What’s On EPA’s Spring 2009 Regulatory Agenda?

EPA has released its most recent regulatory agenda. In the agenda, the agency is announcing the status of the hazardous waste shop towel rule, a lab clean-out rule for government facilities, several changes to the SARA Title III regulations, as well as the status of a wide variety of Clean Air Act, Clean Water Act, and TSCA rules. A detailed list of the notable proposed and final rules are included near the bottom of this issue.

EPA Delays Effective Date for PSD and NSR Aggregation

 The”NSR Aggregation Amendments” were published in the Federal Register on January 15, 2009, and described when a source must combine nominally—separate physical changes and changes in the method of operation for the purpose of determining whether they are a single change resulting in a significant emissions increase.

On January 30, 2009, the Natural Resources Defense Council (NRDC) submitted a petition for reconsideration (the “NRDC Petition”) of the NSR Aggregation Amendments. In response to the NRDC Petition, EPA announced on February 13, 2009, that it would convene a reconsideration proceeding for the NSR Aggregation Amendments and would delay the effective date of the rule from February 17, 2009 until May 18, 2009.

On March 18, 2009, EPA proposed an additional delay of the effective date and solicited comment on the duration of the additional delay.

With this final ruling, EPA is delaying the effective date of the NSR Aggregation Amendments for an additional 12 months, which will allow for sufficient time to conduct the reconsideration proceeding. The new effective date of the rule is May 18, 2010.

In summary, the effective date of FR Doc. E9-815, published in the Federal Register on January 15, 2009 ), and delayed on February 13, 2009 , is now further delayed to May 18, 2010.

EPA Terminates Performance Track Program

In a notice published in the May 14 Federal Register ), EPA has terminated the Performance Track Program.

On June 26, 2000, EPA announced the launch of the National Environmental Performance Track, “Performance Track,” which was initially designed to have two levels, the “Achievement Track,” and the “Stewardship Track.” The Achievement Track was subsequently renamed the National Environmental Performance Track Program and the development of the Stewardship Track led instead to the creation of the Performance Track Corporate Leader designation.

On March 16, 2009, EPA Administrator Lisa P. Jackson issued a memorandum halting the Performance Track Program. The Administrator’s memorandum was followed by a memorandum from Chuck Kent, Director, Office of Policy Economics, and Innovation, dated March 25, 2009, which provided more details about the termination, including that the low priority for routine inspections incentive is no longer in effect.

May 14 was the effective date of the termination of this program.

Alaska Mine Operators to Pay $883,628 to Resolve Storm Water Violations

Alaska Gold Co. (Alaska Gold), and NovaGold Resources Inc. (NovaGold), the owners and operators of the Rock Creek Mine near Nome, Alaska, have agreed to pay a $883,628 civil penalty to resolve violations of a storm water discharge permit.

According to the court documents, in 2006, Alaska Gold, an Alaskan corporation and its parent company, NovaGold, a Canadian corporation, applied for and received a permit for the construction of a mine near Nome. Construction began in October 2006. Subsequently, from April 2007 until September 2008, Alaska Gold and NovaGold violated their permit on multiple occasions by discharging storm water into Rock Creek, Lindblom Creek and Glacier Creek in violation of state water quality standards. The companies also failed to adequately prepare and update a storm water pollution prevention plan (SWPPP) and failed to implement and maintain best management practices to control the discharges.

“Today’s settlement shows that the government will hold accountable any company that does not fully comply with storm water requirements,” said John C. Cruden, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “We expect all companies to take the necessary steps to control storm water discharge from their operations.”

“Whether it’s in a far corner of Alaska or in a crowded urban area, storm water rules protect our waterways from polluted runoff,” said Michelle Pirzadeh, EPA’s Acting Regional Administrator in Seattle. “The construction at Rock Creek Mine resulted in virtually unchecked runoff of silt and sediment to important fish habitat. Companies taking on construction projects of this scale need to do so responsibly and in accordance with the law.”

As of fall 2008, the mine was in compliance. EPA will be monitoring the site for future violations beginning in spring 2009. The stipulation of settlement and judgment, was lodged on May 12 in the U.S. District Court for the District of Alaska in Anchorage, and is subject to a 30-day public comment period and approval by the federal court.

Virginia’s State Water Board Issues Largest-ever Wetlands Penalty

Virginia’s State Water Control Board has issued a $145,000 penalty against an Augusta County property owner for destruction of wetlands, the largest wetlands penalty ever imposed by the board. The civil charge, approved in a consent order, cites Arthur J. Fisher for excavating in wetlands without a permit during construction of a house on Quarles Pond in Stuarts Draft. The excavation destroyed the ecological function of the wetlands at the pond, according to the Department of Environmental Quality (DEQ), which investigated the incident and drafted the consent order.

DEQ said Fisher had been informed in 2003 that a Virginia Water Protection permit would be required before any construction activity took place that would affect the wetlands. However, a DEQ inspection in 2006 discovered extensive excavation work at the site, including unpermitted drainage of portions of the pond.

The Department of Conservation and Recreation has called Quarles Pond the largest intact Shenandoah Valley sinkhole pond in Virginia, dating back 15,000 years. The wetland environment at the pond supported rare plants and insects. The consent order also requires Fisher to restore the wetlands at the pond to the extent feasible and to monitor progress for 10 years.

Shawnee Mission Medical Center Agrees to Pay $83,488 to Settle Allegations of Hazardous Waste Violations

Shawnee Mission Medical Center, a hospital in Merriam, Kansas, has reached a settlement with the United States over allegations that it violated various provisions of the federal Resource Conservation and Recovery Act (RCRA) related to the handling and storage of hazardous wastes on its campus. Shawnee Mission Medical Center neither admits nor denies the allegations brought by EPA Region 7, but has agreed to pay a penalty of $83,488 to the United States in settlement of the government’s claims.

The hospital has also agreed to inventory all of the solid waste streams generated by its facility and provide EPA with documentation of that inventory. The hospital also will make quarterly reports to EPA for a period of one year, using photographs and documentation to show that its hazardous wastes are being properly identified, stored and disposed.

Terms of the settlement are outlined in a consent agreement and final order filed in Kansas City, Kansas. The document alleges that during a January 2007 inspection, EPA found that the hospital had:

• Failed to conduct and document weekly inspections of a hazardous waste container storage area.
• Failed to properly mark hazardous waste accumulation containers.
• Improperly treated paint and solvent hazardous wastes by allowing opened containers and solvent-soaked rags to evaporate prior to disposal, all without a necessary permit.
• Improperly disposed of solvent-soaked rags in general trash.
• Failed to properly label storage containers for used oil, and failed to properly mark universal waste batteries.

Arizona’s First Biohazardous Medical Waste Civil Penalty Costs Veterinary Laboratory $80,000

In the State of Arizona’s first civil penalty for biohazardous medical waste violations, a Phoenix veterinary laboratory will pay $80,000 in civil penalties for routinely throwing the improperly treated waste into a trash dumpster, ADEQ officials and Attorney General Terry Goddard has announced.

ADEQ inspectors, responding to a citizen complaint in October 2006, observed that workers from Reference Laboratories, Inc., were using a dumpster to dispose of glass microscope slides and cover slips that contained animal tissue specimens.

Under Arizona law, the slides and cover slips are classified as biohazardous “medical sharps,” and must be stored in a container that is rigid, puncture-resistant, leakproof, and fitted with a locking cap. The facility used unlabeled duct-taped plastic-lined cardboard boxes to discard the slides and cover slips. It also stored the boxes on-site for about a week before discarding them.

In addition, medical sharps containers must be labeled with the universal biohazardous medical symbol and shipped off site using a biohazardous medical waste transporter that is registered with ADEQ. Biohazardous waste must be treated by a permitted biohazardous medical waste treatment facility. Approved treatment methods include incineration and autoclaving (which is sterilization by pressurized steam).

Facility employees told ADEQ inspectors that since the glass was treated with methyl alcohol, they believed it was safe to throw the material in a dumpster. The employees told ADEQ that this had been the Delaware-based organization’s practice since 1997, and was also the procedure followed by the company in other states.

ADEQ issued a Notice of Violation in January 2007, and the facility documented that it was complying with the law the following month.

“The facility carelessly endangered the health and safety of the community, the environment, and its own employees,” said ADEQ Acting Director Patrick J. Cunningham. “To protect human beings and animals from the risk of exposure to potentially infectious microorganisms, Arizona requires that biohazardous medical waste be safely handled.”

Reference Laboratories paid a penalty in California in 2006 for similar violations.

Helena Chemical Company Fined $41,600 for Selling Misbranded Pesticide

Helena Chemical Company will pay a $41,600 federal fine for the alleged distribution and sale of pesticides lacking up-to-date safety labels, according to an agreement with the EPA.

At least ten times in 2007, Tennessee-based Helena Chemical Company sold and distributed an improperly labeled herbicide, Barrage HF, through its LaCrosse, Washington distributor, Dusty Farms Cooperative. This herbicide is approved for use on food crops.

The labels on the product lacked important updates in the First Aid Statement, which is a violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The First Aid Statement provides initial first steps to take when accidental exposure occurs and may inform physicians and emergency responders of appropriate medical procedures for victims of poisoning.

“Careless mistakes in pesticide labeling are not to be taken lightly—they can have deadly consequences,” said Scott Downey, manager of EPA’s Pesticides and Toxics Unit in Seattle. “Pesticide producers will be held responsible when their products don’t bear the right safety information.”

Helena Chemical Company, which is responsible for the integrity of all Barrage HF produced and sold through its distributors, has provided current labels to the Dusty Farms Cooperative and re-evaluated its label distribution process. The Washington State Department of Agriculture conducted the inspection that revealed the violations.

Stephenson Service Co. Fined for Failure to Report Ammonia Release

EPA Region 5 recently settled an administrative case involving hazardous chemical release and inventory reporting violations at Stephenson Service Co. in Freeport, Illinois. The company will pay a civil penalty of $10,421 and purchase four safety suits and gloves, valued at $10,000, for the Stephenson and Jo Davies county fire departments.

Stephenson Service failed to provide immediate notification to the National Response Center and to the State Emergency Response Commission following a 2,797-pound release of anhydrous ammonia.

Anhydrous ammonia, commonly used in commercial refrigeration systems and as fertilizer, must be reported if releases are greater than 100 pounds. The chemical causes burns to the skin and irritation to the eyes, nose and throat, and may be fatal if inhaled for long periods of time.

Developer Fined Over $5,000 for Storm Water Violations

Gary Medley, developer of the Esparanza Subdivision in Lewiston, Idaho, has agreed to pay a $5,450 fine for alleged storm water violations, according to a settlement agreement with the EPA.

The construction site was being cleared and excavated to prepare residential lots for sale. In addition, EPA found that the site operator failed to properly conduct required inspections of the site during construction activities.

The violations were settled using an Expedited Settlement Offer, which results in quicker settlements and lower fines for first-time violators, and at sites where no environmental harm has yet been observed.

Poorly stabilized slopes and exposed soil can cause soil loss, which leads to sediment deposits into rivers, streams, lakes, and reservoirs. Sediment pollution can potentially harm fish and make water dangerous for recreational use.

Texas and Oklahoma Companies Fined for SPCC Violations

EPA has fined one Texas and two Oklahoma companies $2,500 for violating federal Spill Prevention, Control, and Countermeasure () regulations outlined under the Clean Water Act.

Federal inspections in February and March 2009 found numerous violations. For example, inspections and tests required by SPCC regulations were not in accordance with written procedures, and spill prevention briefings were not scheduled and conducted periodically. The inspections also revealed personnel working at the facilities had no training in several areas, including training on the operation and maintenance of equipment to prevent discharges; discharge procedure protocols; general facility operations; and applicable pollution control laws, rules, and regulations.

The facilities and fines assessed as a result of the inspections were as follows:

• Noble Energy, Inc., Houston, Texas—$900
• Southwest Petroleum Corp., Drumright, Oklahoma—$850
• Marjo Operating Co. Inc., Tulsa, Oklahoma—$750

As part of an Expedited Settlement Agreement with EPA, the companies have provided certification that all identified deficiencies have been corrected.

SPCC regulations require facilities to provide oil spill prevention, preparedness, and response plans to prevent oil discharges. The SPCC program helps protect our nation’s water quality. A spill of only one gallon of oil can contaminate one million gallons of water.

American Rock Salt Co. Fined for Storm Water Permit Violations

The Pennsylvania Department of Environmental Protection (DEP) has fined American Rock Salt Co. LLC of Mt. Morris, New York, $2,000 for illegally discharging salt runoff last winter at its distribution facility in Sandy Township, Pennsylvania.

“American Rock Salt did not properly implement best management practices to prevent storm water discharges from its salt storage pile,” said DEP Northcentral Regional Director Robert Yowell. “As a result, salt-contaminated storm water was discharged to an unnamed tributary to Sandy Lick Creek causing pollution.”

American Rock Salt’s storm water discharge permit issued by the department requires that the company keep its salt storage piles and distribution stockpile covered to prevent runoff during precipitation.

DEP inspections conducted in January and February revealed that significant portions of the salt pile’s non-working face and nearby salt boulders were uncovered, including about 90 percent of the salt pile in February.

Water samples were collected by department inspectors at the company’s outfall during both inspections. Those results showed the storm water contained high levels of sodium, chlorides, and sulfates.

The fine was paid to the Clean Water Fund that provides funding for cleanups across the state of Pennsylvania.

EPA Cites VIM Recycling for Clean-Air Violations

EPA Region 5 has cited VIM Recycling Inc. for alleged Clean Air Act violations at the company’s construction waste recycling facility in Elkhart, Indiana. EPA alleges that VIM has violated federally enforceable regulations contained in Indiana’s plan for implementing the Clean Air Act. Specifically, EPA said VIM allegedly violated Indiana’s EPA-approved regulations prohibiting open burning at the site.

These are preliminary findings of violations. To resolve them, EPA may issue a compliance order, assess an administrative penalty, or bring suit in federal court against the company. VIM has seven days from receipt of the notice to meet with EPA to discuss resolving the allegations.

EPA has been working with the Indiana Department of Environmental Management to gather information about the VIM site and to address the environmental compliance issues at the site.

Magnetic Air Conditioning Could Cut Energy Costs 30%

Scientists are a step closer to making environmentally-friendly “magnetic” refrigerators and air conditioning systems a reality, thanks to new research published in Advanced Materials.

Magnetic refrigeration technology could provide a green alternative to traditional energy-guzzling gas-compression fridges and air conditioners. They would require 20-30% less energy to run than the best systems currently available, and would not rely on ozone-depleting chemicals or greenhouse gases. Refrigeration and air conditioning units make a major contribution to the planet’s energy consumption—in the USA in the summer months they account for approximately 50% of the country’s energy use.

A magnetic refrigeration system works by applying a magnetic field to a magnetic material - some of the most promising being metallic alloys—causing it to heat up. This excess heat is removed from the system by water, cooling the material back down to its original temperature. When the magnetic field is removed the material cools down even further, and it is this cooling property that researchers hope to harness for a wide variety of cooling applications.

The technology, based on research funded in the UK by the Engineering and Physical Sciences Research Council (EPSRC), has proved possible in the lab but researchers are still looking for improved materials that provide highly efficient cooling at normal room temperatures, so that the technology can be rolled out from the lab to people’s homes and businesses.

They need a material that exhibits dramatic heating and cooling when a magnetic field is applied and removed, which can operate in normal everyday conditions, and which does not lose efficiency when the cooling cycle is repeated time after time.

The new study published today shows that the pattern of crystals inside different alloys—otherwise known as their microstructure—has a direct effect on how well they could perform at the heart of a magnetic fridge. The Imperial College London team behind the new findings say this could, in the future, help them to custom-design the best material for the job.

Professor Lesley Cohen, one of the authors of the paper, explains that by using unique probes designed at Imperial, her team, led by Dr James Moore, was able to analyze what happens to different materials on a microscopic level when they are magnetized and de-magnetized. This enabled the team to pinpoint what makes some materials better candidates for a magnetic fridge system than others.

Professor Cohen, from Imperial’s Department of Physics, said: “We found that the structure of crystals in different metals directly affects how dramatically they heat up and cool down when a magnetic field is applied and removed. This is an exciting discovery because it means we may one day be able to tailor-make a material from the “bottom up,” starting with the microstructure, so it ticks all the boxes required to run a magnetic fridge. This is vitally important because finding a low-energy alternative to the fridges and air conditioning systems in our homes and work places is vital for cutting our carbon emissions and tackling climate change.”

This new research follows on from another study published by the same Imperial group in Physical Review B last month, in which they used similar probing techniques to precisely measure the temperature changes that occur when different materials are removed from a magnetic field, and to analyze the different ways they occur.

The lead scientist Kelly Morrison found that at the molecular level two different temperature change processes, known as first- and second-order changes, happen simultaneously in each material. The team thinks that the extent to which each of these two processes feature in a material also affects its cooling capabilities.

Professor Cohen says this means that whilst the majority of research to perfect magnetic refrigeration worldwide has tended to involve analyzing and testing large samples of materials, the key to finding a suitable material for everyday applications may lie in the smaller detail. “Our research illustrates the importance of understanding the microstructure of these materials and how they respond to magnetic fields on a microscopic level,” she concluded.

Washington Department of Ecology Penalties Exceed $600,000 in the First Quarter of 2009

The Washington Department of Ecology (Ecology) issued $610,163 in penalties of $1,000 or more in the first three months of 2009.

A particular penalty may be fully satisfied at this time or in the process of an appeal or settlement discussions. Ecology works with thousands of business and individuals to ensure compliance with laws written to protect Washington’s air, land, and water resources. Penalties are issued in cases where non-compliance continues after Ecology has provided technical assistance or warnings, or for particularly serious violations.

The money owed from penalties may be reduced from the issued amount due to a ruling by the Pollution Control Hearings Board or a negotiated settlement. Ecology doesn’t benefit from penalty payments. The final penalty amount owed and collected is deposited in special accounts that pay for:

• Environmental restoration and enhancement projects
• Research and development
• Permitting and regulatory programs
• Education and assistance

The most common accounts receiving collected penalties are:

• Coastal Protection (RCW 90.48.400 and RCW 90.48.390)
• Vessel Response (RCW 90.56.335)
• Underground Storage Tank (RCW 90.76.100)
• Air Pollution Control (RCW 70.94.015)
• Biosolids (RCW 70.95J.025)
• State Toxics Control (RCW 70.105D.070)
• Oil Spill Prevention (RCW 90.56.510)
• Reclamation (RCW 18.104.155 and RCW 89.16.020)
• Electronic Recycling (RCW 70.95N.130)

Some of the penalties assessed are listed below: