Superfund Efforts to Clean Waterways Come With a Risk

The following is an excerpt from an article in 

The New York Times
Tuesday, August 14, 2012

Superfund Efforts to Clean Waterways Come With a Risk

By ANTHONY DePALMA

LYNDHURST, N.J. — This is not what a Superfund site is supposed to look like. There are no rusting barrels, no antifreeze-green slime oozing up from the ground. There’s just a deep bend in the serpentine Passaic River, a gaggle of pushy Canada geese and a lone rower in a single scull making good time on the calm, dark waters.

Yet Mile Marker 10.9 on the Passaic is most definitely a toxic hot spot. Testing late last year showed that five acres of shallow mud flats in the river here were highly contaminated with mercury, toxic chemical compounds called PCBs and dioxin, which is known to cause cancer. The discovery has sent environmental officials and a small army of corporations scrambling to remove thousands of cubic yards of sediment with plans to seal the rest beneath a permanent cap, all within the coming year.

That the hidden dioxin deposit was detected at all and the remediation put on such a fast track are results of an ambitious effort by the Environmental Protection Agency, which runs the federal Superfund program, to zero in on toxic targets that had been passed over for decades because they were too big, too costly and just too difficult to tackle.

More than three decades after the program was established by Congress to clean up the most heavily polluted sites in the country, either by forcing those responsible to pay or by covering the cost with money from a special fund, the agency is now taking on the most expensive and most technically complex cleanups ever attempted — large stretches of urban waterways where the pollution is out of sight.

But there are lingering doubts about the best ways to handle such immense cleanups. “The public wants this stuff picked up and hauled away,” said Michael A. Barbara, the technical consultant for the businesses that are being held responsible for cleaning up the Passaic. “But the reality is that sometimes the process of stirring up this stuff does more harm than leaving it in place.”

Even the most notorious hazardous-waste dumps on land pale beside the prospect of cleaning up miles of riverbed — in which the slightest movement can stir up long-buried wastes that tides, floods, even motorboat traffic can spread upstream and down. Trying to predict how everything will work is so complicated that preliminary planning alone can cost more than an entire land-based cleanup.

But after years of study and some smaller pilot projects that met with varying degrees of success — and failure — the E.P.A. is finally tackling some of the most heavily polluted waterways. Many are in the New York-New Jersey area, which, since the beginning of Superfund, has had the greatest number of polluted sites.

For more, visit www.nytimes.com.

EPA to Hold Public Meeting on Plan for Final Phase of Cleanup At Diaz Chemical Superfund Site

Press release:

EPA to Hold Public Meeting on Plan for Final Phase of Cleanup

At Diaz Chemical Superfund Site

Contact: John Martin (212) 637-3662, martin.johnj@epa.gov 

(New York, NY – August 13, 2012) The U.S. Environmental Protection Agency is proposing a plan to clean up contaminated soil and ground water at the Diaz Chemical Corporation Superfund site in Holley, New York. The soil and ground water are contaminated with volatile and semi-volatile organic compounds, which can cause serious damage to people’s health. The EPA’s proposed plan calls for the use of a technology to treat six areas of soil and ground water that continue to cause contamination of ground water in a broader area.

The EPA will hold a public meeting on September 5, 2012 at 7 p.m. at the American Legion, 5 Wright Street, Holley, NY to explain the proposed plan and to answer questions. Comments will be accepted until September 12, 2012.

Diaz Chemical Corporation purchased the site in 1974 and began manufacturing specialty chemicals for the agricultural, pharmaceutical, photographic, color and dye and personal care products industries at the site.

In January 2002, a safety valve at the facility ruptured, causing a release of a chemical mixture into the neighboring residential area. Area residents experienced sore throats, headaches, eye irritation, nosebleeds and skin rashes and some residents voluntarily relocated to temporary housing with assistance from Diaz Chemical.

In May 2002, after Diaz Chemical said that it could not continue to pay the costs of housing residents who remained relocated after the incident, the EPA assumed responsibility for the housing expenses. The EPA then initiated an assessment of the affected neighborhood and sampled air, soil, interior surfaces and household items for contamination. In June 2003, Diaz Chemical filed for bankruptcy and abandoned the facility, leaving behind large volumes of chemicals in drums and tanks. The EPA began providing 24-hour security at the site and operating a ground water treatment system previously installed by Diaz Chemical. In addition, the EPA:

·         shipped approximately 8,600 drums and over 112,000 gallons of bulk waste from tanks and containment areas off-site for re-use or disposal

·         emptied, decontaminated and disposed of 105 reactor vessels and 34 tanks

·         dismantled and removed 51,280 linear feet of facility piping

·         recovered approximately 800 gallons of waste from within the pipes

·         removed and recycled 767 tons of structural steel, motors and scrap steel

·         removed and disposed of 5,750 tons of concrete, of which 500 tons were recycled

·         removed and disposed of 9 PCB-containing transformers

·         removed and disposed of 175 cubic yards of lead-contaminated wood and 20 cubic yards of asbestos debris

·         decontaminated a warehouse

• dismantled all of the production buildings and tank containment areas, another warehouse and boiler room, electrical room, laboratory and an oil tank storage area. 

The EPA added the Diaz Chemical site to the Superfund list of the most contaminated hazardous waste sites in 2004. In 2005, the EPA reached a decision, following a public comment period, to purchase eight vacated homes and provided the owners financial assistance to permanently relocate. The agency also provided assistance to two tenants in relocating to new rental properties. The proposed plan announced today calls for the sale or transfer of the properties.

The proposed plan calls for a method of treating the soil and ground water in six areas using electrodes that will heat the soil and ground water, causing the contaminants to evaporate and turn into vapor and steam. The vapor and steam would then be collected and treated. For contaminated ground water outside of the six sources of contamination, the EPA is proposing to rely on natural processes that allow the contaminants to disperse, dilute and degrade to ground water cleanup levels.

Superfund is the federal cleanup program established by Congress in 1980 to investigate and clean up the country’s hazardous waste sites. The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs on to taxpayers. Cleanups are only funded by taxpayer dollars when those responsible for the contamination cannot be found or are not financially viable. In this instance, the EPA has spent approximately $12 million to-date to clean up the Diaz Chemical site. The estimated total cost of the EPA’s proposed plan is $14.5 million.

Written comments may be mailed, faxed, or e-mailed to:

John DiMartino

Remedial Project Manager

Central New York Remediation Section

U.S. Environmental Protection Agency

290 Broadway, 20^th Floor

New York, NY 10007-1866

phone: (212) 637-4270

fax: (212) 637-3966

email: dimartino.john@epa.gov

For more information on the Diaz Chemical Corporation Superfund site and to view EPA’s Proposed Plan, please visit: http://www.epa.gov/region02/superfund/npl/diazchemical.

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

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EPA Identifies Substitutes for Toxic Flame Retardant Chemical

Press release:


EPA Identifies Substitutes for Toxic Flame Retardant Chemical
Release Date: 07/30/2012
Contact Information: Latisha Petteway (News media only), petteway.latisha@epa.gov, 202-564-3191, 202-564-4355 Dale Kemery (News media only), kemery.dale@epa.gov, 202-564-7839, 202-564-4355

WASHINGTON - In its quest to identify possible substitutes for a toxic flame retardant chemical known as decabromodiphenyl ether (decaBDE), the U.S. Environmental Protection Agency (EPA) has released a draft report on alternatives. This comprehensive assessment, developed with public participation under EPA’s Design for the Environment (DfE) program, profiles the environmental and human health hazards on 30 alternatives to decaBDE, which will be phased out of production by December 2013.

DecaBDE is a common flame retardant used in electronics, vehicles, and building materials. It can cause adverse developmental effects, can persist in the environment and can bioaccumulate in people and animals. This technical assessment can help manufacturers identify alternatives to decaBDE. In addition, EPA will continue to work with manufacturers to investigate both chemical and non-chemical alternatives for flame retardants.

“EPA is using all of its tools to reduce the use of hazardous flame retardant chemicals like decaBDE and identify safer, functional substitutes to protect people’s health and the environment,” said Jim Jones, acting assistant administrator for EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP). “Virtually everyone agrees that EPA needs updated authority under the Toxic Substances Control Act (TSCA) to more effectively assess and regulate potentially harmful chemicals like flame retardants. As EPA continues to stress the need for comprehensive legislative reform to TSCA, we are also targeting actions on a broader group of flame retardants to reduce human and environmental risks."

Today’s draft report is the latest in a series of actions the agency is taking to address flame retardants made with bromine. Other actions include:


On June 1, 2012, EPA released a TSCA work plan of 18 chemicals which the agency intends to review and use to develop risk assessments in 2013 and 2014, including three flame retardant chemicals. EPA is currently developing a strategy, scheduled for completion by the end of this year that will address these three and a broader set of flame retardant chemicals. This effort will aid the agency in focusing risk assessments on those flame retardant chemicals that pose the greatest potential concerns. EPA anticipates initiating the risk assessments on this category of chemicals in 2013.
On April 2, 2012, EPA proposed actions under TSCA that will require manufacturers, importers, and processors of polybrominated diphenyl ether (PBDE) flame retardants to submit information to the agency for review before initiating any new uses of PBDEs after Dec 31, 2013. Those who continue to manufacture, import, or process after December 31, 2013, would be subject to a testing requirement under TSCA. EPA is accepting comments on this proposal until July 31, 2012.
In 2009, EPA developed action plans on PBDEs (including pentaBDE, octaBDE, and decaBDE) and hexabromocyclododecane (HBCD) that summarized available hazard, exposure and use information; outlined potential risks; and identified the specific steps the agency is pursuing under the TSCA. The alternatives analysis for decaBDE was included in the action plan.

The alternatives to decaBDE characterized in the report are already on the market and will be used increasingly as decaBDE is phased out. The alternatives have differing hazard characteristics and are associated with trade-offs. For example, some alternatives that appear to have a relatively positive human health profile may be more persistent in the environment. Some alternatives appear to be less toxic than decaBDE. Preliminary data suggests that these flame retardants may have a lower potential for bioaccumulation in people and the environment. It is important to understand that these health and environmental profiles are largely based on computer-model generated estimates, and that the models are limited in their ability to predict concern. Laboratory testing and ongoing environmental monitoring is necessary to fully understand the potential for concern associated with these chemicals.

EPA’s Design for the Environment Alternatives Assessment Program helps industries choose safer chemicals and offers a basis for informed decision-making by providing a detailed comparison of the potential public health and environmental impacts of chemical alternatives. Throughout the partnership, stakeholders, including chemical suppliers, product manufacturers, and non-government organizations have provided valuable information to support the development of these draft reports. EPA is seeking stakeholder and public input on this draft report for 60 days.

More information on the DfE Alternatives Assessment Program and the draft report: http://www.epa.gov/dfe

More information on other actions on brominated flame retardants:
http://www.epa.gov/oppt/existingchemicals/pubs/workplans.html#2013

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Idaho Frozen Food company pays EPA penalty for chemical reporting violations

Idaho Frozen Food company pays EPA penalty for chemical reporting violations

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

Suzanne Powers, EPA Emergency Response Program, 360-753-9475, powers.suzanne@epa.gov

(Seattle — May 7, 2012) Rhodes International, Inc. will pay over $84,000 to settle hazardous chemical reporting violations at its facility in Caldwell, Idaho, according to a consent agreement with the U.S. Environmental Protection Agency.

The Rhodes facility produces frozen cinnamon rolls and other frozen bread products. According to EPA, the facility stored large amounts of anhydrous ammonia without properly reporting it to the Caldwell Fire Department, Canyon County Local Emergency Planning Committee and the State Emergency Response Commission.

“Local emergency planners and responders rely on this information to do their jobs. Its critical information for them to protect the community and themselves when a dangerous chemical release occurs,” said Wally Moon, Preparedness and Prevention Unit Manager from the EPA Emergency Management Program in Seattle.

Anhydrous ammonia is a pungent, toxic gas that attacks skin, eyes, throat, and lungs and can cause serious injury or death.

According to documents, the company failed to file inventory forms with state and local emergency response entities from 2006 through 2009, as required by law.

The failure to report large amounts of anhydrous ammonia to appropriate agencies is a violation of the federal Emergency Planning and Community Right-to-Know Act (EPCRA).

For information on EPA's Emergency Planning and Community Right to Know Act, visit http://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

Illinois EPA Responds to Chemical Spill into Prairie Creek Resulting in Fish Kill

FOR IMMEDIATE RELEASE April 25, 2012 Illinois EPA Responds to Chemical Spill into Prairie Creek Resulting in Fish Kill SPRINGFIELD –Illinois EPA emergency responders and water quality specialists are in Tazewell County again today in response to yesterday’s release into Prairie Creek, on Allentown Road west of the Village of Allentown, of several hundred gallons of a mixture of 28 percent nitrogen and 13.3 percent of an herbicide containing Atrazine. The address is reported to be 24815 Allentown Road. In addition, approximately 60 gallons of diesel fuel were released in the vehicle accident that caused the release. The spill resulted in a large and “complete” fish kill downstream of the incident site. Along with the Morton and Pekin fire departments and the Illinois Department of Natural Resources, Illinois EPA continues to monitor the situation, and is collecting periodic samples to determine how quickly the chemical is moving downstream and the effectiveness of the remedial measures being taken. The Illinois EPA cautions anyone using the water from Prairie Creek between the spill site and the Mackinaw River (approximately eight miles) as drinking water for animals, recreation or any other purpose to avoid the area until the water is determined to be safe through testing.  While concentrations of the chemicals appear “milky” in the water, the chemicals can still be dangerous even after the water appears to be clears.

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Idaho Haz Waste Disposal Site Failed to Disclose Releases

Idaho hazardous waste disposal site failed to disclose chemical releases

Contacts: 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—March 22, 2012) US Ecology Idaho, Inc., a hazardous waste disposal site in Grand View, Idaho, failed to report the on-site disposal of thousands of pounds of chemicals at its facility, according to a settlement with the U.S. Environmental Protection Agency. The company has corrected the violations of the Toxics Release Inventory Program and will pay a fine.

 “Companies that handle toxic chemicals have a responsibility to be transparent about what they use and release into the environment,” said Kelly Huynh, manager of the Inspection and Enforcement Management Unit at EPA in Seattle. “Accurate, timely numbers from companies are critical for communities to have up-to-date information on chemical releases in their states.”

US Ecology Idaho, Inc. failed to report the on-site disposal of 20 chemicals and chemical categories during 2009.

As part of its hazardous waste disposal operations, the company disposed of more than 10,000 pounds each of aluminum, arsenic, barium, cadmium, chromium, cobalt, copper and copper compounds, diethanolamine, ethylene glycol, manganese, methyl isobutyl ketone, nickel, nitric acid, selenium, silver, thallium and zinc.

In addition, the company disposed of more than 100 pounds of lead and lead compounds and more than 10 pounds each of mercury and polychlorinated biphenyls.

Many of the chemicals disposed of at the facility have dangerous human health impacts and risks associated with them.

The company has submitted the required reports to the EPA and the State of Idaho to resolve the violations and agreed to pay a penalty of $184,400.

Under the federal Toxics Release Inventory Program, companies that use certain toxic chemicals are required to report annually about releases, transfers and waste management activities involving toxic chemicals at their facilities.

The Toxics Release Inventory Program falls under the Emergency Planning and Community Right-to-Know Act, which aims to inform communities and citizens of chemical hazards in their neighborhoods.

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

EPA Announces TSCA Work Plan Chemicals - Lynn Bergeson - Pollution Engineering

EPA Announces TSCA Work Plan Chemicals - Lynn Bergeson - Pollution Engineering

News Release from EPA Region 6

EPA Proposes to Add Phillips County Chemical Company

to National Priorities List of Superfund Sites

Nine hazardous waste sites added, 10 proposed

(DALLAS – March 13, 2012) The Environmental Protection Agency (EPA) today announced the Cedar Chemical Corporation site in Phillips County, Arkansas, has been proposed to be added to the National Priorities List (NPL) of Superfund sites, a list of sites that pose risks to people’s health and the environment. Superfund is the federal program that investigates and cleans up the most complex, uncontrolled or abandoned hazardous waste sites in the country.

The site, just south of West Helena along state highway 232, consists of six former production units, support facilities, and an office. The area has been occupied by different chemical companies since 1970, with the last owner, Cedar Chemical Corporation, filing for bankruptcy in 2002. Cedar Chemical manufactured agricultural chemicals, including insecticides and herbicides, which left behind contaminants such as chloroform and methylene chloride. Other threats include abandoned chemicals, buried drums, groundwater and soil contamination, and an abandoned stormwater treatment system.

“Today we’re taking an important step toward restoring contaminated property and protecting people’s health and our environment,” said EPA Regional Administrator Al Armendariz. “Cleaning up hazardous waste in our communities and returning properties to environmental and economic vitality are EPA priorities.”

In 2003, EPA removed abandoned tanks and containers, and in 2007 the Arkansas Department of Environmental Quality issued an administrative order to several former operators of the site to address environmental concerns. Adding the site to the NPL will allow for more extensive clean-up of remaining contamination.

The EPA will seek public comment on adding the Cedar Chemical Corporation site to the NPL for 60 days. Comments will be considered as the agency completes the final decision process.

Since 1983, 1,661 sites have been listed on the NPL. Of these sites, 359 have been cleaned up resulting in 1,302 sites currently on the NPL (including the nine sites added today). There are 62 proposed sites (including the 10 announced today) awaiting final agency action.

With all NPL sites, the EPA works to identify companies or people responsible for the contamination at a site, and requires them to conduct or pay for the cleanup. For the newly listed sites without viable potentially responsible parties, the EPA will investigate the full extent of the contamination before starting significant cleanup at the site. Therefore, it may be several years before significant EPA cleanup funding is required for these sites.

More information on the Superfund NPL is available at http://www.epa.gov/superfund/sites/npl/current.htm

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

EPA audio file is available at http://www.epa.gov/region6/6xa/podcast/mar2012.html

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News Release from EPA

Metro Container Corp. site added to Superfund list

PHILADELPHIA (March 13, 2012) -- The U.S. Environmental Protection Agency today announced the addition of the Metro Container Corporation site in Trainer, Delaware County, Pa. to the Superfund National Priorities List (NPL).

The NPL is a national list of sites where hazardous substances could impact human health and/or the environment. These sites first undergo a thorough investigation to determine the full nature and extent of contamination. EPA or the parties responsible for the contamination then address whatever risks the sites pose to human health and the environment.

Located about 20 miles south of Philadelphia near the Delaware River, the site has a long industrial history, which includes its use as a chemical manufacturing plant by the Stauffer Chemical Company from 1920 to 1959. The property was also used as a steel drum reconditioning facility by several companies including the Metro Container Corporation, which filed for bankruptcy in 1987. The site is currently owned by Trainer Industries, an industrial painting company that uses the property mainly for storage.

The main source of contamination on the property is a half-acre backfilled industrial waste lagoon that was used for disposal of drum contents and wastewater. The unlined lagoon was eventually filled in with soil and artificial fill materials and is no longer accessible. Additionally, site soils are contaminated. The contaminants of concern at the site are polychlorinated biphenyls (PCBs), inorganics, polyaromatic hydrocarbons (PAHs) and volatile organic compounds (VOCs).

Potential impacts to the surrounding community and environment include contamination to the Delaware River and along the tidal flats of the Delaware River.

The Metro Container site is one of nine sites nationwide that EPA is adding to the NPL today. EPA is also proposing 10 other sites to the list today. 

For Federal Register notices and supporting documents for this and other sites, please visit http://www.epa.gov/superfund/sites/npl/current.htm .

For information about how a site is listed on the NPL, visit: http://www.epa.gov/superfund/sites/npl/npl_hrs.htm  .

News Release from EPA

EPA Adds Corozal Well Site in Corozal, Puerto Rico

to the Superfund List

  

Contact: Elias Rodriguez, 212-637-3664, rodriguez.elias@epa.gov or Brenda Reyes, 787-977-5869, reyes.brenda@epa.gov

(New York, N.Y. – March 13, 2012) The U.S. Environmental Protection Agency today announced that it has added the Corozal Well site in Barrio Palos Blancos, Corozal, Puerto Rico to its Superfund National Priorities List of the country’s most hazardous waste sites. Sampling at the site, which is in a rural area near the municipalities of Corozal and Naranjito, found that the chemical tetrachloroethylene or PCE is contaminating a well used to supply drinking water to local residents. Exposure to PCE, a solvent commonly used in industrial processes, can have serious effects of people’s health including liver damage and an increased risk of cancer. After discovering the contamination in 2010, the Puerto Rico Department of Health ordered the well closed. In March 2011, the EPA installed a treatment system on the well to remove the contaminants and provide the community with water that is safe to drink.

  

“Ensuring that people have a safe source of drinking water is essential to protecting public health and is an EPA priority,” said Judith A. Enck, EPA Regional Administrator. “By placing the Corozal Well site on the Superfund list, the EPA can do the extensive sampling needed to find the best ways to address the contamination and protect people’s health.”

The Corozal well, known locally as the Santana well, serves a small, rural population that is not connected to the Puerto Rico Aqueduct and Sewer Authority public water supply system. Ground water samples collected in 2010 and 2011 confirmed the presence of PCE in the well. The EPA has not yet identified the source of the ground water contamination.

Nationwide, EPA is proposing to add 10 other sites to the Superfund list today and is designating nine others as final on the list. The EPA periodically proposes sites to the Superfund list and, after responding to public comments, designates them as final Superfund sites. The Superfund final designation makes them eligible for funds to conduct long-term cleanups. The Corozal Well site is now designated as final on the Superfund list.

The EPA does an extensive search to identify and locate the parties potentially responsible for the contamination at all sites on the Superfund list. The agency requires responsible parties to pay for or perform the cleanup work with EPA oversight. The majority of Superfund cleanups are performed by or paid for by polluters. Taxpayer dollars are used to cover EPA cleanup costs when no responsible party can be identified.

For more information, visit: http://www.epa.gov/superfund/sites/npl/current.htm.

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

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News Release from EPA - OR Lumber Mill

Oregon lumber mill cited for toxic chemical leaks and violations

Contact: Hanady Kader, EPA Public Affairs, 206-553-0454, kader.hanady@epa.gov; Tristen Gardner, EPA PCBs Unit, 206-553-6240, gardner.tristen@epa.gov

(Seattle—Feb. 28, 2012) Sanders Wood Products Company in Liberal, Oregon was found to have a series of PCB leaks and other violations of federal PCB laws at its lumber mill, according to a settlement reached with the U.S. Environmental Protection Agency. The company will pay over $108,000 in penalties.

“There are clear standards for how to manage toxic chemicals like PCBs so they don’t harm people or the environment,” said Scott Downey, Manager of the Pesticides and PCBs Unit in EPA’s Seattle office. “This dangerous family of chemicals accumulates in the body and can be extremely difficult and expensive to clean up.”

During an inspection in 2009, an EPA inspector identified leaks in three PCB-containing transformers. Federal law requires repair, containment or replacement of leaking transformers containing polychlorinated biphenyls, commonly known as PCBs. In addition, the transformers were not properly maintained and lacked necessary labels.

PCBs are known carcinogens and can harm the immune, reproductive, nervous and endocrine systems. Congress banned PCBs in 1979, but they may be present in products and materials produced before the ban including electrical transformers, capacitors, oil used in motors, oil-based paint, plastics and insulation.

As part of the settlement, the company confirmed it has removed the leaking transformers from the facility. The areas where the PCBs leaked have also been cleaned up. The company has also certified it is currently in compliance with all applicable requirements under the Toxic Substances Control Act at each of its facilities.

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.

Final Health Assessment for Perc

News release from EPA:

CONTACT:

Latisha Petteway (News Media Only)

petteway.latisha@epa.gov

202-564-3191

202-564-4355

FOR IMMEDIATE RELEASE

February 10, 2012

EPA Releases Final Health Assessment for Tetrachloroethylene (Perc)

Public health protections remain in place

WASHINGTON – Today the U.S. Environmental Protection Agency (EPA) posted the final health assessment for tetrachloroethylene – also known as perchloroethylene, or perc – to EPA’s Integrated Risk Information System (IRIS) database. Perc is a chemical solvent widely used in the dry cleaning industry. It is also used in the cleaning of metal machinery and to manufacture some consumer products and other chemicals. Confirming longstanding scientific understanding and research, the final assessment characterizes perc as a “likely human carcinogen.” The assessment provides estimates for both cancer and non-cancer effects associated with exposure to perc over a lifetime.

EPA does not believe that wearing clothes dry cleaned with perc will result in exposures which pose a risk of concern. EPA has already taken several significant actions to reduce exposure to perc. EPA has clean air standards for dry cleaners that use perc, including requirements that will phase-out the use of perc by dry cleaners in residential buildings by December 21, 2020. EPA also set limits for the amount of perc allowed in drinking water and levels for cleaning up perc at Superfund sites throughout the country, which will be updated in light of the IRIS assessment.  

“The perc health assessment released today will provide valuable information to help protect people and communities from exposure to perc in soil, water and air,” said Paul Anastas, assistant administrator for EPA’s Office of Research and Development. “This assessment emphasizes the value of the IRIS database in providing strong science to support government officials as they make decisions to protect the health of the American people.”

The toxicity values reported in the perc IRIS assessment will be considered in:

·        Establishing cleanup levels at the hundreds of Superfund sites where perc is a contaminant
·         Revising EPA’s Maximum Contaminant Level for perc as part of the carcinogenic volatile organic compounds group in drinking water, as described in the agency’s drinking water strategy
·         Evaluating whether to propose additional limits on the emissions of perc into the atmosphere, since perc is considered a hazardous air pollutant under the Clean Air Act

The assessment replaces the 1988 IRIS assessment for perc and for the first time includes a hazard characterization for cancer effects. This assessment has undergone several levels of rigorous, independent peer review including: agency review, interagency review, public comment, and external peer review by the National Research Council. All major review comments have been addressed.

EPA continues to strengthen IRIS as part of an ongoing effort to ensure the best possible science is used to protect human health and the environment. In May 2009, EPA streamlined the IRIS process to increase transparency, ensure the timely publication of assessments, and reinforce independent review. In July 2011, EPA announced further changes to strengthen the IRIS program in response to recommendations from the National Academy of Sciences. EPA’s peer review process is designed to elicit the strongest possible critique to ensure that each final IRIS assessment reflects sound, rigorous science.

More information on the perc IRIS assessment: http://www.epa.gov/iris/subst/0106.htm

More information on perc: http://epa.gov/oppt/existingchemicals/pubs/perchloroethylene_fact_sheet.html

More information on IRIS: http://www.epa.gov/IRIS

Dover Chemical Corp. to Pay $1.4 Million in Penalties

From EPA:

Dover Chemical Corporation in Ohio to Pay $1.4 Million for Unauthorized Production of Chemical Substances

WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that Dover Chemical Corporation has agreed to pay $1.4 million in civil penalties for the unauthorized manufacture of chemical substances at facilities in Dover, Ohio and Hammond, Ind. The settlement resolves violations of the Toxic Substances Control Act (TSCA) premanufacture notice obligations for its production of various chlorinated paraffins. Dover Chemical produces the vast majority of the chlorinated products sold in the United States. As part of the settlement, Dover Chemical has ceased manufacturing short-chain chlorinated paraffins, which have persistent, bioaccumulative and toxic (PBT) characteristics. PBTs pose a number of health risks, particularly for children, including genetic impacts, effects on the nervous system, and cancer. Dover Chemical will also submit premanufacture notices to EPA for various medium-chain and long-chain chlorinated paraffin products.
“Assuring the safety of chemicals is one of EPA’s top priorities,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s action reinforces the need for chemical manufacturers to follow the law and protects Americans from chemicals that could be harmful to their health.” 
“This settlement will require Dover to participate in an EPA review of all types of chlorinated paraffin products sold by the company and bring Dover into compliance with the Toxic Substances Control Act,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. “By halting production of short-chain chlorinated paraffins, this settlement will reduce undue risks to human health and the environment.”
Chlorinated paraffins are a family of chemical substances with different properties depending on their carbon chain lengths and are generally identified as short, medium, or long-chain. Chlorinated paraffins are used as a component of lubricants and coolants in metal cutting and metal forming operations, as a secondary plasticizer and flame retardant in plastics, and as an additive in paints. Short-chain chlorinated paraffins, however, have been found to be bioaccumulative in wildlife and humans, persistent and transported globally in the environment, and toxic to aquatic animals at low concentrations. EPA has developed an action plan for these chemicals based on the potential for significant impacts on the environment. The environmental and health concerns relating to medium-chain chlorinated paraffins and long-chain chlorinated paraffins may be similar to those associated with short-chain chlorinated paraffins. Those chemicals may also be persistent and bioaccumulative based on their physical-chemical properties, bioaccumulation modeling, and because they are also found in the environment.
In 1978, EPA compiled the initial TSCA Inventory of chemical substances from industry submissions and those substances were grandfathered onto the TSCA Inventory without additional human health or environmental review. Chemical substances not on the TSCA Inventory constitute “new chemical substances” for which a premanufacture notice (PMN) must be submitted to EPA at least 90 days before a company begins producing the substance. A PMN includes information such as the specific chemical identity, use, anticipated production volume, exposure and release information, and existing available test data. EPA identifies risks associated with new chemicals through the PMN process. In the PMN process, EPA can require additional testing or issue orders prohibiting or limiting the production or commercial use of such substances.
The proposed settlement agreement, lodged in the U.S. District Court for the Northern District of Ohio, is subject to a 30-day public comment period and approval by the federal court.
More information on the settlement: http://www.epa.gov/compliance/resources/cases/civil/tsca/doverchemical.html

Southwest Iowa Renewable Energy, LLC to Pay $10,150 Penalty

Thursday, February 2, 2012
U.S. Environmental Protection Agency, Region 7

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

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


Southwest Iowa Renewable Energy, LLC to Pay $10,150 for Risk Management Plan Violations at Council Bluffs Ethanol Plant


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

Environmental News

FOR IMMEDIATE RELEASE

(Kansas City, Kan., Feb. 2, 2012) - Southwest Iowa Renewable Energy, LLC has agreed to pay a $10,150 civil penalty and spend at least $38,729 on a supplemental environmental project for failing to file a risk management plan and implement risk management regulations at its dry-mill ethanol plant in Council Bluffs, Iowa.

According to an administrative consent agreement and final order filed by EPA Region 7 in Kansas City, Kan., an inspection of the ethanol plant in January 2010 found that the company had not filed a risk management plan for the facility, as required by the federal Clean Air Act.

Under the Clean Air Act, the Council Bluffs facility was required to file a risk management plan because it had exceeded the 10,000-pound threshold for anhydrous ammonia, an extremely hazardous chemical. Southwest Iowa Renewable Energy was storing approximately 28,000 pounds of anhydrous ammonia at the time of the EPA inspection.

As part of its settlement with EPA, Southwest Iowa Renewable Energy has agreed to perform a supplemental environmental project, through which it will spend at least $38,729 to purchase emergency response equipment for the Council Bluffs and Lewis Township fire departments.

By agreeing to the settlement, the company has certified that the Council Bluffs ethanol plant is now in compliance with federal Risk Management Program regulations.

EPA enforces the Risk Management Program regulations of the Clean Air Act with a goal of preventing accidental chemical releases and minimizing the impact of releases or other accidents that may occur. The establishment of Risk Management Programs and formulation of Risk Management Plans helps companies, industries and municipalities operate responsibly, assists emergency responders by providing vital information necessary to address accidents and other incidents, protects the environment by preventing and minimizing damage from accidental releases, and keeps communities safer.

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News release from DOE's Office of Environmental Management:

Savannah River Site Contractor Achieves Tank Waste Milestone

AIKEN, S.C. – The Savannah River Site’s liquid waste contractor recently achieved a contract milestone by processing 500,000 gallons of salt waste in underground tanks for disposition since October last year.

“I congratulate Savannah River Remediation (SRR) for reaching this initial milestone,” said Terrel Spears, Assistant Manager for Waste Disposition Project, DOE Savannah River Operations. “Processing salt waste is essential for us and our mission to close tanks. The salt processing technologies utilized have proven very effective in removing the radioactive constituents from salt waste and the processing rates being achieved are encouraging.”

A second SRR contract milestone calls for an additional 450,000 gallons of salt waste to be processed by the end of September this year. SRR has processed more than 2.5 million gallons of salt waste for disposition since 2008.

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Pictured here is a component of the Interim Salt Disposition Process — known as Modular Caustic Side Solvent Extraction Unit (MCU) — that helped Savannah River Remediation process more than 500,000 gallons of salt waste since October last year, a contract milestone.

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SRR operates the Interim Salt Disposition Process (ISDP) to prepare the salt waste for disposition. The ISDP is being used temporarily until that work can be completed by the Salt Waste Processing Facility, which is being constructed.

In the ISDP, radioactive isotopes are removed from the salt waste solutions in the tanks. The chemical isotopes removed include cesium, plutonium and strontium. Those isotopes are transferred to the Defense Waste Processing Facility, where they are mixed with molten glass and placed in stainless steel canisters for permanent storage. The remaining low-level salt solution is converted into a grout-cement mixture at the Saltstone facilities and pumped into concrete vaults for permanent disposal. 

Dave Olson, SRR President and Project Manager, said salt waste constitutes 90 percent of the total waste inventory stored in SRS’s two tank farms, and the removal and processing of the salt waste is key to SRR achieving its mission to close the tanks.

“The milestone demonstrates the safe and continuous operations of a key component in the waste removal process at SRS,” Olson said.

EPA & TDSHS Warn Against Eating Contaminated Fish

News release from EPA Region 6:

Thursday, February 2, 2012

EPA and TDSHS Warn Against Consumption of Contaminated Fish

(DALLAS – February 2, 2012) During the week of February 6-12, 2012, representatives from the Environmental Protection Agency (EPA) and the Texas Department of State Health Services (TDSHS) will be in the area of South Alamo, Texas, to speak with residents about the contamination in the Donna Reservoir and Canal. This effort is being made to provide local residents with information about the health risks of consuming fish taken from the Donna Reservoir and Canal. The possession of contaminated fish taken from the reservoir is prohibited by the TDSHS.

The principal pollutants in the reservoir are polychlorinated biphenyls (PCBs). PCBs are a group of synthetic organic chemicals that can cause a number of different harmful effects in humans. The primary risk to human health from PCBs is from suspended sediment in the water and the consumption of contaminated fish. Effects of consumption of contaminated fish may include nausea, vomiting, abdominal pain, skin rashes, acne, and cancer. 

The Donna Reservoir and Canal is an EPA Superfund site located in Hidalgo County in southern Texas just north of the Rio Grande. The site includes the Donna Reservoir, the Donna Main Canal, the West and East Main Canals which extend north from the reservoir, and a series of interconnecting canals.  

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2 New England Companies Fined for Violating Haz. Waste Mgt. Reqts.

News Release
U.S. Environmental Protection Agency
New England Regional Office
 February 1, 2012 
Contact: David Deegan, (617) 918-1017

Two New England Companies Fined for Violating Hazardous Waste Management Requirements

(Boston, Mass. – Feb. 1, 2012) – Two New England companies that store and distribute hazardous chemicals have agreed in separate settlements to pay a total of more than $179,000 in penalties and to donate about $43,000 worth of equipment and training to local fire departments to settle EPA claims that they violated federal laws regulating companies that handle hazardous chemicals.


Settlement agreements with EPA’s New England office were signed recently by Hubbard-Hall Inc., a chemical storage and distribution company based in Waterbury, Conn., and by Monson Companies, Inc., which is based in Leominster, Mass. and has a warehouse in South Portland, Maine.


The claims and agreements with both companies arose out of a series of inspections that EPA New England has done in the last two years at chemical warehouse and distribution facilities in an effort to address compliance issues. Since 2009, EPA New England has brought 13 Clean Air Act enforcement actions against companies that warehouse or distribute chemicals, including seven administrative compliance orders and six penalty orders.


Two agreements with Hubbard-Hall settled claims that the company failed to comply with the Clean Air Act at its facilities in Waterbury, Conn., and Wilmington, Mass. Under the agreements, the company will pay $111,290 in fines: $48,090 for Wilmington and $63,200 for Waterbury. The company will also buy hazardous atmosphere detection equipment for the Wilmington fire department and provide training in the use of this equipment, at a total cost of $10,887.
Hubbard-Hall failed to have the required risk management plan, or RMP, at both facilities, EPA said. These plans were necessary because the facilities stored large quantities of highly concentrated hydrofluoric acid. An RMP ensures that companies identify the risks associated with their extremely hazardous chemicals; take steps to prevent chemical releases (such as training employees and storing the chemicals safely), and make sure emergency responders can react quickly and safely to an accidental release.


In addition, in July 2011 EPA issued administrative orders to both Hubbard-Hall facilities for violations of the RMP regulations and the General Duty Clause of the Clean Air Act. According to the orders, the company stored incompatible chemicals so close together that a spill or release of one chemical could result in a violent chemical reaction with another chemical, creating toxic gases or causing a fire or explosion.


According to the agreement signed recently with Monson, the company will pay $68,100 in fines. It will also donate emergency response equipment for use by local emergency response teams and will invite those teams to the facility to participate in a training exercise, at a total cost of $32,975.


This will settle claims that Monson failed to meet the requirements of the Clean Air Act, the Maine Hazardous Waste Management Rules, federal hazardous waste laws and the federal Emergency Planning & Community Right-to-Know Act at its warehouse, distribution, repackaging and custom blending chemical manufacturing facility in South Portland.
EPA’s complaint against Monson asserts that the company violated the Clean Air Act’s General Duty Clause by failing to separate incompatible chemicals and to maintain adequate aisle spacing. Storing incompatible chemicals together creates a risk of fire, explosion, or release of toxic gases, while failure to maintain adequate aisle spacing between chemicals can impede access to the chemicals in the event of an emergency. The “General Duty Clause” of the Clean Air Act aims to prevent accidental releases of substances that can cause serious harm to the public and the environment from short-term exposures and to reduce the severity of accidental releases that do occur. 


According to the agreement, Monson also failed to submit a complete emergency and hazardous chemical inventory (Tier II) form for 2009 to local and state emergency planning officials and to the local fire department, in violation of the federal right-to-know law.  Failure of a facility to file these forms leaves the community unaware of the presence of chemicals in the neighborhood that may affect public health and the environment. Also, these forms help federal, state and local authorities plan for emergency response actions and the cleanup of industrial pollution.


In addition, Monson failed to make hazardous waste determinations to characterize containers of waste observed at the facility, and to update its hazardous waste contingency plan to reflect changes at the facility, as required by Maine Hazardous Waste Management Rules.
Both Hubbard-Hall and Monson cooperated with EPA in promptly correcting the violations and in reaching quick settlements.


EPA reminds operators of facilities that store hazardous chemicals that:


• Without sufficient inventory management, facilities may not realize chemical inventories have exceeded federal regulatory thresholds;
• Incompatible materials must be adequately separated;
• Buildings must be structurally appropriate for flammable chemical storage and equipped with the proper fire protections;
• The list of chemicals covered by OSHA Process Safety Management regulations is not always the same as the list of chemicals covered by Clean Air Act Risk Management Program regulations;
• Companies violating the Clean Air Act often are also violating EPCRA and/or hazardous waste regulations;
• Secondary containment systems for chemicals (to contain spills or leaks) must be in good repair, with drums stored in a stable way, and adequate aisle space for emergency responders;

• The Clean Air Act's General Duty Clause can apply even when Risk Management Program regulations do not. The General Duty Clause requires companies that manage extremely hazardous substances to prevent chemical accidents by, among other things, designing and maintaining a safe facility;

• Regular inspections are important to ensure the integrity of tank areas;
• Companies must coordinate with local emergency responders.


More information: 

- Clean Air Act General Duty Clause (http://www.epa.gov/compliance/civil/caa/gdcenf.html)
- EPCRA (http://www.epa.gov/lawsregs/laws/epcra.html)
- Tier II Reporting (http://www.epa.gov/osweroe1/content/epcra/tier2.htm)

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