Mandatory Reporting of Greenhouse Gases Begins in December

 The rule requires reporting of greenhouse gas (GHG) emissions from large sources and suppliers in the United States, and is intended to collect accurate and timely emissions data to inform future policy decisions.

Under the rule, suppliers of fossil fuels or industrial greenhouse gases, manufacturers of vehicles and engines, and facilities that emit 25,000 metric tons or more per year of GHG emissions are required to submit annual reports to EPA. The gases covered by the proposed rule are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFC), perfluorocarbons (PFC), sulfur hexafluoride (SF6), and other fluorinated gases including nitrogen trifluoride (NF3) and hydrofluorinated ethers (HFE).

The final rule was signed by the Administrator on September 22, 2009. 

DOT Revises Emergency Response Phone Number Requirement For Shipping Papers

 In order to preserve the effectiveness of these arrangements for providing accurate and timely emergency response information, PHMSA is requiring basic identifying information (offeror name or contract number) to be included on shipping papers. This information will enable the emergency response information provider to identify the offeror on whose behalf it is accepting responsibility for providing emergency response information in the event of a hazardous materials incident and obtain additional information about the hazardous material as needed.

In this rulemaking PHSMA is requiring offerors (shippers) who rather than entering the shipper’s emergency response phone number, choose the option to enter an Emergency Response Information (ERI) provider’s phone number on shipping papers (such as Chemtrec), to make an arrangement with the ERI provider, and to:

• Identify the offeror on the shipping paper in clear association with the emergency response telephone number. If the name of the offeror is prominently and clearly listed elsewhere on the shipping paper, it need not also be listed in association with the emergency response telephone number.
• Ensure that any person preparing a subsequent shipping paper for continued transport of a hazardous materials shipment must include the offeror’s name (whether the original or subsequent offeror) that is the registrant for the ERI provider and that will be in use for the continued transportation of the shipment. The name of the original or subsequent offeror or its contract number with the ERI provider must be included on the shipping paper. If the original or subsequent offeror is not continuing as the registrant with the ERI provider, the person preparing subsequent shipping papers must insert and identify by name its own valid emergency response telephone number conforming to the requirements in Subpart G of Part 172.
• Ensure that the person answering the ERI provider’s telephone number transmits all written information in English.
• Ensure that international telephone numbers used to meet the emergency response telephone number requirement include the international access code or a + sign as a placeholder for the international access code, country code, and city code as appropriate.
• Ensure that the emergency response telephone number provided on the shipping paper is in a clearly visible location.
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• To learn more about how to comply with the latest DOT regulations, attend Environmental Resource Center’s hazardous material transportation training.

Self-Reporting Environmental Violations Lessen Penalties Nearly $400,000 in California

Six California companies that voluntarily disclosed and corrected environmental violations have seen penalties waived by the EPA. It’s the result of an EPA policy that has been successful in getting companies to make good-faith efforts in self-policing their own environmental compliance.

The recent self-disclosure cases had potential penalties ranging from $18,900 to $192,400 for environmental violations EPA determined caused no serious or actual harm to human health or the environment. Altogether, the six companies avoided $381,600 in penalties.

“This is a win for communities and for the EPA,” said Enrique Manzanilla, EPA’s Communities and Ecosystems Division director for the Pacific Southwest region. “Responsible businesses take it upon themselves to check for compliance and promptly disclose any environmental violations found. If they correct them quickly, these companies often see penalties reduced—in some cases to zero.”

Because the companies satisfied all conditions of the EPA’s self-disclosure policies and there was no economic benefit gained, EPA eliminated potential penalties. The six California facilities included:

• Arnco Corporation, South Gate

    Potential Fine: $34,800

• Duncan Enterprises, Fresno

    Potential Fine: $18,900

• Grover Products Company, Los Angeles

    Potential Fine: $57,600

• Redman Equipment and Manufacturing, Inc, Torrance

    Potential Fine: $21,900

• Super Store Industries, Turlock

    Potential Fine: $192,400

• Synergetics, Monterey

    Potential Fine: $56,000

EPA has two policies that allow the agency to reduce penalties up to 100% for violations that companies voluntarily disclose violations.  The policy excludes criminal acts, violations resulting in serious actual harm to public health or the environment, and repeat violations. Under EPA’s small business policy, the agency may reduce penalties for businesses with fewer than 100 employees that voluntary discover, by any means, violations of environmental law and promptly disclose and correct them.

EPA to Clarify Pesticide Label Changes

EPA is planning a minor rulemaking to make revisions to 40 CFR 156, Labeling Requirements for Pesticides and Devices. The purpose of this effort is to update the structure of the regulation and make several clarifying changes. In addition to these planned minor revisions, EPA will solicit suggestions from stakeholders on what the Agency might consider for future changes to the labeling regulations. 

DOT to Propose Further Harmonization with International Hazmat Transport Recommendations

These amendments may be necessary to harmonize the HMR with revised editions of the United Nations Recommendations on the Transport of Dangerous Goods Model Regulations and Manual of Tests and Criteria, the International Maritime Organization’s Dangerous Goods Code, the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air, and Transport Canada’s Transport of Dangerous Goods Regulations.

Among the changes are:

• Reclassification of sour crude as flammable and toxic
• Reclassification of certain division 1.4 explosives
• Requiring rebottled IBCs to have replacement bottles from the original manufacturer
• Adoption of internal standards for consumer commodities and limited quantities
• Adoption of international standards for in vitro testing for corrosivity

DOT is soliciting public comment regarding the safety consequences, regulatory burden, and cost implications of some of the more significant amendments adopted or under consideration for adoption in these international standards.

EPA Changing Federal Register Access

Beginning November 1, 2009, users of EPA’s Federal Register website will be redirected to Regulations.gov  for Federal Register information. The Federal Register List Serve will continue for a period after the transition, but will no longer be available after December 31, 2009.

List serve users will be able to subscribe to an RSS feed to receive notifications on frequently updated content on Regulations.gov, which allows subscribers to receive alerts when changes or additions occur in a docket folder. Users will able to select how frequently they would like to receive emails regarding any updates (i.e., daily, weekly, or monthly).

EPA Requests Comments on Survey for Storm Water Rule

EPA has proposed a survey to help strengthen storm water regulations and reduce storm water discharges from newly developed and redeveloped sites. Storm water discharges can harm water quality through increases in storm water volume and pollutant loadings into nearby waterways.

Generally, as sites are developed, less ground area is available for rain to soak into, which increases storm water volume. This storm water flows across roads, rooftops and other surfaces, picking up pollutants that then flow into waterways. The draft survey asks for detailed information about storm water management and control practices, local regulations, and baseline financial information.

EPA plans to propose a rule to control storm water from newly developed and redeveloped sites and to take final action no later than November, 2012. In support of this rulemaking, EPA is proposing to require three different groups to complete questionnaires about current storm water management practices: 1) the owners, operators, developers, and contractors of newly and redeveloped sites; 2) the owners and operators of municipal separate storm sewer systems; and 3) states and territories.

The proposed survey will be open for public comment for 60 days following publication in the Federal Register. 

National Emission Standards for Hazardous Air Pollutants for Elemental Phosphorous Production

Elemental Phosphorus Production was not listed as one of the categories on the Source Category list to be regulated under Clean Air Act (CAA) Section 112. However, EPA has received petitions from States to develop a Maximum Available Control Technology (MACT) standard for this category, and has heard from environmental groups who are also interested in having a MACT standard developed. Therefore, EPA is planning to develop a rulemaking in which this source category will be listed and regulated.

One elemental phosphorous plant remains in the United States. The production of elemental phosphorous involves mining of phosphate ore, sizing of the mined material, calcining the processed ore, and blending it with silica and coke before melting it in a furnace under reduced (no oxygen) conditions. During the furnace process, elemental phosphorous is evolved as a gas and captured, then condensed in a cooling process, and transferred into tanks and cylinders under pressure.

All of the elemental phosphorous in the U.S. is produced at one plant and about 90% of it is used as a raw material for the production of Roundup©, a Monsanto product. The remainder is used as a food grade additive and for military purposes.

The production processes emit particulate matter (PM), radionuclides, mercury (Hg), hydrogen cyanide (HCN), and carbon dioxide (CO2).

About a half ton of mercury is known to be emitted from the source annually. Mercury deposition in this area is a health problem in part due to the source’s location in Idaho’s recreation areas, near formerly pristine lakes and streams. Small residential areas and schools are within a few miles of the plant. Mercury is bioaccumulative (that is, it accumulates in the body’s tissues), and crosses the blood/brain barrier and the placental barrier. Therefore, women and children are disproportionately affected by mercury emissions. Serious health effects are known to be caused by exposure to mercury. Mercury accumulates in the environment in fish, water, and soil and because of this, it is also absorbed by wild game such as deer, fish, and fowl.

National VOC Emission Standards for Architectural Coatings

EPA plans to amend the existing Architectural Coatings Rule at 40 CFR 59, subpart D to update the categories and limits to make them consistent with the Ozone Transport Commission model rule. This action is being taken in response to a CAA Advisory Committee recommendation. This action was originally combined with similar amendments for consumer and commercial products under the National VOC Emission Standards for Consumer Products Amendments. However, EPA determined that the other source categories in the rulemaking will be delayed due to the need for further analysis, so the Agency has decided to separate out the Architectural Coatings piece as a separate rulemaking.

Department of Energy and National Labs Release New Data on Commercial Building Energy Goals

The Department of Energy (DOE) has issued technical support documents that suggest how to achieve 50% energy savings in four key commercial building sectors. This is taking place less than two years after launching the Net-Zero Energy Commercial Building Initiative, which aims to achieve marketable net-zero energy commercial buildings by 2025. The following technical support documents are available:

The technical support documents were created under the direction of DOE’s Building Technologies Program. They describe the assumptions, methodologies, and analyses used to reach 50% energy savings over ASHRAE/IESNA Standard 90.1-2004 in general merchandise, grocery store, lodging, and medium office buildings.

The technical support documents demonstrate that higher levels of energy performance can be achieved in the commercial building industry. These reports are often the basis for Advanced Energy Design Guides—or How To guides that target architects, engineers, and other design practitioners.

Report data is also shared with members of DOE’s Commercial Building Energy Alliances, which are comprised of commercial building owners and operators. Each alliance works with DOE to reduce the energy use and the environmental footprint in the retail, commercial real estate, and hospital sectors, as well as to help disseminate valuable building information within each sector.

EPA Proposes a Partial Withdraw of the Final Rule for National Emission Standards for Hazardous Air Pollutants from Petroleum Refineries

EPA is proposing to withdraw the residual risk and technology review portions of the final rule amending the National Emission Standards for Hazardous Air Pollutants from Petroleum Refineries, which was signed by EPA’s former Administrator, Stephen Johnson, on January 16, 2009. 

Written comments must be received on or before November 27, 2009, unless a public hearing is requested by November 9, 2009. If a hearing is requested on the proposed partial withdrawal, the deadline for submitting written comments will be extended until December 14, 2009.

National Emission Standards for Hazardous Air Pollutants from Petroleum Refineries Amended by EPA

This action also amends the general provisions cross-reference table and corrects section references. The final amendments became effective on October 28, 2009.

EPA Releases Draft Document Related to the Review of the National Ambient Air Quality Standards for Carbon Monoxide

 This draft document describes the quantitative analyses that are being conducted as part of the review of the National Ambient Air Quality Standards (NAAQS) for carbon monoxide (CO). Comments should be submitted on or before November 19, 2009.

Citizens Group Proposes Consent Decree Requiring EPA to Promulgate Emission Standards for Coal- and Oil-fired Power Plants

On December 18, 2008, this same Citizen’s Group filed a complaint alleging that EPA failed to perform a non-discretionary duty to promulgate final maximum achievable control technology (MACT) emissions standards for hazardous air pollutants from coal- and oil-fired electric utility steam generating units (EGUs or power plants), pursuant to CAA section 112(d), by the statutorily-mandated deadline. Under the terms of the proposed consent decree, EPA must file a notice of proposed rule in the Federal Register not later than March 16, 2011, establishing EPA’s proposed emission standards for coal- and oil-fired EGUs pursuant to CAA section 112(d).

In addition, EPA must publish a notice of final rulemaking setting forth EPA’s final emission standards for coal- and oil-fired EGUs pursuant to CAA section 112(d) in the Federal Register no later than November 16, 2011.

Written comments on the proposed consent decree must be received by November 27, 2009. 

Department of Health and Human Services Announces Final Priority Data Needs for Six Priority Hazardous Substances

 As part of the continuing development and implementation of the ATSDR Substance-Specific Applied Research Program (SSARP), the notice also serves as a continuous call for voluntary research proposals related to these materials.

NSPS/Emission Guidelines (EG) for Sewage Sludge Incinerators

Under section 129 of the CAA, EPA is required to adopt and implement maximum achievable control technology (MACT) standards for both new and existing Sewage Sludge Incineration units (SSI). Regulations for Other Solid Waste Incinerators (OSWI) were promulgated on December 15, 2005. However, at that time, EPA did not issue standards or guidelines for SSI units and several other incinerator categories. In 2007, the D.C. Circuit Court of Appeals issued a decision vacating EPA’s definition of “solid waste incineration unit,” holding that “any facility that combusts any commercial or industrial solid waste material at all” is a commercial or industrial solid waste incineration unit. Based on this decision, in this rulemaking, EPA is re-evaluating whether SSI units are in fact solid waste incineration units and whether, as such, they must be regulated under section 129 and plans to issue a notice of proposed rulemaking within the next 12 months. 

Pennsylvania DEP Fines United Refining $495,000 for Air Quality Violations at Petroleum Refinery

Under a settlement agreement with the Pennsylvania Department of Environmental Protection (DEP), United Refining Co., will pay a $495,000 penalty for violating its air quality permit at the company’s petroleum refinery in Warren, Pennsylvania.

United was cited for frequently violating its permit emission limits, the most significant of these being the limit for sulfur dioxide. Continuous emission monitors at the facility indicated that United also exceeded emission limits for hydrogen sulfide and opacity from various sources, and additionally, the company failed to submit required reports in a timely manner. The violations date back to May 2007, but United has since taken corrective actions.

“In response to numerous emission violations, United has installed new equipment and software to improve its day-to-day emissions monitoring,” said DEP Regional Director Kelly Burch. “The company also is implementing a plan we have approved that will hold it to its reporting schedule.”

The $495,000 penalty will be paid into Pennsylvania’s Clean Air Fund, which supports projects designed to improve air quality throughout the state.

EPA Reaches Agreement with Sunoco on Clean-air Violations

EPA Region 5 has reached an agreement with Sunoco Inc. (R&M), on alleged clean-air violations at the company’s chemical plant in Haverhill, Ohio. The agreement, which includes a $400,000 penalty, resolves EPA allegations that Sunoco failed to comply with federal requirements for controlling leaks of hazardous air pollutants from equipment at the plant.

Hazardous air pollutants may cause serious health effects including birth defects and cancer. They may also cause harmful environmental and ecological effects.

EPA Settles with Usher Enterprises on Hazardous Waste Violations with $700,000 to be Spent on Facility Updates

EPA Region 5 has settled with Usher Enterprises Inc., of Detroit, Michigan, for alleged violations of federal hazardous waste regulations at two of its oil recycling facilities.

EPA’s administrative order requires the company to spend $700,000 to upgrade two of its facilities by installing new tanks, upgrading secondary containment, and decontaminating and testing the integrity of other tanks. Usher will also pay a $19,700 penalty.

Usher Enterprises is a used oil processor operating two facilities in the Detroit area. It stored close to one million gallons of used oil at one location and has more than 50 tanks at a second location.

Inspections were part of the Detroit Flyway Initiative, which focused on oil-related facilities that might have an impact on the Detroit River, a major nesting and feeding area for migratory birds.

Bushmills Ethanol to Pay $425,000 Environmental Penalty

Bushmills Ethanol Inc., will pay a civil penalty totaling $425,000 for a variety of alleged violations at the company’s ethanol production facility in Atwater, Minnesota. A portion of the penalty includes supplementary environmental projects (SEPs), valued at $175,000, which will be completed by the company during the next four years.

The violations, which occurred from 2006 to 2009, were discovered during Minnesota Pollution Control Agency (MPCA) staff inspections of the facility and through review of operational records the company is required to submit to the MPCA under its environmental permits.

Numerous violations were identified, including producing ethanol above the facility’s permitted limit, failure to inspect and maintain production and pollution-control equipment, recordkeeping and reporting violations, and exceeding permitted wastewater discharge limits.

The facility started operation in December 2005 with a permitted production capacity of 49 million gallons of denatured ethanol per year. In August 2006, the company requested an amendment to the permit to increase its production limit to 65 million gallons per year, which required an amended air-quality permit to be issued prior to making the change. The MPCA granted the company’s request to amend the permit in May 2007, but by that time the facility had already been out of compliance and was exceeding its permitted capacity.

Other air-quality violations related in part to the company’s failure to regularly maintain, inspect, and record information related to process- and pollution-control equipment as required in the facility’s permit. These violations, combined with the overproduction, created a situation where the facility could potentially emit more regulated air pollutants than allowed by its permit.

The facility had been permitted to discharge its wastewater and storm water to a golf course for irrigation. Instead, the discharge was routed into the city of Atwater’s storm-sewer system without prior authorization from the MPCA. Additionally, the facility exceeded permitted discharge limits for regulated pollutants. The penalty agreement requires Bushmills Ethanol Inc., to submit a proposal for the SEPs to the MPCA by October 2010, and to spend at least $175,000 on the projects.

In addition to paying the civil penalty, the company agreed to correct the violations as well as create specific plans on how it will ensure compliance with permit limits and prevent reoccurrence of the violations in the future. Those requirements have been met.

Startup, Shutdown, and Malfunction Amendments to Certain MACT Standards

The D.C. Circuit Court of Appeals has vacated the startup, shutdown, and malfunction (SSM) exemptions of part 63 General Provisions, of the Clean Air Regulations. EPA plans to issue an advanced notice of proposed rulemaking within the next year, which would establish emission standards for some SSM events for certain MACT standards that would be affected immediately by the vacatur. These amendments will be developed to limit enforcement liability to affected sources. 

DOT Increases Weight Allowed for Shipments of Oxygen Generators by Cargo Aircraft

The intended effect of this rule is to provide regulatory relief by raising the quantity threshold for shipments of chemical oxygen generators transported aboard cargo aircraft only. This action was found to be necessary to address difficulties concerning implementation and compliance with the requirements for the transportation of chemical oxygen generators in outer packagings meeting certain flame penetration resistance standards and thermal protection capabilities, as evidenced by comments received from the hazardous materials industry and other interested parties.

EPA Releases Child-Specific Exposure Factors Handbook

This document provides introductory information about the handbook and presents a summary of the recommendations presented in the Child-Specific Exposure Factors Handbook (CSEFH).

The CSEFH presents behavioral and physiological data on various factors used in assessing exposure, specifically for children ages 0 to 21 years old. This document was first offered to the public in 2002 as a tool to exposure assessors for assessing childhood exposures to environmental agents. Since that time, the EPA has incorporated updated data, revised the recommendations for several exposure factors, and developed a standardized set of age categories to be used for children’s exposure assessment.

Cytec Industries Fined for Clean Air Violations

Cytec Industries, an international chemical company based in Wallingford, Connecticut, will pay a civil penalty of $155,000 and spend $150,000 to perform an environmentally beneficial project to resolve EPA claims that the company violated the federal CAA.

The company’s Wallingford plant contained a production line that used to manufacture resins. These resins, which are used in the coating of certain types of furniture, contain hazardous air pollutants (HAPs). An EPA inspection revealed that Cytec emitted excess HAPs, including formaldehyde and methanol, in violation of the National Emissions Standards for Hazardous Air Pollutants (NESHAPS) for Amino/Phenolic Resins. Cytec also failed to submit to EPA an adequate operating plan for several tanks that store volatile liquids and failed to properly respond to EPA’s requests for information.

“Hazardous air pollutants can pose a serious risk to workers and to the public,” said EPA Acting Regional Administrator Ira Leighton. “It is critical that all companies make every effort to comply with environmental laws and regulations and minimize pollution.”

The environmental project that Cytec will perform involves a two-phase effort to reduce volatile organic compounds (VOCs) and methane emissions from a landfill located at Cytec’s facility. Under the settlement, Cytec will conduct emissions monitoring of the landfill and subsequently design and implement a system to capture and control 75% of VOCs and methane emissions from the landfill. This system could result in emissions reductions of up to 2,500 tons of methane and 6 tons of VOCs.

Exposure to formaldehyde can result in respiratory symptoms as well as eye, nose, and throat irritation. Exposure to methanol can result in blurred vision, headache, dizziness, and nausea. Formaldehyde and methanol are also VOCs, which contribute to the formation of ground-level ozone (i.e., smog). Exposure to ground level ozone can trigger a variety of health problems, including chest pain, coughing, throat irritation, and congestion. Exposure to ground level ozone can also exacerbate conditions associated with bronchitis, emphysema, and asthma.

Cytec has informed EPA that it has stopped the production of spray dried resins and will dismantle the resin production line. The company still maintains storage vessels for other production lines and has submitted a revised operating plan for them.

Lennar Pays $182,519 to Settle CAA Violations

Tempe, Arizona, developer Lennar Communities Development, Inc., has settled with EPA for a total of $182,519—a combined $38,425 fine and $144,094 SEP—in response to alleged dust violations that occurred at residential construction sites in Maricopa County.

“Maricopa County’s particulate air pollution is a serious problem,” said Deborah Jordan, director of the Air Division in the EPA’s Pacific Southwest office. “The EPA works closely with local air quality agencies to enforce existing regulations, and remind companies such as Lennar that not complying with the law will not be tolerated.”

“Air quality is a concern for many who live in and travel through Maricopa County. The resolution of this case provides for positive measures which will help improve air quality in the future,” stated Dennis K. Burke, U.S. Attorney, District of Arizona.

Between November 2003 and January 2005, Lennar Communities Development, Inc., violated Maricopa County air quality rules during residential construction projects at five different sites in the county. Maricopa County air quality inspectors discovered the following violations:

• Failure to install a trackout control device to remove particulate matter from vehicles on seven different occasions; and
• Failure to immediately clean up dirt tracked out 50 feet beyond the sites on five different occasions.
  
  

For their SEP, the company will reduce particulate pollution from entering the air by retrofitting City of Phoenix-owned vehicles and equipment with particulate emission control devices. The project will help alleviate respiratory and air quality problems associated with diesel exhaust.

In Maricopa County, particulate matter—wind blown dust from construction and home development sites, road building activities, unpaved parking lots and roads, disturbed vacant lands, and paved road dust—seriously affects air quality and local health.

$125,000 Fine for Storm Water Violations at Construction Site

Developers conducting work in Idaho are facing $125,000 in proposed penalties for violating the federal Clean Water Act (CWA) at a construction site in Smiths Ferry, Idaho, according to a complaint issued by EPA.

Sal Gallucci, JJS Southwest LLC, and Whitehawk Land Development Corporation failed to apply for a construction general permit prior to building and improving roads at the Whitehawk Subdivision from 2005-2009, according to the EPA complaint. A permit is required by the federal CWA for construction activities that have the potential to discharge pollutants into waterways. The construction site is located near the North Fork of the Payette River, which is listed as impaired.

“The North Fork of the Payette River is one of Idaho’s gems, and it must be protected,” said Jim Werntz, Director of the Idaho Operations Office for EPA. “Developers and contractors need to follow the permit requirements and properly engineer roads within their construction sites so that sediment runoff does not pollute Idaho’s valuable waterways.”

The Idaho Department of Environmental Quality and EPA conducted several inspections on the 850-acre property in 2008 and 2009. Inspectors from both agencies documented discharges of sediment from the unpermitted construction site into tributaries of the North Fork of the Payette River. The storm water was contaminated with sediment, sand and dirt, among other things. The operators failed to take proper precautions such as stabilizing slopes to prevent discharges.

Under the CWA, developers and general contractors at construction sites larger than one acre must apply for and comply with EPA’s nationwide storm water Construction General Permit. This requires that site operators design, install, and maintain storm water controls to prevent water pollution. Without these controls, common construction site pollutants such as sediment, oil and grease, and concrete washout can enter nearby waterways.

Grease Haulers Charged with CWA Violations for Dumping into Sewers

A Mobile, Alabama, grand jury has indicted a waste disposal company, its president, and top manager for offenses involving the illegal disposal of waste into the sewage treatment systems of Mobile and of neighboring municipalities, the Justice Department and EPA have announced.

DHS Inc., operating under the name Roto Rooter; its president, Donald Gregory Smith; and manager, William Wilmoth Sr., have been charged in a forty-three count indictment with numerous violations of the CWA and with fraud and conspiracy for having dumped thousands of gallons of waste grease and oil into local sewers that they had been hired to dispose of safely and legally. The indictment recites Mobile’s history of years of sewage overflows, inadequate wastewater treatment, and polluting effluent that had been caused by blockages of sewer lines and treatment works with solidified grease.

In response to lawsuits under the CWA, the city of Mobile entered into a court-ordered agreement with EPA under which Mobile implemented a grease control program requiring restaurants and other food service establishments to install grease traps to prevent cooking oils from entering the sewer system. The indictment charges that Roto Rooter, on the representation that it would pump out the grease traps of restaurants and other commercial customers and dispose of their grease waste at legal facilities, instead discharged the grease through grease traps and manholes into the sewer lines that the defendants were being paid to prevent it from entering.

Roto Rooter employee, Michael L. Edington, has entered guilty pleas to having dumped numerous loads of grease into area sewer systems from Roto Rooter pump trucks between 2004 and 2006, to having falsified grease tracking manifests to make it appear that the waste had been disposed of properly, and to having conspired with the defendants named in the indictment to commit the illegal disposals and fraud with which they have all been charged.

Individuals who are found to have violated the CWA are subject to up to three years of incarceration per count, twenty years in prison for fraud, as well as monetary penalties.

The matter is being handled by the Justice Department’s Environmental Crimes Section, the U.S. Attorney’s Office for the Southern District of Alabama, and EPA’s Criminal Investigation Division.

An indictment is a determination by a grand jury that there is probable cause to believe that offenses have been committed by a defendant. A defendant, of course, is presumed innocent until and unless he or she is proven guilty at trial.

Louisiana Midland Transport Company to Pay $1,200,000 Under CERCLA for Doughty’s Treating Plant Site

The Consent Decree resolves the United States’ claim for response costs against Louisiana Midland, pursuant to Section 107(a)(2) of CERCLA. The claim relates to response costs incurred by the EPA in connection with clean-up activities performed at the Doughty’s Treating Plant Site, located in Jena, Louisiana. Under the Consent Decree, defendant Louisiana Midland will pay EPA $1,200,000 in reimbursement of a portion of the response costs incurred by EPA in connection with the Site.

Recent Revisions to DOT Hazardous Materials Regulations

DOT’s PHMSA recently adopted the following minor revisions to the hazardous materials regulations, which became effective immediately:

• Revised the definition of the term commerce to include transportation within the jurisdiction of the U.S. by U.S.-registered aircraft
• Clarified that the term poisonous by inhalation is synonymous with material toxic by inhalation
• Authorizes immediate telephonic notices of certain hazardous materials incidents to the National Response Center to be submitted electronically via the National Response Center’s website
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Seattle Biodiesel Fined $20,000 for Chemical Spill

Under a settlement agreement between Seattle Biodiesel LLC and the Washington Department of Ecology (Ecology), Seattle Biodiesel will pay $12,000 to settle a total of $20,000 in penalties Ecology levied against the company for spilling a mixture of biodiesel, methanol, sodium hydroxide, and other processing chemicals near the Duwamish River in July 2007.

In March 2009, after considering additional factual information about the spill submitted by Seattle Biodiesel, Ecology agreed to reduce the penalty to $16,000.

Seattle Biodiesel appealed the department’s decision to the state Pollution Control Hearings Board. This month, both parties agreed to settle the spill violation for $12,000.

The spill occurred July 27, 2007, at the company’s facility located on the east shore of the Duwamish.

An employee was pumping a processing-chemical mixture of vegetable oil, biodiesel, sodium hydroxide, methanol, and glycerin from a large tank to a small portable tank. The transfer was left unattended, however, and the small tank overflowed and the mixture ran across a driveway into a small inlet along the Duwamish River.

Between 391 and 620 gallons of the mixture reached the waterway. All but 23 gallons were recovered.

“While biodiesel and other alternative fuels offer significant environmental benefits, plant-based oils, biodiesel and related processing chemicals all cause environmental harm if they spill to our waters,” said Ecology Spills Program Manager, Dale Jensen.

Jensen said Seattle Biodiesel responded promptly to and cleaned up most of the spill. The firm has since sold its facility to General Biodiesel, a different company.

“We take safety and accident prevention very seriously,” said John Plaza, president of Seattle Biodiesel. “Because we implemented our incident response plan immediately, we were able to minimize the environmental impacts of this accident.”

EPA Settles with the GATX Corporation for Failing to Notify Authorities after 2008 Ammonia Releas

Under the terms of a settlement between EPA and the GATX Corporation, the railway will pay a $5000 penalty and will donate a $20,700 mercury analyzer to the San Bernardino County Fire Department for failing to immediately notify authorities of the 2008 release of ammonia at their Colton, California rail car repair facility.

According to the EPA, based on information received from the San Bernardino Certified Unified Program Agency, the California Emergency Management Agency and the National Response Center, the GATX Corporation delayed reporting the release of 250 pounds of ammonia from a rail car repair facility on September 9, 2008, which was caused when an employee failed to follow company procedures for flaring ammonia from a tank car.

The GATX Corporation ammonia release was first reported to the Colton Fire Department by employees of a nearby railroad facility; the San Bernardino County Fire Department was later contacted for assistance. GATX Corporation failed to report the release to the National Response Center until over 30 hours later, which was in violation of SARA Title III. GATX had further violations of SARA Title III because they failed to immediately report this release to the California Emergency Management Agency—which serves as the point of contact for notifying the State Emergency Response Commission.

The GATX Corporation has since taken steps to ensure its procedures are followed and has installed equipment to prevent any similar releases in the future.

EPA Reaches Agreement with J&J Cores on Air Violations

EPA Region 5 has reached an agreement with J&J Cores LLC on alleged clean-air violations at the company’s secondary aluminum production facility in Newcomerstown, Ohio. EPA assessed a $1,000 penalty.

The agreement resolves EPA allegations that from April to June 2008, J&J Cores failed to continuously monitor and record temperatures of the afterburner that controls hazardous air pollutant emissions from its sweat furnace. The company uses the sweat furnace to reclaim aluminum from automotive, household, and manufacturing breakage scrap.

EPA’s New Green Parking Lot Allows Scientists to Study Permeable Surfaces that May Help the Environment

Paved parking lots and driveways make our lives easier, but they often create an easy pathway for pollutants to reach underground water sources and alter the natural flow of water back into the ground. EPA has announced a study that will investigate ways to reduce pollution that can run off paved surfaces and improve how water filters back into the ground. EPA is testing a variety of different permeable pavement materials and rain gardens in the parking lot at the agency’s facility in Edison, New Jersey, which houses offices and its laboratory. Most major sources of pollution going into our waterways are well-controlled, but pollution runoff from hard surfaces remains a complex problem.

“Runoff from parking lots and driveways is a significant source of water pollution in the United States and puts undo stress on our water infrastructure, especially in densely-populated urban areas,” said EPA Acting Regional Administrator, George Pavlou. “By evaluating different designs and materials, this study will help us develop strategies to lessen the environmental impacts of parking lots across the country and make our communities more sustainable.”

This summer, EPA replaced a 43,000-square-foot section of the parking lot at its Edison facility with three different types of permeable pavement and planted several rain gardens with varying vegetation for the study. Over the next decade, EPA will evaluate the effectiveness of each pavement type and the rain gardens in removing pollutants from storm water, and will evaluate how they help runoff water filter back into the ground. The parking lot will be functional during the study to accurately evaluate how the different types of pavement handle traffic and vehicle-related pollution like leaking oil.

Storm water runoff is generated when precipitation from rain and snow flows over land or impervious surfaces, like parking lots or rooftops, and does not readily flow back into the ground. As the runoff flows over the land or impervious surfaces, it accumulates debris, chemicals, sediment, or other pollutants that could adversely affect water quality if the runoff discharged is not properly treated.

This study is part of an effort by EPA’s National Risk Management Research Laboratory to evaluate permeable pavement as it relates to storm water management practices on a national scale. While the installation of permeable pavement systems has become more prevalent, there is a lack of full-scale, outdoor, real-world permeable pavement research projects.

EPA also recognizes the potential of rain gardens as a green infrastructure management tool to lessen the effects of peak flows on aquatic resources. While local governments and homeowners are building many of these systems, relatively few studies have quantified the ability of rain gardens to allow the ground to better absorb and filter storm water, which reduces peak flows.

Change of Addresses for Region 4 State and Local Agencies Related to Clean Air Information Submittals

EPA has published a technical correction in the form of a final rule to correct the addresses for certain state and local agencies in EPA Region 4. The jurisdiction of EPA Region 4 includes the states of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee.

Certain EPA air pollution control regulations require the submittal of notifications, reports, and other documents to the EPA Regional office, as well as to the appropriate authorized state or local agency. 

The effective date of the technical amendments is October 27, 2009.

For further information contact Deanne Grant, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, Region 4, U.S. EPA, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960.

Massachusetts Grocery Store Sets New National Environmental Benchmark

The advanced refrigeration technology in the new store, which is part of the Shaw’s line of supermarkets, significantly reduces its impact on climate change and the stratospheric ozone layer by cutting the use of refrigerants by 85% compared with the typical supermarket.

“Supermarkets and their customers know that it’s cool to earn the EPA’s GreenChill Store certification, but the only way to describe the first platinum-level GreenChill supermarket in the nation is, ‘wicked cool,’” said Gina McCarthy, assistant administrator for EPA’s Office of Air and Radiation. “This store shows that smart design and advanced technologies help us right now to better protect our climate, the ozone layer, and our health.”

The GreenChill Advanced Refrigeration Partnership is an EPA cooperative alliance with the supermarket industry to promote advanced technologies, strategies, and practices that reduce refrigerant charges and emissions of ozone-depleting substances and greenhouse gases.

GreenChill partners emit about 50% less emissions than the industry average, and have pledged to continually lower them as part of the program. EPA estimates that if every supermarket in the nation joined GreenChill and reduced emissions to the current GreenChill average, the U.S. would prevent 22 million metric tons of carbon dioxide and 240 tons of ozone-depleting substances annually, and save $108 million in refrigerant costs each year. GreenChill has 46 partners, with more than 6,500 retail food stores in 47 states.

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