Clean Harbors Environmental Services, Inc. to pay penalty for chemical reporting violations at Aragonite, Utah facility

EPA Press Release:

Clean Harbors Environmental Services, Inc. to pay penalty for chemical reporting violations at Aragonite, Utah facility

Industrial waste incinerator resolves failure to report chemicals to Toxic Release Inventory

Contact: David Cobb, 303-312-6592; Matthew Allen, 303-312-6085

                                              
(Denver, CO. – May 30, 2013) – The U.S. Environmental Protection Agency (EPA)today announced an agreement with Clean Harbors Environmental Services, Inc. (Clean Harbors) based in Norwell, Mass., resolving alleged violations of the Emergency Planning and Community Right to Know Act (EPCRA) at its industrial waste incineration facility in Aragonite, Utah. As part of the settlement, Clean Harbors has agreed to pay a penalty of $39,900 and correct violations associated with the failure to appropriately report chemicals manufactured and used on site.

“The failure of a facility to appropriately file toxic release forms deprives the public its right to know and undermines efforts to prevent pollution and respond to potential emergencies,” said Mike Gaydosh, EPA’s enforcement director in Denver. “EPA will take steps to ensure that companies provide citizens, elected officials, and public safety personnel with information about the chemicals they use and generate.”  

Today’s agreement stems from an EPA inspection of the Clean Harbors facility on December 14, 2011 which found the facility manufactured and/or used sixteen regulated chemicals in excess of established reporting thresholds. EPA determined that Clean Harbors did not correctly report the presence or emissions of these chemicals at the Utah facility in 2010 by failing to file required Toxic Release Inventory forms for specific chemicals and providing inaccurate emission data. Clean Harbors has since addressed these deficiencies.

Community right- to-know requirements defined under EPCRA provide the public with critical information regarding the presence, use, and disposal of toxic chemicals in communities and help inform important pollution prevention and emergency response activities. EPA’s action is expected to improve compliance with EPCRA reporting requirements and ensure that facilities provide specific information about chemicals they process, manufacture, or otherwise use on site.

Spokane concrete and asphalt manufacturer fails to disclose use of chemicals

Press release:

Spokane concrete and asphalt manufacturer fails to disclose use of chemicals

Contact Info: Hanady Kader, EPA Public Affairs, 206-553-0454, kader.hanady@epa.gov
Graham Kirn, EPA Toxics Release Inventory Program, 206-553-1603, kirn.graham@epa.gov

(Seattle—Aug. 23, 2012) CPM Development Corporation, a concrete and asphalt manufacturing facility, failed to report toxic chemical use at its Spokane, Washington facility under federal community right-to-know laws, according to a settlement with the U.S. Environmental Protection Agency. The company has submitted the missing reports outlining chemical use and disposal at its facility, and will pay a fine.

“Companies have a responsibility to nearby communities to be transparent about the chemicals they use,” said Kim Ogle, Manager of the Inspection and Enforcement Management Unit in EPA’s Seattle office. “Many chemicals, such as lead, are especially harmful to children.”

EPA found that the company failed to report on time for its processing of lead compounds and nitrate compounds in 2010. During that year, the company processed more than 100 pounds of lead compounds and more than 25,000 pounds of nitrate compounds, the threshold amounts that trigger reporting requirements under the federal Toxics Release Inventory program.

Lead is a persistent, toxic chemical that can accumulate in our bodies and is especially harmful to young children. Nitrates can cause dangerous blood conditions, low blood pressure and are particularly harmful to pregnant women and children.

Under the federal Toxics Release Inventory Program, companies that use certain toxic chemicals are required to report annually about releases, transfers and waste management of those chemicals at their facilities. The TRI program is under the Emergency Planning and Community Right-to-Know Act, which aims to inform communities and citizens of chemical hazards in their neighborhoods.

The company has agreed to pay a $25,400 penalty.

For more information on the Toxics Release Inventory, visit: http://www.epa.gov/tri/

Talisman Energy to pay $62,000 penalty for violations at 52 natural gas facilities in Pa.

Press release:

Contact: Roy Seneca seneca.roy@epa.gov  215-814-5567

Talisman Energy to pay $62,000 penalty for violations at 52 natural gas facilities in Pa.

PHILADELPHIA (July 25, 2012) -- Talisman Energy USA Inc. will pay a $62,457 penalty to settle alleged violations of hazardous chemical reporting requirements at 52 hydraulic fracturing facilities throughout Pennsylvania that include natural gas well sites and compressor stations, the U.S. Environmental Protection Agency announced today. Talisman discovered the violations and self-disclosed them to the EPA.

The Emergency Planning and Community Right-to-Know Act (EPCRA) requires companies that store specified amounts of hazardous chemicals to submit material safety data and lists of chemicals on site with state and local emergency response agencies and the local fire departments. The safety data describes health risks associated with the chemicals and safe handling instructions. The lists of chemicals set forth the types and quantities of chemicals present on site.

Compliance with these requirements is important for the health and safety of facility occupants and first responders in the event of discharge or accidental exposure to hazardous chemicals. The required information also provides valuable information to emergency planners.

The settlement reflects Talisman’s good faith cooperation with EPA, and its compliance efforts in self-disclosing and swiftly correcting the violations. As part of the settlement, the company neither admitted nor denied the alleged violations.

In a consent agreement with EPA, the company has agreed to pay the $62,457 penalty for failing to file required chemical information for one or more of the past three years at each of the facilities included in the settlement.  

For more information on EPCRA and EPA’s toxic chemical reporting program, visit http://www.epa.gov/emergencies/content/epcra/index.htm .

Chemical Producer Faces Fine for Environmental Violations at Fairfield, Conn. Facility

News Release
U.S. Environmental Protection Agency
New England Regional Office
July 19, 2012

Contact:  David Deegan, (617) 918-1017

Chemical Producer Faces Fine for Environmental Violations at Fairfield, Conn. Facility

(Boston, Mass. – July 19, 2012) – A chemical producer faces an EPA fine of $93,900 for failing to report the use and storage of hazardous chemicals at its Fairfield, Conn. facility, in violation of the federal right-to-know law.

According to a recent EPA complaint, the company, 5N Plus, Inc., violated the Emergency Planning and Community Right to Know Act (EPCRA) by failing to report hazardous chemical inventory information, known as Tier II reports, to the fire department, and the local and state emergency responders. The company also failed to report the use and potential release of lead and selenium to the state and federal Toxic Release Inventory, a national database of toxic chemical use available to the public. 

During a June 2011 inspection of the facility, EPA determined that 5N Plus had failed to follow the reporting requirements by failing to include gallium trichloride (an extremely hazardous substance) in its inventory of hazardous chemicals for 2010, and by failing to submit Tier II reports for reporting years 2008 and 2009 for chlorine gas, lead and gallium trichloride.  Following further review, EPA also determined that the company had failed to submit accurate Toxic Release Inventory (TRI) reports for lead in 2008 and 2009, and for selenium in 2010.

Accurate reporting of hazardous chemicals at facilities is critically important to ensure that emergency responders are aware of potential hazards that are present at a facility in the case of an emergency so that they can take adequate precautions to protect public health as well as their own well-being.  Further, the company’s failure to file these required forms deprives the community of its right to know about chemicals stored, used, and potentially released in the neighborhood.

After the two inspections, a release of chlorine gas at the facility resulted in area-wide evacuations and worker exposure to chlorine gas. Subsequent to the release, the company moved its gallium trichloride manufacture to another facility.

The proposed penalty includes $40,500 for failure to file Tier II forms for 2008, 2009 and 2010 and $53,400 for failure to file TRI forms for reporting years 2008, 2009 and 2010.

More information:

- Tier II Chemical Reporting (http://www.epa.gov/oem/content/epcra/tier2.htm)

- Toxic Release Inventory Reporting (http://www.epa.gov/tri/)

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Swiss Valley Farms Cooperative in Luana, Iowa, to Pay $33,880 Penalty for Community Right-to-Know Violations

U.S. Environmental Protection Agency, Region 7

901 N. Fifth St., Kansas City, KS 66101

Iowa, Kansas, Missouri, Nebraska, and Nine Tribal Nations

Swiss Valley Farms Cooperative in Luana, Iowa, to Pay $33,880 Penalty for Community Right-to-Know Violations

Contact Information: Ben Washburn, 913-551-7364, washburn.ben@epa.gov

Environmental News

FOR IMMEDIATE RELEASE

(Kansas City, Kan., May 29, 2012) - Swiss Valley Farms Cooperative, a cheese manufacturer, has agreed to pay a $33,880 civil penalty to the United States to settle two violations of environmental regulations related to the public reporting of toxic chemicals at its facility in Luana, Iowa.

In settlement of this matter, Swiss Valley Farms Cooperative will also complete a supplemental environmental project. Swiss Valley Farms Cooperative will purchase emergency response equipment for the Luana, Iowa, fire department valued at approximately $10,786.

According to an administrative consent agreement and final order filed by EPA Region 7 in Kansas City, Kan., in May 2011, the Agency requested information from Swiss Valley Farms Cooperative and found the company had failed to submit reports to EPA and the State of Iowa concerning quantities of certain toxic chemicals that were manufactured, processed or otherwise used at the facility during 2009. Those chemicals were nitric acid and nitrate compounds. Nitrate compounds are known to be harmful to human health and toxic vapors of nitric acid may cause severe injury, burns, or death. During calendar year 2009, the facility manufactured, processed, or otherwise used 187,000 pounds of nitric acid and 71,000 pounds of nitrate compounds.

Submission of the annual toxic chemical reports is a requirement of the Emergency Planning and Community Right-to-Know Act (EPCRA). Under EPCRA regulations, companies of certain size are required to submit annual reports to EPA and state authorities listing the amounts of regulated chemicals that their facilities release into the environment through routine activities or as a result of accidents. The reports provide an important source of information to emergency planners and responders, and residents of surrounding communities.

EPCRA was enacted by Congress in 1986 as an outgrowth of concern over the protection of the public from chemical emergencies and dangers. After the catastrophic accidental release of methyl isocyanate at Union Carbide’s Bhopal, India, facility in December 1984, and a later toxic release from a West Virginia chemical plant, it was evident that national public disclosure of toxic release inventory information was needed.

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National Cooperative Refinery Association to Pay $700,000 in Penalties for Violations at Kansas Refinery and Storage Facility

U.S. Environmental Protection Agency, Region 7

901 N. Fifth St., Kansas City, KS 66101

Iowa, Kansas, Missouri, Nebraska, and Nine Tribal Nations

National Cooperative Refinery Association to Pay $700,000 in Penalties for Violations at Kansas Refinery and Storage Facility

Contact Information: Chris Whitley, 913-551-7394, whitley.christopher@epa.gov

Environmental News

FOR IMMEDIATE RELEASE

(Kansas City, Kan., March 27, 2012) - The National Cooperative Refinery Association (NCRA) has agreed to pay $700,000 in penalties to the United States and the State of Kansas, and perform a series of injunctive relief actions, to settle violations of federal environmental laws and the Kansas State Implementation Plan at its petroleum refinery and underground storage facility in McPherson County, Kan.

As part of a consent decree lodged yesterday in U.S. District Court in Kansas City, Kan., NCRA will pay $475,000 in penalties to the United States and $225,000 to the State of Kansas. As a part of the settlement, NCRA has agreed to spend approximately $745,000 on supplemental environmental projects involving the purchase of emergency response equipment and services for the benefit of citizens and emergency response agencies in McPherson County.

NCRA owns and operates an 85,000-barrel-per-day petroleum refinery on Iron Horse Road in the city of McPherson, Kan., and an associated underground product storage facility in the nearby unincorporated community of Conway, Kan.

According to a complaint by the U.S. Department of Justice, the U.S. Environmental Protection Agency, the Kansas Attorney General’s Office and the Kansas Department of Health and Environment, NCRA:

• Violated the federal Clean Air Act (CAA) by failing to maintain and operate the refinery’s Unicracker Unit and associated air pollution control equipment in a manner consistent with good air pollution control practices, resulting in a 20-day flaring event that caused significant emissions of hydrogen sulfide and sulfur dioxide to the atmosphere.
• Violated the CAA and the Kansas State Implementation Plan by exceeding emission limits contained in a construction permit for the refinery’s Unicracker Unit heater and Hydrogen Unit heater.
• Violated the CAA by failing to fully implement a Risk Management Program at the refinery and the underground product storage facility.
• Violated the federal Emergency Planning and Community Right-to-Know Act (EPCRA) and the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) by failing to make timely reports of releases of hydrogen sulfide and sulfur dioxide during four separate flaring events at the refinery, including the previously mentioned 20-day flaring event.
• Violated the EPCRA by submitting incomplete Tier II reports, which are supposed to include the identity and inventory of on-site chemicals, to emergency responders.
• Violated the EPCRA by failing to submit an accurate and complete Toxic Release Inventory (TRI) form to EPA.

The consent decree requires NCRA to perform a series of injunctive relief actions to address its non-compliance issues and enhance future compliance through greater emphasis on the Risk Management Program. These include performing an applicability study at the refinery and underground storage facility, providing detailed tank inspection timelines and information, and documenting the resolution of process hazard analyses and compliance audit findings.

For the CAA violations, the relief involves training for start-up procedures and revision to applicable limits for the refinery’s Unicracker Unit Heater.

Relief associated with the EPCRA and CERCLA violations includes completion of a compliance review for Tier II, TRI and episodic release reports. It also includes the submission of an associated report to EPA, retroactive release reporting, and release report training.

NCRA’s supplemental environmental projects, totaling at least $745,000, are designed to further the goals of EPCRA and the Risk Management Program, which seek to prevent accidental chemical releases, minimize the consequences of accidents that do occur, and enable local emergency responders to plan and respond effectively to chemical accidents.

The consent decree is subject to a 30-day public comment period and final approval by the court.

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News Release from EPA - Kansas Refinery

FOR IMMEDIATE RELEASE
March 6, 2012
Kansas Refinery to Pay Nearly $1 Million Penalty for Environmental Violations Related to Air Emissions

WASHINGTON — The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that Coffeyville Resources Refining & Marketing (CRRM) has agreed to pay a civil penalty of more than $970,000 and invest more than $4.25 million on new pollution controls and $6.5 million in operating costs to resolve alleged violations of air, superfund and community right-to-know laws at its Coffeyville, Kan. refinery. The settlement will benefit the environment and human health by requiring new and upgraded pollution controls, more stringent emission limits, and more aggressive leak-detection and repair practices to reduce emissions from refinery equipment and process units. Sulfur dioxide (SO₂) and nitrogen oxide (NO_x), two pollutants emitted from refineries, can cause respiratory problems like asthma and are significant contributors to acid rain, smog and haze.
“The Clean Air Act is designed to protect people’s health from emissions of harmful pollutants,” said Cynthia Giles, assistant administrator of EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement will protect residents living near the facility and ensure that the necessary pollution controls are installed to protect the residents of southeastern Kansas in the future.”
“This settlement puts CRRM on a level playing field with the more than 100 petroleum refineries that have agreed to implement aggressive pollution control measures, thereby reducing the threats posed by harmful emissions to area residents,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. “The agreement reaffirms our commitment to ensure that the petroleum refining industry complies with the nation’s Clean Air Act.”

The settlement resolves alleged violations of the Clean Air Act (CAA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and Emergency Planning and Community Right-to-Know Act (EPCRA). Coffeyville allegedly 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 emissions increase of any pollutant. The settlement also resolves violations in which CRRM failed to timely notify state and local emergency responders of releases of hydrogen sulfide and sulfur dioxide from the refinery, as required by the CERCLA and EPCRA.

Once fully implemented, the pollution controls required by the settlement will annually reduce an estimated 200 tons of NOx emissions and more than 110 tons of SO₂ emissions. The settlement will also reduce emissions of volatile organic compounds, particulate matter, carbon monoxide and other pollutants that affect air quality. CRRM has also agreed to perform a voluntary environmental project at the refinery valued at more than $1.2 million. The project will benefit the environment and surrounding communities by reducing emissions of volatile organic compounds and hydrogen sulfide, reducing the frequency of future acid gas flaring incidents, and conserve 15 million gallons of water each year that would previously have come from the Verdigris River.
The settlement with CRRM is the 30th under an EPA initiative to improve compliance among petroleum refiners and to reduce significant amounts of air pollution from refineries nationwide through comprehensive, company-wide settlements. The first of EPA’s settlements was reached in 2000, and with today’s settlement, 107 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 dioxide and other pollutants by more than 360,000 tons per year. 
CRRM’s refinery has the capacity to refine more than 115,000 barrels of crude oil per day, producing gasoline, diesel fuels, and propane. 
The State of Kansas has joined in the settlement and will receive a portion of the civil penalty.

The consent decree, lodged in the U.S. District Court for the District of Kansas, is subject to a 30-day public comment period and court approval.
More information on the CRRM settlement:
http://www.epa.gov/compliance/resources/cases/civil/caa/coffeyville.html
More information on other petroleum refinery settlements:
http://www.epa.gov/compliance/resources/cases/civil/caa/oil/index.html

News Release from EPA

Tuesday, February 21, 2012
Contact: Donna Heron 215-814-5113 / heron.donna@epa.gov

Pennsylvania Company Settles Toxic Chemical Reporting Violations at Nazareth, Pa. Facility

PHILADELPHIA (February 21, 2012) -- The U.S. Environmental Protection Agency today announced that Essroc Cement Corporation has agreed to pay a $82,000 penalty to settle alleged violations of toxic chemical reporting requirements at its manufacturing facility located at 401 West Prospect St., Nazareth, Pa.

According to EPA, Essroc failed to submit three years of required reports on a regulated toxic chemical (lead) which was processed at this facility.

EPA cited the company for violating the Emergency Planning and Community Right-to-Know Act (EPCRA). This law requires companies that manufacture, use or process more than a threshold amount of listed toxic chemicals to file an annual toxic chemical release form with EPA and the state. These reports are used to compile the Toxic Release Inventory (TRI) -- a publicly available EPA database, searchable by zip code, that contains information on toxic chemical releases and waste management activities.

The multi-establishment Nazareth, Pa., plant processes lead as part of the manufacturing process for bulk and packaged cement. Lead and lead compounds are regulated under EPCRA due to the public health effects of ingestion or inhalation of lead, particularly among children, including damage to the nervous system. According to EPA, a June 2011 inspection revealed that Essroc did not submit annual reports for lead for three years (2006 through 2008) when the Nazareth facility processed lead in amounts in excess of 130,000 pounds annually -- significantly exceeding EPCRA’s 100 pound reporting threshold. (This settlement involves alleged reporting violations, not unlawful releases of toxic chemicals.)

The settlement penalty reflects the company's cooperation with EPA in resolving the alleged violations, and its compliance efforts. As part of the settlement, the company did not admit liability for the alleged violations, but has certified compliance with applicable EPCRA requirements.



In a separate matter, the United States recently announced a $1.7 million settlement of alleged Clean Air Act violations at six Essroc facilities nationwide, including the Nazareth plant.
See press release at: http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/48aa8dd28f3ab133852579750077751e!OpenDocument.

For more information on TRI and the TRI searchable database, go to: www.epa.gov/tri.

For more information on lead and its health effects, go to: See http://www.epa.gov/lead/index.html.

Oregon Potato Company Pays EPA Penalty for Failing to Report

News release from EPA:

Oregon Potato Company pays EPA penalty for failing to report ammonia release

Wally Moon, EPA Preparedness and Prevention Unit Manager, 206-553-6323, moon.wally@epa.gov
Tony Brown, EPA Public Affairs, 206-553-1203, brown.anthony@epa.gov

(Seattle—Jan. 26, 2012) Oregon Potato Company failed to report an anhydrous ammonia release at their facility in Warden, Washington and will pay the U.S. Environmental Protection Agency a $66,235 penalty.

On July 2, 2009, the facility released approximately 300 pounds of anhydrous ammonia into the environment, according to the EPA settlement. The facility, located at 1900 First Avenue West in Warden, Washington, produces dried and dehydrated frozen potato products.


According to Wally Moon, EPA Preparedness and Prevention Unit Manager in Seattle, these cases are about protecting workers, emergency responders and the community.


“When unintended chemical releases occur, every minute counts if it is an emergency,” said EPA’s Moon. “Emergency responders need to be notified promptly to react effectively.”


The leak occurred when a circuit breaker failed, causing a pressure relief valve to open releasing the anhydrous ammonia. EPA alleges that Oregon Potato failed to immediately notify local and state agencies about the release. While no injuries were reported at the time of the incident, ammonia is a pungent, toxic gas that attacks skin, eyes, throat, and lungs and can cause serious injury or death.


The ammonia release and the failure to notify appropriate agencies are violations of the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act (EPCRA).


For information on EPA's Emergency Planning and Community Right to Know Act, visithttp://www.epa.gov/compliance/civil/epcra/epcraenfstatreq.html


For more about toxic effects of Anhydrous Ammonia (NIOSH GUIDE): http://www.cdc.gov/niosh/npg/npgd0028.html