Update on Chemical Safety Reform Bill

As the full Senate prepares to begin debate on a historic bill to overhaul the Toxic Substances Control Act of 1976, US Sens. Tom Udall (D-New Mexico), Edward J. Markey (D-Massachusetts), and Richard Durbin (D-Illinois) announced they have agreed on new improvements to the bill. With the changes, Markey and Durbin have agreed to support the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which Udall wrote with US Sen. David Vitter (R-Louisiana). Their co-sponsorship brings the total number of cosponsors for the bipartisan bill to 60 senators representing 38 states. Debate is expected to begin as soon as this week.

It would—for the first time—give the EPA the authority to test and regulate chemicals according to their impact on the most vulnerable among us: children, pregnant women, the elderly, and chemical workers. Markey and Durbin worked with Udall and Vitter on changes to the bill that will be added in a substitute amendment when the bill is brought up on the floor. The changes include provisions to increase funding for EPA resources through industry fees, ensure fast industry compliance with EPA regulations, and simplify the waiver process from preemption for states. The agreement also expedites action on work that EPA pursues on chemicals that are known dangers, such as asbestos.

"I'm extremely pleased to announce that Senators Markey and Durbin will support our efforts to reform the nation's broken chemical safety laws," Udall said. "This bill is the product of years of work, collaboration and positive input from lawmakers across the country who understand that we need a national solution to our broken chemical safety law—one that will ensure Americans in New Mexico or Illinois or Massachusetts have the same protections as those in all 50 states. The law has been broken for far too long, and as we prepare to begin debate on the Senate floor, I encourage all lawmakers to act to protect families, young children, and pregnant women from dangerous chemicals and support this bill."

"Our federal chemical law is outdated and ineffective, and this legislation is a much-needed update that will help protect families and communities from dangerous chemicals. I thank Senator Durbin for his partnership, and Senators Udall, Vitter and Inhofe for their leadership and collegial efforts to work with us to strengthen the legislation."

"Following a Chicago Tribune series in 2012 that revealed that flame retardant chemicals added to furniture and other household goods are useless and toxic for American families, I began calling for reform of the antiquated law regulating toxic chemicals," said Durbin. "Today's agreement reflects a bipartisan effort to give the EPA additional resources and authority to more effectively regulate chemicals and ensure timely compliance with new laws. Further delay in reforming this broken system risks exposing more families to toxic substances and leaves the EPA with little recourse against the aggressive chemical companies that have been exploiting the lack of oversight."

Lautenberg dedicated years to crafting a bill that would finally fix TSCA. In 2012, shortly before he passed away, Lautenberg and Vitter announced a bipartisan agreement. After Lautenberg's death, Udall took up Lautenberg's efforts and strengthened the bill. Their legislation would require EPA to consider only the health and safety impacts of a chemical—never the cost or burden to manufacturers—when assessing chemicals for safety. It ensures consideration of those most vulnerable from chemicals—defined in the bill as pregnant women, infants, the elderly, and chemical workers. It sets a new fee so chemical companies will bear a larger share of the cost of evaluating and regulating chemicals. And it provides certainty in the law about when states may step in if EPA does not act to regulate or ban dangerous chemicals.

Details of the agreement with Markey and Durbin:

• Increases the $18 million per year funding cap for industry TSCA Fees to $25 million per year, and creates a process to ensure sufficient resources to defray 25% of EPA's chemical safety program costs
• Sets a mandatory compliance deadline of four years for industry compliance with EPA regulations (and allows an extension of up to 18 months if EPA determines that the deadline is technologically or economically infeasible)
• Clarifies and simplifies the process for state waivers from preemption and state co-enforcement of federal chemical safety regulations
• Expedites regulatory action on EPA's TSCA Work Plan chemicals (the 90 chemicals EPA has identified as having the highest potential for exposure and hazard) from the seven years the bill currently allows to generally five years for these chemicals.
• Adds assurances for mandatory protections for vulnerable populations, such as pregnant women, children and workers
• Includes other improvements to the bill's provisions to ensure:
• Exposure to PBTs is reduced as much as practicable
• Parity for judicial review of EPA actions
• EPA has to disclose the information it used to make prioritization decisions
• Improvements to provisions allowing access to confidential business information (CBI) for medical professionals and first responders

Hazardous Waste Generator Improvement Rule Webcast

In the first major modification to the hazardous waste regulations in over 10 years, EPA plans to modify and reorganize the hazardous waste generator rule. When adopted, the rule will provide greater flexibility in how hazardous waste is managed and close important gaps in the regulations.

Attend Environmental Resource Center’s live, online session where you will learn:

• New requirements for documenting hazardous waste determinations
• Revised requirements for when and how to submit the Notification of Generator Status form to EPA
• How to take advantage of the episodic generation exclusion to avoid reclassification to a larger generator status
• Definitions of important new terms – “Very Small Quantity Generator” and “Central Accumulation Area”
• How to mark containers, tanks, and containment buildings with new information required at central accumulation areas and satellites
• New conditions under which containers can be left open at satellite accumulation areas
• Updated time and volume limits for satellite accumulation areas
• New documentation requirements for contingency plans and biennial reports
• New requirements for shipping hazardous waste from a VSQG to another facility owned by the same organization

EPA’s Proposed New Standards for Hazardous Waste Pharmaceuticals

EPA has proposed new flexible rules at 40 CFR 266 Subpart P for the management of hazardous waste pharmaceuticals by healthcare facilities, long-term care facilities, pharmacies, retail stores, and reverse distributors. The rule is projected to prevent the flushing of more than 6,400 tons of hazardous waste pharmaceuticals annually by banning healthcare facilities from flushing hazardous waste pharmaceuticals down the sink and toilet.

At this session, you will learn:

• The difference between creditable, non-creditable, and evaluated pharmaceuticals – and who must make this determination
• How the new rule will impact your hazardous waste generator status
• New “empty” definition for unit dose containers, syringes, and other containers
• Conditional exemption for DEA controlled substances
• Requirements for on-site storage
• Waste container management and labeling
• Accumulation time limits
• Sewer disposal prohibition
• Authorized disposal and other management options
• Impact of the new rule on household collection programs
• Manifest and alternative transport tracking documents
• Recordkeeping requirements
• Requirements for reverse distributors

Los Angeles RCRA and DOT Training

Knoxville RCRA and DOT Training

Mobile, Alabama RCRA and DOT Training

New Effluent Limitation Guidelines for Steam Electric Power Plants

 Toxic pollutants include mercury, arsenic, lead, and selenium, which can cause neurological damage in children, lead to cancer, and damage the circulatory system, kidneys, and liver.

“Today, EPA is setting the first national limits to protect public health and reduce toxic pollutants, including mercury, arsenic, lead and selenium released into America’s waterways by steam electric power plants,” said EPA Administrator Gina McCarthy. “These cost-effective, achievable limits will provide significant protections for our children and communities across the country, including minority and low-income communities, from exposure to pollutants that can cause neurological damage in children, cancer, and other serious health problems.”

The final Steam Electric Effluent Limitation Guidelines are strong but reasonable—based on technologies that are readily available and broadly used in the industry today, reinforcing the ongoing trend towards cleaner, more modern plants. The standards provide flexibility in implementation through a phased-in approach, allowing plant owners to pursue integrated strategies to meet these requirements.

Each year, steam electric plants discharge:

• Nearly 65,000 lb of lead and 3,000 lb of mercury, leading to lowered IQs among children exposed to these pollutants via drinking water or by eating contaminated fish
• 79,200 lb of arsenic, increasing the risk of cancer and other health effects, including cardiovascular, pulmonary, and neurological disorders, in people exposed to these pollutants through drinking water and by eating contaminated fish
• 225,000 lb of toxic selenium, resulting in fish kills and other damage to fish, including organ damage, decreased growth rates, reproductive failure, and harm to people, including damage to the kidney, liver, and circulatory system
• 30,400,000 lb of nitrogen and 682,000 lb of phosphorus, leading to over enrichment and water quality problems

About 23,600 miles of rivers and streams are damaged by steam electric discharges, including arsenic, mercury, lead, boron, cadmium, selenium, chromium, nickel, thallium, vanadium, zinc, nitrogen, chlorides, bromides, iron, copper, and aluminum. Steam electric power plant discharges occur upstream or close to 100 public drinking water intakes and in proximity to nearly 2,000 public wells across the nation.

Toxic metals do not break down in the environment and can contaminate sediment in waterways and impact aquatic life and wildlife, including large-scale die-offs of fish. Steam electric power plants account for about 30% of all toxic pollutants discharged into streams, rivers and lakes from permitted industrial facilities in the United States. Due to their close proximity to these discharges and relatively high consumption of fish, some minority and low-income communities have greater exposure to, and are therefore at greater risk from, pollutants in steam electric power plant discharges.

EPA estimates that about 12% of the 1,080 steam electric power plants in the US (an estimated 134) will have to make improvements in technology to comply with the rule. Many of these facilities are found in the states of the Mid-Atlantic and Mid-West. Which plants will need to update technologies will be determined by the plants themselves once they have had the opportunity to study and understand the rule’s new requirements. The supporting technical documents for the final rule will be added to the docket when the final rule is published in the Federal Register.

The new requirements do not apply to plants that are oil-fired or smaller than 50 megawatts. The effective date of the rule will be 60 days after publication in the Federal Register.

New York Revises Petroleum Bulk Storage, Chemical Bulk Storage, and Used Oil Management Regulations

The New York State Department of Environmental Conservation (DEC) adopted amendments to update and consolidate Petroleum Bulk Storage (PBS) and Chemical Bulk Storage (CBS) regulations, DEC Acting Commissioner Marc Gerstman announced. The changes clarify existing requirements and make it easier for those who store bulk amounts of petroleum or chemicals in tank systems to comply with equipment and handling standards needed to prevent contamination of soil, groundwater, surface water and public water supplies.

"Consolidating, updating and clarifying our bulk storage regulations bring together many changes made over the years to several state and federal laws and regulations," said Acting Commissioner Gerstman. "These changes allow us to improve environmental standards while making it easier for the owners and operators of facilities in New York State to comply."

Phase I accomplishes three important goals:

• Incorporates previously adopted changes in State and federal statutes, particularly the requirements for tank system operators to receive special training and details regarding DEC's authority to prohibit deliveries of petroleum and chemicals to tank systems that are in significant non-compliance with the regulations
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• Makes the state PBS regulations more consistent with the federal regulations, particularly regarding key definitions and the structure of the regulations

These regulations represent Phase I of a planned two-phase rule-making process. Phase II will include 1) changes that were recently adopted by the EPA to the federal regulations (40 CFR Part 280) for certain USTs; and 2) other possible changes to be proposed by DEC. In keeping with the approach for Phase I, DEC will offer an informal "draft for consideration" for public comment in 2016 before formally proposing the Phase II regulations.

The Phase I rule makings were proposed on August 6, 2014, and included an extended 90-day comment period. DEC held a statewide webinar with nearly 500 participants on August 26, 2014, to explain the proposed rules and answer questions from the public. In September and October 2014, DEC held six public information meetings and six public hearings across the state to further explain the proposed rules and receive comments.

The amended regulations are the PBS regulations (6 NYCRR Parts 612-614); the CBS regulations (6 NYCRR Parts 595-599); the Used Oil Management regulations (6 NYCRR Subpart 374 2) and the Hazardous Waste Management regulations (6 NYCRR section 370.1(e)(2)). Parts 612-614 have been repealed and replaced with a combined Part 613; Part 595 was repealed; and Parts 596-599 were amended. Subpart 374-2 and section 370.1(e)(2) were also revised to reflect changes in the federal regulations.

EPA Strengthens Ozone Standards to Protect Public Health

EPA has strengthened the National Ambient Air Quality Standards (NAAQS) for ground-level ozone to 70 parts per billion (ppb) from 75 ppb to protect public health.  Ground-level ozone forms when nitrogen oxides (NOx) and volatile organic compounds (VOCs) react in the air.

“Put simply—ozone pollution means it hurts to breathe for those most vulnerable: our kids, our elderly and those suffering from heart and lung ailments,” said EPA Administrator Gina McCarthy. “Our job is to set science-backed standards that protect the health of the American people. Today’s action is one of the most important measures we can take for improving public health, reducing the costs of illness and protecting our children’s health.”

EPA examined nearly 2,300 studies in this review of the ozone standards including more than 1,000 new studies published since the last review of the standards in 2008. Scientific evidence shows that ozone can cause a number of harmful effects on the respiratory system, including difficulty breathing and inflammation of the airways. The revised standards will significantly improve public health protection, resulting in fewer premature deaths, and thousands fewer missed school and work days and asthma attacks. For people with lung diseases like COPD (chronic obstructive pulmonary disease) or the 23 million Americans and 6 million children living with asthma, these effects can aggravate their diseases, leading to increased medication use, emergency room visits and hospital admissions. Evidence also indicates that long-term exposure to ozone is likely to be one of many causes of asthma development. And studies show that ozone exposure is likely to cause premature death. The public health benefits of the updated standards, estimated at $2.9 to $5.9 billion annually in 2025, outweigh the estimated annual costs of $1.4 billion.

Local communities, states, and the federal government have made substantial progress in reducing ground-level ozone. Nationally, from 1980 to 2014, average ozone levels have fallen 33%, while the economy has continued to grow. And by 2025, EPA projects that existing rules and programs will bring the vast majority of the remaining counties into compliance. Advances in pollution control technology for vehicles and industry along with other emission reduction standards, including “Tier 3” clean vehicle and fuels standards, the Clean Power Plan and the Mercury and Air Toxics Standards, will significantly cut smog-forming emissions, helping states meet today’s updated ozone standards.

To ensure that people are alerted when ozone reaches unhealthy levels, EPA is extending the ozone monitoring season for 32 states and the District of Columbia. This is particularly important for at-risk groups, including children and people with asthma because it will provide information so families can take steps to protect their health on smoggy days.

EPA also is strengthening the “secondary ozone standard” to 70 ppb, which will improve protection for trees, plants and ecosystems. New studies since the last review of the standards add to evidence showing that repeated exposure to ozone reduces growth and has other harmful effects on plants and trees. These types of effects have the potential to harm ecosystems and the benefits they provide.

 Depending on the severity of their ozone problem, areas would have until between 2020 and 2037 to meet the standards.

The recent action comes after a thorough review and public comment process. The agency received more than 430,000 written comments on the proposed standards and held three public hearings.

Emission Cuts from Power Plants Ordered by Illinois Pollution Control Board

Emissions of sulfur dioxide (SO₂), carbon dioxide (CO₂), and other pollutants will be significantly reduced by rules adopted recently by the Illinois Pollution Control Board. The reductions ensure that all areas of the State of Illinois will be in compliance with current Federal rules regarding SO₂ concentrations. In particular, the Board’s action will require power plants owned by NRG Energy and Dynegy to cut pollution levels and will prohibit burning coal at four units in the Joliet and Lockport areas.

The most significant reductions will take place in the two areas that were found to be not in compliance with current National Ambient Air Quality Standards (NAAQS): Lemont (Cook and Will Counties) and Pekin (Tazewell and Peoria Counties). IEPA’s detailed modeling indicates the rules will result in compliance with NAAQS standards.

“The rules will reduce allowable emissions from power plants in these two areas to the lowest level ever,” said Board Chairman Gerald M. Keenan. “The Board’s order and implemented rules require that four of NRG’s coal-fired units cease burning coal, which will effectively eliminate SO₂ pollution from those units” (Joliet Units 5, 6 & 7 and Will County Unit 3).

“In 2017, ceasing coal combustion will reduce SO₂ emissions from the NRG plants by 6,000 tons and nitrogen oxides (NOx) by 3,000 tons, compared to the rules currently in effect,” commented Board Member Jennifer A. Burke, who led the Board’s investigation and review of the rules. “Emissions of CO₂, identified as a primary contributor to global climate change, will fall by 7.5 million tons; particulate matter by 1900 tons; and mercury by 400 pounds per year.”

“IEPA modeling indicates that the Will County Station will emit 35% less SO2 in 2017 than under the current rules,” said Chairman Keenan. “Significant reductions will also be required from NRG’s Powerton Station, one of the largest electric generating facilities in Illinois. These rules will provide substantial environmental benefits to residents of the affected areas, while allowing electric generators and other facilities to continue to provide good jobs and economic benefits.”

The Board’s decision comes after extensive review of thousands of pages of testimony, exhibits, and environmental modeling results. Three public hearings, attended by more than 200 people, were held in Chicago, Joliet, and Pekin Public testimony was offered by 35 citizens, approximately 1,400 written comments were submitted, and detailed responses were submitted by five organizations.

The Board’s rules will also reduce pollutants from ethanol production facilities and industrial facilities. The rules establish strict limits on the sulfur content of liquid fuels used by stationary facilities throughout the State.

The Board’s revised rules will go into effect upon final approval by the Joint Committee on Administrative Rules and publication in the Illinois Register.

EPA Updates Standards to Increase Safety and Protect the Health of America’s Farmworkers

“President Obama has called closing gaps of opportunity a defining challenge of our time. Meeting that challenge means ensuring healthy work environments for all Americans, especially those in our nation’s vulnerable communities,” said EPA Administrator Gina McCarthy. “We depend on farmworkers every day to help put the food we eat on America’s dinner tables—and they deserve fair, equitable working standards with strong health and safety protections. With these updates we can protect workers, while at the same time preserve the strong traditions of our family farms and ensure the continued the growth of our agricultural economy.”

“No one should ever have to risk their lives for their livelihoods, but far too many workers, especially those who work in agriculture, face conditions that challenge their health and safety every day,” said US Secretary of Labor Thomas E. Perez. “Workplace illness and injury contribute greatly to economic inequality, and can have a devastating impact on workers and their families. By promoting workplace safety, these provisions will enhance economic security for people struggling to make ends meet and keep more Americans on the job raising the crops that feed the world, and we are proud to support the EPA in this effort.”

EPA’s updates reflect extensive stakeholder involvement from federal and state partners and the agricultural community including farmworkers, farmers and industry. These provisions will help ensure farmworkers nationwide receive annual safety training; that children under the age of 18 are prohibited from handling pesticides; and that workers are aware of the protections they are afforded under the recent action and have the tools needed to protect themselves and their families from pesticide exposure.

Additionally, EPA is making significant improvements to the training programs including limiting pesticide exposure to farmworker families. By better protecting our agricultural workers, the agency anticipates fewer pesticide exposure incidents among farmworkers and their family members. Fewer incidents mean a healthier workforce and avoiding lost wages and medical bills.

These revisions will be published in the Federal Register within the next 60 days. 

EPA Updates Emissions Standards for Petroleum Refineries

The EPA has updated air pollution standards to further control toxic air emissions from petroleum refineries. Exposure to toxic air pollutants, such as benzene, can cause respiratory problems and other serious health issues and can increase the risk of developing cancer. The rule requires first-of-its-kind fenceline monitoring to better protect and inform nearby communities, while also strengthening emission controls for flares, pressure relief devices, storage tanks, and delayed coker operations that will reduce thousands of tons of hazardous air pollutants.

“These updated Clean Air Act standards will lower the cancer risk from petroleum refineries for more than 1.4 million people and are a substantial step forward in EPA’s work to protect the health of vulnerable communities located near these facilities,” said Gina McCarthy EPA Administrator. “The act requires a healthy environment for all communities, and this rule delivers on EPA’s commitment to environmental justice by reducing toxic air pollutants that impact families living near refineries by requiring, for the first time ever in an EPA air rule, monitoring of emissions at the fenceline and requiring action be taken if standards are exceeded.”

When fully implemented, the rule will result in a reduction of 5,200 tons per year of toxic air pollutants, and 50,000 tons per year of volatile organic compounds (VOCs). Also, as a co-benefit of these final standards, EPA projects that these standards will eliminate emissions of greenhouse gases (GHGs) equivalent to approximately 660,000 tons per year of CO₂. These cost-effective steps will have no noticeable impact on the cost of petroleum products at the approximately 150 petroleum refineries around the country.

The recent action requires continuous monitoring of benzene concentrations at the fenceline of refinery facilities to ensure that refineries appropriately manage toxic emissions. The rule requires corrective action to protect neighboring communities from being exposed to harmful levels of emissions if the established standard level is exceeded. The new fenceline monitors must encircle the facility to detect benzene at very low levels, and the monitoring data will be posted on EPA’s website. In addition, in response to public feedback, the rule provides room for alternative monitoring methods in the future as technology advances.

Other specific requirements in this rule will virtually eliminate visible flare emissions and releases by pressure release devices by requiring a comprehensive program of process changes and pollution prevention measures for these emission sources. It will also require additional emission reductions from storage tanks and delayed coking units, some of which had no previous required controls.

 During this scientific and technical review, EPA also engaged with key communities in the two years prior to proposing a regulation in 2014. After an extensive review of practices, processes, control technologies and public input, including two public hearings, the recent regulatory updates ensure that petroleum refineries use the most up to date and effective monitoring and control technologies.

EPA Launches New Tool to Support Community Interest in Green Infrastructure

 The Green Infrastructure Wizard, or GIWiz, responds to growing community interest in using green infrastructure as a means of addressing water quality and a range of other local goals. Using a self-guided format, users can find EPA tools and resources to:

• Learn the basics of green infrastructure
• Explore options for financing green infrastructure
• Visualize and design rain gardens, permeable pavement, and other types of green infrastructure
• Understand how other communities are using green infrastructure to revitalize neighborhoods and enhance land use
• Develop green infrastructure public education and outreach campaigns

EPA developed the Green Infrastructure Wizard with input from local, state and tribal partners. EPA is inviting additional input on this Beta version of the product, with the goal of making continued improvements going forward.

Mosaic Fertilizer LLC to Pay Multi-Million Dollar Penalty for RCRA Violations

The EPA and the US Department of Justice (DOJ) recently announced a settlement with Mosaic Fertilizer, LLC, that will ensure the proper treatment, storage, and disposal of an estimated 60 billion lb of hazardous waste at six Mosaic facilities in Florida and two in Louisiana. 

At Mosaic’s eight facilities in Florida and Louisiana, hazardous waste from fertilizer production is stored in large piles, tanks, ditches, and ponds; the piles can reach 500 feet high and cover more than 600 acres, making them some of the largest manmade waste piles in the United States. The piles can also contain several billion gallons of highly acidic wastewater, which can threaten human health and cause severe environmental damage if it reaches groundwater or local waterways.

Under the settlement, Mosaic Fertilizer will establish a $630 million trust fund, which will be invested until it reaches full funding of $1.8 billion. These funds will cover the future closure of and treatment of hazardous wastewater at four Mosaic facilities—the Bartow, New Wales, and Riverview plants in Florida and the Uncle Sam plant in Louisiana—as well as the long-term care of those facilities and three additional facilities that are already undergoing closure. The Mosaic Company, Mosaic Fertilizer’s parent company, will provide financial guarantees for this work, and the settlement also requires Mosaic Fertilizer to submit a $50 million letter of credit.

Mosaic will also spend $170 million on projects to reduce the environmental impact of manufacturing and waste management programs at its facilities and $2.2 million on two local environmental projects. Mosaic will also pay a $5 million civil penalty to the United States and $1.55 million to the State of Louisiana and $1.45 million to the State of Florida, who joined EPA and DOJ as plaintiffs in this case.

“This case is a major victory for clean water, public health and communities across Florida and Louisiana,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Mining and mineral processing facilities generate more toxic and hazardous waste than any other industrial sector. Reducing environmental impacts from large fertilizer manufacturers operations is a national priority for EPA, as part of our commitment to pursuing cases that have the biggest impact on protecting public health.”

“This settlement represents our most significant enforcement action in the mining and mineral processing arena, and will have a significant impact on bringing all Mosaic facilities into compliance with the law,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “Moreover, through this settlement, we establish critical financial assurance to cover the enormous closure and care costs at all these facilities. This sets the standard for our continuing enforcement of RCRA in the entire phosphoric acid industry. And, it reflects our emphasis on working jointly with impacted states.”

The alleged violations in this case stem from storage and disposal of waste from the production of phosphoric and sulfuric acids, key components of fertilizers, at Mosaic’s facilities in Bartow, Lithia, Mulberry, and Riverview, Florida ,and St. James and Uncle Sam, Louisiana. Mosaic failed to properly treat, store, and dispose of hazardous waste, and also failed provide adequate financial assurance for closure of its facilities.

As part of EPA’s National Enforcement Initiative for mining and mineral processing, the agency has required phosphate fertilizer production facilities to reduce the storage volumes of hazardous wastewaters, ensure that waste piles and ponds have environmentally-protective barriers installed, and verify the structural stability of waste piles and ponds.

Mosaic has committed to spending approximately $170 million over the next several years to implement an innovative reconfiguration of their current operations and waste management systems. The development of these of industry-leading technologies will optimize resource efficiency and decrease the amount of raw materials required to produce fertilizer. This case spurred Mosaic to develop advanced engineering controls and practices to recover and reduce some types of acid wastes that result from fertilizer production, which will reduce the amount and toxicity of the waste materials stored at Mosaic’s facilities and the severity of potential spills while cutting Mosaic’s costs for treating material at closure, which would otherwise have been categorized as hazardous waste.

Under the settlement, Mosaic will also fund a $1.2 million environmental project in Florida to mitigate and prevent certain potential environmental impacts associated with an orphaned industrial property located in Mulberry, Florida. In Louisiana, Mosaic will spend $1 million to fund studies regarding statewide water quality issues.

Mosaic produces phosphorus-based fertilizer that is commonly applied to corn, wheat and other crops across the country. Sulfuric acid is used to extract phosphorus from mined rock, which produces large quantities of a solid material called phosphogypsum and wastewater that contains high levels of acid. EPA inspections revealed that Mosaic was mixing certain types of highly-corrosive substances from its fertilizer operations, which qualify as hazardous waste, with the phosphogypsum and wastewater from mineral processing, which is a violation of federal and state hazardous waste laws.

U East Bay MUD Fined $99,000 for Hazardous Waste Violations

 The public utility agreed to pay a $99,900 penalty.

 In addition, the facility failed to label certain containers of hazardous waste. Since the inspection, EBMUD has returned to compliance.

“The state permitting process must be followed to have the necessary safeguards in place.”

Over the course of two years, EBMUD accepted the waste to use as feedstock for its innovative waste-to-energy conversion system. EBMUD supplies water to 1.3 million customers in Alameda and Contra Costa counties and operates a plant that treats wastewater before it is discharged to San Francisco Bay.

EPA’s findings in this case were provided to its regulatory partners at the state and local levels to help improve their hazardous waste management inspection and enforcement program.

EPA, Delaware City Refining Company Settle Environmental Violations

The Delaware City Refining Company will pay a $73,113 penalty to settle alleged violations of federal environmental regulations for failing to immediately notify the National Response Center and state and local emergency planning agencies about the release of hazardous substances that exceeded reportable quantities into the environment on two separate dates.

Federal regulations require facilities to immediately notify the National Response Center, the state emergency response commission, and the local emergency planning committee of any area likely to be affected by the release as soon as the owner or operator of a facility has knowledge of a release of a hazardous substance in a quantity equal to or above its reportable quantity.

“When manufacturing facilities experience the release of a reportable substance, they must notify emergency responders so nearby communities can be properly protected,” said Shawn M. Garvin, EPA Mid-Atlantic Regional Administrator. “These timely reports are essential to protecting communities from potential health risks and environmental harm.”

The Delaware City Refinery allegedly released 14 lb of benzene into the environment on September 21, 2014. The reportable quantity for benzene is 10 lb. The release was not timely reported to the National Response Center or the required state or local emergency planning agencies.

On February 22, 2015, a ruptured pipe at the facility released 1,3 butadiene and hydrogen sulfide into the environment. The company immediately reported the hydrogen sulfide release. However, an investigation the next day determined that approximately 140 lb of 1,3 butadiene was also released, which exceeded the 10-pound reportable quantity. The company did not report the 1,3 butadiene until the day after the investigation.

DuPont to Pay $724,000 Fine after Fatal Chemical Explosion

The EPA announced that E.I. du Pont de Nemours & Co., (DuPont) has agreed to pay a fine of $724,000 in settlement of Clean Air Act violations relating to a fire and explosion at its chemical plant in Tonawanda, New York.

In the settlement, DuPont will spend $112,000 to purchase vapor and radiation detection equipment for the local fire department and to pay for training. Since the fire and explosion that occurred on November 9, 2010, DuPont has made approximately $6.8 million in chemical safety-related improvements at the facility.

“EPA’s investigation of DuPont highlights the importance of preventing, preparing for and responding quickly to chemical releases and other incidents,” said Judith A. Enck, EPA’s Regional Administrator.

“It is imperative that DuPont and other businesses make protecting human health and the environment their top priority. The chemical explosion that happened at DuPont in Tonawanda must never happen again.”

The General Duty Clause of the Clean Air Act requires companies to design and maintain safe facilities; and take all necessary measures to prevent air releases of regulated materials and extremely hazardous substances. Facilities must also minimize the consequences of accidental releases. The law also recognizes that owners and operators have primary responsibility in the prevention of chemical incidents.

According to the US Chemical Safety Board, on November 9, 2010, the ignition of flammable vinyl fluoride that had seeped inside a 10,000 gallon process tank at the DuPont facility resulted in an explosion that killed one worker and badly burned another. Exposure to the substance can cause health risks, including potentially cancer.

The EPA identified several areas of the facility’s operations that had been in violation of the Clean Air Act, all of which were addressed by DuPont prior to the settlement. DuPont installed equipment and developed more stringent safety procedures to reduce the risk of a similar explosion; worked with the EPA, corrected its identified deficiencies; and has completed a number of chemical safety-related improvements at the facility, among other improvements.

The DuPont facility has:

• Upgraded its process to analyze potential vinyl fluoride hazards
• Taken actions to reduce the risks relating to vinyl fluoride vapors
• Changed the configuration of the equipment to reduce the chance of dangerous gas build-up
• Installed new controls and additional protective equipment
• Improved vinyl fluoride monitoring
• Improved processes and operating procedures at all of its facilities to avoid a similar vinyl fluoride incident

EPA Approves New Mexico’s Clean Air Plan

The EPA recently approved updates to New Mexico’s clean air plan. New Mexico’s plan meets federal requirements for implementation, maintenance and enforcement of the 2010 sulfur dioxide air standard.

The Clean Air Act requires states to have a plan that implements, maintains, and enforces national ambient air quality standards. When a federal air standard is changed, states must update their plan within three years of EPA issuing the new standard. New Mexico has updated its plan to meet the latest standard.

Sulfur dioxide (SO₂) results from burning fossil fuels. Asthmatics exposed to short peaks of SO2 when exercising may have temporary breathing difficulty, such as shortness of breath. The current standards help prevent asthma attacks and other acute lung illnesses, such as respiratory infections. Asthmatics, the elderly, children and people with existing lung disease are the most at risk to health problems caused by the pollutant.

Guardian Industries Corp. to Cut Harmful Air Pollution at Flat Glass Manufacturing Plants

 Under the proposed settlement, Guardian will invest more than $70 million to control emissions of nitrogen oxide (NOX), sulfur dioxide (SO₂), particulate matter (PM) and sulfuric acid mist (H₂SO₄) from all of its flat glass manufacturing facilities. Guardian will also fund an environmental mitigation project valued at $150,000 to reduce particulate matter pollution in the San Joaquin Valley in California and pay a civil penalty of $312,000.

“Air pollution from flat glass facilities can impact communities hundreds of miles away, which is why today’s announcement is so crucial to address pollution at the source and protect public health,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “By investing in pollution control equipment and funding a mitigation project that will protect the health of low-income residents, Guardian is setting an example for the flat glass industry for how to control harmful air emissions at its facilities.”

“This settlement is a great example of a cooperative, company-wide effort to reduce air pollution and will mean cleaner air for communities across the country, where glass manufacturing is currently a significant source of the air pollutants that cause serious lung and heart problems,” said Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “We are also particularly grateful to the states of Iowa and New York, as well as the San Joaquin Valley Air Pollution Control District, all of whom were active partners in achieving this important outcome for the American people.”

“We applaud Guardian Industries, who today became an industry leader by committing to a substantial investment to reduce emissions of air pollutants that are harmful to human lungs,” said Barbara L. McQuade, United States Attorney for the Eastern District of Michigan. “This agreement strikes the appropriate balance between promoting manufacturing and protecting the clean air that is essential to public health and Michigan’s future.”

“New Yorkers’ health, environment, and economy depend on clean air,” said New York State Attorney General Eric Schneiderman. “This settlement will ensure that the Guardian facility in Geneva operates in full compliance with air pollution laws. It will also significantly cut emissions from the facility, providing a breath of fresh air to New Yorkers living in the Finger Lakes region.”

The recent settlement resolves allegations that Guardian violated the Clean Air Act and state air pollution control plans when it made major modifications to its flat glass furnaces that significantly increased harmful air emissions.  Flat glass, also known as float glass, is used as windows for office buildings and homes as well as for automobile windshields.

The $150,000 mitigation project with the San Joaquin Air Pollution Control District will provide incentives to low-income residents living in the San Joaquin Valley to replace or retrofit inefficient, higher-polluting wood-burning appliances with cleaner-burning, more energy-efficient appliances. The San Joaquin Valley is an area with poor air quality.

EPA expects that the pollution controls required by the settlement will reduce harmful emissions by 7,300 tons per year, including approximately 6,400 tons per year of NOx, 550 tons per year of SO₂, 200 tons per year of PM and 140 tons of H₂SO₄. The mitigation project in California will yield additional reductions of PM. These emissions reductions will result in significant human health and environmental benefits for communities. Guardian’s flat glass manufacturing facilities are located in Kingsburg, California; DeWitt, Iowa; Carleton, Michigan; Geneva, New York; Floreffe, Pennsylvania; Richburg, South Carolina; and Corsicana, Texas.

SO₂ and NOX have numerous adverse effects on human health and are significant contributors to acid rain, smog, and haze. Once airborne, these pollutants can also convert into particulate matter. PM, especially the fine particles, can travel deep into a person’s lungs causing severe respiratory impacts, such as coughing, decreased lung function, and chronic bronchitis. Fine PM is also associated with cardiovascular impacts and even premature death. H₂SO₄ irritates the skin, eyes, nose and throat and lungs, and exposure to high concentrations can lead to more severe health impacts.

The states of Iowa and New York actively participated in the settlement and will each receive $78,000 of the total penalty. The United States will receive $156,000. The San Joaquin Valley Air Pollution Control District also actively participated in the settlement.

Buckeye Pipe Line Co. to Pay $78,780 for Failure to Develop Spill Prevention Plans

Buckeye Pipe Line Co., the owner of a more than 4 million gallon oil storage facility in Ludlow, Massachusetts, has agreed to pay a penalty of $78,780 to resolve claims by the EPA that it violated federal oil spill prevention regulations.

The company took steps to update the plan following the EPA inspection and completed the necessary containment work in July of this year.

Any facility with more than 1,320 gallons of aboveground oil storage capacity, and meeting certain other criteria, must develop and implement SPCC plans to prevent and contain spills, such as by installing impervious secondary containment around storage tanks.

Unified Grocers Fined $110,200 for Hazardous Chemical Violations

Unified Grocers has settled with the EPA for alleged chemical release reporting, risk management, and emergency planning violations at its warehouse facility in Seattle, Washington and will pay EPA a $110,200 penalty. The company will also complete a Supplemental Environmental Project which includes ammonia release detection improvements valued at over $180,000. The facility, located at 3301 South Norfolk in Seattle, Washington, is a distribution center for grocery products.

On April 18, 2011, the facility released more than 3,600 lb of anhydrous ammonia into the environment during the change out of a pressure relief valve. The Seattle Fire Department responded to the incident, evacuated the facility and transported two people to a local hospital. EPA inspectors following up on the incident found numerous violations of the Comprehensive Environmental Response, Compensation and Liability Act, Emergency Planning and Community Right to Know Act, and Clean Air Act. Alleged violations included:

• Failure to immediately notify state and national responders of the ammonia release
• Failure to have complete information on the pressure relief system before conducting the required hazard analysis for the facility
• Failure to follow Unified Grocers’ written procedures for changing out pressure relief valves
• Failure to train an employee involved in changing out the pressure relief valve that resulted in the ammonia release
• Deficiencies in the facility’s ammonia detection system
• Failure to document its follow-up action on recommendations in its own report on the 2011 ammonia release

EPA also alleges that the facility subsequently failed to timely submit a 2013 Emergency and Hazardous Chemical Inventory form for ammonia to state and local agencies.

According to Ed Kowalski, EPA’s Director of Enforcement and Compliance in Seattle, these cases are about protecting workers, emergency responders and the community.

“When unintended chemical releases occur, every minute counts,” said EPA’s Kowalski. “Emergency responders at the local, state and federal level must be notified immediately to react effectively. In addition, we have several federal environmental laws that, if followed properly, can minimize the risk of catastrophic incidents. Fortunately, Unified Grocers has agreed to some progressive improvements to the facility which help reduce the risk of future incidents.”

In addition to meeting current environmental regulations, Unified Grocers has agreed to perform a Supplemental Environmental Project, adding next generation technologies to its ammonia detection and monitoring system. The enhancements include numerous ammonia sensors, warning devices, and emergency notification to offsite personnel. The enhancements are projected to cost $182,603.

Ammonia is a pungent, toxic gas that attacks skin, eyes, throat, and lungs and can cause serious injury or death.

Tractor Supply Company Agrees to Implement Company-Wide Compliance Program to Resolve Clean Air Act Violations

EPA and the US Department of Justice recently announced a settlement with Tractor Supply Company, Inc., and Tractor Supply Company of Texas, L.P., that resolves allegations that the companies imported and sold more than 28,000 all-terrain vehicles, off-highway motorcycles and engines that did not comply with federal Clean Air Act certification and emission information labeling requirements. Under the settlement, Tractor Supply Company will implement a compliance plan to prevent future violations and mitigation projects to reduce air pollution. Tractor Supply Company will also pay a $775,000 civil penalty.

"Emissions from vehicles and engines can cause serious health and environmental problems, so it’s imperative that importers and vendors ensure their products comply with federal clean air standards,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “It is also critical that we ensure a level playing field for companies that follow the law—that is a cornerstone of our environmental enforcement programs.”

“We will take strong action to ensure that foreign-made vehicles and engines that are imported and sold in the US comply with the same Clean Air Act requirements that apply to domestically-made products,” said Assistant Attorney General John C. Cruden, for the Department of Justice’s Environment and Natural Resources Division. “Under this settlement, Tractor Supply Company will not only pay a civil penalty and mitigate the potential adverse environmental effects of having sold noncompliant vehicles and engines, but will also take steps to ensure future imports and sales of its vehicles and engines meet Clean Air Act standards.”

The Clean Air Act requires that every vehicle and engine sold in the United States be covered by a valid, EPA-issued certificate of conformity, which manufacturers obtain by certifying that vehicles meet applicable federal emissions standards for various pollutants. EPA and the Justice Department alleged that from 2006 to 2009, Tractor Supply Company imported from China and sold in the US over 28,000 vehicles and engines, representing at least 10 vehicle and engine models, that varied from the certificates of conformity that had been submitted to EPA.

The vehicles had adjustable carburetors that were not described in the applications for certification, were produced by different manufacturers than the ones specified in the applications, were manufactured prior to the dates of the certificates of conformity, had model names that were not identified on the certificates of conformity, or were significantly more powerful than described. Some engines were incorrectly certified as non-road engines rather than as recreational vehicles and some, like certain of the vehicles, were significantly more powerful than described in the allegedly applicable certificate of conformity. The Department of Justice and EPA also alleged that the emission control information labels on certain vehicles did not comply with federal regulations, and that Tractor Supply Company provided an incomplete and inaccurate response to EPA’s information request.

The settlement requires Tractor Supply Company to implement a rigorous corporate compliance plan that requires regular vehicle and engine inspections, emissions and catalyst testing, staff training and reporting for five years. Tractor Supply Company will also mitigate potential adverse environmental effects of equipment already sold to consumers, which is estimated by EPA to be up to 23.5 tons of excess hydrocarbon and nitrogen oxide emissions and 12.2 tons of excess carbon monoxide emissions.

Motorcycles, recreational vehicles and spark-ignited engines emit carbon monoxide, a gas that is poisonous at high levels in the air even to healthy people and is especially dangerous to people with heart disease. These machines also emit hydrocarbons and nitrogen oxides, which contribute to the formation of ground-level ozone, commonly known as smog. Exposure to even low levels of ozone can cause respiratory problems and repeated exposure can aggravate pre-existing respiratory diseases.

This settlement is part of an ongoing effort by the EPA to ensure that importers of vehicles and engines comply with the requirements of the Clean Air Act and that retailers exercise due diligence in ensuring that their products comply fully with the regulations. In a similar case settled with The Pep Boys - Manny, Moe & Jack (Pep Boys) in 2010, EPA required implementation of a similarly extensive corporate compliance plan.

Tractor Supply Company is a national rural lifestyle retail supply chain. The company has stores in 49 states and its headquarters