted that he exported the material, Mr. Nixon has also told local television reporters that, “Nothing wrong has been done anywhere. It’s all hearsay.”
“We are thrilled to have EPA quickly follow through on enforcing the few laws we have in the U.S. to control toxic waste exports to developing countries,” said Sarah Westervelt of the Basel Action Network from their Seattle base. “EarthEcycle needs to be held accountable for these illegal and damaging exports. But it’s also important for the charities to stop being blinded by dollar signs, and start seeing the hypocrisy in organizing e-waste events that irreparably harm children and animals in developing countries, while their organizations try to protect children and animals here in the U.S.”
BAN has been at the forefront of exposing the “cyber-age” nightmare of electronic waste exportation to developing countries. In 2002 and 2005, BAN released two documentary films, “Exporting Harm,” and “The Digital Dump,” shining a spotlight on the horrors of the global e-waste trade and the very damaging impacts of toxic constituents in electronic products on the workers and environments of communities in Africa and China. Recent studies in Guiyu, China, “ground zero” of the international waste trade, show some of the highest levels of dioxin, lead, and other cancer-causing pollutants ever recorded. Blood levels in 80 percent of the children in Guiyu are elevated and already demonstrable brain impairment has been recorded.
BAN estimates that 80% of the electronic waste given to recyclers in the U.S. and Canada does not get recycled in this continent, but is quickly exported due to a lack of adequate law, or inadequate enforcement of laws that do exist. BAN, together with the Electronics TakeBack Coalition (ETBC), is seeking national legislation to ban the export of all toxic e-waste to developing countries as European countries have already done.
“This toxic trade is the height of global irresponsibility,” said Sarah Westervelt. “Our country must pass loophole-free federal legislation to put a stop to what is happening right now in Pittsburgh and all across America every day.” said Sarah Westervelt. “And consumers, including charities, must be very careful and make use of the e-Steward recyclers who have agreed not to export toxic e-waste to developing countries.”
CERCLA Consent Decree Filed Against Parties at the Breslube Penn Superfund Site
The notice concerned a June 1, 2009, proposed Consent Decree for the United States et al. vs. AK Steel Corporation, et al., which was lodged with the United States District Court for the Western District of Pennsylvania.
The Consent Decree resolves the United States’ claims against 36 parties at the Breslube Penn Superfund Site, located in Coraopolis, Pennsylvania. The Settling Defendants consist of two groups, nine Performing Defendants and 27 Non-Performing Defendants. The Consent Decree requires that Performing Defendants fund and perform the remedy selected in EPA’s August 2007 Record of Decision. The Commonwealth of Pennsylvania has signed the Consent Decree and will file a separate complaint.
The estimated cost of the remedy is $8,070,000, and may increase to $12,610,000 if EPA decides two contingent remedies are necessary. The settlement also recovers past costs of the United States ($3,037,491.61), past costs of the Commonwealth ($41,356.04), and includes an agreement to pay all future response costs.
The Department of Justice will receive for a period of thirty days from the date of this publication comments relating to the Decree.
Georgia-Pacific to Fund New Cleanup Work at Michigan’s Kalamazoo River Superfund Site
The estimated $10 million project is 3.5 miles upstream from the now-completed Plainwell Dam. Cleanup is slated to begin in August and continue through late 2010.
The administrative order on consent signed by Georgia-Pacific was negotiated by EPA in consultation with the Michigan Department of Environmental Quality (DEQ). Georgia-Pacific will perform the cleanup under EPA oversight.
“This agreement follows two very productive years of PCB-contaminated sediment removal downstream at the Plainwell Dam,” said Regional Superfund Director Richard Karl. “Georgia-Pacific deserves credit for stepping up and keeping the momentum going.”
Though initially Millennium Holdings partnered with Georgia-Pacific to perform the Plainwell Dam work, Millennium has since filed for bankruptcy protection and is not a party to the agreement for cleanup at Plainwell Dam #2.
The work, like the $25 million Plainwell Dam effort that began in 2007, will be performed as a Superfund Removal Action. The new project targets 12,000 cubic yards of waste material, containing nearly 90 percent of the PCBs near the Plainwell #2 Dam. The work will involve dredging and/or excavation of contaminated sediment, riverbank soil and floodplain soil, water quality monitoring and treatment, and stabilization and off-site disposal of the contaminated material. Waste with PCB concentrations at 50 parts per million or more will be sent to a chemical waste landfill. Waste with levels below 50 ppm will be sent to commercial landfills.
The complete Kalamazoo River Superfund area stretches 80 miles from Saugatuck on Lake Michigan to the Morrow Dam. The recently completed Plainwell Dam work removed 4,700 pounds of PCBs from the river system. To reach this volume, 128,665 cubic yards of sediment was removed. Of this total, 20,930 cubic yards of material contained waste above 50 ppm.
PCBs, or polychlorinated biphenyls, are a group of toxic chemicals that were widely used in carbonless copy paper and as coolants, insulators and lubricants. PCBs are of concern because they concentrate in the food chain resulting in health hazards to people, fish and wildlife. Congress banned the manufacture of PCBs in 1976 and PCBs still in use are strictly regulated.
Facilities in the Southeast Ordered to Comply with Clean Water Act and Pay Penalties Totaling More Than $92,000
EPA issued Consent Agreements and Final Orders against 10 entities throughout the Southeast since the beginning of the fiscal year, October 1, 2008, for violations of the Clean Water Act (CWA). As part of the settlements, the responsible parties in Florida, Georgia, Kentucky, North Carolina, and South Carolina have agreed to come into compliance and pay a combined total of $92,249 in civil penalties.
“By taking these enforcement actions, we are sending a strong message about the importance of protecting rivers, lakes and streams across the Southeast,” said Stan Meiburg, EPA Region 4 Acting Regional Administrator. “To protect our region’s waters, these regulated entities must comply with the Clean Water Act and promptly take the steps needed to resolve the violations noted in our inspections.”
Six entities were cited for alleged storm water-related violations of the CWA. Polluted storm water runoff is a leading cause of impairment to the nearly 40 percent of surveyed U.S. water bodies which do not meet water quality standards. Over land or via storm sewer systems, polluted runoff is discharged, often untreated, directly into local water bodies. The settlements and associated penalties include:
- Gwinnett Convention and Visitors Bureau, for violations at the Gwinnett Braves Stadium in Lawrenceville, Georgia—Civil penalty of $9000
- Port of Pensacola, Florida, for violations at the port itself—Civil penalty of $19,000
- Boone County Board of Education, for violations at the Longbranch High School in Union, Kentucky—Civil penalty of $7,000
- Drees Company, Inc., for violations at its Harmony subdivision in Union, Kentucky—Civil penalty of $15,000
- Fowler Reese, LLC, for violations at its Hickory Valley subdivision in Independence, Kentucky—Civil penalty of $3,500
- Orleans Home Builders, for violations at its Weldon Ridge-Arbor development in Cary, North Carolina—Civil penalty of $4,000
Failure to comply with Section 503, Biosolids Requirements for land disposal of sewage sludge:
- Polk County Board of Commissioners, in Bartow, Florida—Civil penalty of $12,150
- Aqua Utilities, Inc., in Fruitville, Florida—Civil penalty of $4,999
A settlement was also reached with Easley Combined Utilities, which agreed to pay a civil penalty of $12,600, for exceeding the Whole Effluent Toxicity (WET) requirements of its National Pollutant Discharge Elimination System permit at the wastewater treatment plant in Easley, S.C. WET is the total toxic effect of effluent measured directly with a toxicity test. It is a useful parameter for assessing and protecting against aggregate impacts from the discharge of pollutants.
Another settlement was reached with an individual, Bruno Barreiro, Sr., for discharging dredged and/or fill material into a canal connecting to the Atlantic Ocean behind his Key Largo, Florida, property where he is building a house. Wetlands are an important, yet diminishing resource that serve as habitats for critical fish and wildlife and also help control floods, recharge groundwater, capture pollutants, and cycle nutrients.
MassDEP Penalizes A1 Used Auto Parts $33,750 for Hazardous Waste and Solid Waste Violations
The Massachusetts Department of Environmental Protection (MassDEP) has penalized A1 Used Auto Parts $33,750 for violating state hazardous waste, solid waste, and air quality regulations at the company’s auto salvage yard in Framingham, Massachusetts. A MassDEP inspection of the company’s auto salvage yard on April 15, 2008 found extensive violations, involving the improper collection, storage, labeling, inspection, and disposal of waste oil. The inspection also found unlabeled containers of hazardous materials and the improper storage of more than 5,000 used tires.
“There’s certainly a market for auto salvage yards, but these facilities need to operate in compliance with environmental laws and standards and leave the era of the ‘junk-yard’ in the history books and not in our neighborhoods,” said Richard Chalpin, director of MassDEPs Northeast Regional Office in Wilmington. “The secondary-market for automotive parts can generate significant quantities of solid waste and hazardous materials, and it must be managed properly.”
Since the inspection, A1 Used Auto Parts has begun to return to compliance. The company removed all used tires, registered as a hazardous waste generator, and began to manage its waste oil and hazardous material in compliance with state regulations. MassDEP has agreed to suspend $20,000 of the penalty provided the facility remains in compliance with all requirements for a period of five years.
Magnesium Elektron North America Fined $24,000 Penalty for Air Pollution Violations
Magnesium Elektron North America, Inc. will pay a $24,000 civil penalty to Ohio EPA for air pollution violations at its Findlay plant. The Illinois-based company cleans and coats magnesium plates used for photoengraving at the Findlay, Ohio, facility.
The company emits air pollutants from two coating lines and two vapor degreasers. The emissions include the solvent trichloroethylene (TCE). Emissions from the solvent cleaning machine must be controlled and monitored.
An August 2007 Ohio EPA inspection revealed that the company exceeded its solvent emissions limit for 46 months between April 1, 2004, and December 31, 2008.
Violations included failing to properly report the exceedances to Ohio EPA, failing to properly maintain a log of solvent additions and deletions to each degreaser, and failing to submit a timely 2006 annual report.
All of the violations have been corrected. The company has installed a new solvent storage cage and implemented additional procedures to prevent future violations.
Minnesota Excavation and Trucking Company Will Pay $10,000 for Environmental Violations
Fitzgerald Excavating and Trucking of Goodhue, Minnesota, a company that provides demolition, excavating, tiling, and septic-installing services has reached an agreement with the Minnesota Pollution Control Agency (MPCA) to pay a $10,000 penalty for alleged violations in solid waste and installing on-site sewage-treatment systems.
In addition, Fitzgerald will perform a Supplemental Environmental Project costing at least $10,000, which will consist of providing equipment and labor to remove garbage, scrap, tires or other material chosen by Goodhue County, or otherwise providing services that benefit the environment or increase green space. If Fitzgerald fails to complete the project by December 31, 2009, the business must pay an additional $5,000 penalty.
Fitzgerald Excavating and Trucking allegedly violated state law in 2008 by operating a solid waste facility without a permit, storing solid waste on the ground, and burning solid waste instead of transporting it to a permitted landfill.
In addition, the business allegedly violated state law when installing four on-site sewer systems in Goodhue County from 2006 to 2008. Violations include operating without proper licensure and certification, discharging sewage on top the ground, failing to have a system inspected, discharging sewage to the ground in a manner that could pollute underground waters, and failing to follow county-approved designs.
Fitzgerald has already taken action to meet state laws for managing and disposing of solid waste. The business has also remedied illegal discharges of septic systems at three homes, agreed to corrective action for a septic system at a fourth home, and agreed to cease all design work related to sewer systems until it is properly licensed and certified.
The settlement, known as a stipulation agreement, is one of the tools the MPCA uses to achieve compliance with environmental laws. When calculating penalties, the MPCA takes into account how seriously the violation affected the environment, whether it was a first time or repeat violation, and how promptly the violation was reported to appropriate authorities. The agency also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner.
Texas Man Pleads Guilty to Illegal Discharge of Pollutant to Louisiana Waters
Amos McDaniel, of Carthage, Texas, has pled guilty to a misdemeanor count of illegally discharging a pollutant into Louisiana waters. McDaniel ordered a truck driver to discharge well treatment fluid into Cypress Creek in Natchitoches Parish in April of 2006.
The Criminal Investigation Division of the Louisiana Department of Environmental Quality (DEQ) received a complaint from DEQ’s Northwest Regional Office indicating that a service company had discharged an oily substance into Cypress Creek. The investigation led to McDaniel admitting that he ordered a truck driver to discharge the material.
“Unfortunately economic incentives drive environmental crime and people or businesses who are motivated by the prospect of economic gain will continue to receive the full investigative attention of this department,” said Jeffrey T. Nolan, DEQ’s Criminal Investigation Division Manager.
As part of the plea, McDaniel was sentenced to 24 months probation and will pay a $5,000 criminal fine.
Robinowitz Oil Company Fined for SPCC Violations
EPA has fined Robinowitz Oil Company of Tulsa, Oklahoma, $3,300 for violating federal Spill Prevention, Control and Countermeasure () regulations outlined under the Clean Water Act. A federal inspection of the company’s Big Eagle oil production facility located in Osage County, Oklahoma, on February 17, 2009, revealed the company had failed to inspect and provide documentation of required inspections of tanks, piping, valves, supports and other facility equipment as required by SPCC regulations. The inspection also found the company had failed to provide required training and discharge prevention procedures for oil handling personnel and failed to adequately describe the physical layout of the facility, also required by SPCC regulations. The EPA proposed and the company agreed to a $3,300 fine.
PHA Industries Penalized $1,575 for Air Pollution and Hazardous Waste Management Violations
The Massachusetts Department of Environmental Protection (MassDEP) has issued a $1,575 penalty and ordered PHA Industries, Inc., to correct violations for air quality and hazardous waste management at its Orange, Massachusetts, facility.
Following a March 2008 multimedia inspection of the facility and a review of records, MassDEP determined that the PHA Industries facility was generating hazardous waste in amounts greater than its registered status and that the facility did not notify MassDEP of the change in its generator status as required by the Massachusetts Hazardous Waste Management regulations. Additionally, on October 18, 2007, PHA Industries submitted a self-audit disclosure to MassDEP, indicating that the facility had installed and operated five chemical mixing tanks since January 2007, without a MassDEP approval.
PHA Industries will pay the $1,575 penalty. The company has cooperated with MassDEP by correcting the noncompliance issues immediately upon being notified.
“MassDEP has taken the self-disclosure by PHA Industries and their immediate corrective actions into consideration to significantly reduce the company’s penalty exposure,” said Michael J. Gorski, director of MassDEP’s Western Regional Office in Springfield. “We strongly encourage facilities to continually assess their compliance with environmental obligations.”
Oakland Petroleum Operating Company, Inc. Fined for SPCC
EPA has fined Oakland Petroleum Operating Company, Inc. $1,300 for violating federal Spill Prevention, Control and Countermeasure () regulations outlined under the Clean Water Act. A federal inspection of an oil production facility in Bowring, Oklahoma, on April 6, 2009, found the facility’s field drainage system, oil traps, sumps, and skimmers were not regularly inspected and oil was not properly removed. The inspection also revealed excessive vegetation which affects the integrity and/or walls of containment systems were slightly eroded and had low areas, and visual inspection of containers, foundation, and supports were not conducted periodically for deterioration and maintenance needs. Above ground valves and pipelines as well as brine and saltwater disposal facilities were not examined periodically for general condition. As part of an Expedited Settlement Agreement with EPA, the facility has provided certification that all identified deficiencies have been corrected.
EPA Orders Allrounder Dairies to Stop Discharging
EPA has issued cease and desist administrative orders to the Allrounder I and II Dairies in Hopkins County, Texas, for violations of the federal Clean Water Act. On May 19, 2009, an EPA inspection of the Allrounder I Dairy, located about 18 miles east of Sulphur Springs and on the south side of County Road 3310, found solid manure build-up accumulating on the surface suggesting its manure lagoon lacks adequate capacity for the number of animals currently allowed by their permit. The inspection also revealed the mortality management area was improperly located, operated, and maintained. The area is located in a wetland area and drains to Stouts Creek. Numerous carcasses were observed floating, uncovered, and partially exposed and in various stages of decomposition.
On May 18 and 19, 2009, an EPA inspection of the Allrounder II Dairy, located about 19 miles east of Sulphur Springs and southwest of the intersection of County Roads 3378 and 3385, found discharges of manure and contaminated water in several locations along the west berm of the facility’s lagoon and into a tributary of Stouts Creek. The inspection also revealed the mortality management area was improperly located, operated, and maintained similar to conditions observed at the Allrounder I Dairy.
Silage piles at the dairies are located outside designated drainage areas of the lagoons and are considered feedstock material. Runoff from the piles is required to be collected in the lagoons but was observed discharging to Stouts Creek.
Based on these findings, the dairies have been ordered to cease all discharges of pollutants, and within 30 days remove stockpiled manure from drainage areas and land apply or relocate the piles to an area that will ensure runoff is captured in an approved lagoon. The dairies have also been ordered to excavate and relocate their mortality management areas to an approved location that is not in a wetland and does not discharge to a wetland or waterway, and provide to EPA and the Texas Commission on Environmental Quality (TCEQ) current certification of no hydrologic connection for the lagoons.
Within 90 days, the dairies must provide to EPA and TCEQ a plan and schedule of actions that will ensure all runoff from the production areas drain to an approved lagoon and ensure than all runon and runoff from silage storage piles are collected and stored in an approved lagoon.
The dairies have been given 120 days to submit to EPA and TCEQ a certified summary of all completed items and photographs to document completed work.
EPA is Implementing Risk Mitigation Measures for Soil Fumigant Pesticides
EPA is requiring new safety measures for soil fumigant pesticides to increase protections for agricultural workers and bystanders—people who live, work, or otherwise spend time near fields that are fumigated. These measures are included in Amended Reregistration Eligibility Decisions (REDs) for the following soil fumigants:
- Chloropicrin
- Dazomet
- Metam sodium/potassium (including methyl isothiocyanate or MITC)
- Methyl bromide
These measures are expected to directly reduce exposures and risks, improve safety and reduce the potential for accidents, foster compliance and reduce misuse, and enhance enforcement, while maintaining important benefits.
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Trivia Question of the Week
The average lawn uses how many gallons of water in a single summer?
a. 2,000
b. 20,000
c. 200,000
d. 2,000,000