Strontium is a naturally occurring element that, at elevated levels, can impact bone strength in people who do not consume enough calcium.
A regulatory determination is a formal decision on whether EPA should initiate a rulemaking process to regulate a specific contaminant. The Safe Drinking Water Act requires that every five years, EPA develop a contaminant candidate list and then make a regulatory determination for at least five contaminants on the list.
Based on available information, the agency has initially determined that strontium has adverse health effects. Strontium replaces calcium in bone, affecting skeletal development. Although strontium affects all life stages, infants, children, and adolescents are of particular concern because their bones are developing. Strontium has been detected in 99% of public water systems and at levels of concern in 7% of public water systems in the country.
According to EPA, four other contaminants (dimethoate, 1,3dinitrobenzene, terbufos, and terbufos sulfone) are either not found, or are found at low levels of occurrence in public water systems, thus requiring no regulation at this time.
These determinations are preliminary. EPA will evaluate public feedback following a 60-day public comment period and determine whether to issue a final determination to regulate strontium. If EPA makes such a determination, the Agency will begin the process of developing a proposed rule, with hopes of publishing the final regulatory determinations in 2015.
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.
EPA to Regulate Mercury from Dental Offices
EPA is proposing technology-based pretreatment standards under the Clean Water Act (CWA) for discharges of pollutants into publicly owned treatment works (POTWs) from existing and new dental practices that discharge dental amalgam. Dental amalgam contains mercury in a highly concentrated form that is relatively easy to collect and recycle. Dental offices are the main source of mercury discharges to POTWs. Mercury is a persistent and bioaccumulative pollutant in the environment with well-documented neurotoxic effects on humans. Mercury pollution is widespread and comes from many diverse sources such as air deposition from municipal and industrial incinerators and combustion of fossil fuels. Mercury easily becomes diffuse in the environment and mercury pollution is a global problem. Removing mercury from the waste stream when it is in a concentrated and easy to handle form like in waste dental amalgam is an important and commonsense step to take to prevent that mercury from being released back into the environment where it can become diffuse and a hazard to humans.
Specifically, the requirements would be based on the use of amalgam separators and best management practices (BMPs). Amalgam separators are a practical, affordable and readily available technology for capturing mercury and other metals before they are discharged into sewers and POTWs. EPA is also proposing to amend selected parts of the General Pretreatment Regulations to streamline oversight requirements for the dental sector. EPA expects compliance with this proposed rule would reduce the discharge of metals to POTWs by at least 8.8 tons per year, about half of which is mercury. EPA estimates the annual cost of the proposed rule would be $44 to $49 million.
Raleigh Area DOT and IATA Training
San Diego RCRA and DOT Training
Williamsburg RCRA and DOT Training
Transportation of Infectious Substances by Ground and Air
Because pathogens can cause widespread danger, the requirements for the shipment of infectious substances are significantly different than those that apply to other hazardous materials. Infectious substances are found not only in hospitals, clinics, labs, and universities, but are also found at many industrial facilities where regulated medical (red bag) waste is generated.
In this live webcast, which will be held on November 6, you will learn the unique requirements for the transportation of infectious substances, including how to:
- Classify the different types of infectious substances
- Determine when you must triple-package infectious substances, and how to package these materials in accordance with the latest regulatory requirements
- Mark, label, and document infectious substances for shipment by ground and air
- Protect yourself and coworkers from the hazards of infectious substances
- Comply with both DOT and IATA regulations for infectious substances shipped by ground and air
A special offer is available for sites with multiple attendees: after the first two attendees pay the full price, each additional attendee will attend at half price.
Texas Proposes to Adopt Solvent Wipe Rule and Two Other Hazardous Waste Rules
The TCEQ held a hearing on September 16 regarding the adoption of recent Federal RCRA Rule amendments that have not yet been adopted in Texas.
Super Stable Garnet Ceramics May be Ideal for High-Energy Lithium Batteries
Scientists at the Department of Energy’s Oak Ridge National Laboratory have discovered exceptional properties in a garnet material that could enable development of higher-energy battery designs.
The ORNL-led team used scanning transmission electron microscopy to take an atomic-level look at a cubic garnet material called LLZO. The researchers found the material to be highly stable in a range of aqueous environments, making the compound a promising component in new battery configurations.
Researchers frequently seek to improve a battery’s energy density by using a pure lithium anode, which offers the highest known theoretical capacity, and an aqueous electrolyte that can speedily transport lithium. The ORNL scientists believe the LLZO would be an ideal separator material, which is crucial.
“The reaction is very violent, which is why you need a protective layer around the lithium.”
Battery designers can use a solid electrolyte separator to shield the lithium, but their options are limited. Even the primary separator of choice, known as LAPT or LISICON, tends to break down under normal battery operating conditions.
“Researchers have searched for a suitable solid electrolyte separator material for years,” said ORNL’s Miaofang Chi, the study’s lead author. “The requirements for this type of material are very strict. It must be compatible with the lithium anode because lithium is reactive, and it also has to be stable over a wide pH range, because you can have an alkaline environment—especially with lithium air batteries.”
The researchers used atomic resolution imaging to monitor structural changes in LLZO after the samples’ immersion in a range of aqueous solutions. The team’s observations showed that the compound remained structurally stable over time across neutral and extremely alkaline environments.
“This solid electrolyte separator remains stable even for a pH value higher than 14,” Ma said. “It gives battery designers more options for the selection of aqueous solutions and the catholyte.” Catholyte is the portion of the electrolyte close to the cathode.
In lithium-air batteries, for instance, researchers have previously tried to avoid the degradation of the separator by diluting the aqueous solutions, which only makes the battery heavier and bulkier. With this new type of solid electrolyte separator, there is no need to dilute the aqueous electrolyte, so it indirectly increases the battery’s energy density.
Higher-energy batteries are in demand for electrified transportation and electric grid energy storage applications, leading researchers to explore battery designs beyond the limits of lithium-ion technologies.
The researchers intend to continue their research by evaluating the LLZO garnet’s performance in an operating battery. Coauthors are ORNL’s Chengdu Liang, Karren More, Ezhiylmurugan Rangasamy, and Michigan State University’s Jeffrey Sakamoto.
This research was conducted in part at the Center for Nanophase Materials Sciences, a DOE Office of Science User Facility. The research was supported by DOE’s Office of Science.
Farmers and Environmental Groups Challenge EPA over Herbicide Approval
Approved for use on GE corn and soybeans that were engineered to withstand repeated applications of the herbicide, the creation of 2,4-D-resistant crops and EPA’s approval of Enlist Duo is the result of an overuse of glyphosate, an ingredient in Monsanto’s Roundup. The misuse resulted in an infestation of glyphosate-resistant super weeds which can now be legally combatted with the more potent 2,4-D. Dow Chemical has presented 2,4-D resistant crops as a quick fix to the problem, but independent scientists, as well as USDA analysis, predict that the Enlist crop system will only foster more weed resistance.
Mississippi farmer Ben Burkett believes the approval has left communities who rallied against the herbicide feeling abandoned by a government that should be paying attention to the people it serves.
"The voices of independent family farmers are being drowned out by the revolving door of corporate and government agency heads,” said Burkett, who serves as president of the National Family Farm Coalition. “It's time for our government to pay attention to the farmer concerns about the negative impacts of herbicide-resistant GMO on our food supply."
“American farmers and our families are at risk,” said Iowa corn and soybean farmer George Naylor. “2,4-D is a giant step backwards—it’s just a terrible idea.”
The lawsuit was filed by Center for Food Safety and Earthjustice in the United States Ninth Circuit Court of Appeals on behalf of Beyond Pesticides, Center for Biological Diversity, Center for Food Safety, Environmental Working Group, the National Family Farm Coalition, and Pesticide Action Network North America.
The groups are challenging the approval under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), arguing that the EPA did not adequately analyze the impacts of 2,4-D on human health. They will also argue that the approval violated the Endangered Species Act, as there was no consult by the EPA with the Fish & Wildlife Service.
“Rural communities rely on EPA to take its job seriously—to fully consider potential health impacts before introducing new products or allowing a dramatic increase in use of a hazardous and volatile chemical like 2,4-D,” said Pesticide Action Network North America’s senior scientist Marcia Ishii-Eiteman, PhD. “Instead, EPA has given the green light to an enormous increase in toxic pesticide exposure.”
While the EPA proposed initially to restrict the use of Enlist Duo to Illinois, Indiana, Iowa, Ohio, South Dakota, and Wisconsin, it’s anticipated another 10 states will follow. The agency is currently accepting comments until November 14, 2014, on whether to register the herbicide cocktail in Arkansas, Kansas, Louisiana, Minnesota, Missouri, Mississippi, Nebraska, Oklahoma, Tennessee, and North Dakota.
“EPA’s unfortunate decision to approve Enlist Duo for use on genetically engineered crops will more than triple the amount of 2,4-D sprayed in the US by the end of this decade,” said Environmental Working Group’s senior policy analyst Mary Ellen Kustin. “Such an increase of a known toxic defoliant linked to Parkinson’s disease, non-Hodgkin’s lymphoma, and reproductive problems is unconscionable.”
“The toxic treadmill has to stop,” said Jay Feldman, executive director of Beyond Pesticides. “EPA and USDA cannot continue to ignore the history, science, and public opinion surrounding these dangerous chemicals so that a failed and unnecessary system of chemically-dependent agriculture can continue to destroy our health and environment.”
“When the EPA approved Enlist Duo, it knew this pesticide would contaminate our streams and rivers,” said Brett Hartl, endangered species policy director at the Center for Biological Diversity. “There is absolutely no doubt that the pesticide will harm dozens of endangered species like the American burying beetle, pallid sturgeon, and highly-endangered freshwater mussels.”
On September 16, 2014, the USDA issued its decision deregulating Enlist corn and soy, further paving the way for the EPA to approve the herbicide’s use on these crops. During the official public comment period on the USDA’s analysis of 2,4-D resistant corn and soybeans this spring, 400,000 citizens submitted comments opposing the crops. In June, another half million people sent their objections to EPA during their public comment period. Just this last month, a quarter million people told the White House to reject Enlist crops and Enlist Duo. Earthjustice collected more than 125,000 of the comments logged against the agency’s authorization for use of the powerful herbicide.
Whitford Corporation Fined $20,240 for Hazardous Waste Violations
In a settlement with the EPA, Whitford Corporation has agreed to properly manage the hazardous paint waste at its paint manufacturing operation in Elverson, Pennsylvania.
After a facility inspection on May 16, 2013, EPA cited the company for several RCRA violations involving hazardous waste stored at the facility, including solvents and paint wastes. The alleged violations included: operating a hazardous waste storage facility without a permit or interim status; failure to keep containers closed; and failure to label containers.
The settlement penalty reflects the company’s compliance efforts, and its cooperation with EPA in the resolution of this matter.
Five Companies Face FAA Penalties for Hazardous Materials Violations
The Federal Aviation Administration (FAA) is proposing civil penalties ranging from $54,000 to $66,000 against five companies for allegedly violating Hazardous Materials regulations.
The cases are as follows:
$66,000 against Quaker City Plating of Whittier, California – The FAA alleges that on March 17, 2014, Quaker City shipped a box containing five 1-gallon containers of paint on a FedEx cargo flight to Brunswick, Georgia, Employees at the FedEx package sorting facility in Jacksonville, Florida, discovered the shipment was leaking. Paint is a flammable liquid.
Quaker City has requested to meet with the FAA to discuss the case.
$65,000 against Freedom Manufacturing LLC, of Fremont, Ohio – The FAA alleges that on April 28, 2014, Freedom Manufacturing offered to FedEx a box containing six smaller packages, each holding approximately 1,000 bullets, for shipment by air to Key West, Florida. Workers at the FedEx package sorting facility discovered the package. Bullets are explosives.
Freedom Manufacturing has requested to meet with the FAA to discuss the case.
$57,400 against International Dental Supply (IDS) of Hialeah, Florida – The FAA alleges that on January 9, 2014, IDS shipped a package containing 20 eight-ounce bottles of acrylic, which is a hazardous flammable liquid, on a UPS cargo flight to Puerto Rico. Workers at the UPS package sorting facility in San Juan discovered the shipment was leaking. The FAA alleges IDS did not package the bottles to prevent breakage or leakage.
IDS has requested to meet with the FAA to discuss the case.
$54,000 against Saudi Chem Crete Co., Ltd. of Saudi Arabia – The FAA alleges that on November 4, 2012, Saudi Chem Crete offered to UPS two 1-gallon containers and two 1-quart containers of epoxy resin, a corrosive liquid, for shipment by air from Jeddah, Saudi Arabia to Elmendorf, Texas. Workers at the UPS package sorting facility in Louisville, Kentucky, discovered the shipment. The FAA alleges the package’s contents exceeded the maximum amount of epoxy resin that can be shipped on board cargo aircraft.
Saudi Chem Crete has 30 days from the receipt of the FAA's enforcement letter to respond to the agency.
$54,000 against Passport Health of Scottsdale, Arizona – The FAA alleges that on October 30, 2013, Passport Health offered to UPS three 2.5-ounce containers of flammable, liquid hand sanitizer for shipment by air. Workers at the UPS package sorting facility in Louisville, Kentucky, discovered the shipment.
Passport Health has 30 days from the receipt of the FAA's enforcement letter to respond to the agency.
Army Munitions Site Cited for Hazardous Waste Violations in California
The violations occurred over multiple years at the 173-acre site at 5300 Claus Road in Riverbank, CA. The Army owns the plant which manufactured munitions until May 2009. The munitions production created a variety of hazardous wastes that the Army treated in hazardous waste treatment units at the site. The site is a permitted hazardous waste treatment and storage facility.
The complaint, which was filed in Stanislaus County Superior Court, lists 12 causes of action alleging multiple violations that were not corrected for several years despite repeated efforts by DTSC to secure the Army’s compliance. They include:
- Failure to repair or remove deteriorated tanks and auxiliary equipment
- Failure to train the facility staff responsible for overseeing facility operations and compliance with hazardous waste laws
“Despite repeated efforts by DTSC to have the treatment units properly closed over a period of several years, the Army failed to comply,” said Paul Kewin, head of DTSC’s Enforcement and Emergency Response Division. “In order to ensure that public health and the environment are protected, DTSC expects that all hazardous waste facilities comply with the law, including the US Army.”
The alleged violations were discovered during multiple DTSC inspections of the facility over the past four years.
Seaboard Folding Box Assessed $14,775 Penalty for Air and Water Violations
The Massachusetts Department of Environmental Protection (MassDEP) has assessed a $14,775 penalty against Seaboard Folding Box Corp., of Fitchburg, operating as SFBC, LLC, for violating state Air Pollution Control, Hazardous Waste, and Industrial Wastewater regulations.
In a consent order, the company agreed to comply with applicable regulations and perform a study to identify pollution prevention opportunities for its operations. The company must pay $3,816 of the assessed penalty; the remaining $10,959 will be used for a Supplemental Environmental Project (SEP). The SEP will provide specialized safety equipment and clothing to the City of Fitchburg Fire Department.
"The company had numerous environmental violations, but once notified, worked diligently to attain compliance," said Lee Dillard Adams, director of MassDEP's Central Regional Office in Worcester. "If the company is aggressive in finding and implementing pollution prevention measures, it could save the company money and reduce its regulatory requirements. Pollution prevention makes good business and environmental sense."
San Diego Water Board Fines Companies for Failing to Comply with Stormwater Permits
The Executive Officer of the California Regional Water Quality Control Board, San Diego Region (San Diego Water Board) has ordered a $6,194 fine against A & L Tile Co., for its failure to comply with standardized statewide storm water permitting requirements for industrial facilities.
This action is part of a sweeping enforcement initiative targeting facilities that have refused to participate in the State Water Resources Control Board’s general industrial storm water permit process. The San Diego Water Board issued a $12,458 fine against GM Materials, Inc., in September for the same violation and has proposed penalty actions currently pending for three other facilities in the San Diego region.
“This is about water quality. Most businesses do their part. Others create an unfair competitive advantage by unnecessarily creating a high risk for water pollution,” said Executive Officer David Gibson. “Enforcement efforts like this serve as necessary deterrents. Our Board is always available to assist industry on a pathway to compliance in this important water quality requirement.”
By law, A&L Tile Co.’s, violation triggered a mandatory penalty. When the Legislature passed the Storm Water Enforcement Act in 1999, it established mandatory penalties for industrial facilities that fail, despite at least two clear notices, to enroll in the general industrial storm water permit.
These types of facilities are targeted because they have generally high potential to pollute downstream waters from their operations when it rains, yet can use relatively simple measures to minimize the pollution risk. In the case of A&L Tile, local and state inspectors pointed out that simple housekeeping efforts and planning would mitigate the water quality risk posed from the facility’s stone cutting operations.
“It’s hard to believe that facilities still reject assistance knowing that they face mandatory penalties for not complying with the statewide permit,” said Chiara Clemente of the San Diego Water Board’s enforcement team.
Sacramento Crude Transport Project Stopped Dead in its Tracks
Just one month after Earthjustice filed a lawsuit on behalf of Sierra Club challenging the Sacramento air district for rubber-stamping permits allowing Inter-State Oil Company to transfer Bakken crude oil from rail to truck without public or environmental review, the agency reversed course telling the oil company to cease all crude trans-loading operations. Recently, Inter-State responded in a letter to the Sacramento Metropolitan Air Quality Management District saying the company will stop handling crude as of November 14.
“This is the first crude transport project that has been stopped dead in its tracks in California,” said Suma Peesapati, Earthjustice attorney. “This is a victory for the health and safety of the people of Sacramento, for communities along the path of the trucks hauling this dangerous product to the bay area, and for the refinery communities where the crude is eventually processed. It signals that industry and government may not benefit from a lack of transparency and play dice with the lives of people who live along the paths of these dangerous oil trains.”
Earthjustice filed the lawsuit on behalf of the Sierra Club on September 23, holding the air district and Inter-State Oil accountable for neglecting to consider the risk to public health and safety of the project. The lawsuit also challenged the air district for eschewing obligations for review under the California Environmental Quality Act (CEQA) despite the fact that the project would have significant increases in air pollutants, including toxic air contaminants. In its letter to Inter-State, the Air District admitted that the permits were issued in error since the operation involved emissions increases necessitating the best available pollution controls. Earthjustice’s lawsuit alleged that these emissions increases also triggered public notice and environmental review under CEQA.
The air district first issued a permit to Inter-State to trans-load crude from rail to truck on March 27, however according to an investigation by the Sacramento Bee, the company had been illegally trans-loading crude without a permit as early as six month before that date. No notice was given to local fire and emergency responders or other officials about the handling of this highly flammable substance just 7 miles north of the California state capital.
“This is a huge victory for Sacramento residents and communities across California who are put in harm's way by trains carrying volatile, hazardous crude that are known to derail and explode,” said Devorah Ancel, Sierra Club staff attorney. “Local, state and federal governments must take further immediate action to notify the public when hazardous crude is railed through their communities and to ban the use of unsafe DOT 111 tank cars.”
As a result of the recent victory, Sacramento Superior Court is expected to dismiss the lawsuit.
EPA Proposes to Remove 72 Chemicals from Approved Pesticide Inert Ingredient List
“We are taking action to ensure that these ingredients are not added to any pesticide products unless they have been fully vetted by EPA,” said Jim Jones, Assistant Administrator for the Office of Chemical Safety and Pollution Prevention. “This is the first major step in our strategy to reduce risks from pesticides containing potentially hazardous inert ingredients.”
EPA is taking this action in response to petitions by the Center for Environmental Health, Beyond Pesticides, Physicians for Social Responsibility and others. These groups asked the agency to issue a rule requiring disclosure of 371 inert ingredients found in pesticide products.
Many of the 72 inert ingredients targeted for removal, are on the list of 371 inert ingredients identified by the petitioners as hazardous. The 72 chemicals are not currently being used as inert ingredients in any pesticide product. Chemicals such as, turpentine oil and nitrous oxide are listed as candidates for removal.
Most pesticide products contain a mixture of different ingredients. Ingredients that are directly responsible for controlling pests such as insects or weeds are called active ingredients. An inert ingredient is any substance that is intentionally included in a pesticide that is not an active ingredient.
For the list of 72 chemical substances and to receive information on how to provide comments, see the Federal Register Notice in docket # EPA-HQ-OPP-2014-0558. Comments are due November 21, 2014.
EPA Launches a Voluntary Star-Rating Program to Reduce Pesticide Drift
EPA is announcing a new voluntary Drift Reduction Technology (DRT) program to encourage the use of verified, safer pesticide spray products to reduce exposure and pesticide movement while saving farmers money in pesticide loss.
“Every year state and local agencies receive thousands of complaints about the impacts of pesticide drift on people, wildlife and plants,” said Jim Jones, Assistant Administrator for the Office of Chemical Safety and Pollution Prevention. “Our new star-rating system of products and technologies will help farmers reduce drift, protect neighbors and reduce costs by keeping more of the pesticide on the crop. We hope the new voluntary DRT will encourage the manufacture, marketing and use of safer spray technology and equipment scientifically proven to reduce pesticide drift.”
One to ten percent of agricultural pesticide sprays drift or move from the intended target crop. Every year about 70 million lb of pesticides valued up to $640 million are lost to pesticide drift. And, state agencies use substantial resources each year investigating drift complaints. Farmers have long been concerned about reducing pesticide product loss during and after application to crops and minimizing drift to neighbors.
DRT is a voluntary program that encourages manufacturers to test their technologies (such as nozzles, spray shields and drift reduction chemicals) for drift reduction potential. EPA encourages pesticide manufacturers to label their products for use with DRT technologies. The four DRT ratings represented by one, two, three or four stars are awarded for technologies that demonstrate at least 25% reduction in potential spray drift compared to the standard.
A pesticide manufacturer can choose to label a product for use with a DRT of a particular rating after receiving approval from EPA.
Over time, the program will move the agricultural sector toward the widespread use of low-drift technologies. Drift-reduction ratings could appear on pesticide labels as early as fall 2015.
Pennsylvania DEP Fines Regency Marcellus Gas Gathering LLC More Than $300,000 for Pipeline Construction Violations
The Department of Environmental Protection (DEP) recently announced it has fined Regency Marcellus Gas Gathering, LLC, of San Antonio, Texas, $306,570 for multiple violations of the Clean Streams Law, Dam Safety and Encroachment Act and state regulations during the construction of two natural gas pipelines in 2012 and 2013.
The pipeline construction was performed by PVR Marcellus Gas Gathering, LLC, of Williamsport, Lycoming County, which was later acquired by Regency.
“Many of these violations occurred over a significant period of time,” DEP Director of District Oil and Gas Operations John Ryder said. “We expect that Regency has made operational changes to avoid problems of this nature during future pipeline construction projects.”
Separated into two fines, the largest penalty of $275,000 was issued for numerous significant violations related to erosion and sedimentation during PVR’s construction of the Canton lateral natural gas pipeline in Lycoming and Tioga counties in 2012 and 2013.
Between October 2012 and June 2013, DEP staff conducted 18 inspections of several sections of the Canton pipeline and documented many violations related to inadequate erosion and sedimentation controls, unpermitted sediment discharges, stabilization issues and unpermitted encroachments at two stream crossings located in exceptional value watersheds.
At one crossing in Lycoming County, installation of the pipeline contrary to the DEP permit and approved site plans caused a severe stream encroachment in Little Elk Run, as well as the discovery of an unauthorized encroachment of an exceptional value forested wetland.
The department issued a compliance order to PVR on December 7, 2012, which required restoration of this area.
At another crossing in Tioga County, a significant slope failure led to ongoing sediment discharges into Brion Creek for several months before the problem was properly corrected.
DEP cited 39 violations at these two stream crossings during an eight-month period, including violations of the Clean Streams Law, Dam Safety and Encroachment Act and DEP’s Chapter 102 and 105 regulations.
The second penalty of $31,570 was issued for multiple sediment discharges and various erosion and sedimentation control violations in Lick Run, an exceptional value watershed, and an unnamed tributary during PVR’s construction of the Wistar extension natural gas pipeline in Lycoming and Sullivan counties in April 2013.
PVR eventually corrected all violations. Regency paid the penalties on August 29.
Borden & Remington Corp. Fined $114,118 for Chlorine and Ammonia Chemical Violations
A Fall River, Massachusetts, company has taken significant steps to make its chemical manufacturing, warehouse, and distribution facility safer following an Administrative Compliance Order issued by EPA in March 2014 that identified several dangerous conditions arising from the company’s use, storage and handling of chlorine and ammonia.
In a related settlement agreement filed by EPA, Borden also agreed to pay civil penalties of $114,118 to resolve EPA claims that the facility violated federal Clean Air Act requirements to prevent chemical releases at the facility.
“The chemicals manufactured at Borden & Remington’s Fall River plant, including sodium hypochlorite, are important for public health because they are used for disinfecting drinking water, wastewater, and swimming pools,” said Curt Spalding, regional administrator of EPA’s New England office. “That said, very dangerous chemicals, such as chlorine, are used to manufacture these disinfectants, so managing their risks is critical. The safety improvements the company is making should lower the risk of an ammonia or chlorine release in Fall River and better prepare emergency responders to address any mishap if one should occur.”
Exposure to chlorine and ammonia present significant health risks because each chemical is severely corrosive to the eyes, skin, and lungs, and exposure to high concentrations of either chemical can be fatal. Inhalation of chlorine at lower concentrations can cause lung inflammation, fluid in the lungs, chest pain, and vomiting. Inhalation of lower concentrations of ammonia can cause irritation of the eyes, nose, and throat and, if exposure continues or increases, can lead to narrowing of the throat and respiratory distress. Skin contact with ammonia can cause extensive damage by corrosive burns. Ammonia can explode if it is released in an enclosed space with a source of ignition present, or if a vessel containing anhydrous ammonia is exposed to fire.
The Clean Air Act’s Risk Management Plan requirements and its General Duty Clause both help prevent accidental releases of substances that can cause serious harm to the public and the environment from short-term exposures, and reduce the severity of releases that do occur. A company that fails to take these steps can leave the public and environment at risk from accidental releases.
This case stemmed from an EPA inspection of the facility in May 2012. Since the inspection, Borden has taken numerous steps to come into compliance with the Clean Air Act and reduce the risk of an accidental release at the facility, including by updating its RMP to include all covered ammonia and chlorine processes at the facility (previously, rail car storage was not covered); reducing the amount of hazardous chemicals on site and eliminating the use of some hazardous chemicals entirely; restricting public access to the plant; moving railcars of chemicals to more protected areas for storage; implementing design changes and work practices to reduce the likelihood of an accidental release; refurbishing tanks, piping, supports, and electrical equipment that had been compromised by severe corrosion; separating incompatible chemicals inside the company’s warehouse; and adding containment berms designed to limit the spread of potential spills.
As part of its settlement with EPA, Borden certified that it has corrected the dangerous conditions identified by EPA and is now operating its facility in compliance with the Clean Air Act’s RMP requirements and General Duty Clause. Borden cooperated with EPA in promptly correcting the violations following the issuance of the Administrative Compliance Order and in reaching a quick settlement.
EPA Acts to Protect Children from Lead-Based Paint Hazards in California
The EPA announced settlements with construction companies in California that were not EPA-certified to handle lead-based paint safely before or during renovations in older housing and schools. The lead-based paint Renovation, Repair, and Painting rule requires companies to be properly trained and certified before working in pre-1978 homes and schools. The rule is designed to prevent children from coming into contact with hazardous lead dust.
“More than half a million children in America have blood lead levels high enough to cause learning disabilities and behavior problems,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Lead-based paint remains in tens of millions of homes and is the main source of lead exposure for children, so contractors have to be trained and certified to ensure renovations are done safely.”
EPA recently settled with the following nine companies for failing to be certified before advertising, bidding on, or performing renovation and repair projects in older housing and schools. Each company was ordered to pay a $1,000 civil penalty and, in most cases, required to complete training and obtain certification:
- A & D Construction Inc., Hayward
- AB Builders, Pleasant Hill
- CF Contracting, Fairfax
- Cogent Construction & Consulting Inc., San Francisco
- EF Brett & Company Inc., San Francisco
- Nema Construction, Albany
- Regency Construction Company Inc., Carmel Valley
- Southland Construction Management Inc., Pleasanton
- Welliver Construction, Eureka
Contractors who disturb painted surfaces in pre-1978 homes and child-occupied facilities must be trained and certified, provide educational materials to residents, and follow safe work practices. The US banned lead-based paint from housing in 1978 but EPA estimates that more than 37 million older homes in the US still have lead-based paint.
Nationwide, more than 100,000 contractors have completed the process to become certified. A single day of training is required to learn about the lead-safe work practices, but many companies continue to operate without training or certification and without regard for the potential harm to children. EPA continues to pursue enforcement against companies that are not certified and uses information from the public to help identify violators.
Children under six years old are at most risk. Currently, no level of lead in blood has been identified as safe for children.
Cincinnati Landlord Fails to Inform Tenants of Lead Hazards
The US Department of Housing and Urban Development (HUD), the US Attorney’s Office for the Southern District of Ohio, and the EPA recently announced a settlement against a Cincinnati landlord for failing to inform tenants that their homes may contain potentially dangerous lead. The agreement requires Meyer Management, Inc. to replace windows and clean up lead-based paint hazards in 136 residential properties containing a total of 224 units (see attached list). In addition to the $350,000 worth of lead abatement work being performed, the company also agrees to pay civil penalties totaling $7,500.
Cincinnati health department officials identified at least 5 children with elevated blood lead levels in the properties. Lead inspections and risk assessments had been performed in additional units, such that Meyer Management, Inc., had specific knowledge of lead in as many as 21 of the units in its properties. Going forward, Meyer Management, Inc. will ensure that information about lead-based paint will be provided to tenants before they are obligated under their lease.
As a result of the settlement, Meyer Management, Inc., will perform lead-based paint hazard reduction work, including window replacement and abatement of all friction and impact surfaces, and clearance exams within a period of six years to make those units lead safe for families. In addition, Meyer Management, Inc. will pay a $7,500 civil money penalty.
"Children should be protected from lead's destructive and permanent effects," said Matt Ammon, Director of HUD’s Office of Lead Hazard Control and Healthy Homes. "We hope this settlement serves as a reminder to housing providers to do the right thing and let families who rent know about lead in their homes so they can protect their children from its hazards."
"Through these enforcement actions, EPA is sending a clear message to landlords and property managers that protecting children from exposure to lead-based paint is one of our highest priorities," EPA Region 5 Administrator Susan Hedman said.
"This case illustrates the continued commitment by health officials and federal agencies to protect families' rights to a safe living environment," said US Attorney Carter Stewart. "I commend the cooperative investigation."
The settlement announced recently represents the third joint Residential Lead Act enforcement action in Cincinnati and was the result of intensive coordination among local health officials and federal investigators. HUD, EPA and the Department of Justice are continuing similar enforcement efforts around the nation, and so far have taken enforcement actions in which landlords have agreed to conduct lead-based paint hazard reduction in more than 186,745 apartments and pay $1,466,399 in civil penalties. In addition, a total of $703,750 has been provided by Defendants to community-based projects to reduce lead poisoning. In settling these cases, landlords have committed to expend more than an estimated $31 million to address lead-based paint hazards in the affected units.
Background
The Residential Lead Act is one of the primary federal enforcement tools to prevent lead poisoning in young children. The Lead Disclosure Rule requires home sellers and landlords of housing built before 1978 to disclose to purchasers and tenants knowledge of lead-based paint or lead-based paint hazards using a disclosure form, signed by both parties, attached to the sales contract or lease containing the required lead warning statement, provide any available records or reports, and provide an EPA-approved “Protect Your Family From Lead in Your Home” pamphlet. Sellers must also provide purchasers with an opportunity to conduct a lead-based paint inspection and/or risk assessment at the purchaser’s expense.
Health Effects of Lead-Based Paint
Lead exposure causes reduced IQ, learning disabilities, developmental delays, reduced height, poorer hearing, and a host of other health problems in young children. Many of these effects are thought to be irreversible. In later years, lead-poisoned children are much more likely to drop out of school, become juvenile delinquents and engage in criminal and other anti-social behavior. As reported in the New England Journal of Medicine, researchers found that even at low levels, lead exposure in children can significantly impact IQ and even delay puberty in young girls.
At higher levels, lead can damage a child's kidneys and central nervous system and cause anemia, coma, convulsions and even death. According to the Centers for Disease Control and Prevention (CDC), 4 million households have children living in them that are being exposed to high levels of lead. There are approximately half a million US children ages 1-5 with blood lead levels above 5 micrograms per deciliter (µg/dL), the reference level at which CDC recommends public health actions be initiated."
Eliminating lead-based paint hazards in older low-income housing is essential if childhood lead poisoning is to be eradicated. According to CDC estimates, the percentage of children with elevated blood lead levels has been cut in half since the early 1990's, although as many as 1 million children are still affected by lead poisoning today. HUD estimates that the number of houses with lead paint has declined from 64 million in 1990 to 38 million in 2000. About 24 million homes still have significant lead-based paint hazards.
Ten Cities Honored for Efforts by Households to Reduce Greenhouse Gas Emissions
The cities of Riverside, Claremont and Rancho Cucamonga—top finishers in a competition among cities to cut carbon emissions—received special recognition recently at an award ceremony before the California Air Resources Board, marking the completion of the second CoolCalifornia City Challenge.
In a hard-fought battle, the city of Riverside edged out second-place Claremont to be crowned the state’s “Coolest California City.” Claremont and third-place Rancho Cucamonga each were named “Cool California Cities.” ARB Chairman Mary D. Nichols presented the mayor or representative of all three finalist cities with a special award at the Air Resources Board meeting. The Board also recognized all participating Challenge cities, including Arcata, Burlingame, Chula Vista, Corona, Long Beach, Lynwood, and Mission Viejo.
Together, all 10 Challenge cities engaged nearly 4,000 households to take simple, everyday actions to reduce their carbon footprint. Compared to last year, this year’s challenge had 40% more households and 60% more greenhouse gas reductions in half the time. In total the participants saved more than 800,000 lb of carbon dioxide, equivalent to removing more than 140 California homes from the grid or 80 automobiles from the road for a year.
“This year’s competition was impressive, engaging thousands of households and civic groups in simple actions to fight climate change, and save money at the same time,” ARB Chairman Mary D. Nichols said. “The CoolCalifornia City Challenge once again demonstrated the important role that cities play in the state’s efforts to fight climate change and move us toward a cleaner, sustainable economy.”
The recent award ceremony wraps up the six-month challenge in which thousands of households in cities across California competed for the biggest citywide carbon footprint reduction. Cities sought to reduce greenhouse gas emissions and create vibrant, healthy communities by encouraging residents to conserve household energy and reduce emissions from driving cars.
Participants engaged in a wide range of activities, including replacing light bulbs with more efficient LEDs, drying clothes on the line, using less air conditioning when possible, and biking or taking public transit. Some chose to invest in rooftop solar or purchase electric vehicles, decisions that will provide carbon reductions and additional savings for many years.
Participants logged their monthly energy data and motor vehicle miles onto an online website that determines how much carbon is being cut and calculates how many points those actions generated for each household and municipality.
All cities received a portion of $100,000 in prize money based on the number of households that signed up by May 30, and how many points they earned at the close of the contest on September 29. The largest sum—$32,950—went to the city of Riverside.
In addition to a cash prize to use for the civic improvement of their choice, the winning city gains bragging rights and recognition. ARB and program partners at the University of California Berkeley also gain valuable information about how to get individuals to voluntarily make changes to curb their carbon footprints and foster sustainability and green economic development. Voluntary actions are included as elements in California’s climate plan, and ARB has developed a variety of tools and resources to support these non-regulatory efforts.
“The CoolCalifornia City Challenge is an outstanding example of action at the local level that saves both carbon and money, and provides a platform for cities to learn from each other,” said Professor Daniel Kammen, who led the pilot research for the Challenge along with lead researcher Christopher Jones, at UC Berkeley’s Renewable and Appropriate Energy Laboratory. “Consistently we have found that sharing best practices is often the missing link in advancing the ability of communities to become more sustainable.”
Watershed Academy Webcast on Climate Resilience
It will also discuss a new workbook from EPA called “Being Prepared for Climate Change: A Workbook for Developing Risk-Based Adaptation Plans,” developed to help communities prepare for climate change impacts. The webcast will highlight how the workbook has been used in a pilot project with the San Juan Bay Estuary Program. The webcast takes place Wednesday, October 29, 2014, from 1:00 p.m.–3:00 p.m. ET.
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Trivia Question of the Week
US emissions of air pollutants declined 16% from 2007–2012. Which of the following made the greatest contribution to this reduction?
a) Renewable energy
b) Energy efficiency
c) Natural gas
d) Increased use of hybrid cars