Senator Richard Shelby News Release:

Feb 28 2013

Shelby Requests Red Snapper Assessments

Today, U.S. Senator Richard Shelby (R-Ala.), Ranking Republican on the Committee on Appropriations, joined U.S. Senator Marco Rubio (R-Fla.) along with senators from Mississippi, Alabama, Louisiana and North Carolina in sending a letter to the U.S. Government Accountability Office requesting a review of how the Department of Commerce conducts stock assessments in the Gulf of Mexico and South Atlantic. The stock assessments conducted by the National Marine Fisheries Service are critical in maintaining the vitality of the fisheries, the fishing communities, and related industries in Florida and the region.   

Senator Shelby made the following statement in regard to the contents of the letter:

“I have heard from many members of the Alabama Gulf Coast community who are growing increasingly concerned with the quality and accuracy of fisheries stock assessments in the Gulf region.  Stock assessments are an essential component of any regional fisheries management plan, and these assessments must reflect an accurate evaluation of the population.  I am pleased to join my Gulf State colleagues in asking GAO to examine the accuracy of this process and look forward to examining its findings.”

Senator Rand Paul News Release:

Senators McConnell and Paul Introduce Legislation Preventing Administration from Blocking Fishing Access on Cumberland River

Feb 28, 2013

Washington, D.C. - U.S. Senate Republican Leader Mitch McConnell and Senator Rand Paul joined their colleagues from Tennessee, Senators Lamar Alexander and Bob Corker, in introducing the Freedom to Fish Act today.  The legislation would prevent the U.S. Army Corps of Engineers from installing physical barriers along portions of the Cumberland River, which would block fishing access to the tailwaters of the Barkley and Wolf Creek Dams.

"I have heard from many Kentuckians, including County Judge Executives and officials at the Kentucky Division of Fish and Wildlife, who are concerned with the Corps plan to block access to areas which are popular with anglers from across the Commonwealth. They have expressed their opposition to the proposal, which they say would have a major impact on the communities near the dams and to Kentucky's economy," Sen. McConnell said. "Instead of imposing burdensome federal regulations, which this Administration believes is the solution to every problem, I believe the Corps should work with these communities on alternative proposals that ensure safety, but allow anglers access to waters they have safely fished for years."

"There is a deep love for fishing in the tailwaters of the Cumberland River, and to deny the public this recreational activity would not only disappoint thousands of fishermen across the country, but lead to detrimental impacts on the area's economy," Sen. Paul said. "Safety can be promoted in this area without completely blocking all boating below the dams, and by working together I believe we can come to a solution without imposing burdensome regulations that seek to hurt local businesses and residents."

Senators McConnell and Paul have heard from local officials who told them that one such alternative is for the Corps to focus their efforts on the rare occasions when the dam gates are open and spilling, apparently the only time when the waters themselves present an active danger.

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EPA reaches agreement over Waimanalo Gulch Landfill fire threat

EPA News Release:

For Immediate Release: February 28, 2013

Contact:          Dean Higuchi, 808-541-2711,

higuchi.dean@epa.gov                                                                                         

                                                                                                                                                                                                                

 EPA reaches agreement over Waimanalo Gulch Landfill fire threat

$1.1 million penalty for Clean Air Act violations

HONOLULU - The U.S. Environmental Protection Agency announced today a settlement with Waste Management of Hawaii, Inc. and the City and County of Honolulu over violations of air pollution laws at the Waimanalo Gulch Landfill in Kapolei, Oahu.

Waste Management, operator of the landfill, and the City, owner of the landfill, are being required to implement enhanced gas monitoring to reduce the threat of underground fires at the landfill, follow fire response procedures in the event of a fire, and pay a civil penalty of $1.1 million. Waste Management estimates it has already spent about $1.5 million to design and construct a gas collection/control system required by federal law.

“Our settlement helps reduce the risk of fire at the Waimanalo Gulch Landfill, where gases reach temperatures that are among the highest for any landfill in the nation," said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “By bringing it into compliance with the Clean Air Act, we are protecting the community and the environment from exposure to toxic landfill gas.”

The settlement resolves allegations that Waste Management and the City failed to design, construct and operate a gas collection/control system, submit notifications regarding failures to complete construction milestones, prepare a startup, shutdown and malfunction plan, and to operate controls within the gas temperature limit. In addition, gas generated by decomposing refuse, such as air toxics, organic compounds, and methane - a potent greenhouse gas - was emitted from the landfill for approximately three years from 2002 to 2005.

Federal law requires large landfills to install and operate systems to collect gases generated by decomposing refuse. Effective gas controls at a landfill reduces the release of these gases, preventing them from escaping into the atmosphere. The federal default limit for gas temperatures in landfills is   131 F, in contrast to the Waimanalo Gulch Landfill system which has recorded temperatures as high as 188 F. Poorly controlled landfill gas, especially if it is excessively hot, may result in an underground fire.

Although there is no underground combustion at the facility currently, the settlement requires the company to comply with new safe interim gas temperature limits that are higher than the default limit, perform additional special gas monitoring, and insure that all monitoring data meets the requirements of a specified data quality plan. After the interim limits expire in 2016, Waste Management may use the monitoring data to support a request for permanent temperature limits that are higher than the default limit.

The Waimanalo Gulch Landfill was also the subject of EPA enforcement orders under the Clean Water Act, after heavy rains in January 2011 flooded a section of the landfill, causing waste to be released that resulted in beach contamination and closures. EPA’s compliance orders to Waste Management required an immediate cleanup, measures to stabilize the structure after the flooding, and stormwater control projects at the landfill.

The Clean Air Act consent decree, lodged in the U.S. District Court for the District of Hawaii, is subject to a 30-day public comment period and court approval and may be viewed at www.justice.gov/enrd/Consent_Decrees.html.

For more information about CAA landfill regulations, please visit the EPA’s web site at:http://www.epa.gov/ttn/atw/landfill/landflpg.html#IMP.

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Four S.F. Bay Area Companies Receive Top Honors from EPA for Climate Work

EPA News Release:

For Immediate Release:  February 28, 2013

Contact: David Yogi, Ph: (415) 972-3350, yogi.david@epa.gov

Four S.F. Bay Area Companies Receive Top Honors from EPA for Climate Work

Wells Fargo, Cisco Systems, Intel, Sonoma County Water Agency Honored with Leadership Awards

SAN FRANCISCO – The U.S. Environmental Protection Agency's Center for Corporate Climate Leadership, the Association of Climate Change Officers, the Center for Climate and Energy Solutions, and The Climate Registry today presented their second annual Climate Leadership Awards to four San Francisco Bay Area companies—Wells Fargo & Company, Cisco Systems, Inc., Intel Corporation, and Sonoma County Water Agency—for leadership in reducing carbon pollution and addressing climate change.

"The Climate Leadership Award winners are taking extra steps with their outstanding actions to reduce greenhouse gas emissions that harm the environment and threaten public health," said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. "We are proud to recognize these companies and local government agency for serving as models for their peers."

The four Bay Area companies recognized today are among 23 winners announced nationwide. The national awards program honors corporate, organizational, and individual leadership in reducing greenhouse gas emissions in internal operations and throughout the supply chain. The organizations recognized represent a wide array of industries, including construction, finance, defense, transportation, retail, energy and technology.

The organizations were recognized in the following categories:

Organizational Leadership Award

Sonoma County Water Agency

The Sonoma County Water Agency provides naturally filtered drinking water, flood protection services, distribution of recycled water, recreational opportunities, and wastewater treatment to over 600,000 residents of Sonoma and Marin counties in California. In 2006, the Agency committed to operating a carbon-free water system by 2015, and has participated in leadership capacities at a state and local level on multiple environmental coalitions. To further its efforts, nationally, the Agency initiated, helped establish, and supports a non-profit network of counties and cities that identify and share innovative clean energy projects, programs, and financial mechanisms.

Intel Corporation

Intel exceeded its recent goal to reduce greenhouse gas (GHG) emissions 20 percent below 2007 levels by the end of 2012, achieving a 60 percent reduction, and since 2008, it has been the largest purchaser of renewable energy in the U.S. The company’s annual green power usage is 100 percent of Intel's total annual U.S. electricity use, and through these renewable energy purchases Intel has helped to create demand for wind, solar, and other renewable technologies. Further, by building energy efficiency directly into its products, Intel is also able to help its customers reduce energy use and GHG emissions.

Supply Chain Leadership Award

Cisco Systems, Inc.

Cisco Systems, Inc. designs, manufactures, and sells internet protocol-based networking and other products. Since 2010, Cisco has requested its suppliers report to the Carbon Disclosure Project (CDP), an independent nonprofit organization working to reduce GHG, and the company’s long-term objective is for all suppliers (and their business partners) to publicly report to CDP and set their own GHG reduction goals. Suppliers publicly reporting to CDP are favored when Cisco is deciding whether to conduct future business with a company, and in 2012, Cisco achieved its 25 percent GHG reduction goal.

Excellence in Greenhouse Gas Management (Goal Setting Certificate)

Wells Fargo & Company

Wells Fargo provides banking, insurance, investments, mortgage, and consumer and commercial finance services. Wells Fargo adopted a new goal of reducing its U.S. GHG emissions by 35 percent from 2008 to 2020. The company intends to meet this goal with energy efficiency improvements to its office space and data centers, and plans to consolidate office space, reducing the total number of square feet.

The awards will be presented at the Climate Leadership Conference in Washington, D.C.

More about the recognition categories and the Climate Leadership Award winners:www.epa.gov/climateleadership/awards/ 

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EPA proposes plan to clean up Lower Duwamish Waterway from decades of industrial pollution

EPA News Release:

EPA proposes plan to clean up Lower Duwamish Waterway from decades of industrial pollution

Cleanup will remove nearly 800,000 cubic yards of contaminated sediment and greatly reduce sources of pollution to Seattle’s main industrial river corridor

CONTACT: Hanady Kader, EPA Public Affairs, 206-553-0454, kader.hanady@epa.gov

(Seattle—Feb. 28, 2013) The U.S. Environmental Protection Agency released a proposed plan to clean up the Lower Duwamish Waterway Superfund Site, the city’s chief industrial waterway located on the south end of Elliott Bay. The release of the sediment cleanup plan marks the beginning of a public comment period.

“The Duwamish is Seattle’s river. This plan is the product of our close coordination among the governments and businesses responsible for cleanup, and the communities and tribes who use the river for their food and livelihood,” said Dennis McLerran, Regional Administrator for EPA Region 10.  “This cleanup will ensure that the Duwamish will be healthier and safer for the people and communities who rely on it, while also keeping the river open for business.”

The proposed plan calls for cleanup of the most contaminated sediment and would reduce PCB contamination in the Duwamish River by at least 90 percent in conjunction with cleanups already underway at early action sites. The plan also includes an environmental justice analysis that examines the impacts of contamination on minority and low-income populations around the Superfund site. In addition, the plan has a source control strategy to minimize the release of pollutants that could re-contaminate waterway sediments.

EPA manages the cleanup of contaminated sediment and the Washington State Department of Ecology oversees pollution source control under a 2002 agreement to share management of the five-mile site.

“Source control targets pollutants both past and present, and represents a continuing commitment to protect against re-contamination of Duwamish sediments after the EPA cleanup,” said Jim Pendowski, Ecology’s toxics cleanup program manager. “It takes broad involvement – including public agencies, businesses, and local residents – to sustain this effort.  We’re all responsible for the health of the Duwamish.”

Industry, storm drains, and combined sewer overflows have polluted the Lower Duwamish Waterway surface water and sediments over the past 100 years. Over 40 hazardous substances were found in sediments at concentrations that pose a risk to people and marine life. Resident Duwamish fish and shellfish, which are consumed by local communities, accumulate contaminants that are harmful to human health.

The primary contaminants of concern are PCBs, dioxins, arsenic and carcinogenic polycyclic aromatic hydrocarbons. EPA used scientific studies completed by the City of Seattle, King County, the Port of Seattle and Boeing to determine the extent of contamination and evaluate cleanup options. These parties recognized the need for cleanup measures and stepped up to do the work in areas of the river that contained the most contamination. The early action areas for cleanup are Slip 4, Terminal 117, Boeing Plant 2, Jorgensen Forge, Duwamish Diagonal and the Norfolk combined sewer overflow.

The proposed cleanup would address 156 acres of contaminated sediments through dredging, capping or enhanced natural recovery, including removal of nearly 800,000 cubic yards of contaminated sediments from the waterway. Enhanced natural recovery refers to the application of a thin layer of clean sand that would reduce contaminant levels more quickly than natural recovery, where natural sedimentation from the river creates a cleaner surface over time. An additional 256 acres with lower levels of contamination would benefit from monitored natural recovery.

Since 2002, Ecology, the City of Seattle and King County have worked to investigate and reduce pollution sources in the waterway’s 32-square-mile drainage area with a series of targeted initiatives:

• Conducted 3,100 inspections at over 1,300 businesses
• Performed 421 combined hazardous waste and water quality inspections under the state’s Urban Waters Initiative
• Collected over 800 samples to track and identify sources
• Cleaned over 30,000 feet of storm drain lines

Ecology has overseen cleanups or investigations at 22 contaminated industrial sites along or near the Duwamish under the state’s cleanup law. EPA has managed the federal cleanup process at eight sites. Ecology’s proposed source control strategy will carry these efforts into the future, including monitoring to track the strategy’s effectiveness.

The proposed cleanup would take approximately seven years to implement, with an additional ten years to reduce contaminant concentrations to the lowest predicted concentrations through natural recovery. The estimated cost of the proposed cleanup is $305 million.

The release of the proposed plan marks the beginning of a 105-day public comment period. The public can submit comments through the EPA website and at three public meetings scheduled for April and May.

For more information on the proposed cleanup plan for the Lower Duwamish Waterway Superfund Site or to submit comments online, please visit:

http://yosemite.epa.gov/r10/cleanup.nsf/sites/lduwamish

www.ecy.wa.gov/programs/tcp/sites_brochure/lower_duwamish/lower_duwamish_hp.html


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CountryMark Refining and Logistics, LLC to Install $18 Million in Pollution Controls to Resolve Clean Air Act Violations at Indiana Refinery

EPA News Release:

FOR IMMEDIATE RELEASEFebruary 28, 2013

CountryMark Refining and Logistics, LLC to Install $18 Million in Pollution Controls to Resolve Clean Air Act Violations at Indiana Refinery

WASHINGTON - The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that Countrymark Refining and Logistics, LLC has agreed to pay a $167,000 civil penalty, perform environmental projects totaling more than $180,000, and spend $18 million on new pollution controls to resolve Clean Air Act (CAA) violations at its refinery, located in Mount Vernon, Ind. 
Once fully implemented, the pollution controls required by the settlement will reduce emissions of harmful air pollution that can cause respiratory problems, such as asthma, and are significant contributors to acid rain, smog, and haze, by an estimated 1,000 tons or more per year.

“Under the settlement, CountryMark will implement new practices and install innovative, cutting-edge pollution controls at its Indiana refinery,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. "These innovative controls include ensuring that pollution control devices, such as flares, are operated properly to minimize pollution emitted into the air and to improve their overall efficiency.”
“This settlement requires CountryMark to install new controls and implement new practices at its refinery to reduce air pollution from all significant sources at the refinery,” said Ignacia S. Moreno, assistant attorney general for the Justice Department's Environment and Natural Resources Division. “Notably, CountryMark will be the third refiner to put in place new measures to substantially reduce gas emissions from its flare, and the company’s commitment to retrofit diesel school buses will also reduce air emissions that affect the area’s residents.”
The complaint alleges that the company made modifications to its refinery that increased emissions without first obtaining pre-construction permits and installing required pollution control equipment. The CAA requires major sources of air pollution to obtain such permits before making changes that would result in a significant net emissions increase of any pollutant. The complaint also alleges CAA violations related to flare operation, the New Source Performance Standards, and applicable requirements for leak detection and repair (LDAR).
The settlement requires new and upgraded pollution controls, more stringent emission limits, and aggressive LDAR practices to reduce emissions from refinery equipment and processing units. The settlement also requires new controls on the refinery’s flaring devices, which are used to burn-off waste gases. The amount of pollution that flares emit depends on the total amount of waste gases sent to a flare and the efficiency at which the flare is operated when burning those gases. The settlement will ensure proper combustion efficiency for any gases that are sent to a flare and will also cap the total amount of waste gases that can be sent to a flare at the refinery. The flares requirements are part of EPA’s national effort to reduce emissions from flares at refineries, petrochemical, and chemical plants. 
The flaring efficiency requirements are settlement with CountryMark are part of EPA’s national enforcement initiative to improve compliance among petroleum refiners and to reduce significant amounts of air pollution from refineries nationwide through comprehensive, company-wide enforcement settlements. The settlement with CountryMark is the 32nd under the EPA initiative. With today’s settlement, 109 refineries operating in 32 states and territories – more than 90 percent of the total refining capacity in the United States – are under judicially enforceable agreements to significantly reduce emissions of pollutants. As a result of the settlement agreements, refiners have agreed to invest more than $6 billion in new pollution controls designed to reduce emissions of sulfur dioxide, nitrogen oxides, and other pollutants by over 360,000 tons per year.
The State of Indiana actively participated in the settlement with CountryMark and has received over $110,000 to fund a supplemental environmental project to remove asbestos-containing material from an old grain elevator in downtown Mount Vernon. The settlement also requires CountryMark to provide at least $70,000 in funding for a supplemental environmental project that will install diesel retrofit and/or idle reduction technologies on school buses and/or non-school bus, publicly-owned vehicles located within 50 miles of the refinery.
The consent decree, lodged in the Southern District of Indiana, is subject to a 30-day public comment period and court approval.

More information about the settlement: http://www.epa.gov/enforcement/air/cases/countrymarkrefiningandlogisticsllc.html
More information about EPA’s Air Toxics National Enforcement Initiative:

http://www.epa.gov/compliance/data/planning/initiatives/2011airtoxics.html

Enforcement Alert: EPA Enforcement Targets Flaring Efficiency Violations (August 2012):http://www.epa.gov/enforcement/air/documents/newsletters/flaringviolations.pdf

More information about EPA’s Petroleum Refinery Initiative:http://www.epa.gov/compliance/resources/cases/civil/caa/oil/index.html

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EPA Recognizes Individuals, Organizations forClimate Change Leadership

EPA Press Release:

FOR IMMEDIATE RELEASEFebruary 28, 2013

EPA Recognizes Individuals, Organizations forClimate Change Leadership
WASHINGTON – Today the U.S. Environmental Protection Agency’s (EPA) Center for Corporate Climate Leadership hosted the second annual Climate Leadership Awards, with the Association of Climate Change Officers (ACCO), the Center for Climate and Energy Solutions (C2ES) and The Climate Registry (TCR). Twenty three winners will be given awards for their leadership in reducing carbon pollution and addressing climate change.
“Our Climate Leadership Award winners are leading by example with their outstanding actions to reduce carbon pollution,” said Gina McCarthy, assistant administrator for EPA’s Office of Air and Radiation. "These organizations are tackling the challenge of climate change with practical, common-sense, and cost-saving solutions to improve efficiency and cut waste.”

The national awards program honors corporate, organizational, and individual leadership in reducing greenhouse gas emissions in internal operations and throughout the supply chain. A wide array of industries are represented by these organizations, including construction, finance, defense, transportation, retail, energy and technology.
Organizational Leadership Award: Boulder County, Colo.; City of Austin, Texas; Intel Corporation; Port of San Diego; and Sonoma County Water Agency
Individual Leadership Award: Tamara 'TJ' DiCaprio, Senior Director of Environmental Sustainability, Microsoft Corporation; and J. Wayne Leonard, Former Chairman and CEO of Entergy Corporation
Supply Chain Leadership Award: Cisco Systems, Inc.; IBM; and San Diego Gas & Electric
Excellence in Greenhouse Gas Management (Goal Achievement Award): Abbott; CSX Transportation, Inc.; Limited Brands, Inc.; Office Depot; Raytheon Company; Staples, Inc.; Tiffany & Co.; and Turner Construction Company
Excellence in Greenhouse Gas Management (Goal Setting Certificate): Bank of America; Lockheed Martin Corporation; Science Applications International Corporation (SAIC); SC Johnson & Sons, Inc.; and Wells Fargo and Company
“The 2013 Climate Leadership Award winners are leading the way on integrating climate response into their organizational culture,” said Daniel Kreeger, ACCO executive director. “They are demonstrating true commitment to managing and reducing GHG emissions in internal operations and throughout the supply chain, as well as integrating climate related risk management into their operational strategies. The winners are not only exemplary corporate, organizational, and individual leaders, but their actions provide a blueprint to catalyze the efforts of other organizations and individuals.”
“After a year of record heat and drought, action on climate change and clean energy is more urgent than ever,” said C2ES President Eileen Claussen. “We join EPA in applauding the winners of the Climate Leadership Awards. These companies, organizations, and individuals demonstrate every day the possibility of a prosperous low-carbon future. Hopefully, their accomplishments will spur and challenge others to take steps that are good for both the economy and the environment.”
“The Climate Registry applauds the meaningful action taken by this year’s impressive award winners to demonstrate leadership in their response to climate change,” said David Rosenheim, executive director of TCR. “These deserving organizations lead the way for reducing carbon pollution through greater transparency and consistent data, contributing to a stronger platform for energy and climate policies to build from.”
The awards were presented at the Climate Leadership Conference in Washington, D.C.

More about the recognition categories and the Climate Leadership Award winners:http://www.epa.gov/climateleadership/awards/2013winners.html
Follow EPA’s Center for Corporate Climate Leadership on Twitter: https://twitter.com/EPAclimatectr

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EPA Announces New Guidelines for Energy Efficient Homes in Puerto Rico

EPA News Release:

EPA Announces New Guidelines for

Energy Efficient Homes in Puerto Rico

Will Help Puerto Ricans Conserve Energy, Protect the Environment and Save Money

Contact: Brenda Reyes, (787) 977-5869, reyes.brenda@epa.gov 

(San Juan, Puerto Rico – Feb. 27, 2013) Federal, Commonwealth and San Juan officials joined the U.S. Green Building Council today in San Juan to announce new guidelines for energy efficient homes in Puerto Rico. The new guidelines, developed by EPA as part of the federal ENERGY STAR program, are designed to take the Puerto Rico climate into account in determining energy efficiency for homes. U.S. Environmental Protection Agency Regional Administrator Judith A. Enck, Puerto Rico Department of Housing and Urban Development Office Director Efrain Maldonado, San Juan Mayor Carmen Yulin Cruz-Soto and U.S. Green Building Council Caribbean Chapter President Vincent Pieri made the announcement at EPA’s office in Guaynabo.

“An ENERGY STAR certified home means that the buyer will get an energy efficient place to live and will save money on energy costs over the long-term,” said Judith A. Enck, EPA Regional Administrator. “By committing to build ENERGY STAR homes certified for the Caribbean, builders in Puerto Rico can lead the way in providing home buyers with a choice that is both good for the environment and for their wallets.”

ENERGY STAR for new homes helps home buyers identify residences that are significantly more energy efficient than standard construction. As code requirements have become more rigorous and builder practices have become more efficient, the EPA has periodically modified the guidelines to ensure that homes certified as energy efficient represent a meaningful improvement over homes that are not certified.

The ENERGY STAR guidelines for the Caribbean reflect specifications for Puerto Rico’s tropical climate and year-round moderate temperatures. Homes built to ENERGY STAR guidelines are typically 20–30% more efficient than standard homes. Puerto Rico has some of the highest electricity rates in the country at 29 cents per kilowatt hour by some estimates.

ENERGY STAR homes in Puerto Rico will feature a combination of energy-efficient systems that work together. These include completely enclosed systems to seal in air, high quality installation and high-performance windows. They also include high-efficiency systems for heating, ventilating and cooling; comprehensive water management systems to protect roofs, walls and foundations from moisture damage; and efficient lighting and appliances that perform well, last long and keep utility bills low.

Over the past twenty years, the ENERGY STAR program has helped people save a combined total of nearly $230 billion on utility bills across the country.  At the same, ENERGY STAR has reduced greenhouse gas emissions by about 1.7 billion tons. Last year alone, people across the nation saved about $18 billion on their energy bills while preventing greenhouse gas emissions equivalent to the annual emissions of 33 million vehicles.

The new guidelines and the schedule for phasing in the program in Puerto Rico are available at energystar.gov/homes.

For more information or to become an ENERGY STAR partner, please visithttp://www.energystar.gov/join.

Follow EPA Region 2 on Twitter at http://twitter.com/eparegion2 and visit our Facebook page,http://www.facebook.com/eparegion2.

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EPA News Release:

Wood treatment companies violate federal pesticide laws intended to protect human health

 

Contact: Suzanne Skadowski, EPA Region 10 Communications, 206-553-6689, skadowski.suzanne@epa.gov

(Seattle – February 27, 2013) Gardner-Fields, Inc. of Tacoma, Washington and IBC Manufacturing Co. of Memphis, Tennessee will pay fines for violating federal pesticide laws, according to separate settlements announced by the U.S. Environmental Protection Agency.

"Companies that sell or distribute mislabeled pesticides put people’s health and the environment at risk," said Ed Kowalski, Director of EPA Region 10 Compliance and Enforcement. "Without proper labeling and safety instructions, users can unintentionally misapply pesticides and may lack important information for emergency first aid."

*  Gardner-Fields, Inc. produced, sold, and distributed four IBC Manufacturing Co. wood preservatives under its own brand names with outdated labels. The four products are ATCO Woodlast 1420, ATCO Woodlast 2c 1423, ATCO Woodlast 2 RTU 1422, and ATCO Shakelast 1441. Gardner-Fields agreed to pay a penalty of $35,336 to settle the violations.

*  IBC Manufacturing Co., the owner of the products, allowed the wood preservatives to be distributed and sold with outdated labels, by failing to inform Gardner-Fields, Inc. of important label changes required by EPA. IBC Manufacturing agreed to pay a penalty of $265,000 to settle the violations.

During an inspection in September 2008, EPA found that IBC Manufacturing and Gardner-Fields had produced, distributed, and sold four wood preservatives with outdated labels in violation of the Federal Insecticide, Fungicide, and Rodenticide Act.

Under the Federal Insecticide, Fungicide, and Rodenticide Act, wood preservatives are considered pesticides that must be registered with the EPA. Pesticides must also be distributed and sold with proper labeling and instructions that include important warning and caution statements about the product and detailed directions on the proper use of the product.

Before a pesticide is registered, the producer must provide data from tests conducted according to EPA guidelines to ensure that the product will not harm people’s health. The EPA examines the ingredients, how the product will be used, and its potential human health and environmental effects. Distributors and retailers are responsible for ensuring that all pesticides distributed and sold fully comply with the law.

More about EPA’s enforcement of the Federal Insecticide, Fungicide, and Rodenticide Act:

http://www.epa.gov/lawsregs/laws/fifra.html

Cornyn Introduces Bill to Prevent Abuse of Endangered Species Act Litigation

News Releases - United States Senator John Cornyn, Texas

Soil Removal Begins at Beede Waste Oil Superfund Site in Plaistow, N.H.

News Release

U.S. Environmental Protection Agency

New England Regional Office

February 27, 2013

Contact: Kate Renahan, (617) 918-1491

Soil Removal Begins at Beede Waste Oil Superfund Site in Plaistow, N.H.

(Boston, Mass. – Feb. 27, 2013) – Beginning this week, the first phase of soil removal is beginning at the Beede Waste Oil Superfund Site in Plaistow, N.H.

The lightly contaminated soil was previously excavated and/or relocated and stockpiled on site in order to construct a new temporary driveway and access road to the Site. The soil will be trucked off-site utilizing the newly-constructed temporary driveway and access road. A fleet of six trucks, each of which can carry about 20 tons of soil, will make up to three trips per day to the Rochester, N.H. landfill. The work will involve an estimated 565 truckloads of soil.

The truckloads of soil will be covered to ensure containment, and the trucks will be thoroughly cleaned before they leave the Site. To minimize dust, EPA will use watering techniques during the removal. During soil removal, EPA will also conduct air monitoring around the work site to ensure that potentially harmful contaminants are not posing a threat to people’s health. If air monitoring shows levels of contamination exceeding appropriate limits, all work will be halted until these issues are addressed.

The trucks will not leave the Site while school buses are picking up or dropping off students who live between the new Main Street driveway entrance and Route 125.

Contamination occurred at the nearly 41-acre Beede Waste Oil Superfund Site from the 1920s through August 1994, when it was used as a waste oil storage and recycling facility. The site is contaminated primarily with waste oil that seeped into the ground from a variety of sources, including a former unlined lagoon and various above and underground storage tanks that have since been removed. 

The Site cleanup plan is being conducted in accordance with the Record of Decision, signed in 2004, under the terms of a Consent Decree entered as a final order in New Hampshire Federal District Court in 2008.  The Consent Decree secures a commitment from the settling parties to finance and conduct a comprehensive clean up of the Beede site under oversight of the U.S. EPA and the N.H. Dept. of Environmental Protection.

To date, cleanup activities have included: removal of water, oil and sludge from storage tanks and drums formally located on the site, removal of approximately 100,000 gallons of waste oil from the groundwater table, design and partial construction of a groundwater treatment system, and construction of a waterline for residents whose private wells were impacted by the Site. The cleanup plan will continue to address remaining contamination at the Site including soil, sediment, groundwater and surface water.  

More information on EPA cleanup work at the Beede Waste Oil Superfund Site (http://www.epa.gov/region1/superfund/sites/beede)

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