Upgrades at Fairmont Water Plant to Strengthen Public Health Protections, Help Economy

Press release:

Upgrades at Fairmont Water Plant

to Strengthen Public Health Protections, Help Economy

Project Benefits from Nearly $9 Million in Federal Funds

FAIRMONT, W.Va. (August 20, 2012) – Federal, state and local officials today marked completion of major improvements to the Fairmont Water Filtration Plant that will provide added drinking water protections and promote economic investment in the area.

The $12.1 million upgrade was largely financed with $8.8 million in federal funds awarded by the U.S. Environmental Protection Agency, including $4.4 million from the federal Recovery Act.

“The improvements to this plant are a prime example of how the Recovery Act and other federal funds are making a positive difference every day in our communities and lives,” said EPA Regional Administrator Shawn M. Garvin. “Not only are we creating a facility to meet current and future water demands, we’re also opening the door to additional economic investment in this area – bringing permanent jobs and positive impacts to the local and regional economy.”

At a ribbon-cutting ceremony at the plant today, Garvin also acknowledged Fairmont officials for a national Drinking Water State Revolving Fund Sustainable Public Health Protection Award for furthering the goal of clean and safe water through exceptional planning, management and finance. Fairmont was nominated for the award by the West Virginia Department of Health and Human Resources.

Fairmont’s water filtration plant is the fourth-largest publicly-owned water utility in West Virginia, providing water service to approximately 50,000 customers, including more than 13,500 direct customers in Fairmont as well as resale customers in 10 municipalities in four surrounding counties.

The plant’s upgraded water treatment process now fully utilizes membrane technology, which provides nearly 100 percent protection against waterborne pathogens and produces high quality, safe drinking water.

The upgrades to the handling of waste material at the plant will eventually eliminate effluent discharge into nearby surface water, thereby decreasing the demand on the downstream Fairmont Wastewater Treatment Plant and providing additional environmental benefits.

For information on EPA’s Recovery Act projects, visit www.epa.gov/recovery/.

Portland area property management company cited for violations of federal lead rules

News Release:

Portland area property management company cited for violations of federal lead rules

 Contact Info: Hanady Kader, EPA Public Affairs, 206-553-0454, kader.hanady@epa.gov
Barbara Ross, EPA Lead Coordinator, 206-553-1985, ross.barbara@epa.gov
Shantac Goodloe, HUD Public Affairs, 202-708-0685

(Seattle – May 21, 2012) American Property Management of Portland, Oregon will pay a penalty for alleged violations of the federal Lead Disclosure Rule, according to a settlement with the federal government. The U.S. Environmental Protection Agency and U.S. Department of Housing and Urban Development announced the settlement today, while urging landlords and property owners to inform people of potential risks from lead.

APM leases properties in Portland, Oregon. According to EPA and HUD inspectors, from 2007-2010, APM leased 35 units and failed to produce records showing they notified tenants about the potential presence of lead paint and lead-based paint hazards, as required by the Lead Disclosure Rule. The EPA and HUD requested the records during an inspection in 2010. APM will pay a $10,000 penalty.

“People have the right to know about lead hazards prior to renting or buying a place to live,” said Rick Albright, Director of EPA’s Office of Air, Waste and Toxics in Seattle. “Sellers, landlords and property managers have a responsibility to follow these requirements and inform people of potential risks. If they don’t, they are going to face stiff penalties.”

“It’s absolutely critical that families have the right information so that they can protect their children’s health,” said Jon L. Gant, Director of HUD’s Office of Healthy Homes and Lead Hazard Control. “This settlement sends a message to landlords of housing across the country that they make sure to properly disclose the required lead information to the families they rent to.”

The Lead Disclosure Rule requires landlords, property management companies, and sellers to inform potential lessees and purchasers of the presence of lead-based paint and lead-based paint hazards in pre-1978 housing. They must also provide the purchaser or lessee with a copy of the Lead Hazard Information Pamphlet, “Protect Your Family from Lead in Your Home” before entering into any lease or sales agreement, and keep records showing they have met the federal requirements.

Lead from paint, dust, and soil can be dangerous if not managed properly. Lead exposure can harm young children and babies even before they are born. People can get lead in their bodies by breathing or swallowing lead dust, or by eating soil or paint chips containing lead.

HUD’s mission is to create strong, sustainable, inclusive communities and quality affordable homes for all. HUD is working to strengthen the housing market to bolster the economy and protect consumers; meet the need for quality affordable rental homes: utilize housing as a platform for improving quality of life; build inclusive and sustainable communities free from discrimination; and transform the way HUD does business.

Residential Lead-Based Paint Disclosure Program: http://www.epa.gov/lead/pubs/leadbase.htm

HUD and its programs: www.hud.gov and espanol.hud.gov.

HUD on Twitter @HUDnews or on facebook at www.facebook.com/HUD.

Syngenta Crop Protection to Pay $102,000 Penalty for Sale or Distribution of Misbranded Pesticides in Nebraska and Missouri

U.S. Environmental Protection Agency, Region 7

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

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

Syngenta Crop Protection to Pay $102,000 Penalty for Sale or Distribution of Misbranded Pesticides in Nebraska and Missouri

Contact Information: Chris Whitley, 913-551-7433, whitley.christopher@epa.gov

Environmental News

FOR IMMEDIATE RELEASE

(Kansas City, Kan., May 8, 2012) - Syngenta Crop Protection LLC, of Greensboro, N.C., has agreed to pay a $102,000 civil penalty to the United States to settle a series of environmental violations related to the sale or distribution of misbranded pesticides through its facility in Omaha, Neb., and through a farm supply retailer in Savannah, Mo.

According to an administrative consent agreement filed by EPA Region 7 in Kansas City, Kan., inspections of Syngenta’s Omaha facility and a business in Chesapeake, Va., in March and April 2011 found that between March 4 and April 5, 2011, Syngenta had received 16 imported shipments of Azoxystrobin Technical, a fungicide, whose bags were not labeled with an accepted EPA label.

During a separate inspection in August 2011 at Duncan Agri-Service, Inc., in Savannah, Mo., EPA found a bulk tank of Lumax Selective Herbicide, owned by Syngenta, whose label was missing a required warning statement about the required use of personal protective equipment by persons using the pesticide.

The labeling deficiencies related to the two pesticides were in violation of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), according to the settlement.

The sale or distribution of misbranded or mislabeled pesticides can pose serious risks to human health, plant and animal life, and the environment. Without proper labeling or safety instructions on packaging, users can unintentionally misapply pesticides and may not have adequate information to address needs for first aid in the event of emergency.

As a result of EPA’s enforcement action, Syngenta was required to relabel all of the shipments in question. The company has also instituted changes in its practices to prevent similar violations.

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Man Arrested on Hazardous Waste Charges 

U.S. Attorney’s OfficeApril 25, 2012

Northern District of New York(315) 448-0672

Richard S. Hartunian, United States Attorney for the Northern District of New York, announced today the arrest of Martin S. Kimber, 59, of Ruby, New York. Kimber is charged with the illegal disposal of a hazardous waste in a manner posing a danger of death or serious bodily injury to others (also referred to as “knowing endangerment”) and with the illegal storage and disposal of hazardous waste without a permit. The complaint alleges that on March 2, 2012, Kimber was observed on hospital video surveillance cameras placing a substance on items throughout the Albany Medical Center cafeteria—where mercury was subsequently found—including on food consumed by at least one patron and on heating elements where the mercury could vaporize and be inhaled. The person who ate the contaminated food was subsequently treated in the hospital’s emergency room.

The complaint alleges that a search warrant executed at Kimber’s house and automobile resulted in the seizure of two jars of mercury. The complaint further alleges that approximately 21 guns were removed from Kimber’s residence. Literature reflecting sympathy for domestic terrorism (“The Turner Diaries”) was observed during the search; it states on the cover page, “This book contains racist propaganda” and “The FBI said it was the blueprint for the Oklahoma City bombing.” Searching officers further observed a Nazi swastika on a wall of Kimber’s home. Finally, the complaint alleges that mercury was previously deposited in numerous locations throughout the Albany Medical Center by then-unknown persons on March 28, 2011; April 11, 2011; and June 23, 2011.

The knowing endangerment charge contains a maximum possible term of incarceration of 15 years and a fine of $250,000, or twice the gross loss to any victim. The storage and disposal of hazardous waste without a permit charge contains a maximum possible penalty of five years in jail, and a fine of $250,000, or twice the gross loss to any victim.

Mercury is a known hazardous substance that has been very well studied. Among other things, mercury is a human neurotoxin that kills nerve cells, can result in brain and lung damage, respiratory failure, ataxia, speech impairment, constriction of the visual field, hearing loss and somatosensory change. Mercury is readily absorbed through unbroken skin and by intestinal absorption after ingestion. It accumulates in the body and can cause damage to internal organs including kidneys.

The allegations in the criminal complaint are mere accusations and all persons are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

This case is being investigated by special agents of the Environmental Protection Agency, Food and Drug Administration-Office of Criminal Investigations, and Federal Bureau of Investigation. Assistance has been provided by the towns of Albany and Ulster Police Departments. The case is being prosecuted by Assistant United States Attorneys Richard Bellis and Craig Benedict. Questions may be directed to AUSA Benedict at 315- 448-0672.

Columbia N.H. Sand & Gravel Facility Faces Fine for Discharging Polluted Water

News Release
U.S. Environmental Protection Agency
New England Regional Office
March 27, 2012

Contacts: David Deegan, (617) 918-1017

Columbia N.H. Sand and Gravel Facility Faces Fine for Discharging Polluted Water

(Boston, Mass. – March 27, 2012) – CSG Holdings, Inc. of Columbia, N.H. faces a possible fine of up to $532,500 from EPA for allowing polluted stormwater and process water from its Columbia facility to flow into nearby waters, in violation of the Clean Water Act.  CSG Holdings is the former operator of Columbia Sand and Gravel, a mining facility on the banks of the Connecticut River.

According to allegations in the complaint, CSG Holdings discharged process waste waters and stormwater from the facility without proper permits and violated the federal Oil Pollution Prevention Regulations by failing to prepare and implement a Spill Prevention, Control, and Countermeasure Plan. The recent complaint against CSG Holdings states that the violations were discovered by EPA’s New England office in 2010.

Stormwater monitoring by CSG Holdings confirmed that stormwater discharges from its sand and gravel mining and aggregate processing operations contain total suspended solids at levels that exceed permit benchmarks for their industrial sector.  When a facility's stormwater discharges exceed benchmark levels, the facility must review its stormwater control measures to determine if changes are necessary and make these changes as needed.

The Clean Water Act prohibits the discharge of process waste waters without a permit. The law also requires that industrial facilities, such as sand and gravel facilities, have controls in place to minimize pollutants from being discharged with stormwater into nearby waterways. Each site must have a stormwater pollution prevention plan that sets guidelines and best management practices that the company will follow to prevent runoff from being contaminated by pollutants. Without on-site controls, runoff from sand and gravel facilities can flow directly to the nearest waterway and can cause water quality impairments such as siltation of rivers, beach closings, fishing restrictions, and habitat degradation. As stormwater flows over these sites, it can pick up pollutants, including sediment, used oil, and other debris. Polluted process water discharges or stormwater runoff can harm or kill fish and wildlife and can affect drinking water quality.

Every year, thousands of gallons of oil are spilled from oil storage facilities, polluting New England waters. Even the  effects of smaller spills add up and damage aquatic life, as well as public and private property. Spill prevention plans are critical to prevent such spills or, if they do occur, adequately address them.

In May 2011, CSG Holdings sold its Columbia, N.H. facility to another owner/operator. The new owner maintains the facility’s stormwater management system and is authorized to discharge stormwater under a general permit covering discharges from industrial facilities.


More information: Stormwater control for Industrial facilities (http://cfpub.epa.gov/npdes/stormwater/indust.cfm)

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EPA Cites Realty Company for Violating Federal Law on Notice of Lead-based Paint Hazards in Reading, Pa.

EPA Cites Realty Company for Violating Federal Law on Notice of Lead-based Paint Hazards in Reading, Pa.

PHILADELPHIA (March 26, 2012) -- The U.S. Environmental Protection Agency has cited Crespo Realty, Inc. , of Flushing, N.Y., for allegedly violating a federal law requiring the company to disclose information on lead-based paint hazards to tenants renting four Reading, Pa. properties.

The Disclosure Rule under the Residential Lead-Based Paint Hazard Reduction Act requires sellers and landlords of residential housing built before 1978 (when lead-based paint was banned under federal law) to disclose to purchasers and tenants the presence of known lead-based paint hazards (or lack of knowledge of hazards). Landlords must provide a lead hazard information pamphlet; provide a standard warning statement in the lease on the dangers of lead-based paint; and include disclosure and acknowledgment language in leases.

According to EPA's complaint, Crespo Realty, Inc. did not provide the required lead hazard information and lead hazard disclosures in five leases in four residential properties in Reading.   EPA will propose a penalty for these alleged violations after giving the company an opportunity to respond to the complaint. However, the complaint notes that the statutory maximum penalty for violations of the Disclosure Rule is $11,000 per violation. Crespo has the right to a hearing to contest the alleged violations.

EPA is cooperating with other federal, state, and local agencies to protect tenants and homeowners from the health risks of lead-based paint. High blood levels of lead can cause permanent damage to the nervous system and widespread health problems, such as a reduced intelligence and attention span, hearing loss, stunted growth, reading and learning problems and behavioral difficulties. Young children, in particular, are most vulnerable because their nervous systems are still developing.

For more information on environmental, health, and legal issues involving lead, please visit http://www.epa.gov/lead/index.html. 

ReLeaf Wins Bid for Federal Environmental Education Grant

For Immediate Release: March 19, 2012Media Contact:  Mary Simms, 415-947-4270, simms.mary@epa.gov

Sacramento non-profit ReLeaf wins bid for Federal Environmental Education Grant
Nearly $100,000 in competitive subgrants will be available for California communities  

SAN FRANCISCO -- The U.S. Environmental Protection Agency is awarding $150,000 to California ReLeaf, a nonprofit organization based in Sacramento, Calif., aimed at enhancing environmental education. ReLeaf’s mission is to empower grassroots efforts to preserve and protect California's urban and community forests.

California ReLeaf will announce a solicitation for their small grant program in August 2012, and after a review process, will award up to $5,000 to each qualified organization. Eligible applicants include any local educational institutions, colleges or universities, state education or environmental agencies, and nonprofit organizations.

“These EPA funds will infuse new life into local environmental programs at a time when communities are facing tight budgets,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “I encourage schools and community groups to apply for these grants to enhance the stewardship of urban forests in their own yards and cities.”

"Today's announcement is a significant win-win for Sacramento,” said Kevin Johnson, Mayor of Sacramento. “This grant will ensure our region continues to be a national leader in the green movement and enhances our efforts to improve the region's ‘Green IQ’ – a key goal when we started the Greenwise Joint Venture. With the investment of the EPA, Sacramento is primed to help educate the next generation of environmental leaders and take its commitment to green to the next level."

Nearly $100,000 of EPA’s grant money will be redistributed by ReLeaf for 20 community projects that will engage local citizens in creating effective opportunities for environmental education learning through projects centered on tree planting and tree care. Sub-awardees will need to reach a diverse array of audiences within local communities by implementing projects designed to provide environmental education on urban forestry benefits related to air, water and climate change throughout California. The projects should provide hands-on education, give communities a sense of "ownership," and develop life-long behavior changes leading to further positive actions.

The EPA’s environmental education sub-grants program is a competitive program to increase public awareness about environmental issues, and give project participants the skills necessary to make informed environmental decisions. Approximately $150,000 will be awarded to one applicant in each of EPA’s ten Regions to manage this program.
For more information about California ReLeaf's sub-grant competition that will launch in mid-2012, please send an e-mail to info@californiareleaf.org.

For more information about EPA’s environmental education program in Region 9 contact Sharon Jang at jang.sharon@epa.gov.

For more information on the web please visit: http://www.epa.gov/enviroed/grants.html 

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Two Grants that May Be of Interest in Yakima

$15 Million Multi-Agency Challenge to Spur Job Creation in Rural Communities

Funded by the U.S. Department of Commerce’s Economic Development Administration, the U.S. Department of Agriculture, the Delta Regional Authority, and the Appalachian Regional Commission, the Rural Jobs Accelerator is expected to give out approximately 20 awards to spur job creation and economic growth in distressed rural communities. Applications due by May 9.  Informational webinar on March 20, 3:00 – 4:30 pm EDT. See here for more information.

The Rural Jobs and Innovation Accelerator Challenge leverages existing financial and technical assistance resources from 13 federal agencies and bureaus to spur economic growth in rural areas in approximately 20 regions to be selected through a competitive inter-agency grant process. The Federal Funding Opportunity (FFO) announcement will open from March 8, 2012 to May 9, 2012.

Funds awarded to the winning applicants can be used to support and accelerate a range of projects including improving rural communities’ capacity and ability to undertake projects related to housing, community facilities, or economic and community development along with creation of regional linkages that connect communities with innovation clusters and regional opportunities leading to job creation, expanded markets, and economic growth.

Roadmaps to Health: Community Grants (application deadline May 2, 2012)

http://www.rwjf.org/applications/solicited/cfp.jsp?ID=21390&cid=XEM_A5734

The program will support communities to implement policy or system changes to address one of the social or economic factors that, as defined by the County Health Rankings, most strongly influence health outcomes in their community. These include education; employment and income; family and social support; and community safety. Applicants must secure 100 percent matching support, including a cash match of at least 50 percent with the balance as in-kind support. Grantees will receive awards of up to $200,000 each for up to 24 months to implement their proposed policy or system change strategy.

You are subscribed to Yakima Groundwater Updates for U.S. Environmental Protection Agency. This information has recently been updated, and is now available.

News Release from EPA

For Immediate Release:
March 13, 2012

EPA ORDERS VOTRAN TO STOP THE APPLICATION OF AN ANTIMICROBIAL PESTICIDE TO FOG ITS VEHICLES

Contact Information:  Dawn Harris-Young, (404) 562-8421, harris-young.dawn@epa.gov

ATLANTA - The U.S. Environmental Protection Agency (EPA) issued a Stop Sale, Use, or Removal Order (SSURO) to the Volusia County Public Transportation System (Votran), located in South Daytona, Fla. for alleged violations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Votran is a service of the Volusia County government that provides transportation to all urban areas of the county with a fleet of buses, trolleys, and paratransit vehicles.

Based on a January 31, 2012 inspection of Votran’s offices, the EPA determined that Votran had been applying Sporicidin, an antimicrobial pesticide currently registered with the EPA, to the interior of its vehicles through a fogging machine.  The SSURO orders Votran to stop any further fogging of its vehicles with Sporicidin if the intended use is to disinfect the interior of vehicles via fogging. 

While Sporicidin is a registered EPA approved pesticide, its label authorizes users to apply it to pre-cleaned, hard, non-porous surfaces as a cleaner, disinfectant, and deodorizer by thoroughly wetting the surface, but does not authorize its use for fogging the interior of vehicles. Therefore, applying the disinfectant through fogging to disinfect the interior of Votran’s vehicles is not an acceptable and approved use of this product, and any such application is considered a violation of FIFRA.

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News Release from EPA Region 10 - FIFRA

EPA ensures Oregon distributor properly labels pesticides

Contact Info: Chad Schulze, EPA FIFRA Program, 206-553-0505, schulze.chad@epa.gov
Tony Brown, EPA Public Affairs, 206-553-1203, brown.anthony@epa.gov

(Seattle – March 1, 2012) Wilbur-Ellis Company, an international distributor of agricultural products located in Hood River, Oregon violated federal pesticide laws by repeatedly omitting important manufacturing information on product labels, according to a settlement with the U.S. Environmental Protection Agency.

The settlement follows an Oregon Department of Agriculture inspection of Wilbur-Ellis’s facility in 2010. Inspectors found that Wilbur-Ellis sold and distributed mislabeled “Supreme Oil,” an insecticidal spray, 37 separate times. The EPA immediately issued a Stop-Sale Order for the product and helped bring the company into compliance.

According to Scott Downey, manager of the EPA's pesticide unit in Seattle, proper labeling of pesticides is key to protecting people’s health and the environment.

“Sellers and distributors of pesticides know that proper labeling is the law.” Downey said. “These laws help ensure that agencies can track problem pesticides back to the producer when needed to protect public safety.”

Wilbur-Ellis has had similar violations of the federal Insecticide, Fungicide, and Rodenticide Act in the past. The company has agreed to pay a $50,320 fine for the violations and has committed to revising its labeling practices.

Supreme Oil is a plant-based insecticidal spray that controls a wide variety of insect pests on fruits and vegetables.

News Release from EPA - Fremont Facility

For Immediate Release: February 28, 2012

Contact: Margot Perez-Sullivan, perezsullivan.margot@epa.gov

U.S. EPA Fines Fremont facility $62,500 for Hazardous Waste Violations

SAN FRANCISCO—The U.S. Environmental Protection Agency fined Western Digital Corporation, a wafer fabrication facility that generates large quantities of hazardous wastes including solvents, acids and sulfates, $62,500 for the improper management of hazardous waste at its Fremont facility.

A 2010 inspection at Western Digital Corporation uncovered violations of federal standards governing the handling and storage of hazardous waste. In this case, the facility manufactures    components used to make hard drives, using a variety of hazardous materials.  Among the  violations were failure to properly label and seal containers, failure to control tank emissions, failure to adequately train personnel, failure to monitor equipment, failure to provide an adequate contingency plan, and failure to provide a leak detection system,

Under the EPA’s Resource Conservation and Recovery Act program, hazardous substances must be stored, handled and disposed of using measures that safeguard public health and the environment.

For more information on the Resource Conservation and Recovery Act, please visit the EPA’s web site at:  http://www.epa.gov/compliance/civil/rcra/index.html

Maryland Company Settles Pesticides Violations

News release from EPA Region 3:

Maryland Company Settles Pesticides Violations

PHILADELPHIA (February 9, 2012) -- PAMEX Foods, Inc. of Forestville, Md., has agreed to pay a $158,880 civil penalty to settle alleged violations of federal pesticide regulations, the U.S. Environmental Protection Agency announced today.

EPA cited PAMEX for violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), a federal law requiring the registration of pesticide products and pesticide-production facilities, and the proper labeling of pesticides.

FIFRA's requirements protect public health and the environment by ensuring the safe production, handling and application of pesticides; and by preventing false, misleading, or unverifiable product claims. FIFRA also prohibits the marketing of misbranded, improperly labeled, or adulterated pesticides.

EPA alleged that PAMEX violated FIFRA by selling two unregistered pesticides, Fabuloso Aroma de Bebe and Clorox Magia Floral, from its distribution facility located at 7900 Parston Dr., Forestville, Md. Fabuloso Aroma de Bebe, marketed as an antibacterial product, was sold 161 times, and Clorox Magia Floral, marketed as a disinfectant, was sold once.

As part of the settlement, the company neither admitted nor denied liability for the alleged violations, but has certified that it is now in compliance with FIFRA requirements.

For information about pesticides, call EPA's hotline at: 1-800-858-7378.

The U.S. Environmental Protection Agency also offers a hotline for Spanish-speaking citizens: a toll-free hotline where questions can be answered about pesticides. The Hotline Number is 1-888-919-4372.

For more information about EPA's pesticide program, visit: www.epa.gov/pesticides/.

Note: If a link above doesn't work, please copy and paste the URL into a browser.


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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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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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EPA Reaches Settlement with Companies to Pay Cleanup Costs

News Release from EPA Region 3:

EPA reaches settlement with companies to pay cleanup costs for Occidental Chemical Corp. Superfund site

       PHILADELPHIA (January 25, 2012) -- The U.S. Environmental Protection Agency today announced that current and former owners and operators of the Occidental Chemical Corporation Superfund Site in Lower Pottsgrove Township, Montgomery County, Pa. have agreed to pay $2.1 million in past cleanup costs for the site.

In a consent decree filed in federal court by the Justice Department on behalf of EPA, the companies also assumed responsibility for all future cleanup costs at the site. The companies included Occidental Chemical Corporation (OxyChem), Bridgestone Americas Tire Operations and Glenn Springs Holdings, Inc.

Under the “Superfund” law, the landowners, waste generators and waste transporters that are responsible for the contamination of a Superfund site must either clean up the site, or reimburse the government or other parties for cleanup activities.

OxyChem currently owns the site where it manufactured polyvinyl chloride (PVC) plastic resins from 1980 to 2005. OxyChem purchased the site from Firestone Tire & Rubber Company(now known as Bridgestone Americas Tire operations), which manufactured tires and PVC there from approximately 1945 to 1980. Settling defendant Glenn Springs Holdings, Inc., a corporate affiliate of OxyChem, is the current operator of the site.   Glenn Springs assumed management of the site in 2005 after OxyChem closed its PVC-manufacturing facility.

From 1942 to 1985, operators used the site for disposal of industrial wastes including cutting oils, metal filings, tires, and PVC sludge resins. In 1989, EPA placed the site on its Superfund list of the nation’s most contaminated sites to address unsafe levels of trichloroethylene (“TCE”), vinyl chloride, and other hazardous substances in the soil and groundwater. OxyChem, under EPA oversight, performed remedial action at the site and completed construction in 2008.

            Additional information on the site is available at: http://www.epa.gov/reg3hwmd/super/sites/PAD980229298/index.htm .    

Acid Rain Study Shows Decreases, But More Progress Needed

News Release from the U.S. Geological Survey:


Acid Rain Study Show Substantial Decreases, But More Progress Is Needed
Released: 1/19/2012 4:23:54 PM

Contact Information: U.S. Department of the Interior, U.S. Geological Survey Office of Communications and Publishing 12201 Sunrise Valley Dr, MS 119 Reston, VA 20192

WASHINGTON, D.C. -- Measurable improvements in air quality and visibility, human health, and water quality in many acid-sensitive lakes and streams, have been achieved through emissions reductions from electric generating power plants and resulting decreases in acid rain. These are some of the key findings in a report to Congress by the National Acid Precipitation Assessment Program, a cooperative federal program.
The report shows that since the establishment of the Acid Rain Program, under Title IV of the 1990 Clean Air Act Amendments, there have been substantial reductions in sulfur dioxide (SO₂) and nitrogen oxides (NO_x) emissions from power plants that use fossil fuels like coal, gas and oil, which are known to be the primary causes of acid rain. As of 2009, emissions of SO₂ and NO_x declined by about two-thirds relative to levels in the 1990s. These emissions levels declined even further in 2010, according to recent data compiled by the U.S. Environmental Protection Agency.

Because emission reductions result in fewer fine particles and lower ozone concentrations in the air, in 2010 there were thousands fewer premature human deaths, hospital admissions, and emergency room visits annually leading to estimated human health benefits valued at $170 to $430 billion per year.

"The SO2  [portion of the] program includes the use of a creative emissions cap-and-trade program that combines the best of American science, government, and market-driven innovation," said Dr. John P. Holdren, director of Office of Science and Technology Policy and assistant to the President for science and technology.

Despite these emission reductions, the report also indicates that full recovery from the effects of acid rain is not likely for many sensitive forests and aquatic ecosystems. For example, in the Adirondack Mountains of New York, an especially sensitive region, 30 percent of the lakes were receiving acid rain during 2006-08 in excess of the level needed to prevent harm.

Based on models which analyze various emission scenarios, the report concludes that beyond current SO₂  and NO_x emission levels, future emission reductions would likely promote additional and more widespread recovery as well as to prevent further acidification in some U.S. regions.

"The principal message of this report is that the Acid Rain Program has worked. The emissions that form acid rain have declined and some U.S. areas are beginning to recover," said Doug Burns, lead author and director of the NAPAP and also a U.S. Geological Survey hydrologist. "However, some sensitive ecosystems are still receiving levels of acid rain that exceed what is needed for full and widespread recovery.  We have every reason to believe that recovery will continue with further decreases in emissions which is why further emission reductions would be beneficial."

The NAPAP reports to Congress on the latest scientific information and analysis concerning the costs, benefits, and environmental effectiveness of the Acid Rain Program, which was established by the Clean Air Act Amendments to reduce the primary sources of acid rain. Member agencies include the National Oceanic and Atmospheric Administration, the Environmental Protection Agency, the Departments of Energy, Interior and Agriculture, and the National Aeronautics and Space Administration.

Acid rain occurs when emissions of SO₂ and NO_x react in the atmosphere with water, oxygen, and oxidants to form acidic compounds. These emissions may be transported hundreds of miles away from their emitting sources, and have the potential to impact large areas and populations.

Together these acidic compounds can damage human health, and in addition to degrading air quality and visibility, can cause further environmental damage, including acidification of lakes and streams, harm to sensitive forests and coastal ecosystems, and accelerate the decay of building materials. Adverse ecological impacts from acid rain include reductions in biodiversity, an increased risk of damaging forest fires, and increased susceptibility of trees to pests, disease, and winter temperatures.

The report also highlights the need for better information including the costs and benefits to ecosystems from emission reductions, consideration of the role of climate change, and the interactions of multiple pollutants.
This report, "National Acid Precipitation Assessment Program Report to Congress 2011: An Integrated Assessment," is available online.

Corps Discusses Environmental, Economic Benefits of Restoration

News Release from the U.S. Army Corps of Engineers:

Corps discusses environmental, economic benefits of restoration at Everglades Coalition Conference Posted 1/20/2012 By Jenn Domashevich Jacksonville District STUART, Fla. -- Representatives from the U.S. Army Corps of Engineers, Jacksonville District spoke at the 27th Annual Everglades Coalition Conference, Jan. 5-8, 2012, in Stuart, Fla., the largest annual forum for discourse on Everglades restoration and conservation. This year's theme was "Everglades Restoration: Worth Every Penny," and much discussion was driven around the environmental and economic benefits of restoration. Stu Appelbaum, chief of Jacksonville District's Planning and Policy Division, spoke as a panelist on the "Expediting Return on Restoration Investments through the Central Everglades Planning Process" plenary session Jan. 6. The panel's discussion was primarily focused on the Central Everglades Planning Project, which has set a goal to deliver within two years a finalized plan, known as a Project Implementation Report, for a suite of restoration projects in the central Everglades in preparation for congressional authorization as part of the Comprehensive Everglades Restoration Plan (CERP). The Corps is leading this planning effort in partnership with the South Florida Water Management District (SFWMD). "I have heard concerns about the fast pace of this project and if you can keep up with us," said Appelbaum in regards to the Central Everglades Planning Project. "Yes, you can. We want you to keep up with us and we want you to stay involved. We invite you to be a part of the process with us." The panel included Terrence "Rock" Salt, Principal Deputy Assistant Secretary of the Army for Civil Works; Herschel Vinyard, Secretary of the Florida Department Environmental Protection; Shannon Estenoz, Director of Everglades Restoration Initiatives for the Department of the Interior; and Melissa Meeker, Executive Director of the SFWMD. "One thing I learned from my boss is if you get the planning right, the money will follow," said Salt. "If it's the right thing to do and we're moving forward, the money will be there." Similar thoughts were expressed by Jo-Ellen Darcy, Assistant Secretary of the Army for Civil Works, as she spoke during a lunch session Jan. 6. "Together, with our partner, the South Florida Water Management District, we're going to have more action and less paper pushing," Darcy said as she referenced the Central Everglades Planning Project. "I am proud to say that the study's scoping process is on track and will be completed by the end of the month. I hope to be invited here again next year so I can come back with the draft PIR (Project Implementation Report) in hand for the central Everglades." During the conference, Darcy was presented with the James D. Webb Award for ushering in a new realm of consistent progress in Everglades restoration. "She has provided guidance, inspiration and leadership for so many people in this room, and for that we thank you," said Julie Hill-Gabriel, State Everglades Coalition Co-Chair, who presented the award along with Dawn Shirreffs, National Everglades Coalition Co-Chair. Also recognized during the conference was Jacksonville District Commander Col. Alfred Pantano, Jr., who received the Bill Sadowski Award on behalf of 1000 Friends of Florida in recognition of outstanding and distinguished service to the state of Florida, the Everglades and its restoration. Nathaniel Reed, Vice Chairman of the Everglades Foundation, presented Pantano with the award on behalf of 1000 Friends, where he serves as chairman emeritus and founder. Reed had also expressed his gratitude to Pantano during an earlier conference session. "What can we say to a friend, a dynamic man, who attracted a superb staff to work with him," Reed said. "We say thank you for your time, energy, perception and leadership." Pantano served as a panelist during the "Managing Lake Okeechobee for Shared Prosperity: Who Gets What, When, and How Much" panel Jan. 7, which discussed what can be done to share Lake Okeechobee's prosperity. "I do believe as Americans, we need to get real about fresh water," said Pantano. "Water is our most precious resource. You all have a responsibility to tighten up your views and your culture of the lake. Don't get consumed by small battles and lose sight of the bigger goal." The panel included Dr. Paul Gray, Lake Okeechobee Watershed Program Science Coordinator of the Audubon of Florida; Irene Kennedy Quincy, partner at Pavese Law Firm; Rae Ann Wessel, Natural Resource Policy Director of the Sanibel-Captiva Conservation Foundation; and Mary Ann Martin, owner of Roland and Mary Ann Martin's Marina and Resort. "Conservation is critical. If the lake's not healthy, the rest of the system is not going to be healthy. It's that simple," said Wessel. "It's not that we don't have enough water, it's that we're not sharing it nicely." Additional discussions focused on how to maximize project benefits and continue much-needed momentum to keep restoration benefits moving forward by operating projects at their full potential in the "Operating Projects to Benefit Southern Estuaries" breakout session Jan. 7. In this session, Howard Gonazales, chief of the Ecosystem Branch, served as a panelist. "We're really out ahead in regards to adaptive management," said Gonzales. "We are already putting these items into effect, which allows us to have project monitoring in place. We are monitoring everything from water quality to ecology to confirm that projects are performing the way they need to perform." Also serving as a panelist at this year's conference was Tori White, deputy chief of the Regulatory Division, who spoke during the "Restoration in Lean Times: Doing More with Less" breakout session Jan. 7, which discussed how to get ecosystem restoration projects built in light of state and federal cutbacks. "When determining appropriate compensatory mitigation, pursuant to our regulations, the Corps can consider whether a proposed mitigation project for ecosystem restoration, such as a CERP component, is environmentally preferable and would have a higher likelihood of ecological success and sustainability than mitigation at a federally-permitted mitigation bank or in lieu of fee," said White. "If CERP identified land is determined to be the most appropriate compensation, the permit's special conditions will provide for appropriate monitoring and maintenance in the interim if and until incorporated into a federal project. The permit condition must also clearly state that such land or mitigation cannot be used as local sponsor credit or in-kind contribution toward the federal project since that would constitute supplanting of ecological credits required for another purpose."