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Four Alaska Seafood Processors Violated Clean Water Act

Four Alaska Seafood Processors Violated Clean Water Act

 

On November 21, 2012, the Environmental Protection Agency (EPA) announced that four seafood processing vessels failed to comply with federal Clean Water Act permits.  The processors were all operating in federal waters off of the Alaska coast, and they each violated the Clean Water Act during seafood waste discharges. 

The EPA has reached a recent settlement with the following companies: Aleutian Spray Fisheries, Inc, United States Seafoods, LLC, and Ocean Peace Inc.  The EPA was able to conclude that these companies and their vessels dumped millions of pounds of seafood waste into the Bering Sea, Gulf of Alaska, and the North Pacific Ocean. 

Under the Clean Water Act, seafood processors are required to ground certain types of seafood into certain sizes before discharge into the water to allow for the greatest amount of dispersion.  Under the companies’ specific permit for remote areas of Alaska, the seafood waste had to be ground to a maximum of ½ inch. 

The vessels were processing Pacific cod, Atka mackerel, flathead sole, Pacific Ocean perch, yellowfin sole, and rock sole. 

Aleutian Spray Fisheries, Inc.

The company violated its permits between 2007 and 2011.  The EPA is requiring the company to pay a $120,000 fine after an inspection of the F/V Siberian Sea and F/V US Liberator proved the company was not keeping records of its discharges nor having its seafood waste treatment systems inspected. 

Ocean Peace, Inc.

During an inspection in December of 2010, the EPA concluded the F/T Ocean Peace was not fulfilling the 1/2 inch grind requirement.  The company also failed to take samples of the waste and failed to keep proper records showing the treatment systems were inspected.  The company violated the Clean Water Act permits from 2007 to 2010 and agreed to pay a fine of $98,000. 

United States Seafoods, LLC

The EPA inspected the F/T Ocean Alaska in September of 2011.  During the inspection, the EPA concluded the vessel failed to keep records showing the waste treatment was regularly inspected.  The violations took place between 2007 and 2010, and the company agreed to pay a $98,000 fine. 

Jeff KenKnight, EPA’s National Pollutant Discharge Elimination System Compliance Unit manager in Seattle, stated: “These permits are intended to protect Alaska's marine habitat and species.  Companies processing seafood must all play by the same rules and comply with the permit conditions.  In general, we find that seafood processing vessels are staying in compliance, but when they don’t, it can have negative consequences.”

Source: Environmental Protection Agency

Louisiana Generating to Pay $14M for Clean Air Act Violations

Louisiana Generating to Pay $14M for Clean Air Act Violations

 

On November 20, 2012, Louisiana Generating (owned by NRG Energy Inc) agreed to a settlement that will eliminate 27,300 tons of harmful emissions per year from the Big Cajun II coal-fired power plant located in New Roads, Louisiana.  The settlement requires Louisiana Generating to pay a fine of $3.5 million, spend $10.5 million on mitigation projects, and spend roughly $250 million on reducing air pollution. 

The reductions are possible with new pollution controls, conversion to natural gas, and emission caps from year to year at the Big Cajun II power plant.  The Department of Justice and Environmental Protection Agency (EPA) report emissions on sulfur dioxide (SO₂) and nitrogen oxides (NOx) will be reduced by 20,000 tons and 3,300 tons.  Most of the $250 million will go to capital costs to meet requirements in the consent decree by the end of 2015. 

Regulations under the Clean Air Act—as well as federal and state regulations—require owners of power plants to obtain permits and install emission control technology after modifications occur at the plant.  According to the Justice Department, Units 1 and 2 at the Big Cajun II plant were operating without the required permits or air pollution controls after serious modifications were made to the boiler. 

The settlement is the largest Clean Air Act settlement in Louisiana History.  It is the 24th time the United States has exercised the Power Plant Enforcement Initiative. 

Ignacia S. Moreno, the Assistant Attorney General with the Justice Department’s Environment and Natural Resources Division, stated: “The Big Cajun II Power Plant is the largest source of illegal air pollution in Louisiana.  This settlement will secure substantial reductions in harmful emissions from the plant which will have a beneficial impact on air quality for residents of Louisiana and downwind states, including low-income communities who have been historically overburdened with pollution.”

The $10.5 million for environmental mitigation projects will go to the following:

·  the installation of solar photovoltaic panels at schools and buildings owned by government or non-profits

·  the restoration of watersheds, forest, and land

·  funding for at least one charging station in South Louisiana that receives power from zero-emission, renewable energy

·  the reduction of nitrogen and phosphorus loading in the False River

·  energy efficiency projects

·  $1.5 million to the state of Louisiana for green projects

The settlement with Louisiana Generating is justifiable because the company clearly neglected federal and state requirements while releasing huge amounts of pollution into the air.  Cynthia Giles, an assistant administrator with the EPA’s Office on Enforcement and Compliance Assurance, states: “Pollution from these sources can cause severe respiratory and cardiovascular impacts, and EPA is committed to making sure that they all comply with the law.” 

Source: Department of Justice

Recent Animal Welfare Act and Horse Protection Act Violations

Recent Animal Welfare Act and Horse Protection Act Violations

 

The Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) recently announced that it took a considerable amount of actions against people who violated animal welfare regulations.  APHIS has attempted to make the violations transparent and has provided copies of court documents, official warnings, and more. 

The following administrative complaints were filed by APHIS in October for violating the Animal Welfare Act (AWA) and Horse Protection Act (HPA):

AWA Docket No. 13-0012; Willa Page

Willa Mae Page was charged with selling dogs at numerous auctions on several occasions without a USDA license—directly violating 9 C.F.R. § 2.1(a)(1).  The USDA has asked her to cease and desist immediately, pay civil penalties, and never again try to obtain a license under the Act again. 

AWA Docket No. 13-0024: David Still; Gloria Still

The respondents were charged with failing to maintain requirements for veterinary care—a direct violation of 9 C.F.R. §2.40.  The shelters for dogs were uncleanly, humid and hot, and cramped.  The dogs did not receive potable water on many occasions, and many APHIS employees were harassed when performing inspections.  The USDA is asking to suspend their licenses and have the respondents cease and desist immediately and pay civil fines. 

A USDA administrative law judge issued decisions and orders in the following case:

APHIS Case No. CA08462; Robert Conyers Customers Brokerage

Robert Conyers was cited for multiple violations in handling nonhuman primates.  He was cited for violating registration requirements, water and food requirements, ventilation requirements, and more during transportation of the primates.  Specifically, he violated 9 C.F.R § 2.25(a), 9 C.F.R § 3.86(c), 9 C.F.R §3.87(c), 9 C.F.R § 3.87(d)(2), and 9 C.F.R § 3.89(c). 

USDA administrative law judges heard multiple other cases, issued multiple decisions, and issued multiple orders in other cases well.  The selections chosen above simply reflect recent cases heard by the USDA. 

The AWA is enforced to make sure minimum requirements and treatment occurs in commercial breeding and selling, research, and transportation for exhibitions.  The Act applies to animals raised for food, and the Act specifically addresses housing, handling, sanitation, nutrition, water, veterinary care, and protection from weather and temperature. 

The HPA prohibits horses with soring to participate in shows, sales, auctions, exhibitions, or similar events.  Soring is abusive technique used to highlight the horse’s foot movement, or gait.  The USDA is allowed to conduct random investigations and enforce the AWA and HPA at any time. 

Source: United States Department of Agriculture

United Nations Says Greenhouse Gas Reductions too Slow

United Nations Says Greenhouse Gas Reductions too Slow

 

On November 21, the UN Environment Programme (UNEP) and European Climate Foundation released a report stating actions against climate change need to accelerate and grow faster than current trends if the world wants global temperatures to rise less than 2 degrees Celsius by 2100.  Current pledges by industrialized countries show that temperatures will rise 3 to 5 degrees Celsius by the end of the century if immediate action is not taken.  Such increases can increase the frequency of natural disasters, spread disease, damage crops, endanger coastal cities, and more. 

The Emissions Gap Report was released a few days before the Climate Change Conference of the Parties in Doha.  The report states that greenhouse gas emissions are 14 percent higher that they should be by 2020, and the report states that the release of carbon dioxide is actually increasing.  If no action is taken immediately, emissions of greenhouse gases will reach 58 gigatonnes (Gt) by 2020.  Assessments conclude the emissions need to be 44 Gt of less by 2020 in order to allow further reductions in the future that are reasonable in cost. 

Achin Steiner, the UN Under-Secretary General and UNEP Executive Director, stressed: “There are two realities encapsulated in this report-that bridging the gap remains do-able with existing technologies and policies.”

For one, there are actions on the national level occurring around the world to make buildings more efficient, increase standards for new vehicle emissions levels, reduce deforestation, and invest in green energies. 

Mr. Steiner provided a less optimistic reality though: “Yet the sobering fact remains that a transition to a low carbon, inclusive Green Economy is happening far too slowly and the opportunity for meeting the 44 Gt target is narrowing annually.”

Talks in Doha will have to implement swift decisions and extend the Kyoto protocol as well.  The Kyoto protocol is the only international agreement that reduces greenhouse emissions in industrialized countries, but the protocol expires at the end of this year. 

According to the report, the following cuts are needed to reach emissions goals by 2020.  1.5 to 4.6 Gt of CO2 equivalent emissions need cut by improved energy efficiency; 1.1 to 4.3 Gt need cut in agriculture; 1.3 to 4.2 Gt need cut in forestry; 2.2 to 3.9 Gt need cut in the power sector; 1.4 to 2.9 Gt need cut with efficient buildings, 1.7 to 2.5 Gt need cut in shipping in aviation; and 0.8 Gt need cut in the waste sector. 

Christiana Figueres, the Executive Secretary of the UN Framework Convention on Climate Change, stated: “This report is a reminder that time is running out, but that the technical means and the policy tools to allow the world to stay below a maximum 2 degrees Celsius are still available to governments and societies.”

Source: United Nations Environment Programme

United States and Mexico Sign Historic CO River Delta Agreement

United States and Mexico Sign Historic CO River Delta Agreement

 

On November 20, 2012, United States and Mexican commissioners that control water crossing at the border signed an amendment to the 1944 treaty that controls water entering Mexico from the Colorado River.  The amendment, called Minute 319, will make water continually flow in the Colorado River channel between Baja California and Arizona.  The river channel is usually dry, but the agreement marks the first time water is ever guaranteed in the area. 

“We’ve been working for more than 15 years to get water back in the river; this remarkable achievement is a huge step forward for the embattled Colorado River delta,” said Michael Cohen, the senior associate at the Pacific Institute.  “It is a long overdue end to the incredibly destructive 20th Century notion that not a drop should be left instream.”

The amendment has helped to encourage cooperation between the United States and Mexico, but more importantly, the agreement shows that both countries now recognize the environmental advantages of letting water flow continually through the section of the Colorado River.  The agreement will help to balance agricultural and city needs for water and the health of the delta environment. 

According to the Pacific Institute, all of the Colorado River’s flow is diverted—except during years with above-average rainfall—before it reaches the mouth at the Upper Gulf of California, or Sea of Cortez.  The diversion has immensely damaged the river’s delta and left the channel dry about 90 percent of the time.  The delta still ranks as one of the largest and most important desert wetlands in North America, and the new agreement hopes to slow degradation of the delta in years to come.  

Ed Glenn, Professor of Biology at the University of Arizona, states: “The delivery of water back to the delta will be a great help to the dying willows and cottonwoods and the birds that depend on them.”  Glenn’s research during the early 1990s helped bring awareness to the condition of the delta. 

Cohen continued to say, “We have been researching and advocating solutions to revive the river and delta, knowing we must protect these precious places and use the water we take more efficiently, or the river and delta will suffer irreparable harm.  This historic agreement is critical to the eventual preservation and rehabilitation of Colorado River delta.”

The Pacific Institute is a nonprofit research organization that addresses the world’s water conditions.  The Institutes operates out of Oakland, California and Boulder, Colorado. 

Source: Pacific Institute

Organic Dairy Farms Help Farmers and Local Economies

Organic Dairy Farms Help Farmers and Local Economies

 

According to a recent study by the Union of Concerned Scientists (UCS), organic dairy farms provide more jobs and economic opportunity in rural communities than standard dairy farms.  The study, called “Cream of the Crop: The Economic Benefits of Organic Dairy Farms,” measured the economic value of organic milk. 

The report looked at financial data from two major states in milk production, Vermont and Minnesota.  From 2008 to 2011, Vermont had a total of 180 organic farms that added about $76 million to the state’s economy and supported about 1,009 jobs.  Minnesota had a total of 114 organic farms that added $78 million to the state’s economy and support about 660 jobs. 

The demand for organic milk has greatly increased in the last 10 years for several reasons.  Mainly, consumers are more aware of the nutritional benefits of organic milk over milk produced in crowded and polluted confined animal feeding operations (CAFOs).  Organic dairy farming is currently a $750 million industry, and sales increased by 12 percent and 10 percent in 2010 and 2011. 

Programs under the U.S. Department of Agriculture (UDSA) and subsidies still favor large CAFOs though.  Jeffrey O’Hara, author of the report and agricultural economist for the UCS’s Food and Environment Program, stated: “Over the past 30 years, dairy farmers have had a choice: either get big or get out. Dairy farmers either had to expand dramatically and become large industrial operations or they went out of business.”

The current Farm Bill provides little support to organic dairy farmer, but the UCS provides several recommendations to legislators now that the elections are over. 

For one, the USDA needs to revise milk marketing orders that have not been revised since the 1930s.  The orders set the minimum prices that dairy processors need to pay farmers, and the old orders do not address organic milk production. 

Secondly, Congress and the USDA need to form a subsidized insurance program for organic farmers.  Current subsidized insurance only applies to standard dairies. 

Lastly, Congress needs to increase funding to organic agriculture entities.  The USDA should also form programs that support development in regional areas, especially rural development grants. 

O’Hara commented, “More and more consumers across the country are choosing organic milk, but Washington hasn’t gotten the message.  Investing in organic dairy production would pay off in multiple ways by keeping small farm businesses afloat, promoting local economic growth, reducing farm pollution, and meeting growing consumer demand.” 

Source: Union of Concerned Scientists

ME and NH Residents Receive Green Communications Option

ME and NH Residents Receive Green Communications Option

 

On November 16, 2012, the Department of Energy (DOE) praised the collaborative efforts of FairPoint Communications Inc and Crius Energy LLC.  The two companies entered a marketing agreement to provide Maine and New Hampshire consumers with a green telecom option.  FairPoint Energy, LLC, the licensed name by FairPoint Communications and the subsidiary of Crius Energy, now provides green retail energy services and other packages like green cable, internet, and phone options. 

The marketing agreement is a shining example of the energy and communications sectors coming together to provide services that standard energy and communications companies simply cannot provide. 

The shift to alternative fuels and growing consumer awareness about green energy will likely generate similar marketing agreements and partnerships in the future. 

Michael Fallquist, the chief executive officer for Crius Energy, said: “The launch of an energy solution is a natural progression in expanding FairPoint Communications’ suite of excellent products and services and will provide great economical and renewable energy options to its customers.”

Eligible Maine and New Hampshire residents currently receive electricity from Central Maine Power Company, Bangor Hydro Electric Company, or Public Service Company.  Consumers have the option to receive energy from wind turbines. 

Tony Tomae, the executive vice president and chief revenue officer for FairPoint Commuications, stated: “Enrollment is simple and seamless, allowing customers to sign up through the FairPoint call centers, easily selecting an alternative energy supplier while staying with their current utility company for distribution.”

About the Companies

FairPoint Communications provides broadband internet, telephone, television, and other data and voice services throughout communities in 18 states.  The company offers service for residential, business, and wholesale needs, and the bandwidth provided by the fiber network allows for cloud-based applications. 

Crius Energy is a network of energy companies in the following 10 states: Connecticut, Illinois, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Ohio and Pennsylvania.  They serve thousands of customers in the residential and business market. 

FairPoint Energy is not affiliated with FairPoint Communications or subsidies because the name was licensed to Crius.  The subsidiary of Crius provides 100 percent green energy to consumers in Maine and New Hampshire.  The landmark license agreement between the two companies provided customers in the northern part of New England with the first retail energy options.  The registration is still pending, but FairPoint Communications will market the service as FairPointEnergySM. 

Source: Department of Energy and FairPoint Communications

Nutrient Standards Adopted for Major Estuaries in Florida

Nutrient Standards Adopted for Major Estuaries in Florida

 

On November 13, 2012, the Florida Environmental Regulation Commission (ERC) approved new nutrient standards for the six major Panhandle estuaries.  The new standards now apply to 72 percent of all state estuaries, including 4,290 coastal miles. 

The new standards apply to the following areas: Perdido Bay, Pensacola Bay (and Escambia Bay), Choctawhatchee Bay, St. Andrew Bay, St. Joseph Bay and Apalachicola Bay.  The new nutrient standards apply to total phosphorus, total nitrogen, and chlorophyll.  The Florida Department of Environmental Protection (FDEP) was required to form new criteria by June 30, 2013, but they were able to establish new criteria and have the standards approved by the ERC ahead of time. 

At the moment, Florida observes nutrient standards under Chapter 62-302.530 of the Florida Administrative Code (FAC).  The chapter states: “in no case shall nutrient concentrations of body of water be altered so as to cause an imbalance in natural populations of flora or fauna.”  The chapter also states: “the discharge of nutrients shall continue to be limited as needed to prevent violations of other standards contained in this chapter.”

The chapters under FAC seem ambiguous because nutrients and nutrient enrichments are not like other pollutants under the Clean Water Act (CWA).  Other pollutants must fall below specific thresholds and concentrations because of known effects to health, but nutrients occur naturally in marine systems.  The problem was finding an appropriate level of nutrients to discourage over-concentration, and the new numeric nutrient criteria attempts to eliminate the ambiguity. 

Drew Bartlett, the Director of the Department’s Division of Environmental Assessment and Restoration, stated: “Floridians depend on healthy water resources for their livelihoods and everyday enjoyment. We have demonstrated once again, through cutting-edge science and aggressive action, that the Department meets its responsibilities to protect those resources ahead of its own and EPA’s schedules.  We are gratified by the ERC’s action.” 

An overabundance of nutrients in the water can result in a bad taste or bad odor.  Additionally, abundant levels of one nutrient over another can cause algal blooms and large blooms of invasive aquatic weeds that can choke out other natural flora and fauna in certain areas. 

The original DRAFT Numeric Nutrient Criteria Development Plan was submitted to EPA Region IV in May of 2002.  The plan was mutually accepted, and there have been several revisions throughout the last 10 years.  In order to established nutrient levels for waters, the state of Florida receives recommendations from the Technical Advisory Committee (TAC). 

Source: Florida Department of Environmental Protection

Route 66 State Park Safe for Works and Visitors

Route 66 State Park Safe for Works and Visitors

 

On November 19, 2012, Region 7 of the Environmental Protection Agency (EPA) reported that soil sampling data on Route 66 State Park in Eureka, Missouri, proves the park is not hazardous to workers or the public.  The soil sampling tested for dioxin. 

Starting in the 1980s, the federal government set a goal to reduce industrial dioxin levels from emissions.  More and more sites contaminated with dioxin underwent cleanups because technology could better detect the true level of dioxins and scientific information showed the dangers of the chemicals. 

During the testing, the EPA only found dioxin soil levels of 640 ppt (parts per trillion) in the Route 66 State Park.  Areas such as trails, shelters, picnic areas, playgrounds, dog parks, utility installation areas, and more were tested.  The level is considered safe to all visitors and maintenance, operational, and landscaping workers. 

The area was originally contaminated with high levels of dioxin during the early 1970s when waste oil was sprayed on streets to controls levels of dust.  The spray contained high levels of dioxin, and much of the spraying occurred around the Times Beach area. 

During the 1990s, Times Beach underwent a series of cleanups by the EPA and the Missouri Department of Natural Resources (MDNR).  Some areas of the soil had dioxin contamination levels of 1,000 ppt, and these areas were excavated and backfilled with clean soil.  After the cleanup, the State of Missouri formed Route 66 State Park in 1999. 

Dioxins cover a large category of chemicals that are produced from the burning or processing of chemicals. 

EPA Region 7 Administrator Karl Brooks stated: “This is good news for the thousands of people who visit Route 66 State Park each year, and good news for the state employees and others who earn their living there.  It confirms that the work EPA and MDNR did in the 1990s to clean up this site continues to provide a safe recreational area for the public.”

The new wave of testing for dioxin this June in 2012 used more advanced techniques and allowed investigators to detect smaller amounts of dioxin than before.  The EPA approved a new set of dioxin toxicity standards in February 2012, and the testing in June used the newest standards. 

Brooks explained some of the new standards: “EPA Region 7’s risk assessors carefully analyzed the results from all of these samples and applied the new science.  EPA considered multiple factors, including the frequency and duration of an individual’s time spent at the park, to make these calculations.”

The newest standards established by the EPA make it possible for an area previously considered decontaminated to undergo newer cleanup procedures because trace amounts of the pollutant are found with new technology. 

Source: Environmental Protection Agency

Wetlands Violations in Chesapeake Bay Watershed

Wetlands Violations in Chesapeake Bay Watershed

On September 28, 2012, the US Environmental Protection Agency stated that Frederick W. Hertrich, III and Charles Ernesto, Hertrich’s project manager, were ordered to pay a $100,000 fine jointly after violating the Clean Water Act.  The violation occurred in Federalsburg, Maryland in Caroline County.  

 
According to the EPA, the two men were fined after they developed a horse farm on a 183-acre piece of wetlands.  About 56 acres of the wetland were affected by the pastureland.  The wetlands were located near a tributary of the Marshyhope Creek called the Houston Branch, which is located in the Chesapeake Bay Watershed.  
 
Restoration of the affected wetlands was completed in 2011.  The defendants were responsible for planting more than 11,000 seedlings and refilling a drainage ditch.  The ditch was about 10 feet wide and ran into the tributary of the Marshyhope Creek, but the ditch is now plugged and replanted.  
 
According to the EPA and Section 404 of the Clean Water Act, a permit is required from the U.S. Army Corps of Engineers if a landowner wants to discharge pollutants into an area of wetlands.  The two men never received such a permit.  Thus, on top of the restoration efforts and fine, the two men also need to place a deed restriction on about 80 acres of the land that will protect the wetlands in the future.  
 
The EPA noted the importance of this case because of the value of the Chesapeake Bay.  The Bay is the largest estuary in the United States, and water quality in the Bay depends largely on natural wetlands.  The wetlands provide natural filtration before it enters into the watershed.  
 
EPA Regional Administrator Shawn M. Garvin stated, “Wetlands play a powerful role in our environment.  This case sends a clear message that regulatory agencies will take the steps necessary to secure compliance with wetlands regulations and remedy the harm caused by illegal activity.”
 
Source: Environmental Protection Agency
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