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Environmental Compliance Alert, Issue No. 655 – August 2, 2021

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August 2, 2021 Who’s getting nailed for WHAT’S INSIDE ‘greenwashing’ the public? n False claims lead to egg on face for companies 2 Sharpen Your Judgment Is firm’s water permit at risk ike any environmental pro, (Poland Spring and Deer Park) and if citizens’ group sues? Lyou want to tout your facility’s Niagara Bottling. sustainability bona fides. At least 28% of their bottle content 3 Who Got Fined & Why Whether it’s an electric vehicle (made with PET or No. 1 plastic) is Pesticide scam artist escapes program ... or a switch from a toxic “unrecyclable due to contamination prison but not big fines chemical ... or finding new ways to and processing loss,” while the labels re-use waste ... these are the kinds are made from biaxially-oriented of initiatives your customers and the polypropylene (No. 5 plastic), which 4 Air Quality general public want to hear about. isn’t recyclable. Early look at Risk Management Just be careful how your sales Plan changes to come and marketing pros toot their horns! Federal ‘Green Guides’ a must-read Claims of being “green” or “100% The Sierra Club’s suing the firms 5 Water & Waste News recyclable” can backfire – badly. for misleading consumers under Groundwater lawsuits are California’s Environmental Marketing facing the Maui test ‘65% or thereabouts’ recyclable? Claims Act. Case in point: The Sierra Club is Companies that manufacture 6 Enviro Regs Update suing three beverage manufacturers and sell in any state can be that label their plastic bottles as 100% fined – and suffer bad publicity Paper hazardous waste recyclable – Coca-Cola (bottler of manifests being phased out Dasani water), BlueTriton Brands (Please see Who’s … on Page 2) FRACKING 8 Update on Federal Rules PFAS chemicals reportable to Fed freeze on oil & gas drilling takes hit in court Chemical Data Exchange n OIL STATES PUSHING HARD TO Texas, Utah and West Virginia. SAFETY NEWS ALERT REVERSE FRACKING MORATORIUM Justice Department attorneys are sure to appeal, so this isn’t the end of il & gas producers won the first the legal battle. We’ll keep you up to Environmental Compliance Alert Oround against the White House date on appeals. keeps industry pros up to date to overturn the drilling moratorium on on the latest EPA rules, why federal lands. Keystone Pipeline officially done companies are being fined, and Judge Terry Doughty of the In related news: TC Energy, the the latest trends at the federal U.S. District Court for the Western developer of the Keystone XL Pipeline, and state level. Read what District of Louisiana ruled the Biden announced it’s throwing in the towel environmental pros depend on administration can’t block oil & on the project. to prevent pollution and stay gas leases on public lands without Biden pulled Keystone’s permit on in compliance. Environmental Congressional approval. his first day in office. Various states Compliance Alert’s editor is State of Louisiana v. Biden is are suing to get the Keystone project joined by Alabama, Alaska, Arkansas, Scott Ball (email: sball@ back on track. SafetyNewsAlert.com). Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, CO V I D - 1 9 HARPEN YOUR S JUDGMENT ENVIRO HEALTH & SAFETY This feature provides a framework for decision making that helps keep you and Guide: Ease workers’ air quality concerns your company out of trouble. It describes a recent legal conflict and lets you judge ndoor air quality (IAQ) is a hot yet predictive, maintenance plan to the outcome. Iconcern for businesses as more stay on top of IAQ issues. You’ll and more employees return to the n IS WATER PERMIT AT RISK IF workplace post-COVID. CITIZENS’ GROUP SUES? Environmental health and safety Make IAQ pros may be called on to offer their “I’m not ignoring your advice and assist on plans. concerns,” sighed Buck Flanagan, data available environmental director. “My Keep these points in mind, courtesy company’s not ignoring you either, of energy efficiency experts WellStat: avoid unnecessary upgrades, IAQ Margaret. We just don’t agree that testing and balancing costs over the our storm or wastewater will harm 5 crucial steps long run. drinking water, as you say it does.” • Ensure outside air is safe. Intakes • Make IAQ data available to tenants “We have data to back it up,” located near equipment or motor and building users. People will feel replied Margaret Farley, the leader vehicles can draw in pollutants like safer if they know what’s being done of a citizens’ group that sued particulate matter. Your facility to boost IAQ. companies like Buck’s all the time. department or site vendor may • Set sustainability goals and aim to “If you increase production like not be aware of a problem. Some you plan to, it’ll lead to a major facilities are putting air quality meet building certification standards such as LEED. increase in nitrates,” said Margaret. sensors outside to monitor if safe “The nitrate levels in ground and air is coming in via intakes. Info: tinyurl.com/ surface water in this area are • Establish IAQ monitoring practices, wellstatiaqguide655 already too high. including benchmarks, prioritization “We’re making a simple request of problems, system performance to cut back on production here, and building user feedback Who’s … at least for the time being,” (asthmatics and allergy sufferers (continued from Page 1) said Margaret. may alert you to a dust or odor problem before others do). – for violating the Federal Trade Commission’s Green Guides, which Company says permit’s in order • Implement a preventive, or better provide clearcut definitions and “Like I said, we don’t see it being parameters for marketing products as a problem,” said Buck. “Neither “biodegradable” or “carbon-free.” does the state. They’re ready to issue NVIRONMENTAL It pays to double check the Green a permit any day.” COMPLIANCE E TM Guides closely when rolling out a “That would be a mistake for product or advertising your services: your neighbors and the state if that EDITOR-IN-CHIEF: SCOTT BALL FTC fines can be steep, especially for happens,” said Margaret. [email protected] companies that lack the deep pockets “You have our petition. A lot MANAGING EDITOR: FRED HOSIER of a Coca-Cola. PRODUCTION EDITOR: P.J. FRONZEO of signatures on there. We’re not EDITORIAL DIRECTOR: CURT BROWN For example, a Florida-based going away!” said Margaret. beauty product and skin care maker Environmental Compliance Alert (ISSN 1069-0131), “Take it up with the state,” said paid a $1.76 million fine for falsely August 2, 2021, Vol. 29 No. 655, is published Buck. “The water office seems to semi-monthly, except once in December (23 times labeling their products as “100% think our plan is up to snuff.” a year). organic” and “certified organic.” The state issued the company This publication is designed to provide accurate and Fossil fuel producers may be a permit. Margaret’s group sued authoritative information in regard to the subject matter the FTC’s next target. The agency covered. It is sold with the understanding that the to have the permit changed, which is investigating Chevron for publisher is not engaged in rendering legal, accounting, put the company’s plans in limbo. or other professional services. If legal or other expert misrepresenting its production of assistance is required, the services of a competent Who won this battle? professional should be sought. — From a declaration renewable fuels and carbon footprint of principles jointly adopted by a committee of the in print (see ECA 5/17/21, Page 8 for American Bar Association and a committee of publishers. more info). Copyright © 2021 Safety | News Alert. Please respect Info: ftc.gov/news-events/ our copyright: Reproduction of this material is n Make your decision, then please turn prohibited without prior permission. media-resources/truth-advertising/ to Page 6 for the court’s ruling. All rights reserved in all countries. green-guides XSAFETYNEWSALERT.COMX 2 August 2, 2021 W HO G OT F in E D – A nd W HY Where other companies are stumbling over compliance or more fines, visit: www. Creek, a tributary of the Boise River • failing to properly monitor lime F EnvironmentalComplianceAlert. • minimize turbid discharges of injection at the dryer baghouse. com/category/who-got-fined-why stormwater pollutants Note: The company’s consent decree • maintain an adequate Stormwater requires it to: Pesticide scammer escapes Pollution Prevention Plan • install a new baghouse which will jail time but not big fines • install and maintain Best control all emissions from the Individual/Company: Samir Haj, Management Practices, such as furnace including the hearth owner of EcoShield, San Diego, erosion and sediment control • upgrade the dryer baghouse California. measures, and • install new capture hoods and make Business: Pesticide distributor and • conduct inspections. additional improvements to the importer. Note: The next Construction General dryer closed vent system Penalty: Five years probation and Permit for stormwater includes • increase emissions monitoring, and $556,443 fine (total). new requirements for site owners • make improvements to its Reasons for penalty: Haj imported and operators (see top of Page 5 operations, maintenance and and sold an unregistered pesticide in last issue or search under the monitoring plan. product from Japan which he Stormwater tab at our website for more info). marketed as a killer of airborne Fuel tank leak went viruses such as COVID-19, undetected: $150K ticket called EcoAirDoctor. He also Lead paint safety sting underreported how much he paid nails eight contractors Companies: Hawaii Fueling Facilities for the products to the U.S. Customs and Signature Flight Support, Sand and Border Protection. The product, Companies: Eight residential firms Island, Honolulu, HI.
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