SAFEGUARDING CAPE FEAR RIVER BASIN WATER QUALITY (NSF VIDEO INCLUDED)

FROM:  NATIONAL SCIENCE FOUNDATION
Testing the waters: 1,4-Dioxane in North Carolina's Cape Fear River Basin
Environmental engineers play vital role in determining next steps to safeguard drinking water

It was an email from a colleague that tipped off environmental engineer Detlef Knappe of possible 1,4-dioxane contamination in the Cape Fear River Basin, North Carolina's largest watershed and a source of drinking water for communities across the state.

The Environmental Protection Agency (EPA) has classified 1,4-dioxane as a probable human carcinogen. It is an industrial solvent used in the textile and paper industries and a by-product of manufacturing processes involving ethylene oxide, such as the production of certain plastics and surfactants used in laundry detergents and shampoos.

With support from a National Science Foundation (NSF) RAPID grant, Knappe and his team at North Carolina State University (NCSU) have begun to identify 1,4-dioxane sources and how 1,4-dioxane impacts drinking water quality. (RAPID is short for Grants for Rapid Response Research.) Another research goal is to determine whether home filtration devices effectively remove 1, 4-dioxane from tap water and how long those filters will last.

Knappe is also working with managers at water treatment plants and state policymakers in North Carolina to improve testing and treatment standards for 1,4-dioxane. Knappe says so far, the research team has identified three North Carolina communities as key sources of 1,4-dioxane and those communities are now working with the state and NCSU to identify which facilities are the source of the contamination.

He says the team is also evaluating point-of-use devices, such as pitcher and refrigerator filters, and has identified a new adsorbent that is quite effective for 1,4-dioxane removal.

The research in this episode was supported by NSF award #1449768, RAPID; GOALI: Sources of 1,4-Dioxane in the Cape Fear River Watershed of North Carolina and Treatment Options for 1,4-Dioxane Control. GOALI is NSF's Grant Opportunities for Academic Liaison with Industry program.

Miles O'Brien, Science Nation Correspondent
Ann Kellan, Science Nation Producer

VA FACT SHEET ON HERBICIDES LIKE AGENT ORANGE

FROM:  U.S. DEPARTMENT OF VETERANS AFFAIRS
Facts About Herbicides
Herbicide-sprayed areas and unsprayed areas

Agent Orange is a blend of tactical herbicides the U.S. military sprayed from 1962 to 1971 during Operation Ranch Hand in the Vietnam War to remove trees and dense tropical foliage that provided enemy cover.

More than 19 million gallons of various “rainbow” herbicide combinations were sprayed, but Agent Orange was the combination the U.S. military used most often. The name “Agent Orange” came from the orange identifying stripe used on the 55-gallon drums in which it was stored.

Heavy sprayed areas included forests near the demarcation zone, forests at the junction of the borders of Cambodia, Laos, and South Vietnam, and mangroves on the southernmost peninsula of Vietnam and along shipping channels southeast of Saigon.

The U.S. Department of Defense developed these tactical herbicides specifically to be used in “combat operations.” They were not commercial grade herbicides purchased from chemical companies and sent to Vietnam. Tactical herbicides also were used, tested, and stored in areas outside of Vietnam.

Learn how Veterans may have been exposed to Agent Orange and other herbicides during military service, including outside Vietnam.

Agent Orange active ingredients and characteristics

The two active ingredients in the Agent Orange herbicide combination were equal amounts of 2,4-dichlorophenoxyacetic acid (2,4-D) and 2,4,5-trichlorophenoxyacetic acid (2,4,5-T), which contained traces of 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD).

The dioxin TCDD was an unwanted byproduct of herbicide production. Dioxins are pollutants that are released into the environment by burning waste, diesel exhaust, chemical manufacturing, and other processes. TCDD is the most toxic of the dioxins, and is classified as a human carcinogen by the Environmental Protection Agency.

Agent Orange dries quickly after spraying and breaks down within hours to days when exposed to sunlight (if not bound chemically to a biological surface such as soil, leaves and grass) and is no longer harmful.

CONTINENTAL CARBON COMPANY AGREES TO INSTALL POLLUTION CONTROL TECHNOLOGY

FROM:  U.S. JUSTICE DEPARTMENT
Monday, March 23, 2015
Settlement with Continental Carbon Company to Reduce Air Pollution at Manufacturing Facilities in Alabama, Oklahoma and Texas

In a settlement with the United States and the states of Alabama and Oklahoma, Continental Carbon Company has agreed to install pollution control technology that will significantly cut emissions of harmful air pollutants at manufacturing facilities in Alabama, Oklahoma and Texas, the Department of Justice and the U.S. Environmental Protection Agency (EPA) announced today.  The settlement will resolve claims that Houston-based Continental violated the Clean Air Act by modifying their facilities in a way that caused the release of excess sulfur dioxide (SO2) and nitrogen oxide (NOx).

The settlement requires Continental to pay a civil penalty of $650,000, which will be shared with Alabama and Oklahoma, co-plaintiffs in the case.  Continental must also spend $550,000 on environmental projects to help mitigate the harmful effects of air pollution on the environment and to benefit local communities, including at least $25,000 on energy efficiency projects in the communities near each of the three facilities.

“Today’s agreement is good news for residents living near Continental facilities, many of whom were overburdened by air pollution for far too long and whose children, like all Americans, should be able to breath clean air.” said Assistant Attorney General John C. Cruden of the Justice Department’s Environment and Natural Resources Division.  “The agreement also reflects our continuing efforts to vigorously enforce the Clean Air Act to protect public health and the environment.  The settlement requires Continental to control large sources of air pollution with advanced technology and requires projects that will have a direct and positive impact on Continental’s neighbors.”

“This settlement brings another major carbon black company into compliance with a law that protects clean air for American communities,” said Assistant Administrator Cynthia Giles of EPA’s Office of Enforcement and Compliance Assurance.  “By investigating all 15 carbon black manufacturing plants in the U.S., EPA is committed to improving public health and leveling the playing field for companies that follow the law.  By installing the latest pollution control technology and funding environmental projects, Continental is taking steps to reduce emissions of air pollutants that can lead to serious health problems.”

Continental manufactures carbon black, a fine carbonaceous powder used in tires, plastics, rubber, inkjet toner and cosmetics, at facilities in Phenix City, Alabama, Ponca City, Oklahoma, and Sunray, Texas.  Because the oil used to make carbon black is high in sulfur, its production creates large amounts of nitrogen oxide, sulfur dioxide and particulate matter.  This settlement supports EPA’s and the Justice Department's national efforts to advance environmental justice by working to protect communities such as Phenix City and Ponca City that have been disproportionately impacted by pollution.

EPA expects that the actions required by the settlement will reduce harmful emissions by approximately 6,278 tons per year of sulfur dioxide and 1,590 tons per year of nitrogen oxide.  Continental estimates that it will spend about $98 million to implement the required measures.  The pollution reductions will be achieved through the installation, upgrade and operation of state-of-the-art pollution control devices designed to reduce emissions and protect public health.

SO2 and NOx have numerous adverse effects on human health and are significant contributors to acid rain, smog and haze.  These pollutants are converted in the air to particulate matter that can cause severe respiratory and cardiovascular impacts, and premature death.

EPA concluded that the modifications made at Continental’s plants violated the Clean Air Act based on information the company submitted in response to an information request from EPA in 2007.  EPA issued notices of violation to Continental for these claims in 2012.

The settlement was filed with the U.S. District Court of the Western District of Oklahoma and is subject to a 30 day public comment period.  The company is required to pay the penalty within 30 days after the court approves the settlement.

This settlement is part of EPA’s National Enforcement Initiative to control harmful emissions from large sources of pollution.  Through the initiative, EPA investigated all 15 of the carbon black plants in the U.S. for violations of the Clean Air Act’s Prevention of Significant Deterioration requirements.  With this settlement, six of the 15 facilities will be covered by consent decrees with EPA.  In 2013, EPA announced the first national carbon black settlement with Boston-based Cabot Corporation, the second largest carbon black manufacturer in the United States.

ON ENERGY AND CLIMATE CHANGE, PRESIDENT OBAMA MAKES REMARKS

FROM:  THE WHITE HOUSE
March 19, 2015
Remarks by the President on Energy and Climate Change
Department of Energy
Washington, D.C.
11:28 A.M. EDT

THE PRESIDENT:  Well, It is wonderful to be here at the Department of Energy with some of our outstanding private sector partners.  Secretary Ernie Moniz is in Geneva doing some important work on behalf of our national security, but I want to thank him and his team at the Department of Energy, as well as our folks over at EPA.  And Administrator Gina McCarthy is here, as well as Christy Goldfuss at the Council on Environmental Quality.

This has been a team effort to make sure that we are doing everything we can to boost the energy efficiency of the American economy.  And since we’ve said it’s important, we thought it was important for us to lead by example here at the federal government.  As you know, I just took a tour of the solar-powered roof upstairs.  And those panels are not just for show -- they produce power that the government doesn’t then have to buy off the grid.  And more and more businesses and more and more homeowners are following suit not because it’s simply good for the environment, but because it’s good for their bottom lines.

Thanks in part to the investments that we’ve made over the past six years, the United States is rapidly becoming a leader in solar energy.  Last year was the biggest year for solar power in our history.  And, in fact, the solar industry is adding jobs 10 times faster than the economy as a whole.

So we’re proving that it is possible to grow our economy robustly while at the same time doing the right thing for our environment and tackling climate change in a serious way.

Over the past six years, we’ve done more than ever to to combat climate change.  Last year, the federal government used less energy than at any time in the past four decades.   And in a historic joint announcement that many of you saw, China committed to limiting their emissions for the first time.

So today, America once again is going to be leading by example.  This morning, I signed an executive order that will do two things.  First, we’re going to cut the federal government’s greenhouse gas emissions 40 percent from the 2008 levels within the next 10 years.  Second, we’re going to increase the share of electricity that the federal government uses from renewable sources to 30 percent within the next 10 years.  These are ambitious goals, but we know that they’re achievable goals.

And I want to thank the executives of some of our leading companies in the country who are here, because they’re stepping up and making similar commitments.  Folks from IBM to GE, Northrop Grumman -- some of our biggest Fortune 100 companies are setting their own ambitious goals.  And, cumulatively, what this is doing is allowing us across the economy to not only hit some key targets that are going to be required in order for us to reduce climate change, but they’re also saving money, helping their bottom line, and they’re giving a boost to the industry as a whole -- because as we get economies of scale, and demand for solar and wind and other renewable energies grows, obviously that can help drive down the overall price, make it that much for efficient, and we start getting a virtuous cycle that is good for the economy and creates jobs here in America.

So we very much want to thank our private sector partners.  You guys have done an outstanding job.  And because of the prominence of many of the companies here, and the fact that they’ve got a whole bunch of suppliers up and down the chain, what you do with respect to energy efficiency is going to have a ripple effect throughout the economy.  And we’re very pleased with that.

So thank you very much.  Thank you, guys.

Q    -- Iran?

THE PRESIDENT:  I’m sorry, we’re talking about energy, and it’s a great story, so hopefully you’ll focus on it.  Thank you, guys.

END
11:33 A.M. EDT

E-WASTE EXPORTER PLEADS GUILTY TO CONSPIRACY RELATING TO EXPORT OF HAZARDOUS WASTE

FROM:  U.S. JUSTICE DEPARTMENT
Friday, March 13, 2015
Michigan Resident Pleads Guilty to Conspiracy to Violate Customs and Environmental Laws Regarding Export of E-Waste

Michigan resident Lip Bor Ng, also known as Paul Wu, 52, pleaded guilty before Judge Mark A. Goldsmith to a one-count conspiracy information, which charged him with conspiring with others to knowingly submit false and misleading export information to the United States,  to fraudulently and knowingly export electronic waste in violation of United States law and to export hazardous waste without filing a notification of intent to export with the U.S. Environmental Protection Agency (EPA).

According to the charges in the information, Ng submitted fraudulent export information to the Automated Export System, an electronic database maintained by the U.S. Customs and Border Protection, on two occasions in 2011.  He falsely declared the commodities as plastic and metal scrap, when, in fact, they contained various types of used electronics and computer components, including cathode-ray tube (CRT) monitors.  CRT monitors can be considered hazardous waste under certain conditions and thus their export is regulated by EPA.

Anyone who exports unusable, hazardous CRT monitors must file a notification of intent to export CRT monitors and must also receive permission from the receiving country, in this case, China and Hong Kong, to allow import into that country.  Ng did not file the appropriate notification, or receive permission from China and Hong Kong to export the CRT monitors.

“The more technology we use, the more electronic waste is created that can seriously impact human health and the environment,” said Special Agent in Charge Randall K. Ashe of EPA’s criminal enforcement program in Michigan.  “Many old, worn-out electronics are exported overseas where people risk their health to retrieve the valuable materials left in them.  As a global leader in the manufacture and use of electronics, America has a responsibility to ensure their proper disposal.”

“When potentially hazardous e-waste is not properly disposed of, human lives are put at risk,” said Marlon Miller, special agent in charge of Homeland Security Investigations Detroit. “The investigation confirmed that the defendant repeatedly and illegally exported used cathode ray tubes overseas. Homeland Security Investigations stands with our law enforcement partners, committed and ready, to prevent any company from ignoring U.S. laws involving the export of hazardous e-waste."

Ng faces a maximum sentence of five years imprisonment and a $250,000 fine. Sentencing was set for July 14, 2015.

The case is being investigated by the EPA, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, U.S. Department of Commerce, and U.S. Postal Inspection Service.

The case is being prosecuted by the Department of Justice, Environmental Crimes Section, Trial Attorney Jennifer Leigh Blackwell, the United States Attorney’s Office for the Eastern District of Michigan, Assistant U.S. Attorney Lynn Dodge, as well as EPA Regional Criminal Enforcement Counsel Dave Taliaferro.

EPA TAKES ACTION PROTECTING CONSUMERS FROM TOLUENE DIISOCYANATES

FROM:  U.S. EPA 

Today, EPA is taking action to protect consumers from new uses and imports of the harmful chemicals Toluene Diisocyanates (TDI).

These chemicals are currently widely used in residual amounts in the production of polyurethanes and consumer products, such as coatings, elastomers, adhesives, and sealants and can be found in products used in and around homes or schools. Diisocyanates are well known dermal and inhalation sensitizers in the workplace and can cause asthma, lung damage, and in severe cases, death.

The proposed decision would give EPA the opportunity to evaluate and if necessary, to take action to prohibit or limit the use of the chemicals at greater than 0.1% in coatings, adhesives, elastomers, binders, and sealants in consumer products including imported consumer products that make their way into the United States.  For all other uses in a consumer products, EPA would have the opportunity to evaluate the use of the chemicals at any level.

EPA’s proposed action, a Significant New Use Rule (SNUR) under the Toxic Substances Control Act (TSCA), would require manufacturers (including importers) to notify EPA at least 90 days before starting or resuming these new uses in consumer products.  EPA would then have the opportunity to evaluate the intended use of the chemicals and, if necessary, take action to prohibit or limit the activity.

CITY OF FORT WORTH. ARKANSAS. WILL UPGRADE SEWER SYSTEM IN SETTLEMENT

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, January 2, 2015
Fort Smith, Arkansas, Agrees to Upgrade Sewer System to Reduce Discharges of Raw Sewage into Local Waterways

The Department of Justice, the U.S. Environmental Protection Agency (EPA) and the state of Arkansas announced that the city of Fort Smith, Arkansas, will spend more than $200 million over the next 12 years on upgrades to its sewer collection and treatment system to reduce discharges of raw sewage and other pollutants into local waterways.  Under a settlement filed in federal court in the Western District of Arkansas, Fort Smith will also pay a $300,000 civil penalty and spend $400,000 on a program to help qualified low-income residential property owners to repair or replace defective private sewer lines that connect to the city collection system.

“This settlement will achieve long overdue improvements in the city’s sewer system that will substantially reduce the number of sewage discharges and help assure that the citizens of Fort Smith reside in a safe and clean environment,” said Acting Assistant Attorney General Sam Hirsch for the Justice Department’s Environment and Natural Resource Division.

Today’s agreement resolves alleged Clean Water Act violations related to Fort Smith’s failure to properly operate and maintain its sewer collection and treatment system.  Since 2004, Fort Smith has reported more than 2,000 releases of untreated sewage from its municipal sewage system, resulting in more than 119 million gallons of raw sewage flowing into local waterways, including the Arkansas River.  These types of releases, known as sanitary sewer overflows, cause serious water quality and public health problems.  Fort Smith also violated limits for discharges of various pollutants from its Massard and P Street wastewater treatment plants numerous times over the last decade.

“This agreement means cleaner water for the residents of Fort Smith by reducing pollution flowing into local waterways,” said Assistant Administrator Cynthia Giles for EPA’s Office of Enforcement and Compliance Assurance.  “EPA works with communities like Fort Smith to develop cost-effective and pragmatic solutions to protect residents from exposure to raw sewage.”

Many of the manholes and pump stations from which Fort Smith’s sanitary sewer overflows occur are located in low-income and minority communities.

To reduce sanitary sewer overflows Fort Smith will conduct a comprehensive assessment of its sewer system to identify defects and places where stormwater may be entering the system.  The city will also repair all sewer pipe segments and manholes that are likely to fail within the next 10 years, develop projects to improve its sewers’ performance and implement a program to reduce the introduction of fats, oil and grease into its system, to reduce root intrusion, and to clean the system of debris which can cause sanitary sewer overflows.  Fort Smith will also implement a program to determine whether human waste is entering and being released from the city’s stormwater system.

The implementation of the consent decree will reduce releases of approximately 3,492 pounds of total suspended solids, 3,343 pounds of biological oxygen demand, 543 pounds of nitrogen, and 78 pounds of phosphorus from the Fort Smith sewage system each year.  High levels of these pollutants can reduce oxygen levels in water bodies, which can threaten the health of aquatic plants and animals.  Too much nitrogen and phosphorus in the water cause algae to grow faster than ecosystems can handle.  Large growths of algae, known as algal blooms, contribute to the creation of hypoxia or “dead zones” in water bodies where oxygen levels are so low that most aquatic life cannot survive.

Sanitary sewer overflows and backups of raw sewage onto private property pose a risk to human health and the environment.  Untreated sewage contains organic matter, bacteria, viruses, parasites, toxics and metals, which may cause illness or even death when humans come into contact with them.  Most illnesses that arise from contact with sewage are caused by pathogens, which are biological agents that cause disease or illness in a host.  The most common pathogens in sewage are bacteria, parasites, and viruses.  They cause a wide variety of acute illnesses including diarrhea and infections.

Keeping raw sewage and contaminated stormwater out of the waters of the United States is one of EPA’s National Enforcement Initiatives.  EPA is working to reduce sanitary sewer overflows by obtaining commitments from cities to implement timely, affordable solutions.

ENERGY COMPANY TO RESTORE AREAS DAMAGED BY NAT. GAS EXTRACTION

FROM:  U.S. JUSTICE DEPARTMENT 
Monday, December 22, 2014
XTO Energy Inc. to Restore Areas Damaged by Natural Gas Extraction Activities

The Department of Justice and the U.S. Environmental Protection Agency announced today that XTO Energy Inc. (XTO), a subsidiary of ExxonMobil and the nation’s largest holder of natural gas reserves, will spend an estimated $3 million to restore eight sites damaged by unauthorized discharges of fill material into streams and wetlands in connection with hydraulic fracturing operations.  XTO will also implement a comprehensive plan to comply with federal and state water protection laws at the company’s oil and gas extraction facilities in West Virginia that use horizontal drilling methods.

“The extraction of domestic energy resources is vitally important, and so it is equally important that companies ensure that all such activities comply with the nation’s environmental laws,” said Acting Assistant Attorney General Sam Hirsch for the Justice Department’s Environment and Natural Resources Division.  “This settlement will resolve allegations that XTO’s illegal discharges of fill materials damaged streams and wetlands, by requiring the company to pay a penalty, restore the damaged resources where possible and take other mitigation and compliance measures.”

The company will pay a civil penalty of $2.3 million for violations of Section 404 of the Clean Water Act and West Virginia law.  Section 404 of the Clean Water Act prohibits the filling or damming of wetlands, rivers, streams, and other waters of the United States without a permit from the U.S. Army Corps of Engineers (Corps).  The Clean Water Act requires a company to obtain a permit prior to discharging dredge or fill material into wetlands, rivers, streams, and other waters of the United States.

The settlement also resolves alleged violations of state law asserted by WVDEP.  The state of West Virginia is a co-plaintiff in the settlement and will receive half of the $2.3 million civil penalty.

“American communities expect EPA and our state partners to make sure energy development is done responsibly,” said Assistant Administrator Cynthia Giles of EPA’s Office of Enforcement and Compliance Assurance.  “This case will help to protect clean water in West Virginia, and support a level playing field for energy developers that play by the rules.”

The federal government and the West Virginia Department of Environmental Protection (WVDEP) allege that the company impacted streams and discharged sand, dirt, rocks and other fill material into streams and wetlands without a federal permit in order to construct well pads, road crossings, freshwater pits, and other facilities related to natural gas extraction.  The alleged violations being resolved by today’s settlement occurred at eight sites located in the West Virginia Counties of Harrison, Marion and Upshur.  The federal government and WVDEP allege that the violations impacted more than 5,300 linear feet of stream, and 3.38 acres of wetlands.

The settlement requires that the company fully restore the wetlands and streams wherever feasible, monitor the restored sites to assure the success of the restoration, and implement a comprehensive compliance program to ensure future compliance with the Clean Water Act and applicable state law.

EPA discovered some of the violations through information provided by the state and through routine joint inspections conducted with the Corps, who actively supported the EPA and the Justice Department in this case.  In addition, the company voluntarily disclosed potential violations at five of the sites following an internal audit.  Beginning in 2011, EPA issued administrative compliance orders for violations at all eight sites.  Since that time, the company has been working with EPA to correct the violations and restore those sites in full compliance with EPA’s orders.

In July 2013, the United States concluded a settlement with XTO to resolve an alleged violation of the Clean Water Act related to the discharge of wastewater from XTO’s Penn Township, Lycoming County, Pennsylvania, facility used for the storage of wastewater generated by hydraulic fracturing operations.

Filling wetlands illegally and damming streams can result in serious environmental consequences.  Streams, rivers, and wetlands benefit the environment by reducing flood risks, filtering pollutants, recharging groundwater and drinking water supplies, and providing food and habitat for aquatic species.  Any person, firm or agency planning to work in, or discharge dredged or fill material into waters of the U.S., including wetlands, must first obtain a permit from the Corps.  Compliance with the Corps’ permit process and regulations helps to ensure that enforcement actions like this one do not occur.  For more information about the permitting process under Section 404 of the Clean Water Act, contact: Regulatory.Permits@usace.army.milEmail links icon.

XTO engages in the exploration and production of natural gas in the Appalachian Basin.  The company has Marcellus Shale holdings in Pennsylvania, New York, Ohio and West Virginia.

EPA TAKES ACTION PROTECTING PUBLIC FROM CERTAIN CHEMICALS

FROM:  U.S. ENVIRONMENTAL PROTECTION AGENCY 
FOR IMMEDIATE RELEASE
December 17, 2014

WASHINGTON – The U.S. Environmental Protection Agency (EPA) is taking action to protect the public from certain chemicals that have the potential to cause a range of health effects from cancer to reproductive and developmental harm to people and aquatic organisms.

“We are committed to protecting all Americans from exposure to harmful chemicals used in domestic and imported products,” said Jim Jones, assistant administrator for chemical safety and pollution prevention. “There must be a level playing field for U.S. businesses – which is why we’re targeting harmful chemicals no longer used in the U.S. that find their way into commerce, sometimes through imported products. This final action will give EPA the opportunity to restrict or limit any new uses of these chemicals, including imported goods with these chemicals.”
Today’s action addresses the following chemicals:

Most uses of certain benzidine-based dyes which can be used in textiles, paints and inks and can be converted in the body into a chemical that is known to cause cancer;

Most uses of DnPP, a phthalate, which can be used in PVC plastics and has been shown to cause developmental and/or reproductive effects in laboratory animals; and

Alkanes C 12-13, chloro, a short-chain chlorinated paraffin (SCCP), which can be used as industrial lubricants and are persistent, bioaccumulative and toxic to aquatic organisms at low concentrations and can be transported globally in the environment.

Some of the chemicals in today’s rule have previously been used in consumer products but are not used in the market today. Today’s Significant New Use Rules (SNURs) issued under the Toxic Substances Control Act allow EPA to review any efforts by manufacturers, including importers, to introduce these chemicals into the market and take appropriate action to ensure that human health and the environment are protected. EPA believes that new uses of these chemicals should not be allowed without an opportunity for review and, if necessary, to place restrictions on these chemicals, as warranted.
The action adds nine benzidine-based dyes to an existing SNUR. It closes a loophole to ensure that these chemicals and products containing them, such as clothing, cannot be imported without EPA review and possible restriction. EPA has investigated safer dyes and colorants as alternatives to benzidine as part of its Safer Chemical Ingredients List and Design for the Environment program.

In 2012, EPA required companies to stop manufacturing and importing SCCPs and to pay fines as a result of an enforcement action.

EPA is further evaluating related medium-chain (MCCPs) and long-chain chlorinated paraffins (LCCPs) as part of the TSCA Work Plan for Chemical Assessments.

EPA has added several phthalates to the TSCA Work Plan for Chemical Assessments. If a TSCA Work Plan assessment indicates a potential risk, the agency would determine if risk reduction actions, as appropriate, should be taken.

These final SNURs will require anyone who wishes to manufacture (including import) or process these chemical substances for a significant new use to notify EPA 90 days before starting or resuming new uses of these chemicals. This notice will provide EPA with the opportunity to evaluate the intended use of the chemicals and, if necessary, take action to prohibit or limit the activity.

EPA STARTS ACTION PROTECTING PUBLIC FROM GLYMES CHEMICALS

FROM:  U.S. ENVIRONMENTAL PROTECTION AGENCY 
The U.S. Environmental Protection Agency issued the following press release earlier today:

WASHINGTON – The U.S. Environmental Protection Agency (EPA) is taking action to protect the public from seven ethylene glycol ethers or glymes chemicals that can cause health effects including birth defects and blood toxicity.

“Today’s action is part of our continuing efforts to help ensure that chemicals in products we use every day are safe for the American public,” said Jim Jones, Assistant Administrator for Chemical Safety and Pollution Prevention. “Finalizing this action could prevent an increase in the use of these chemicals and reduce human exposure through ingestion and inhalation.”

Some of these chemicals are currently used in consumer products, including paints, inks, and glues. The final rule will allow EPA to review any proposed new uses of these chemicals to ensure that human health and the environment are protected. EPA believes that new uses of these chemicals should not be allowed without an opportunity for review and, if necessary, to place restrictions on these chemicals, as warranted.

EPA has also added one of the more toxic of these ethylene glycol ethers, ethylene glycol dimethyl ether (monoglyme), to the Work Plan for Chemical Assessments. Monoglyme met the criteria for priority assessment because of its toxicity and use in some commercial and consumer products. EPA will conduct a risk assessment for this chemical and determine if further risk reduction action should be taken.

This rule, known as a Significant New Use Rule (SNUR), is issued under the Toxic Substances Control Act and will require manufacturers (including importers) to notify EPA at least 90 days before starting or resuming new uses of these chemicals in consumer products. This notification allows EPA the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity. SNURs ensure that once a chemical has been phased out or taken off the market for certain uses, no use can resume without notification and review by the agency.

CANADIAN CEO EXTRADITED IN CASE INVOLVING NEW JERSEY SUPERFUND SITE

FROM:  U.S. JUSTICE DEPARTMENT 
Monday, November 17, 2014
Canadian Executive Extradited on Major Fraud Charges Involving a New Jersey Environmental Protection Agency Superfund Site

John Bennett, a Canadian national, was extradited Friday from Canada on a charge of participating in a conspiracy to pay kickbacks and commit fraud at the U.S. Environmental Protection Agency (EPA)-designated Superfund site Federal Creosote, located in Manville, New Jersey.  He was also charged with a related count for major fraud against the United States related to contracts obtained at the Federal Creosote site, the Department of Justice announced today.

Bennett was the former Chief Executive Officer with Bennett Environmental Inc., a Canadian-based company that treated and disposed of contaminated soil.  According to a felony indictment filed in the U.S. District Court for the District of New Jersey on Aug. 31, 2009 Bennett carried out the conspiracy by providing kickbacks to Gordon McDonald, the project manager at the Federal Creosote site, in order to influence the award of sub-contracts at the site and inflate the prices charged to the EPA by the prime contractor.  The kickbacks were in the form of money transferred by wire to a co-conspirator’s shell company, lavish cruises for senior officials of the prime contractor, and various entertainment tickets.  The department said the conspiracy began at least as early as December 2001 and continued until approximately August 2004.

The clean-up at Federal Creosote is partly funded by the EPA. Under an interagency agreement between the EPA and the Army Corps of Engineers, prime contractors oversaw the removal, treatment and disposal of contaminated soil as well as other operations at the Federal Creosote site.

Bennett arrived in the District of New Jersey, in Newark, on Nov. 14, 2014 and made his initial appearance today in the U.S. District Court for the District of New Jersey in Newark.

“The defendant is charged with thwarting the government’s competitive contracting practices,” said Assistant Attorney General Bill Baer of the Department of Justice’s Antitrust Division.  “This extradition demonstrates our resolve to pursue those who undermine competition.  And it is yet another example of our longstanding cooperation with our enforcement colleagues in Canada’s Department of Justice, which helps ensure that those who subvert competition in the United States and elsewhere are brought to justice.”

The fraud conspiracy that Bennett is charged with carries a maximum penalty of five years in prison and a $250,000 fine.  The major fraud against the United States charge carries a maximum penalty of 10 years in prison and a $1 million criminal fine for individuals.  The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.

As a result of the department’s investigation, three companies, including Bennett Environmental Inc., and eight individuals have pleaded guilty.  Bennett’s co-conspirator, Gordon McDonald, was convicted on Sept. 30, 2013, on 10 counts, including the two charges pending against Bennett.  McDonald was sentenced on March 4, 2014 to a 14-year term of imprisonment.

The investigation was conducted by the Antitrust Division’s New York Field Office, the EPA Office of Inspector General and the Internal Revenue Service Criminal Investigation with assistance from the Antitrust Division’s Foreign Commerce Section and the Criminal Division’s Office of International Affairs.

EPA VIDEO: WATERS OF THE U.S.: HIGH WATER MARK & TRIBUTARIES EXPLAINED

U.S.-INDIANA REACH $26 MILLION CLEANUP SETTLEMENT

FROM:  U.S. JUSTICE DEPARTMENT 

Wednesday, September 3, 2014

U.S. and Indiana Enter into Settlement for $26 Million Cleanup in East Chicago, Indiana

Under a proposed settlement reached with the United States and the state of Indiana, the Atlantic Richfield Company and E.I. Du Pont de Nemours and Co. (DuPont) will pay for an estimated $26 million cleanup of lead and arsenic contamination in parts of a residential neighborhood in East Chicago, Indiana, announced the U.S. Department of Justice and the U.S. Environmental Protection Agency (EPA).

The yards in this neighborhood are contaminated with lead and arsenic through industrial operations that took place from at least the early 1900s through 1985.  During that time, lead smelting and refining as well as other manufacturing processes that used lead and arsenic were located on and near the area that came to be known as the Calumet neighborhood of East Chicago.  The cleanup will involve digging up contaminated soil, hauling it away for disposal, and restoring the yards with clean soil.

Under the settlement, EPA itself will do the work in the neighborhood.  EPA will identify the yards that need to be remediated, will work with property owners to develop property‑specific drawings showing which soils on each property must be excavated, will do the excavation, and will restore the properties after excavation is complete.  Atlantic Richfield and DuPont will pay for EPA’s work and will also be responsible for transporting the contaminated soil out of the neighborhood and properly disposing of it.

To manage the cleanup, EPA and the state divided the Calumet neighborhood into three zones.  Today’s settlement covers two of them: a neighborhood that includes the Carrie Gosch Elementary School and residences operated by the East Chicago Housing Authority and a neighborhood located between the Elgin & Joliet Railway Line on the west and Parrish Avenue on the east.  Cleanup of the third area of the Calumet neighborhood is the subject of further discussions.

“Under this settlement, Atlantic Richfield and DuPont will fund the first phase of cleaning up historical lead and arsenic contamination in residential properties in part of East Chicago,” said Sam Hirsch, Acting Assistant Attorney General for the Department of Justice’s Environment and Natural Resources Division.  “This marks the start, not the end, of cleaning up the contamination that has burdened this community for far too long.”

“This settlement ensures that almost 300 residential properties, parks and public spaces in East Chicago will be cleaned up – and that the companies responsible for contaminating those sites will pay 100 percent of the costs for this phase of the cleanup,” said EPA Regional Administrator Susan Hedman.

“My office previously has worked through the federal courts in other cases to improve the quality of life for citizens of East Chicago,” said Indiana Attorney General Greg Zoeller, whose office represented the Indiana Department of Environmental Management.  “Under this appropriate cooperative effort between the state of Indiana and federal EPA, and with the commitments of the settling corporations, East Chicago residents will see progress made toward removing a health hazard and producing long-term benefit for their community.”

“This is great news for the citizens whose homes have been impacted,” said Indiana Department of Environmental Management (IDEM) Commissioner Thomas Easterly.  “Everyone wins when responsible parties come together and agree to do what is best for the community.”

The Calumet neighborhood is part of an EPA Superfund site known as the USS Lead Site.  EPA previously investigated the contamination in this neighborhood and issued a decision calling for its cleanup.

In a complaint filed simultaneously with the settlement, the United States and the state allege that Atlantic Richfield and DuPont are liable under the Superfund law for the cleanup because they or their predecessors either are owners or were owners/operators of plants that released lead and arsenic into the environment.

U.S.-COSTCO SETTLE GAS REFRIGERANT EMISSIONS CASE

FROM:  U.S. JUSTICE DEPARTMENT 

Wednesday, September 3, 2014

United States Settles with Costco to Cut Ozone-Depleting and Greenhouse Gas Refrigerant Emissions Nationwide

Costco Wholesale Corporation, one of the nation’s largest retailers, has agreed to cut its emissions of ozone-depleting and greenhouse gases from leaking refrigeration equipment at more than half of its stores nationwide.

In the settlement announced today by the U.S. Environmental Protection Agency and U.S. Department of Justice, Costco will pay $335,000 in penalties for federal Clean Air Act violations and will fix refrigerant leaks and make other improvements at 274 of its stores, which EPA estimates will cost about $2 million over the next three years.

“Compliance with the nation’s Clean Air Act is key to protecting all Americans from air pollution that damages our atmosphere and changes our climate,” said Sam Hirsch, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division.   “Industry needs to lead the way in abandoning harmful chemicals in favor of using and developing greener, environmentally friendly alternatives to protect our health and our climate.”

“Cutting harmful greenhouse gas emissions is a national priority for EPA, and this settlement will lead to significant reductions of an ozone-depleting gas that is 1,700 times more potent than carbon dioxide,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance.   “Fixing leaks of refrigerants, improving compliance and reducing emissions will make a real difference in protecting us from the dangers of ozone depletion, while reducing the impact on climate change.”

Costco violated the Clean Air Act by failing to promptly repair refrigeration equipment leaks of the refrigerant R-22, a powerful ozone-depleting hydrochlorofluorocarbon, between 2004 and 2007.   Costco also failed to keep adequate records of the servicing of its refrigeration equipment to prevent harmful leaks.   Destroying the ozone layer results in dangerous amounts of cancer-causing ultraviolet solar radiation striking the earth, increasing skin cancers and cataracts.   R-22 is also a potent greenhouse gas with 1,800 times more global warming potential than carbon dioxide or CO2.

The settlement requires Costco to retrofit or replace commercial refrigeration equipment at 30 of its stores to reduce ozone-depleting and greenhouse gas emissions.   Costco must also implement a refrigerant management system to prevent and repair coolant leaks and reduce its corporate-wide average leak rate at least 20 percent by 2017.   In addition, Costco will install and operate environmentally friendly glycol refrigeration systems and centrally monitored refrigerant leak detection systems at all new stores.

Today’s settlement is part of EPA’s national enforcement initiative to control harmful air pollution from the largest sources of emissions.  The Clean Air Act requires owners or operators of commercial refrigeration equipment that use over 50 pounds of ozone-depleting refrigerants and have an annual leak rate over 35 percent to repair all leaks within 30 days.

Corporate commitments to reduce emissions from refrigeration systems have been increasing in recent years.   EPA’s GreenChill Partnership with food retailers reduces refrigerant emissions and decreases their impact on the ozone layer and climate change by transitioning to environmentally friendlier refrigerants, using less refrigerant and eliminating leaks, and adopting green refrigeration technologies.

Costco, headquartered in Issaquah, Washington, operates 466 stores in the U.S. and additional stores worldwide, with revenues of $105.2 billion in 2013.   Today’s settlement covers 274 Costco stores with regulated commercial refrigeration equipment, including 67 stores in California, 14 in Arizona, five in Nevada, and four in Hawaii.

The proposed settlement is subject to a 30-day public comment period and final court approval.

EPA WARNS OF SWIMMING RELATED ILLNESSES

FROM:  U.S. ENVIRONMENTAL PROTECTION AGENCY 

Human Health

Most of the time when beaches are closed or advisories are issued, it's because the water has high levels of harmful microorganisms (or microbes) that come from untreated or partially treated sewage: bacteria, viruses, or parasites. We also use the word "pathogens" when they can cause disease in humans, animals, and plants.
Illnesses.

hildren, the elderly, and people with weakened immune systems are most likely to develop illnesses or infections after coming into contact with polluted water, usually while swimming. The most common illness is gastroenteritis, an inflammation of the stomach and the intestines that can cause symptoms like vomiting, headaches, and fever. Other minor illnesses include ear, eye, nose, and throat infections

Fortunately, while swimming-related illnesses are unpleasant, they are usually not very serious - they require little or no treatment or get better quickly upon treatment, and they have no long-term health effects. In very polluted water, however, swimmers can sometimes be exposed to more serious diseases like dysentery, hepatitis, cholera, and typhoid fever.

Most swimmers are exposed to waterborne pathogens when they swallow the water. People can get some infections simply from getting polluted water on their skin or in their eyes. In rare cases, swimmers can develop illnesses or infections if an open wound is exposed to polluted water.

Not all illnesses from a day at the beach are from swimming. Food poisoning from improperly refrigerated picnic lunches may also have some of the same symptoms as swimming-related illnesses, including stomachache, nausea, vomiting, and diarrhea.

It is also possible that people may come into contact with harmful chemicals in beach waters during or after major storms, especially if they swim near what we call “outfalls,” where sewer lines drain into the water. You can learn more about this by visiting our web site for stormwater.

Finally, the sun can hurt you if you're not careful. Overexposure can cause sunburn, and over time, it can lead to more serious problems like skin cancer. The sun can also dehydrate you and cause heat-related illnesses like heat exhaustion, muscle cramps, and heat stroke. Learn more about sun safety at our SunWise site or heat-related illnesses at the Centers for Disease Control and Prevention site.

How to Stay Safe

There are several things you can do to reduce the likelihood of getting sick from swimming at the beach. First, you should find out if the beach you want to go to is monitored regularly and posted for closures or swimming advisories. You are less likely to be exposed to polluted water at beaches that are monitored regularly and posted for health hazards.

In areas that are not monitored regularly, choose swimming sites in less developed areas with good water circulation, such as beaches at the ocean. If possible, avoid swimming at beaches where you can see discharge pipes or at urban beaches after a heavy rainfall.

To find out about the beaches you want to visit, contact the local beach manager.

Since most swimmers are exposed to pathogens by swallowing the water, you will be less likely to get sick if you wade or swim without putting your head under water.

"CRUMB" RUBBER: OLD TIRES, NEW ROADS

FROM:  NATIONAL SCIENCE FOUNDATION 

Old tires become material for new and improved roads

"Crumb" rubber can lower road noise and reduce need for road maintenance
Americans generate nearly 300 million scrap tires every year, according to the Environmental Protection Agency (EPA). Historically, these worn tires often end up in landfills or, when illegally dumped, become breeding grounds for disease-carrying mosquitoes and rodents. They also pose a potential fire hazard.

In recent years, however, interest has been growing in finding new, beneficial and environmentally friendly uses for discarded tires.

Magdy Abdelrahman, for example, an associate professor of civil and environmental engineering at North Dakota State University, is working on ways to turn old tires into new and improved roads.

The National Science Foundation (NSF)-funded scientist is experimenting with "crumb" rubber--ground up tires of different sized particles--and other components to improve the rubberized road materials that a number of states already are using to enhance aging asphalt.

"It's very durable," he says. "We mix it with different materials and in different percentages, and in different conditions, to find the best ways to add rubber to asphalt."

Asphalt rubber is the largest single market for ground rubber, consuming an estimated 220 million pounds, or approximately 12 million tires, according to the EPA. California and Arizona use the most asphalt rubber in highway construction, followed by Florida, the EPA says. Other states that are using asphalt rubber, or are studying its potential, include Texas, Nebraska, South Carolina, New York and New Mexico, according to the agency.

Ground tire rubber, when blended with asphalt, produces longer lasting road surfaces, and can lower road noise and the need for road maintenance.

Moreover, "this project will have a broad impact because solid waste is problematic throughout the world," Abelrahman says. "Asphalt applications have the potential to contribute to the solution of the growing solid waste problem provided that engineering and environmental concerns are addressed. Asphalt binders represent an area that can improve pavement performance."

Abdelrahman's research involves studying interactions of crumb rubber with specific additives to evaluate and characterize the physical and chemical properties of the compounds. He also is trying to determine whether certain conditions, such as bad weather, will cause chemical releases from the recycled materials--from polymers, for example--and the potential impact on soil and groundwater.

"We want to assess the environmental impact of adding components to the mixing of crumb rubber and asphalt, for example, is it going to leach out in the rain?" he says. "Traditional, that is, normal, asphalt-rubber materials will not cause harm to the soil or the ground water. But some additives may.

"We already know that the technology [rubberized roads] is proven to work, but we want to make it work much, much better," he adds. "We are trying to find the scientific and engineering aspects to make it better and, at the same time, be sure it is environmentally friendly."

Abdelrahman is conducting his work with an NSF Faculty Early Career Development (CAREER) award, which he received in 2009. The award supports junior faculty who exemplify the role of teacher-scholars through outstanding research, excellent education, and the integration of education and research within the context of the mission of their organization. NSF is funding his work with about $400,000 over five years.

The grant's educational component is strongly tied to the research, through developing a graduate/senior course on recycled material applications with significant scientific components, and through faculty-professional focus meetings to exchange experiences in the area of recycled materials.

He also plans to develop activities to recruit, train, and mentor students in the undergraduate and graduate programs, with the goal of preparing them for careers in recycled materials.

"We want to get the undergraduates involved in research activities and show them the technology we have developed," he says.

Furthermore, community outreach activities "will raise the awareness of K-12 students to the environmental issues facing the local as well as the global community regarding solid waste management," he says. "We will hold classes, seminars, even with kids in elementary school and show them: let's recycle some material.

"It is really important for them to understand that if we keep using new materials, that our grandchildren won't have anything left," he adds. "We're trying to get them to think about what will be available to the next generation in the way of resources if we cannot, or do not, use recycled materials. The goal is to educate high school, middle school and elementary school children, and show them that this is what needs to be done."

-- Marlene Cimons, National Science Foundation
Investigators
Magdy Abdelrahman

DEPUTY AG COLE'S REMARKS AT 2014 EARTH DAY EVENT

FROM:  U.S. JUSTICE DEPARTMENT D

Remarks as Prepared or Delivery by Deputy Attorney General James M. Cole at the Environment and Natural Resources Division Event Commemorating Earth Day 2014

Washington, D.C. ~ Tuesday, April 22, 2014

Thank you Bob [Dreher] for that kind introduction and for inviting me to join you for the 44th anniversary of Earth Day.

Let me begin by saying that the Attorney General and I greatly appreciate the work you do in the Environment and Natural Resources Division.  Your work helps protect our nation’s air, land and water and promotes responsible stewardship of America’s wildlife and natural resources.  If that weren’t enough of a responsibility, you also ensure that oil and Superfund waste are cleaned up, defend vital federal programs, and protect tribal rights and resources.  All of which are especially important today, at a time when we face significant environmental challenges: challenges from climate change, in developing alternative and sustainable sources of energy, and in combatting pollution and the public health risks that stem from it.

This past year alone, you defended the EPA actions addressing greenhouse gases that contribute to climate change.  You fought to uphold the Fish and Wildlife Service’s decision to protect polar bears under the Endangered Species Act.  You secured changes in Safeway’s operations that will reduce the use of ozone depleting substances in their refrigeration equipment.  You successfully prosecuted criminals trafficking rhino horns and ivory, and defended challenges to more than 25 cases involving solar and wind projects.  And just last week, you successfully defended an EPA rule that will substantially reduce emissions of mercury and other toxic materials from power plants across the country.

While I am only skimming the surface with these examples, they are tremendous accomplishments that will have an impact for generations to come.  The breadth and scope of the work that the Division handles is truly extraordinary.  In my experience and from the frequent praise I hear from client agencies that are impressed with the Division’s work, I know that you represent the Department of Justice and the United States with the utmost skill, professionalism, and integrity.  
Just two weeks ago I had the privilege of announcing the $5.15 billion settlement with the Kerr-McGee Corporation and its parent company Anadarko.  $4.4 billion of that settlement will go toward cleaning up the mess left by Kerr-McGee’s toxic businesses all over this country. This is the largest payment for the clean-up of environmental contamination in history - and it demonstrates the Justice Department’s firm commitment to securing environmental justice.

Earth Day is another reminder to me of that commitment, a commitment that the Department of Justice is dedicated not only to protecting the people of our country, but also to protecting its natural resources.  Earth Day may have originated as a day of awareness of the environmental challenges we face, but it is also a day of action.  So today, we celebrate the actions you take every day to secure environmental justice across this country.

I am privileged to be here in Marvin Gaye Park, to join the community in the important work they do to protect and conserve their environment for future generations.  I would like to take this opportunity to thank and acknowledge the graduates of the Green Corps program, as well as volunteers and employees of Marvin Gaye Park, and especially Steve Coleman, for their dedication to protecting our environment.

Thank you for having me here.  It is a pleasure to join you.  Keep up the good work!

GOVERNMENT, LOWE'S SETTLE HOME RENOVATIONS LEAD POLLUTION CASE

FROM:  U.S. JUSTICE DEPARTMENT 

Thursday, April 17, 2014

Corporate-Wide Settlement with Lowe’s Protects Public from Lead Pollution During Home Renovations

Lowe’s Home Centers, one of the nation’s largest home improvement retailers, has agreed to implement a comprehensive, corporate-wide compliance program at its more than 1,700 stores nationwide to ensure its contractors minimize lead dust from home renovation activities, as required by the federal Lead Renovation, Repair and Painting (RRP) Rule, the Department of Justice and the U.S. Environmental Protection Agency (EPA) announced.  The company will also pay a $500,000 civil penalty, which is the largest ever for violations of the RRP Rule.

The settlement stems from violations, discovered by EPA inspectors, of the RRP Rule’s recordkeeping and work practice standards at private homes that had been renovated by Lowe’s contractors.  EPA enforces the RRP and other lead rules to protect children and others who are vulnerable to exposure to lead dust that can cause lead poisoning.

“Today’s settlement requires Lowe’s to institute a robust, nationwide program at its more than 1,700 stores nationwide to ensure that the contractors it hires to perform renovation projects, like window and carpet installation, are properly certified and adhere to practices that help prevent lead contamination in customers’ homes,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division.  “This action, the first of its kind to address lead safe work practices on a system-wide basis, will help prevent children’s exposure to lead in communities across the nation by raising home improvement contractors’ awareness of EPA’s lead safety regulations and contributing to a culture of compliance.”

“Today’s settlement sends a clear message to all contractors and the firms they hire: Get lead certified and comply with the law to protect children from exposure to dangerous lead dust,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance.  “Lowe’s is taking responsibility for the actions of the firms it hires, and EPA expects other contractors to do the same.”

“Protecting our most valuable assets, our children, is something that I will always do,” said Stephen R. Wigginton, U.S. Attorney for the Southern District of Illinois.  “This settlement will ensure that not only children in southern Illinois, but children throughout the United States will be better protected from the known hazards associated with lead exposure.  I commend Lowe’s for taking responsibility and entering into this agreement.”

EPA discovered the violations through a review of records from completed renovations performed by contractors hired by the following Lowe’s stores: Alton, Ill.; Kent and Trotwood, Ohio; Bedford, N.H.; Southington, Conn.; South Burlington, Vt.; Rochester, N.Y.; Savannah and Lebanon, Tenn.; Boise, Idaho Falls and Nampa, Idaho; and Muldoon, Alaska.

The government complaint alleged that Lowe’s failed to provide documentation showing that its contractors had been certified by EPA, had been properly trained, had used lead-safe work practices, or had correctly used EPA-approved lead test kits at renovation sites.   Additionally, EPA’s investigation found that Lowe’s contractors had failed to ensure that work areas had been properly contained and cleaned during renovations at three homes.  EPA’s investigation was prompted by tips and complaints submitted by the public.

In addition to the civil penalty, Lowe’s must implement a comprehensive compliance program to ensure that the contractors it hires to perform work for its customers comply with the RRP Rule during renovations of any child-occupied facilities, such as day-care centers and schools, and any housing that was built before 1978.  For these projects, Lowe’s must contract with only EPA-certified renovators, ensure they maintain certification, and ensure they use lead safe work practices checklists during renovations.  In addition, Lowe’s must suspend anyone that is not operating in compliance with the rule, investigate all reports of potential noncompliance and ensure that any violations are corrected.

The RRP Rule, which implements the federal Toxic Substances Control Act, is intended to ensure that owners and occupants of housing built before 1978, as well as any child-occupied facilities, receive information on lead-based paint hazards before renovations begin, and that individuals performing such renovations are properly trained and certified by EPA and follow specific work practices to reduce the potential for lead-based paint exposure.  Home improvement companies such as Lowe’s that contract with renovators to perform renovation work must ensure that those contractors comply with all of the requirements of the RRP Rule.

Lead-based paint was banned in 1978 but still remains in many homes and apartments across the country.  Lead dust hazards can occur when lead paint deteriorates or is disrupted during home renovation and remodeling activities.   Lead exposure can cause a range of health problems, from behavioral disorders and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing.

In February 2014, EPA announced enforcement actions that require 35 home renovation contractors and training providers to take additional steps to protect communities by minimizing harmful lead dust from home renovation activities, as required by the RRP Rule.  Those settlements generated a total of $274,000 in civil penalties.

Renovators that are certified under EPA’s RRP Rule are encouraged to display EPA’s “Lead-Safe” logo on worker’s uniforms, signs, websites and other material, as appropriate.   Consumers can protect themselves by looking for the logo before hiring a home renovator.

Lowe’s operates over 1,700 stores throughout the U.S., with over 120 additional stores located in Canada and Mexico.   Lowe’s Home Centers, LLC, formerly known as Lowe’s Home Centers Inc. and Lowe’s HIW Inc., is headquartered in Mooresville, N.C.

The consent decree was lodged in the U.S. District Court for the Southern District of Illinois.  Notice of the lodging of the consent decree will appear in the Federal Register allowing for a 30-day public comment period before the consent decree can be entered by the court as final judgment.

FTC PROPOSES FUEL RATING LABEL CHANGES AT FUEL PUMP

FROM:  FEDERAL TRADE COMMISSION 
FTC Proposes Changes to Fuel Rating Rule

The Federal Trade Commission is proposing changes to its Fuel Rating Rule, which determines the fuel rating that appears on fuel pump labels, how octane levels are calculated, and helps to inform consumers about proper fuel for their vehicles.

In 2009, the FTC began a review of the “Rule for Automobile Fuel Ratings, Certification, and Posting” as part of its systematic review of all current FTC rules and guides. The Commission sought comments on proposed revisions to the Rule regarding ethanol blends. In 2011, after reviewing the comments received, the agency issued final amendments governing other issues and deferred consideration of ethanol blend labeling to consider an Environmental Protection Agency decision regarding the use of certain ethanol blends in certain vehicles.

The FTC is now proposing to revise rating, certification and labeling requirements for blends of gasoline with more than 10 percent ethanol, and a new octane rating method that would lower compliance costs.

The Commission vote approving the Federal Register notice was 4-0.

ACID MANUFACTURER SETTLES NITROGEN OXIDES EMISSIONS CASE

FROM:  U.S. JUSTICE DEPARTMENT 
Wednesday, March 19, 2014
North America’s Largest Acid Manufacturer and Its Subsidiaries Agree to Slash Emissions and Reduce Air Pollution

LSB Industries Inc. (LSB), the largest merchant manufacturer of concentrated nitric acid in North America, and four of its subsidiaries have agreed to reduce harmful emissions of nitrogen oxides (NOx) by meeting emission limits that are among the lowest for the industry in the nation at plants in Alabama, Arkansas, Oklahoma and Texas, the U.S. Environmental Protection Agency (EPA) and Department of Justice announced today.

EPA estimates that the measures required by today’s settlement will reduce NOx emissions by more than 800 tons per year, directly benefitting surrounding communities, which include low-income and minority populations living near the Arkansas and Texas plants.  The companies estimate that it will cost between $6.3 and $11.7 million to implement the measures required by the settlement.

“With today’s settlement, LSB and its subsidiaries are further improving the nitric acid manufacturing process and reducing harmful air pollution across four states,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division.  “In response to the Clean Air Act and state law claims, the companies have taken a constructive and cooperative approach by agreeing to implement global operational changes and mitigate past emissions.  These actions raise the bar for compliance in this industry sector.”

“This case is about cleaner air for people living in communities near manufacturing plants,” said Cynthia Giles, Assistant Administrator of EPA’s Office of Enforcement and Compliance Assurance.  “LSB Industries has committed to dramatic cuts in air pollution and ensuring they are in compliance with the law.  We expect others in the industry to recognize the imperative to adopt reforms and reduce pollution in communities where they operate.”

LSB and its four nitric acid producing subsidiaries will also pay a total penalty of $725,000 to resolve alleged violations of the Clean Air Act and applicable Oklahoma state law.  In addition to paying the penalty, the companies must continuously monitor emissions and make any necessary operational improvements such as installing new pollution controls or upgrading current controls to meet the new NOx limits.

The settlement applies to the 10 nitric acid manufacturing plants owned or operated by the following Oklahoma City-based LSB subsidiaries: El Dorado Chemical Co., in El Dorado, Ark. (four plants); Cherokee Nitrogen Co. in Cherokee, Ala. (two plants); El Dorado Nitrogen Co. in Pryor, Okla. (three plants); and El Dorado Nitrogen Co. in Baytown, Texas (one plant).  The complaint, filed concurrently with the settlement, alleges that the Cherokee, El Dorado and Pryor subsidiaries constructed or made modifications to their plants that resulted in increased emissions of NOx without first obtaining pre-construction permits and installing pollution controls.  The complaint does not allege any violations regarding the Texas facility.

Today’s action is part of EPA’s national enforcement initiative to control harmful air pollution from the largest sources of emissions, including acid manufacturing facilities.  High concentrations of NOx in the air can irritate the lungs and lower resistance to respiratory infections such as influenza.  Continued or frequent exposure may cause increased incidence of acute respiratory illness in children.  Further, airborne NOx can significantly contribute to acid rain and lead to the formation of smog.

The companies have also agreed to spend $150,000 to remediate and reforest ten acres of land with acidified soils located near El Dorado, Ark.  NOx emissions, such as those from nitric acid plants, can contribute to soil acidification.  The project will help to minimize erosion, reduce stormwater runoff, improve habitat for wildlife and capture carbon dioxide, a greenhouse gas.

The states of Oklahoma and Alabama are co-plaintiffs in today’s settlement and will receive a portion of the total penalty as follows: $206,250 will be paid to the Oklahoma Department of Environmental Quality and $156,250 will be paid to the Alabama Department of Environmental Management.

LSB, headquartered in Oklahoma City, Okla., is a major producer of nitrogen-based fertilizers, including anhydrous ammonia, urea and ammonium nitrate.  The company owns and operates the largest fleet of concentrated nitric acid rail cars in the United States.  LSB and its subsidiaries produce nitric acid for use in products that include herbicides, metal treatment, explosives and pharmaceuticals.