Two companies—Northeast Housing, LLC, and Balfour Beatty Military Housing Management, LLC—face fines of more than $150,000 from the US Environmental Protection Agency for violating federal lead paint disclosure laws at two Navy bases in New England.

The EPA's complaint asserts that the two companies failed on multiple occasions over several years to notify prospective tenants, including families with young children, about potential lead paint hazards in housing managed by the firms at the Portsmouth Naval Shipyard in Kittery, Maine, and the Naval Submarine Base New London in Groton, Connecticut.

For the alleged violations of the Lead Based Paint Disclosure Rule, the companies face a possible fine of $153,070. According to the EPA's complaint, the two companies failed to comply with the Disclosure Rule when they entered into 13 contracts to lease target housing for military personnel from 2007 to 2010 at the Portsmouth Naval Shipyard and the US Naval Submarine Base.

Specifically, the companies failed to provide available records and reports regarding lead-based paint and/or lead-based paint hazards to 13 lessees (10 lessees at Portsmouth and three lessees at the Connecticut base). Of the lessees, nine were families with children, including seven families with children under the age of six.

Approximately 25 target housing units are located at Portsmouth Naval Shipyard, where housing was built in the 1800s and early 1900s. The Naval Submarine Base in Groton contains 735 target housing units, which were built in the early 1960s.

According to the EPA, Lead Disclosure Rule is designed to provide residential renters and purchasers of pre-1978 housing with enough information about lead-based paint in general and known lead-based paint hazards in specific housing, so that they can make informed decisions about whether to lease or purchase the housing.

The Department of Energy, in partnership with the White House and the Department of Homeland Security, recently released an initiative to help protect the nation's electrical grid from cyber attacks.

The initiative, known as the “Electric Sector Cybersecurity Risk Management Maturity” project, will use the expertise of private industry and public sector experts to build on existing cybersecurity measures and strategies. The DOE stated that the goal of the project is to create a more comprehensive and consistent approach to protecting the nation's energy delivery system.

As part of the new project, a “maturity model” will be developed that will allow utility companies and grid operators to measure their current capabilities and analyze gaps in their cyber defenses. According to the DOE, maturity models rely on best practices to identify an organization's strengths and weaknesses.

The initiative was launched with a meeting that included officials from the DOE, the White House, DHS, and more than two dozen senior leaders from across the electric sector. A series of workshops with the private sector will be hosted by the DOE over the next several months to draft a maturity model that can be used throughout the electric sector.

A pilot program to test the maturity model, assess its effectiveness and validate results is expected to include more than a dozen electric utilities and grid operators. The risk management maturity model resulting from this pilot program should be available to the electric sector later this summer, the DOE said.

“This initiative is another important step forward in improving the security of the Nation's energy infrastructure and ensuring that the country's electrical systems remain secure, reliable and resilient,” said US Energy Secretary Steven Chu. “Establishing a comprehensive cybersecurity approach will give utility companies and grid operators another important tool to improve the grid's ability to respond to cybersecurity risks.”

Must Pay an Additional $500,000 for Restoration

Contractor Thomas Staben, owner of TA Staben, Inc. was fined $225,000 for illegally dumping 40,000 cubic yards of imported material into Calleguas Creek.

In 2005-2006, Staben dumped material into several areas of Calleguas Creek without the required Clean Water Act (CWA) permit, blatantly ignoring warnings from the US Army Corps of Engineers to cease. The Environmental Protection Agency reiterates that “Section 404 of the CWA requires anyone who proposes to fill and alter protected waterways, including wetlands, with dredged or fill material to first obtain permit authorization from the US Army Corps of Engineers.”

In addition to the $225,000 fine, Staben has also been ordered to pay at least $500,000 to restore and mitigate damage resulting from his activities, which includes removing the illegal fill from Calleguas Creek, creating two acres of vegetated embankment, and paying $150,000 into the Ventura River Watershed Habitat Restoration Fund.

[NOTE: The aerial photographs at the right represent before and after shots of the area Staben used as a dump site.]

Staben has a history of non-compliance. On other occasions, dating back to 1989, Staben was cited for unpermitted activities in Calleguas Creek as well as the Ventura River.

The EPA reports that Calleguas Creek is the main freshwater source for Mugu Lagoon Estuary, one of the largest coastal wetlands in Southern California, where a variety of endangered species dwell. Jared Blumenfeld, Regional Administrator for the Pacific Southwest states, “Restoring Calleguas Creek is a win for the environment and for the local community. Today’s settlement signals EPA’s commitment to protect coastal California’s watersheds, and sends a strong message to those who would despoil them.”

Toxics Released by Industry Up 16 Percent from 2009

On January 5, 2012, the US EPA released its 2010 Toxics Release Inventory (TRI) National Analysis, its annual report displaying the agency's interpretation of the most recent TRI data, which outlines national and local trends in toxic chemical disposal into the environment. The report provides the American public with vital information about toxic materials in their communities.

Now in its 25th year, the TRI program helps citizens, emergency planners, public health officials, and others protect human health and the environment by providing them with toxic chemical release and other waste management data. The information can be used in decision-making processes that affect public safety and welfare.

Facilities must report their toxic chemical releases to the EPA by July 1st of each year under the federal Emergency Planning and Community Right-to-Know Act. The Pollution Prevention Act of 1990 also requires information on waste management activities related to TRI chemicals.

The report indicates that in 2010, TRI facilities generated more than 21.82 billion pounds of toxic chemicals in production-related wastes. Of this total, nearly 17.85 billiion pounds were recycled, burned for energy recovery, or treated; the remaining 3.97 billion pounds were disposed of or otherwise released into the environment.

The data reflects on- and off-site or other releases into land, air or water, or releases injected underground. For 2010, the total releases of TRI chemicals into the environment are higher than the previous two years, but are lower than 2007 and prior-year totals. The 3.93¹ billion pounds of toxic chemicals released nationwide represents a 16% increase from 2009.

• Total air releases decreased 6%,
• Releases into surface water increased 9%, and
• Releases onto or into land increased 28% since 2009.

Most of the releases (41%) came from the Metal Mining sector, and is reflective of changes in the industry. A small change in the chemical composition of ore being mined may lead to large changes in toxic releases. The sector contributed 1,622.6 million pounds in 2010 versus 1,271.7 million in 2009, a 27.5% increase. Since 2001, however, the Metal Mining sector decreased TRI chemical release levels by 29%, or 652 million pounds. In both years, ±98% of the disposal was onto land.

Running second was the Electric Utility sector, which contributed 18% of TRI chemical releases in 2010 up from 12% in 2009, although the actual poundage was down: 702.4 million pounds in 2010 versus 801.6 million in 2009. In 2010, 88% was released into the air and land versus 91% in 2009.

In all, 7 of the 26 industry sectors originated 92% of all disposal or other releases of TRI chemicals.

Sector	2009	2010
Metal Mining	34%	41%
Electric Utilities	24%	18%
Chemicals	12%	13%
Primary Metals	9%	9%
Paper	5%	4%
Food/Beverages/Tobacco	4%	4%
Hazardous Waste Management	3%	3%
All Others	9%	8%

The EPA has made improvements to this year’s TRI report by adding new information on facility efforts to reduce pollution and by considering whether economic factors could have affected the TRI data. With this report and EPA’s Web-based TRI tools, the public has access to information about toxic chemical releases that occur locally.

¹Note that the two metrics related to disposal or other releases are different, i.e. 3.97 and 3.93. One key source of the difference is that adjustments are made to the aggregated quantities to ensure that transfers of TRI chemicals sent off site to other TRI facilities are not counted twice.

Dr. David Weissman, Director of the Respiratory Disease Studies Division for the National Institute for Occupational Safety and Health (NIOSH), and Max Kiefer, Director of the NIOSH Western States Office, have recommended protection for workers who may be exposed to erionite, a naturally occurring mineral found in volcanic ash altered by weathering and ground water.

In its fibrous form, erionite can be problematic when it is disturbed and becomes airborne. Erionite fibers pose an inhalation hazard, which research has shown to be 100 to 800 times more lethal than asbestos.

Residents of Cappadocian villages in Turkey use erionite-containing rock to construct homes. The inhabitants have been found to have a very high risk of developing malignant mesothelioma. Erionite is also quite prevalent in the sedimentary rocks of the Western United States.

Until recently, erionite was not considered a hazard in North America, because little risk for exposure was foreseen; however, evidence linking exposure to erionite with serious adverse health effects suggests that some workers have a greater potential for exposure than previously recognized.

The first North American case of erionite-related lung disease was observed in 1981. The victim was a Utah construction worker who lived in an area rich in zeolite deposits. He had extensive parenchymal and pleural fibrosis, and a lung biopsy revealed the presence of fibrous and nonfibrous particles that had compositions consistent with erionite.

Erionite-related disease has most often been reported in road construction and maintenance workers who have occupational exposures to erionite-containing gravel used in road surfacing.

Erionite has been designated a known human carcinogen and the US Geological Survey found that erionite fibers from Turkey, North Dakota, and Oregon were chemically and morphologically similar.

Precautions to protect workers by limiting the generation and inhalation of erionite-contaminated dust should be in place, yet there are neither regulatory or consensus standards, nor occupational exposure limits for airborne erionite fibers. The 14 steps recommended by NIOSH below are nonobligatory, but represent a sensible preliminary step in addressing the hazards of erionite exposure.

A good approach to protecting workers would be to utilize the precautions described in OSHA's guidance for working with asbestos (29 CFR 1910.1001). Weissman and Kiefer have also made the following risk-reduction recommendations in an attempt to limit exposure to gravel or soil that may contain erionite:

1. Train workers about the hazards of erionite and control methods for reducing exposure.
2. Know where erionite containing material may be encountered prior to beginning work.
3. Avoid the use of erionite containing aggregate whenever possible.
4. Use wet methods to reduce dust generation for road and other work where erionite is present; use machinery with dust collection systems.
5. Limit the number of workers who will be engaged in work with erionite.
6. Establish decontamination protocols including changes of clothing, showering before leaving the worksite, and appropriate cleaning and disposal of personal protective equipment.
7. Ensure that work clothing is not washed at home to prevent erionite fibers from being brought home on clothes and footwear.
8. Prohibit dry sweeping, the use of leaf blowers or compressed air for cleaning.
9. Protect employees with personal protective equipment, including respiratory protection.
10. Prohibit eating, drinking, or smoking in dusty work areas where erionite fibers may be airborne. Workers should move away from the work area for breaks and wash their hands and face before eating, drinking, or smoking.
11. Establish protocols for vehicle use on erionite-containing roads (drive slowly, vents closed, windows up).
12. Wet-wash equipment and vehicle exteriors, and wet-clean using High Efficiency Particulate Air (HEPA) filter vacuuming of vehicle interiors.
13. Follow the EPA procedures for proper disposal of waste and debris containing erionite.
14. Prevent visitors and workers from standing in work areas where erionite fibers may become airborne.

On December 21, 2011 OSHA issued a news release for their new Winter Storms Web page. The Web page explains how to recognize and address storm-related hazards: everything from dehydration to downed power lines to falls from snow-covered structures.

Read the News Release, which summarizes storm-related hazards and solutions.

Go to the Winter Storms Web page.

Faces Fines, Probation and House Arrest

On January 9, 2012, the EPA reported that the owner of a Franklin, NH foundry and his company pled guilty in US District Court for the District of New Hampshire to unlawfully storing hazardous waste.

John R. Wiehl, 64, is the president of Franklin Non-Ferrous Foundry, Inc., which manufactures a variety of metal parts for industrial applications such as aluminum pipe fittings and bronze castings. The manufacturing process also produces wastes containing hazardous or toxic concentrations of lead and cadmium.

Exposure to lead and cadmium can cause or contribute to a range of health effects, including behavioral problems, learning disabilities and kidney disease. Under the Resource Conservation and Recovery Act (RCRA), a generator cannot store hazardous waste at its facility for more than 90 days without a permit [40 CFR 262.34].

The case was investigated by the US EPA’s Criminal Investigation Division. It is being prosecuted by Assistant United States Attorney Mark S. Zuckerman.

Sordid History
During inspections at the foundry in 2005 and 2006, OSHA found exit doors locked or blocked and employees without heat protective clothing as they worked inches from cauldrons of molten metal that reached 2,300 degrees.

From 2005 to 2009, Franklin Non-Ferrous Foundry Inc. had been accused by federal investigators of 57 safety violations. Twenty-five of the violations were listed as "serious," meaning they had the potential to kill or seriously harm an employee. The violations warranted $387,000 in fines.

In March 2009, OSHA launched a six-month investigation into the foundry after a worker was found to have high levels of lead in his blood. Inside, they found potentially deadly levels of lead dust. Thick layers of powdered heavy metals covered every surface of the 17,000-square-foot facility. Wiehl and his workers ignored signs calling for breathing protection, instead blowing puffs of cigarette smoke at them. Employees were exposed to airborne concentrations of copper dust nearly six times the legal limit. Neither were workers issued protective clothing or uniforms, going home in contaminated clothing. Managers at the foundry refused to provide employees with federally-mandated protections, such as fresh air. Wiehl was fined $250,000.

Wiehl remained taciturn and contested the findings. In a November, 2009 phone interview with allBusiness.com, he opined that symptoms of lead poisoning could instead be attributed to societal changes since World War II, blaming eating habits with people consuming more preservatives and fewer vegetables. He flatly stated that there was a possibility that some people can be resistant to lead poisoning.

EPA Gets Involved; Indictment
OSHA reported the findings of their inspections to the EPA. In December 2009, EPA executed a search warrant at the foundry and discovered 55-gallon drums full of hazardous waste stored on the premises, which had been kept there since July, 2005.

In August 2010, a federal grand jury indicted Wiehl and Franklin Non-Ferrous Foundry for unlawfully accumulating and storing lead and cadmium hazardous waste at the foundry site. Neither Wiehl nor the company had been issued a permit to store hazardous waste for more than 90 days. The company was cited by EPA for similar violations in 2002 and 2005, but neither the company nor Wiehl previously faced criminal charges.

Wiehl faces a possible maximum sentence of two years in prison and a maximum fine of $250,000. Under the terms of a plea agreement filed with the court, the United States Attorney’s Office has agreed to recommend that he serve two years of probation, six months of house arrest, and that he publish a public apology. Franklin Non-Ferrous Foundry, Inc is facing a possible maximum fine of $500,000.

In one of the largest civil penalties under the Clean Water Act (CWA), the US EPA and Department of Justice announced on December 12, 2011 that Tennessee-based Wright Brothers Construction Co. and the Georgia Department of Transportation (GDOT) have agreed to pay a $1.5 million penalty and spend more than $1.3 million to offset environmental damages to resolve alleged violations.

Between 2004 and 2007, Wright Brothers Construction was hired by the GDOT to dispose of excess soil and rock left over from a northeast Georgia highway expansion. In the process, and with the approval of the GDOT, Wright Brothers buried all, or portions of, seven primary trout streams considered to be waters of the United States. These actions resulted in the unauthorized dumping of more than one million cubic yards of excess rock and soil, impacting approximately 2,800 linear feet of stream.

Burying and piping streams can destroy the aquatic habitat and threaten water quality. All of the streams that were filled are tributaries of Lake Burton and Tallulah Falls Lake. Reduced water quality may have adversely impacted downstream trout populations – a major recreational resource.

Under the settlement, Wright Brothers and GDOT must perform injunctive relief measures, including purchasing 16,920 mitigation credits at an estimated cost of $1.35 million to offset the impact to waters of the United States that cannot be restored.

At an estimated cost of $25,000, Wright Brothers and the GDOT will also restore the bed and bank of a 150-foot stream channel that was impacted from the disposal activities. When complete, the restoration activities and injunctive relief measures will mitigate the 2,800 feet of stream impacted by the CWA violations.

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

The US Department of Transportation released a final rule specifically prohibiting interstate truck and bus drivers from using hand-held cell phones while operating their vehicles.

Violators of the rule will face federal civil penalties of up to $2,750 for each offense and disqualification from operating a commercial motor vehicle for multiple offenses. Companies that permit their drivers to use hand-held cell phones while they drive will face a maximum penalty of $11,000.

The joint rule, which comes from the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA), is the latest effort by the DOT to stop distracted driving. In September 2010, the FMCSA banned text messaging while operating a commercial truck or bus. The PHMSA banned texting by intrastate hazardous materials drivers in February 2011.

According to the Department, nearly 5,474 people died and half a million were injured in crashes involving a distracted driver in 2009, with distraction-related facilities representing 16 percent of overall fatalities in 2009.

FMCSA research specifically related to distracted driving in commercial drivers reveals that commercial drivers reaching for an object, such as a cell phone, are three times more likely to be involved in a crash or other safety-critical event. Dialing a hand-held cell phone makes it six times more likely that commercial drivers will be involved in a crash or other safety-critical event, the agency said.

The Department said that many large truck and bus companies, including UPS, Covenant Transport, Wal-Mart, Peter Pan and Greyhound, already have company policies in place that prohibit their drivers from using hand-held phones.

“This final rule represents a giant leap for safety,” said FMCSA Administrator Anne S. Ferro. “It’s just too dangerous for drivers to use a hand-held cell phone while operating a commercial vehicle. Drivers must keep their eyes on the road, hands on the wheel and head in the game when operating on our roads. Lives are at stake.”

OSHA has released a dozen construction injury prevention videos on their Prevention Videos (v-Tools): Construction Hazards Web page.

Prevention topics include Falls in Construction, Sprains and Strains in Construction, Struck-by Accidents in Construction, Carbon Monoxide in Construction, and Excavations in Construction. All videos are available in English and Spanish and include close captioning. Video scripts are also available.

Most of the videos are between 2 and 4 minutes in length, and 11 of the 12 videos are animated.