The controversial hydraulic fracturing, or “fracking,” technique for natural gas drilling came under fire again last week as a driller from Poland, Ohio was indicted by a jury in Youngstown.  The driller, Benedict Lupo, was charged with violations of federal environmental laws that could result in a prison sentence of up to three years and a fine of up to $250,000.

Lupo, along with his company and one of its employees, were charged with crimes stemming from the alleged dumping of over 20,000 gallons of waste from a fracking site.  The toxic liquids, which included heavy metals and crude oil in salt water, also contained benzene and toluene, two hazardous substances that are part of the waste generated from hydraulic fracturing operations.

In order to drill a well for natural gas using hydraulic fracking, water and toxic solvents are pumped hundreds of tons at a time into rock deep under the ground.  The pressure of the water forces the rock to open up, which exposes pockets of natural gas that formed millions of years ago.

While fracking always generates toxic waste, the state of Ohio has designated specific injection wells for the disposal of this waste.  Using this form of disposal costs money, though, and Lupo's company is accused of choosing instead to dispose of the fracking waste into a storm drain.

Unlike sanitary sewers (the kind used for toilets), storm sewers don't lead to a treatment facility and instead dump directly into the water supply.  The Mahoning River in Youngstown is where the 20,000 gallons of solvents and salt water eventually ended up, according to the prosecution in the case.

After receiving an anonymous tip regarding illegal dumping, the Ohio Department of Natural Resources sent agents to observe the location where the dumping was supposedly occurring.  These agents allegedly saw additional dumping taking place in front of them.

Even after his federal trial is over, Benedict Lupo could be in for additional legal trouble from the state of Ohio.  The state Attorney General's office is currently investigating accusations that Lupo's company stored fracking waste improperly and transported it in potentially hazardous ways, both of which are civil infractions with fines of up to $25,000 per day.

While the trial is being conducted, Lupo's operating permits for his six fracking sites have been pulled by the state.  Fracking has come under fire from many environmental groups nationwide, which say that the risks of toxic pollutants going into the environment makes hydraulic fracturing a bad energy investment.

Source: uscourts.gov

On November 14, 2012, conservation groups filed a suit against the federal government for lifting protection of wolves in Wyoming under the Endangered Species Act.  The U.S. Fish and Wildlife Service originally handed responsibility of wolf management over to the state, even though the Kill-at-Will Wolf Policy is now allowed throughout most of the state of Wyoming. 

Conservation groups claim that wolves are only offered limited protection in areas not covered by the Kill-at-Will Wolf Policy, and they also claim that huge numbers of wolves will be killed and stop the recovery of the wolf population in Wyoming.  The group filed the lawsuit in the U.S. District Court for the District of Columbia. 

Franz Camenzind, a retired Ph.D. wildlife biologist living in Jackson Hole, stated: “Wyoming’s wolf-management plan is poor policy, weak in its protection of wolves, and based on flimsy science.  Wyoming's plan sets a very disturbing precedent for other states by abdicating management responsibility of a native wildlife species over approximately 85 percent of the state.”

A total of 49 wolves have been killed in Wyoming since the state took over management plans on October 1, 2012.  The killings were performed by state hunting exercises and by private citizens in the “predator zones.”  The number is likely higher because of unreported kills, and the number has already severely reduced the wolf population.  There were only about 328 wolves in the state before the state took over management plans. 

Wolves within the predator zones can be shot, snared or trapped, and the wolves can be pursued by helicopters, planes, ATVs, and snowmobiles.  Wolf pups are even allowed to be killed in their dens. 

The U.S. Fish and Wildlife Service has denied Wyoming the right to manage their own wolf population in the past because of strict anti-wolf laws in the state, but the state is now virtually free to do what it wants with the wolves in the predator zones.  Conservation groups and independent studies state the reintroduction of gray wolves into the northern Rockies has helped increase the region’s economy and restore ecological balance.  

Noah Greenwald, the endangered species director with the Center for Biological Diversity, stated: “Like past versions of Wyoming’s wolf plan—which were rejected by the Fish and Wildlife Service—the new plan fails to ensure the long-term survival and recovery of these unique animals. The decision to remove protections for Wyoming’s wolves failed to rely on best science. It’s a tragic political intrusion into what should be the scientifically guided management of an important endangered species.”

Source: EarthJustice

On November 8, 2012, the Massachusetts Department of Environmental Protection (Mass DEP) fined DARN Properties, LLC in Milford for violating state asbestos regulations.  The company was fined a total of $28,372.50 in connection with a renovation project in September of 2011. 

During the renovations, the Mass DEP performed an inspection to make sure any possible asbestos was removed correctly.  During the inspection, it was determined that DARN Properties, LLC removed floor tiles with asbestos and disposed of the tiles in an open-air dumpster on the property. 

Once the Mass DEP discovered the asbestos violations, it required DARN Properties to contact the Massachusetts Department of Labor Standards immediately and hire a licensed asbestos contractor to follow protocol in handling, packaging, and disposing of the asbestos tiles.  The dumpster as well as all affected areas on the property were decontaminated as well. 

The Mass DEP fined DARN Properties for these specific violations: “Failing to notify Mass DEP of a demolition/renovation operation involving asbestos-containing materials; and for the improper removal, handling, packing, labeling and storage of asbestos-containing waste materials.” 

State regulations, as well as federal regulations, require companies to notify the Mass DEP or their state’s environmental regulatory agency before the removal of the asbestos begins.  Proper removal and disposal procedures are particularly important with asbestos because the fibers can cause serious health problems. 

The company is required to pay an assessed penalty of $8,500 immediately.  The rest of the fine will be suspended ($19,872.50) if the company follows proper protocol and has no other violations for an entire year. 

Lee Dillard Adams, the director of Mass DEP’s Central Regional Office, announced: “Owners involved with building renovation work must be fully aware of their responsibilities under the regulations to ensure the proper removal, handling, packaging and disposal of asbestos-containing materials.”

He went on say, “Failure to notify Mass DEP of asbestos removal, and to follow prescribed work practices is an extremely serious, and ultimately a costly oversight that potentially exposes workers, tenants and the general public to a known carcinogen.”

If you’re a property owner or contractor and have questions about materials containing asbestos, procedures for asbestos removal, or regulations on asbestos, you should contact the Mass DEP for more information.  You can call 617-292-5500 or write:

1 Winter Street

Boston, Massachusetts 02108

Mass DEP helps enforce clean air and clean water standards, the management of solid and hazardous waste, and the preservation of wetlands and beaches. 

Source: Massachusetts Department of Environmental Protection

Following one of the worst droughts in history, several states asked the Environmental Protection Agency (EPA) to waiver the Renewable Fuels Standard (RFS)—which requires a certain amount of renewable fuel in standard fuels—in order to provide economic relief.  The EPA released its decision on November 16, 2012. 

According to the EPA, there is no evidence that “severe economic harm” has been caused by the droughts, and thus the agency has decided not to waiver the RFS.  The EPA made its decision after an economic analyses and modeling was performed by the Department of Agriculture (USDA) and the Department of Energy (DOE). 

The economic analyses looked directly as the financial harm caused by the drought to the agricultural sector and energy sector.  The EPA and USDA concluded that lifting the mandate would only reduce current prices by about one percent.  Additionally, the EPA and DOE concluded that lifting the mandate would not impact household energy costs at all. 

Gina McCarthy, the assistant administrator for the EPA Office of Air and Radiation, stated: “We recognize that this year’s drought has created hardship in some sectors of the economy, particularly for livestock producers.  But our extensive analysis makes clear that Congressional requirements for a waiver have not been met and that waiving the RFS will have little, if any, impact.” 

The Energy Policy Act of 2005 (EPAct) requires the EPA to make renewable fuel standards and make sure all fuel used for transportation contains a certain amount of renewable fuel.  The mandate can only be lifted if the EPA finds that serious economic harm is caused by the RFS.  No such evidence was found. 

The EPA reported that that it looked at the harm to state and regional economies as well as the national economy during the years of 2012 and 2103, but no evidence of severe economic harm was found. 

The recent waiver request is the second such request submitted to the EPA since the EPAct was passed in 2005.  The state of Texas asked for a waiver in 2008, but the EPA also denied the request. 

This year’s request is the first time multiple states have asked for relief.  The drought experienced in 2012 was one of the worst in history. Although the Dust Bowl drought in the 1930s and droughts during the 1950s were even worse, the drought in 2012 caused severe damage to crops and significantly increased costs for feeding and raising livestock.  Some have blamed the droughts on global warming. 

Source: Environmental Protection Agency

On November 9, 2012, the New Hampshire Department of Environmental Services declared that the last unlined landfill in the state stopped operations.  Before officially closing, the Farmington landfill made improvements to grading and drainage, and a low-permeability soil cap was put into place. 

Thomas S. Burack, the NH DES Commissioner, made note that a large percentage of landfills in the state used methods that affected the land, air, water, and human health before the Department of Environmental Services was created in 1987. 

Burack noted that before the formation of the DES, “Residents [in most towns] brought their trash to the “town dump,” where it was burned in the open or in low-tech incinerators, or dumped on the land directly.”  He went on to say that “Partially burned and unburned waste was often left uncovered, inviting vermin and posing a risk of disease transmission.”

Open burning stopped in New Hampshire by the mid-1980s, but many of the landfills remained unlined.  Most landfills would simply cover the trash with soil by the end of each day, and 108 unlined municipal landfills were still operating in 1987.  All these landfills contaminated groundwater—some more than others. 

State and federal laws encouraged New Hampshire municipalities to stop operating unlined landfills by the early 1990s, but the closing of the landfills put a large amount of financial burden on some towns because of capping, drainage, and groundwater monitoring requirements. 

In order to address the financial strain, the Unlined Municipal Landfill Closure Grant Program was passed in 1994.  Under the grant, towns became eligible for a 20 percent matching grant if they closed their unlined landfill properly.  The program was embraced more and more, and with the closing of the last unlined landfill in Farmington, the program has provided $30 million to a total of 116 towns to help close 107 unlined landfills. 

Thomas Burack praised the closing of the last unlined landfill, but he made clear that the state still faces huge challenges in solid waste management.   The state still needs to address how to reduce the overall amount of waste and how to increase recycling and composting.  Additionally, the state needs to embrace more waste-to-energy technologies, land-filling procedures, and incineration techniques.

The state of New Hampshire is responsible for roughly 1.3 million tons of solid waste each year.  It is estimated that each person is accountable for about four pounds of solid waste every year. 

Source: New Hampshire Department of Environmental Services

Investigative work by federal, state, and local agencies led to the conviction of Rodney Hailey, a man who ran a fraudulent bio-diesel company in order to collect renewable energy credits from the government.

When a Baltimore detective first heard that there were a large number of luxury cars parked outside of a single residence in Maryland, he sent someone to investigate.  The tip turned out to be real.  Maryland resident Rodney Hailey had amassed a collection including a Rolls Royce, a Lamborghini, a Ferrari, a Maserati, and multiple BMWs and Mercedes Benz.

What he found out next surprised him: Hailey had made all of his money relatively recently, from the new industry of renewable bio-diesel fuels.  Hailey's company sold RINs (Renewable Identification Numbers) to companies that were required by federal law to offset some of their emissions with renewable fuel credits.

When investigators came to the address Hailey had on file for his business, however, there was no bio-diesel processing occurring anywhere on site.  Hailey was asked where the bio diesel production facility was located.  According to Hailey, the bio-diesel fuels came from many different restaurants in the area, and was driven to the fuel procesisng plant by drivers.  However, he was unable to name any of these drivers—or, indeed, the restaurants which the company supposedly was buying used cooking oil from.

Instead of finding any bio-diesel fuel manufacturing processes, investigators found mounting evidence that Hailey had used the money only to fuel an excessively lavish lifestyle, including not only a dozen sports cars but also $80,000 worth of jewelry and a home in Maryland worth $650,000, which he paid for using checks written with company funds.

According to federal prosecutors, Hailey's scheme not only cost over $40 million to large energy producers who bought the fraudulent credits, it may also have put small manufacturers of actual bio-diesel out of business.

After being convicted of 42 total offenses, including 32 counts of money laundering, eight counts of wire fraud, and two counts of Clean Air Act violations, Hailey was ordered to spend the next 12 years and six months behind federal prison bars.  He will also be ordered to pay restitution in the amount of over $40 million.  His property, including the cars, house, and jewelry, has already been forfeited to the federal government and will be auctioned off.

Source: epa.gov

Climate changes in the Arctic have led to results that so far have been at times chaotic and unpredictable.  This February, the White House announced a five year research plan that will make it easier for scientists to understand the effects of global climate change on delicate Arctic ecosystems.

The five year plan was developed by the Obama administration in conjunction with 14 federal agencies as well as several state agencies and non-profits in the state of Alaska.  Indigenous communities were also consulted when drafting the Arctic Reseearch Plan.  

According to the administration, immediate action and planning was required because the effects of global climate change are already being felt by both people and wildlife living in the Arctic regions of the United States.  The report will examine the changes to the Arctic using several perspectives, including looking at public health consequences of recent pollution and changes to the sea ice and water levels.

For the first time in thousands of years, new Arctic passageways are opening due to a lack of sea ice.  These changes have significantly altered the way that water and ice flow in the Arctic, and may have severe impacts on local wildlife populations and the lives of indigenous people.  Indigenous people in the Arctic already have substantially lower life expectancies than other people living in the United States

One of the biggest issues being caused by the reduction in sea ice is a new lack of some types of fish that many Inuit and other indigenous people in Alaska and northern Canada depended on.  When these fish harvests become more limited, it is likely that some of these indigenous people will suffer from a lack of food or be forced to adopt a diet significantly different from their native one.

Storm patterns may also change in Alaska as a result of the new climate patterns.  The five year plan produced by the Obama administration would examine the likelihood of any of these storms hitting the United States directly or indirectly.

Using the five year plan for gathering information, the White House intends to have agencies draft predictions of what the Arctic may look like in the near and mid term future.  This will help the federal government to prepare for potential disasters as well as the more inevitable small changes that will come about as a result of global climate change in the Arctic.

Source: whitehouse.gov

On November 19, 2012, the Department of Justice and Environmental Protection Agency (EPA) announced a significant step for the cleanup of the Quanta Resources Superfund site located in Edgewater, New Jersey.  The EPA has reached an agreement with Honeywell International Inc and 23 other parties to start design work before construction for the project begins.  The agreement also requires Honeywell to handle cleanup procedures with oversight from the EPA. 

The Quanta Site cleanup is expected to allow the facility to operate again in the future, but there is a long road to recovery.  The site’s soil and ground water are currently contaminated with lead, arsenic, polycyclic aromatic hydrocarbons, and volatile organic compounds—all capable of causing serious health problems and even cancer.

Once the project’s design is completed, cleanup will begin on the site beside the Hudson River.  The cleanup will take about two to three years and cost an estimated $78 million. 

The EPA split the investigation and cleanup into two different phases—one for contaminated soil and groundwater, and the other for the river and its sediment.  The first plan was finalized by July 2010, and as required by law, the EPA addressed public comments on the proposed cleanup project for 60 days.  The second part of the cleanup was finalized today on November 19, 2012, and the EPA is currently accepting public comment. 

The site was used as a coal tar facility starting in the 1880s.  In the 1970s, the site was used as a “tank farm” for storing waste oil before reprocessing, but the site was closed down in 1981 by the state of New Jersey after polychlorinated biphenyls (PCBs) were found in the waste oil.  The waste oil, sludge, and contaminated water in the tanks were removed immediately, and the tanks were eventually taken off the site. 

Today, it is estimated there are 150,000 cubic yards of contaminated soil beneath the site.  The EPA has approved a plan to solidify areas around the soil contaminated with arsenic and oily liquid by introducing leak-proof blocks around the soil. 

The following companies have agreed to the EPA’s consent decree as well:

·  BASF Corporation

·  Beazer East Inc.

·  BFI Waste Systems of New Jersey Inc.

·  BorgWarner Inc.

·  Chemical Leaman Tank Lines Inc. (Quality Carriers)

·  Colonial Pipeline Co.

·  Consolidated Rail Corp.

·  Exxon Mobil Corp

·  Ford Motor Company

·  General Dynamics Land Systems Inc.

·  Hess Corp.

·   MillerBrewing Co.

·   NEAPCO Inc.

·   Northrup Grumman Systems Corp.

·   Petroleum Tank Cleaners Inc.

·   Rome Strip Steel Co. Inc.

·   Quanta Resources Corp.

·   Stanley Black & Decker Inc.

·   Textron Inc. 

·   United Technologies Corp.

EPA Regional Administrator Judith A. Enck explained how the Superfund program works: “The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers.  “The EPA searches for parties responsible for the contamination and holds them accountable. This agreement is an important part of that process and a step in the right direction.”

Source: Department of Justice