Monday, May 28, 2018

EPA Intends to Finalize Current Ruling on Methylene Chloride

EPA announced upcoming actions on methylene chloride, a chemical that can be used for paint stripping. The Lautenberg Chemical Safety for the 21st Century Act, which amended the TSCA, requires EPA to perform risk evaluations on the uses of ten specific chemicals including methylene chloride. EPA is nearing the completion of Problem Formulations for the first ten chemicals.

A timeline of EPA's recent work on methylene chloride:

* In 2014, EPA addressed the paint stripping uses in its risk assessment
* In January 2017, EPA proposed prohibiting the consumer and commercial paint stripping uses for methylene chloride
* In June 2017, EPA announced that it will not re-evaluate the paint stripping uses of methylene chloride


Based on this work, EPA is announcing three updates:

* EPA intends to finalize the methylene chloride rulemaking
* EPA is not re-evaluating the paint stripping uses of methylene chloride and is relying on its previous risk assessments
* EPA is working to send the finalized rulemaking to OMB shortly


Hilton Head Hazardous Waste and DOT Hazardous Materials Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Hilton Head, SC on May 22-24 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Baton Rouge Hazardous Waste and DOT Hazardous Materials Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Baton Rouge, LA on June 5-7 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Chattanooga Hazardous Waste and DOT Hazardous Materials Training

Register for Hazardous Waste Management: The Complete Course and DOT Hazardous Materials Training: The Complete Course in Chattanooga, TN on June 12-14 and save $100 or receive an Amazon Fire HD 10 tablet with electronic versions of both handbooks. To take advantage of this offer, click here or call 800-537-2372.

Over $500K in Environmental Penalties Issued by Washington State in First Quarter

The Washington Department of Ecology issued $543,300 in penalties of $1,000 or more for the months of January through March in 2018.

Ecology works with thousands of businesses and individuals to help them comply with state laws. Penalties are issued in cases where non-compliance continues after Ecology has provided technical assistance or warnings, or for particularly serious violations.

Funds collected go to the state’s general fund or to dedicated pollution prevention accounts, such as the Coastal Protection Account. The money owed from penalties may be reduced from the issued amount due to settlement or court rulings.

Ecology strives to protect, preserve and enhance Washington’s environment and promote wise management for current and future generations. When someone pollutes Washington’s land, air or waters, Ecology enforces state and federal regulations in hopes of changing behavior and deterring future violations.

Million Dollar Fine Levied for Environmental Pollution Crimes

A Japanese shipping company that delivered steel products to Wilmington, North Carolina, was convicted and sentenced for obstruction of justice and falsification of an Oil Record Book to cover-up intentional oil pollution from the Motor Vessel (“M/V”) Atlantic Oasis, announced Acting Assistant Attorney General Jeffrey H. Wood and US Attorney Robert J. Higdon Jr. Nitta Kisen Kaisha Ltd. (“Nitta”) owned and operated the M/V Atlantic Oasis. The prior Chief Engineer, Jihnyun Youn, had previously been convicted and sentenced for falsification of the vessel’s Oil Record Book.

The company admitted that its engineers failed to document the illegal discharge of oily wastes from the vessel’s fuel and lubrication oil purifier systems, as well as discharges of oily bilge waste from the bilge holding tank and from the vessel’s bilges. During a U.S. Coast Guard inspection of the vessel on May 17, 2017, a junior engineering crewmember provided information to the inspectors about how the oily wastes were being discharged by the order of Chief Engineer Youn. The crewmember also showed U.S. Coast Guard inspectors where the hoses that were used for the discharges were hidden. Chief Engineer Youn lied to the inspectors about the existence of a Sounding Log, which is typically used in the industry to record the fluid levels of various tanks in the engine room. By the end of the inspection, Chief Engineer Youn had admitted to ordering the illegal discharges and admitted that there was a Sounding Log.

Nitta was ordered to pay a fine of $1,000,000; placed on probation for a period of three years; and further ordered to implement a court-approved comprehensive Environmental Compliance Plan as a special condition of probation, which will be audited throughout probation. Chief Engineer Youn was placed on probation for one year and ordered to pay a fine of $5,500.00.

“This case demonstrates that those who pollute our oceans and deliberately mislead US Coast Guard Officials will be brought to justice,” said Acting Assistant Attorney General Wood. “The Department of Justice will continue to work with our federal law enforcement partners to aggressively prosecute criminals that harm the environment.”

“While the charges in this case rest on the failure of the ship’s crew to properly document the discharge of oily bilge waste, the heart of this case is the illegal discharge itself and the damage that action did to our environment—particularly our spectacular seashores and waterways—is a critical necessity in the Eastern District of North Carolina,” said US Attorney Robert J. Higdon Jr. for the Eastern District of North Carolina. “We trust that the fines and penalties imposed in this case will act as a deterrent to anyone who would treat our environment as a dump-ground.”

“Marine Environmental Protection is a critical mission of the United States Coast Guard. We respond to and investigate oil and hazardous material releases and discharges, as well as enforce environmental laws to preserve our waters and prevent future spills. We hope the outcome of this case deters future criminal acts that pollute the marine environment,” stated Captain Bion Stewart, Commander Coast Guard Sector North Carolina.

Kauai Big Save Supermarket Owner Fined $110,000 for Illegal Cesspool

EPA has announced a settlement with N.F. Kawakami Store, Ltd., (NFK) the property owner of the Koloa Big Save Supermarket, for failing to close a large-capacity cesspool that threatened to contaminate local water sources at the property on Kauai.

Under the settlement, NFK will pay a civil penalty of $110,000 for violating the federal Safe Drinking Water Act. In addition, NFK will close the large cesspool and replace it with a wastewater treatment plant approved by the Hawaii Department of Health. Cesspools collect and discharge waterborne pollutants like untreated raw sewage into the ground, where disease-causing pathogens can contaminate groundwater, streams and the ocean. In 2005, the federal government banned large-capacity cesspools.

“EPA is committed to protecting Hawaii’s coastal water resources by closing all large-capacity cesspools,” said Alexis Strauss, EPA’s Acting Regional Administrator for the Pacific Southwest. “Our large-capacity cesspool inspection and enforcement efforts will continue until all such cesspools are shut down.”

Cesspools are used more widely in Hawaii than in any other state, even though 95% of all drinking water in Hawaii comes from groundwater sources. In the 13 years more than 3,400 large-capacity cesspools have been closed statewide, many through voluntary compliance.

California 100% Compliant with Clean Fuel Rule 

Low carbon transportation fuels are rapidly seizing a larger share of the fuel market, and new data from the California Air Resources Board (CARB) underscores that trend. The 2017 Compliance Report for the Low Carbon Fuel Standard (LCFS) shows 100% compliance with the regulation.

“This is great news and further evidence that California is on the right track in the fight to address climate change and ensure everyone has clean air to breathe,” said CARB Executive Officer Richard Corey. “This program gives consumers more fuel choices and is driving the development of a burgeoning clean-fuel market in California”.

The program considers greenhouse gas (GHG) emissions at all stages of production of a fuel, from pump or field to wheel. It was originally developed to support a return to 1990 levels of climate-changing gases by 2020, as required by AB 32, the 2006 landmark climate bill. Currently fuel producers who sell their product in California must lower the amount of overall carbon in their fuels 10% by 2020.

Now that a new climate target of a 40% reduction of climate-changing gases is in place for 2030, CARB staff has proposed a further reduction in the LCFS to reach a 20% decrease of carbon in vehicle fuels to help meet that target. That reduction will help provide the basis for another overall reduction of an additional 40% by 2050.

The program provides consumers with an increasing volume and variety of cleaner fuels. As an example, in 2017, renewable liquid fuels displaced over 500 million gallons of diesel, and more than 100 million gallons were displaced by renewable natural gas. Electricity displaced about 75 million gallons of petroleum.

The 100% compliance rate is further proof of the success of the program.  Of the 262 companies reporting under the program, 55 generated deficits for supplying fuels that were dirtier than the 2017 program benchmark. They were required to make up for their shortfall by purchasing credits from clean fuel providers. All other companies brought cleaner fuels to market—fuels that were below the carbon-intensity baseline.

Since its start in 2011 the program has generated credits representing a total reduction of 35.8 million metric tons of climate-changing gases. That equals an over-compliance of 9.8 million metric tons, meaning that that GHG emission reductions are occurring ahead of schedule. The clean fuels also reduced emissions of toxic pollutants as well as those that cause smog.

Going forward, CARB staff has proposed a number of amendments to the LCFS besides the 20% reduction target. All the amendments are to help achieve the overall 2030 GHG reduction target of 40% below 1990 levels.

The proposed amendments include credit generation for new innovative technologies such as hydrogen and electricity fueling stations, carbon capture and sequestration projects and cleaner alternative jet fuels. Other proposed amendments improve crediting for innovative actions at petroleum refineries, and establish an independent third-party verification and verifier accreditation system to ensure accuracy of LCFS reported data.

The amendments were developed with extensive input from industry and the public. At the first of two Board meetings these amendments drew no comments in opposition.


Read more on EPA Intends to Finalize Current Ruling on Methylene Chloride.

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