UNITED STATES REACHES SETTLEMENT WITH SAFEWAY TO REDUCE EMISSIONS OF OZONE-DEPLETING SUBSTANCES NATIONWIDE

Today's post was shared by US EPA News and comes from yosemite.epa.gov

In a settlement agreement with the United States, Safeway, the nation’s second largest grocery store chain, has agreed to pay a $600,000 civil penalty and implement a corporate-wide plan to significantly reduce its emissions of ozone-depleting substances from refrigeration equipment at 659 of its stores nationwide, estimated to cost approximately $4.1 million, announced the U.S. Environmental Protection Agency (EPA) and Department of Justice today.  The settlement involves the largest number of facilities ever under the Clean Air Act’s regulations governing refrigeration equipment. The settlement resolves allegations that Safeway violated the federal CAA by failing to promptly repair leaks of HCFC-22, a hydro-chlorofluorocarbon that is a greenhouse gas and ozone-depleting substance used as a coolant in refrigerators, and failed to keep adequate records of the servicing of its refrigeration equipment. Safeway will now implement a corporate refrigerant compliance management system to comply with stratospheric ozone regulations.  In addition, Safeway will reduce its corporate-wide average leak rate from 25 percent in 2012 to 18 percent or below in 2015. The company will also reduce the aggregate refrigerant emissions at its highest-emission stores by 10 percent each year for three years. “Safeway’s new corporate...

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Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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Fukushima radiation levels spike, company says

Today's post was shared by WCBlog and comes from www.cnn.com

There's been a sharp spike in radiation levels measured in the pipes and containers holding water at the crippled Fukushima Daiichi nuclear plant in Japan. But the company in charge of cleaning it up says that only a single drop of the highly contaminated water escaped the holding tanks. Tokyo Electric Power Company said it is confident it can provide safety for workers dealing with the problem. "We will find out the cause of this issue and make proper counter measures immediately, and continue to make every effort to secure safety of workers," the company said in a statement released Sunday. TEPCO found high radiation readings at the contaminated water storage tanks and pipe Saturday. The four locations are the bottom of three tanks and a pipe connecting tanks in separate area. The highest reading as 1800 millisieverts per hour at the bottom fringe of the tank. 220 and 70 mSv were measured at the bottom of other two tanks. And TEPCO said they found a dried stain under the pipe with 230 mSv/h radiation measurement. One drop of liquid fell when a staff member pressed on insulation material around the pipe. But TEPCO said no contaminated water leak is expected as there were no change in the water level in tanks. The enormous tanks are identical to the container that was announced last week to have leaked 300 tons of highly toxic water and sparking a hike to the threat level to "serious." TEPCO will investigate the cause and look further if there were any...

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Proposed Asbestos Legislation Called "A Subterfuge" to Alter the Civil Justice System

H.R. 982, the “Furthering Asbestos Claim Transparency (FACT) Act of 2013.


"Asbestos defendants and insurance companies, under the guise of creating increased 

“transparency,” are introducing proposed legislation in state legislatures to grant solvent asbestos  defendants new rights and advantages to be used against asbestos victims in court. Some of these  bills would also burden the asbestos trusts with unnecessary reporting requirements, slowing  their ability to pay claims, and further draining them of the resources needed to make their  already diminished payments. In general, the bills are an attempt to change the rules of the tort system to provide defendants with an advantage, using the existence of the trusts and claims of a lack of “transparency” as a subterfuge."

Elihu Inselbuch, Member, Caplin & Drysdale, Chartered, Testimony, Hearing: March 13, 2013

H.R. 982, the “Furthering Asbestos Claim Transparency (FACT) Act of 2013”

COMMITTEE ON THE JUDICIARY SUBCOMMITTEE ON REGULATORY REFORM, COMMERCIAL AND ANTITRUST LAW

Welcome, sulfur dioxide...not

Emissions from the Valero refinery in Port Arthur, Texas

( Photo by Mike Breaux) ENS

Welcome, sulfur dioxide

Hello, carbon monoxide

The air, the air

Is everywhere

HAIR, The Broadway Musical

A Federal Court of Appeals ruled against several states and state regulatory agencies, together with corporations and industrial associations, who petitioned for review of the Environmental Protection Agency’s rule entitled “Primary National Ambient Air Quality Standard for Sulfur Dioxide,” and of the subsequent denial of their petitions for reconsideration of the standard.

The petitioners contended, first, that EPA failed to follow notice-and-comment rulemaking [ 75 Fed. Reg. 35520 ] procedures, and second, that the agency arbitrarily set the maximum sulfur dioxide (SO2) concentration at a level lower than statutorily authorized. National Environmental Development v. EPA, No. 10-1252, (Cir Ct App DC) Decided July 20, 2012

See also:  Texans Sickened by 'Accidental' Gas, Oil, Chemical Emissions

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EPA Approves New Jersey’s List of Polluted Water Bodies; Sewage Pollution Continues to be a Major Problem in New Jersey

Passaic River
(c) 2012 Jon Gelman

The U.S. Environmental Protection Agency has approved the 2010 list of waters in New Jersey that are considered either impaired or threatened by pollutants. An impaired water body is one that does not meet federal water quality standards even after pollution controls have been put in place. A threatened water body is one that is expected to be impaired within two years. The list helps establish priorities for addressing threats from water pollution.

“Identifying and prioritizing the state’s most seriously polluted waters are important steps in our work to reduce water pollution,” said Judith Enck, EPA Regional Administrator. "New Jersey faces serious water quality challenges including the need to reduce pollution from combined sewer systems that allow raw sewage to flow into waterways when it rains. By upgrading old infrastructure and implementing green infrastructure strategies, New Jersey communities can improve water quality.”

The Clean Water Act requires states to assess the quality of their waters and to report their findings to the EPA every two years. The list is compiled by the New Jersey Department of Environmental Protection and is a valuable tool for reaching the Clean Water Act goal of “fishable and swimmable” waters for all of New Jersey.

The list specifically includes impaired waters for which the development of budgets for the amount of water pollution allowed is necessary. The budgets define the maximum amount of a pollutant that a water body can receive and still meet water quality standards. They are developed by states and approved by the EPA once the agency determines that the budget will allow the water body to achieve water quality standards.

The most common pollutants causing impairment in New Jersey water bodies include PCBs (8.33%), dissolved oxygen (8.19%), phosphorus (7.86%), pH (7.62%), and arsenic (6.89%). New Jersey’s 2010 list identifies 2,112 instances in which a pollutant is causing an impairment of a water body that keeps it from supporting its “designated use” for drinking water, swimming and recreation, fishing or other activities specified by the state.

The list also notes the most common sources of water pollutants, which include urban/stormwater runoff, combined sewer overflows from systems that capture both domestic sewage and stormwater, and air pollution, including acid rain. A pollutant may come from more than one source.

In 2010, new pollutants were included for waters in the basins of the Hudson River, the Passaic River, the Raritan River, the Delaware Bay, and others. The EPA will continue to work with state and local governments to ensure that impaired waters are cleaned up.

A complete list of impaired waters in New Jersey is available at:http://www.epa.gov/region02/water/waterbodies.

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Monsanto guilty of chemical poisoning in France

Consistent with an enforcement trend by the EU to reduce agricultural pesticides used by 50% between 2008-2018,  a  French court on Monday declared U.S. biotech giant Monsanto guilty of chemical poisoning of a French farmer, a judgment that could lend weight to other health claims against pesticides.


See: Thomson Reuters News & Insight
"It is a historic decision in so far as it is the first time that a (pesticide) maker is found guilty of such a poisoning," François Lafforgue, Francois's lawyer, told Reuters.

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EPA Issues Annual Report on Chemicals Released Into Land, Air and Water in New Jersey

The U.S. Environmental Protection Agency  issued its 25th annual report on the amount of toxic chemicals released in 2010 to the land, air and water by industrial facilities in New Jersey. The Toxics Release Inventory (TRI) report covers 411 New Jersey facilities that are required to report their releases to the EPA. Total releases of chemicals in New Jersey were higher in 2010 than in 2009. A significant portion of the 2009-2010 increase was due to increases in wastewater being discharged from the DuPont Chambers Works, Conoco Phillips and Paulsboro Refining Co. LLC.

“Transparency is a powerful tool,” said EPA Regional Administrator Judith A. Enck. “The Toxics Release Inventory allows the public and policymakers to better understand the pollutants released to our air, water and land each year and gives them the information they need to take action in their communities. The data that was released is a reminder of how important TRI has been in helping us create a healthier environment, and the work still needed to be done to reduce industrial pollution.”

Last year marked the 25th Anniversary of the Toxic Release Inventory. In 1986, New Jersey Senator Frank R. Lautenberg authored the legislation that established TRI, which was signed into law as part of the Emergency Planning and Community Right-to-Know Act. Since that time, TRI data has been provided to the public annually to inform the public about the chemicals present in their local environment and gauge environmental trends over time. The inventory contains the most comprehensive information about chemicals released into the environment reported annually by certain industries and federal facilities. Many of these facilities are required to install and maintain pollution controls to meet the limits on pollution set forth in their permit.

Facilities must report their toxic chemical releases by July 1 of each year. EPA made a preliminary set of data for 2010 available in July 2011, the month the reported data was collected. Nationally, over 20,000 facilities reported on approximately 650 chemicals for calendar year 2010.

EPA has improved this year’s TRI national analysis report by adding new information on risks, facility efforts to reduce pollution and details about how possible economic impacts could affect TRI data. With this report and EPA’s Web-based TRI tools, the public can access information about the disposals and releases of toxic chemicals into the air, water, and land that occur in their communities.

To view an area fact sheet, visit: http://www.epa.gov/triexplorer/statefactsheet.htm

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Nanomaterial Requires More Regulation by the EPA Inspector General Reports

EPA Report Recommends More Regulation

A recent report by the Inspector General of the US Environmental Protection Agency found that EPA does not currently have sufficient information or processes to  effectively manage the human health and environmental risks of nanomaterials. EPA has the statutory authority to regulate nanomaterials but currently lacks the environmental and human health exposure and toxicological data to do so effectively. The Agency proposed a policy under the Federal Insecticide, Fungicide, and Rodenticide Act to identify new pesticides being registered with nanoscale materials. After minimal industry participation in a voluntary data collection program, the Agency has proposed mandatory reporting rules for nanomaterials under the Federal Insecticide, Fungicide, and Rodenticide Act, and is also developing proposed rules under the Toxic Substances Control Act.

Nanomaterials are currently being used in many applications including: consumer products, health care, transportation, energy, and agriculture.

Read the EPA Report:  EPA Needs to Manage Nanomaterial Risks More Effectively

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For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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Asbestos Victims in Libby Settle Case for $43 Million

The asbestos victims in Libby, Montana, have  settled their case against the State of Montana for $43 Million. The case alleged that Montana had failed to take proper action to curb the asbestos production at the WR Grace vermiculite plant.


Asbestos is a known carcinogen causally related to asbestosis, lung cancer and mesothelioma. WR Grace manufactured asbestos containing vermiculite as an insulation product. The production process contributed to the toxic contamination of the geographical area and both the workers and the residents developed asbestos related illness on a massive scale. The US Environmental Protection Agency designated Libby, MT, as a Superfund Site for cleanup and remediation.


Additionally, the Obama health care reform legislation, extended universal medical care  (Libby Care) through Medicare to all residents of Libby who were exposed to fiber. This innovated medical insurance program can be extended to other areas designated as a national health emergency areas. Eventually all occupational disease claims in workers' compensation could be encompassed by the program.


The costs for medical benefits extended to the residents of Libby will be reimbursed through the Medical Secondary Acts as directed by The Centers for Medicare and Medicaid Services. This concept is already in place throughout the US. 


For over 4 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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Better Control Over Asbestos Contaminated Sites Required

Senator Max Baucus (MT)

The recent discovery of the spread of asbestos contamination in Libby MT, which had been declared a Public Health Emergency, is shocking. Asbestos, a known carcinogen, associated with mesothelioma, is reportedly still lingering throughout the community. 

Montana's senior U.S. Senator Max Baucus vowed to find answers regarding reports today of asbestos-contaminated bark and wood chips being sold in Libby, MT and beyond. 

"We've made tremendous strides in the effort to help Libby heal with health care and environmental cleanup. But trust is essential to Libby's ability to heal psychologically and economically. Now it appears EPA's actions may have put that trust in jeopardy, so you can bet I'll be holding EPA's feet to the fire to find out exactly what they knew, when they knew it, and whether action is needed to ensure the safety of folks in Libby and across the country who were exposed to this bark," Baucus said. "The people of Libby have already been poisoned in the name of greed and I won't allow them to be victimized again because of negligence. We need to work together to make sure safety information is complete and transparent so the community can move forward and create jobs with faith in the agencies and processes that are supposed to protect them."

Since news reports first linked widespread deaths and illness to exposure to deadly asbestos fibers at the defunct W.R Grace and Co. mine, Baucus has visited Libby more than 20 times, secured millions for healthcare and cleanup, brought numerous White House cabinet secretaries to the town, helped save the CARD clinic, and has dogged the EPA to keep cleanup efforts moving forward. 

As far back as 1999, Baucus wrote a letter to then Secretary of Health and Human Services Donna Shalala requesting immediate medical help and assistance to the area. He further lambasted the EPA's decision to not declare a Public Health Emergency, calling it an "outrage." 

In 2008, Baucus released a report detailing a 2002 attempt by the EPA to declare a Public Health Emergency in Libby that was thwarted by the previous Administration's Office of Management and Budget. And on June 17, 2009, due in large part to Baucus' efforts, the EPA declared its first ever public health emergency in Libby, Montana. 

Earlier this year Baucus was announced as the 2011 Tribute of Hope Award recipient by the Asbestos Disease Awareness Organization (ADAO) for his tireless efforts fighting on behalf of residents of Libby, Lincoln County and Asbestos victims everywhere. In March, the Senate unanimously passed Baucus' resolution to designate the first week of April 2011 as "Asbestos Awareness Week," and call attention to Libby and other victims of asbestos-related disease.

The continued spread of this contamination is yet another reason why the US must finally ban asbestos entirely. 

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EPA Urged to Shut Down Dangerous Asbestos Removal Method

The U.S. Environmental Protection Agency's Inspector General has just signed an "Early Warning Report" that will shut down a dangerous and unapproved asbestos removal method that two EPA offices have been testing for the past seven years.

The report supports what Public Justice has been arguing -- that the method both endangers public health and doesn't work.

The approved method requires all asbestos to be removed from a building by trained specialists wearing protective gear before it is demolished. Under the unapproved method, called the "Alternative Asbestos Control Method," or AACM, most of the asbestos-containing materials are left in place during demolition. Water with added surfactants is sprayed on the building to try to suppress asbestos release and contamination.

Read more about the EPA Asbestos Report:

• Fact summary of AACM by Public Justice's Jim Hecker
• EPA's Early Warning Report
• EPA's Health & Safety Reviews
• Teichman Memo
• AACM2 Photos
• AACM2 Report
• AACM2 Work
• AACM3 Report
  
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For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses. 

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US EPA Removes NJ Millington Asbestos Site from Super Fund List

The U.S. Environmental Protection Agency (EPA) has successfully completed cleanup work at the Asbestos Dump Superfund site in Long Hill Township and Harding Township, Morris County, New Jersey and has deleted the site from the National Priorities List of hazardous waste sites, commonly known as the Superfund list.

Between 1927 and 1975, under the operation of several different manufacturing companies, waste products containing asbestos were disposed of throughout the site, resulting in soil contamination. The nearby Passaic River was also threatened by runoff of contaminated surface water from the site. Currently, site properties are owned by the State of New Jersey, U.S. Fish and Wildlife Service (USFWS), and private parties. National Gypsum Company is the responsible party for the site. 

Asbestos is a known carcinogen and the known cause of asbestosis, lung cancer and mesothelioma.

Click here to read more about asbestos related disease and claims for benefits. For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com  have been representing injured workers and their families who have suffered asbestos related illnesses.

Intentional Tort Claim Against Employer Proceeds for Pesticide Spraying

A US District Court in NJ is allowing a claim of injured agricultural worker to proceed against an employer directly for an intentional tort  flowing from a pesticide spraying. 


The workers, residents of Puerto Rico, were employed on  a NJ farm harvesting produce. hey were employed to work in fields that the employer recently applied pesticides or was actually spraying the pesticides. Is was alleged that the employer failed to provide medical assistance after the workers became ill and did not provide the employee's physicians with complete with complete information on the [potential pesticide exposure that would have allowed better treatment.


The Court denied the defendant's motion for summary judgement and is allowing the case to be heard.


Montalvo v. Larchmont Farmes, Inc., Civil Action No. 06-2704 (RBK/AMD) 2010 WL 3025045 (D.N.J.) decided July 29, 2010,


Click here to read more about pesticide exposures and workers compensation.


For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com  have been representing injured workers and their families who have suffered occupational exposures,