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

U.S. Environmental Protection Agency, Region 7

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

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

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

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

Environmental News

FOR IMMEDIATE RELEASE

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

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

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

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

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

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Shipbuilder and Ship Engine Manufacturer Agree to Pay Civil Penalty and Perform Environmental Project to Resolve Clean Air Act Violations

FOR IMMEDIATE RELEASE
March 28, 2012

Shipbuilder and Ship Engine Manufacturer Agree to Pay Civil Penalty and Perform Environmental Project to Resolve Clean Air Act Violations

First enforcement action under marine diesel engine air rules

WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that Coltec Industries Inc., (Coltec) and National Steel and Shipbuilding Company (NASSCO) have agreed to pay a civil penalty of $280,000 and spend approximately $500,000 on an environmental project to resolve alleged violations of the Clean Air Act (CAA) and EPA’s marine diesel engine air rules. The project will significantly reduce nitrogen oxide emissions from a testing stack at Coltec’s Beloit, Wis., engine manufacturing facility, improving air quality for residents. Coltec and NASSCO also agreed to attach the required EPA engine labels to 40 ship engines that were previously unlabeled or improperly labeled.
“EPA is committed to enforcing the Clean Air Act’s standards for engines, including ship engines,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “By ensuring that engines meet requirements and encouraging environmental projects that benefit nearby communities, we are making the air cleaner and healthier for the residents of southern Wisconsin.”
“This is the first time a settlement addresses Clean Air Act violations in the marine engine manufacturing and ship building industries. Under the settlement, Coltec and NASSCO will pay a just penalty and achieve compliance with the nation’s Clean Air Act and EPA’s emissions control regulations,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division. “Compliance with the Clean Air Act by all industries is essential to preventing harmful pollutants from being released into the environment, whether on land or at sea.”
The CAA prohibits marine diesel engines from being sold in the U.S. unless the engines are covered by a certificate of conformity and have an EPA label indicating that the engine meets applicable emission standards. Engines that are not certified may be operating without proper emissions controls and emitting excess carbon monoxide and nitrogen oxides. These excess emissions can cause respiratory illnesses, aggravate asthma and contribute to the formation of ground level ozone or smog.
On Sep. 30, 2010, the United States filed a complaint which alleged that Coltec violated the CAA by manufacturing and selling 32 marine diesel engines that were not covered by an EPA-issued certificate of conformity and that NASSCO violated the CAA by installing those engines in ships that NASSCO built and sold to the U.S. Navy. The complaint also alleged that the 32 uncertified Coltec engines, plus eight more certified engines Coltec sold to NASSCO, had missing or improper emissions compliance labels required by EPA’s regulations. Finally, the complaint alleged that NASSCO further violated the CAA by manufacturing and selling ships containing an additional six uncertified engines.
The settlement also includes a supplemental environmental project in which Coltec and NASSCO will install a nitrogen oxide (NO_x) control system to an engine test stand exhaust stack connected to Coltec’s Beloit, Wis., engine manufacturing facility. The engine test stand is used for testing large marine diesel engines that are manufactured and sold by Coltec for use in U.S. Navy ships. The NO_x controls required by the settlement are estimated to reduce levels of NO_x by at least 85 percent, from approximately 102 pounds emitted per hour to approximately 16 pounds per hour. The estimated cost to implement the project is $500,000 and will benefit the city of Beloit, Wis., by improving air quality near the facility, particularly in the adjacent Merrill neighborhood.
Coltec is a subsidiary of EnPro Industries Inc. and operates Fairbanks Morse Engine (FME), which supplies marine propulsion and ship service systems to the U.S. Navy and U.S. Coast Guard.
NASSCO is a subsidiary of General Dynamics. NASSCO designs and builds support ships, oil tankers, and dry cargo carriers for the U.S. Navy and commercial markets.

The consent decree, lodged in the U.S. District Court for the District of Columbia, is subject to a 30-day public comment period and court approval.
More information on the settlement: http://www.epa.gov/compliance/resources/cases/civil/caa/coltec.html

News Release from EPA - Sumter Coatings

Sumter Coatings Inc. to Pay Civil Penalty for Resource Conservation and Recovery Act Violations 

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

(ATLANTA - Feb. 27, 2012) — Sumter Coatings Inc. (SCI) agreed to pay a $55,000 civil penalty as part of a settlement with the U.S. Environmental Protection Agency (EPA) for a series of hazardous waste violations at its facility in Sumter, South Carolina.  As part of the settlement, SCI agreed to develop a personnel training program, develop a schedule for implementation of the training program and identify facility employees that require training. 

SCI manufactures paints and coatings primarily for the steel and farm implement industry. SCI also blends raw materials onsite to create custom coatings. The violations were observed during April 2010, when inspectors from the EPA and the South Carolina Department of Health and Environmental Control performed a Resource Conservation and Recovery Act (RCRA) Compliance Evaluation Inspection.

The settlement resolves several alleged violations that were noted during the inspection. The alleged violations include:

• Improper management of hazardous waste containers on site;
• Failure to provide a sufficient base beneath containers which held hazardous waste;
• Failure to make a hazardous waste determination;
• Failure to inspect all areas where hazardous waste containers are stored weekly;
• Failure to develop personnel training program to ensure compliance with hazardous waste management’s;
• Failure to update information contained in the contingency plan, along with failing to make arrangements with local police and hospital authorities regarding the contingency plan and submitting copies of the contingency plan to first responders.

SCI implemented the process changes to reduce the risk of release from hazardous waste containers.  The changes include: labeling all containers with the necessary information; reducing the number of locations where short term storage occurs; changing container sizing and completing all necessary waste determinations.  SCI also applied a non-porous sealant to the base floor surface where the majority of hazardous waste containers are staged during regular operations. 

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Titan Environmental Services to Pay $10,878 Penalty

News release from EPA Region 7:

U.S. Environmental Protection Agency, Region 7

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

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

Titan Environmental Services to Pay $10,878 for Violations of Residential Lead-Based Paint Hazard Reduction Act

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

Environmental News

FOR IMMEDIATE RELEASE

(Kansas City, Kan., Feb. 6, 2012) - Titan Environmental Services, Inc., of Kansas City, Mo., has agreed to pay a $10,878 civil penalty to the United States to settle a series of violations of the Residential Lead-Based Paint Hazard Reduction Act, including failures to provide required hands-on training to contractors and other renovation professionals who enrolled in some of its training courses.

As part of its settlement with EPA Region 7, and in addition to paying the $10,878 civil penalty, Titan Environmental Services has agreed to offer the federally-required hands-on training at no cost to trainees who were enrolled in the company’s classes where EPA found violations.

The company has also agreed to perform a supplemental environmental project, through which it will spend at least $97,902 to fund lead abatement activities at five residential properties in St. Joseph, Mo. The project will cover window replacement and lead-based paint abatement, to be performed by entities licensed and/or certified by the State of Missouri. Titan Environmental Services must submit detailed work plans to EPA for approval before the abatement activities begin, and follow-up reports to the Agency when those activities are completed, under terms of the settlement.

According to an administrative consent agreement and final order filed by EPA Region 7 in Kansas City, Kan., Titan Environmental Services’ violations of the Residential Lead-Based Paint Hazard Reduction Act were based on findings from three EPA inspections: a May 2010 recordkeeping inspection at the company’s Kansas City business office, an October 2010 inspection at a lead-based paint training course given by the company at a hotel in Osage Beach, Mo.; and an October 2010 follow-up recordkeeping inspection at the company’s business office.

The Residential Lead-Based Paint Hazard Reduction Act of 1992, which amended the Toxic Substances Control Act (TSCA), was designed to address the need to control exposure to lead-based paint hazards. The law directs EPA to regulate the accreditation of training programs offered to renovation professionals, including minimum requirements for training providers, training curriculum, training hours, hands-on training, trainee competency and proficiency, and requirements for training program quality control.

Common renovation activities like sanding, cutting and demolition can produce hazardous lead dust that can be harmful to adults and children.

EPA’s inspections found that, despite being accredited in August 2009 to offer training in the Renovator Initial Course – English, Titan Environmental Services: 

• Failed to properly notify EPA at least seven days in advance of offering training on at least six occasions during 2010.
• Failed to properly notify EPA within 10 days after completions of training on at least 35 occasions during 2010.
• Failed to maintain and make available to EPA necessary documents showing the education, work experience, training requirements or demonstrated experience for the principal instructor of a course offered in April 2010.
• Failed to cover all required portions of hands-on training activities during training courses provided on at least four occasions in April 2010 and October 2010.
• Failed to maintain and make available to EPA the necessary student assessment forms for training courses provided on at least two occasions in April 2010. 

By agreeing to the settlement with EPA, Titan Environmental Services has certified that it is presently in compliance with the applicable federal regulations.

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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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Oregon Potato Company Pays EPA Penalty for Failing to Report

News release from EPA:

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

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

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

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


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


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


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


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


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


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

Southern Wood Piedmont Co. Settles Financial Assurance Claims

News Release from EPA Headquarters:

FOR IMMEDIATE RELEASE
January 23, 2012

Southern Wood Piedmont Company Settles Financial Assurance Claims

WASHINGTON — The U.S. Environmental Protection Agency (EPA) announced that Southern Wood Piedmont Company and its parent company, Rayonier Inc., have agreed to pay a $317,000 penalty to resolve violations of hazardous waste financial assurance requirements and have obtained more than $41.7 million in financial assurance. Financial assurance protects public health and the environment by ensuring that financial resources are available to properly close and clean up facilities in the event that an owner or operator defaults on its closure, post-closure, or cleanup obligations under environmental laws.

“EPA is committed to bringing hazardous waste facilities into compliance with financial assurance requirements that prevent shifting future cleanup costs onto taxpayers,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement will reduce the likelihood of improper handling of hazardous waste and ensure that environmental damage at these facilities can be properly cleaned up.”

On February 4, 2010, EPA sent a notice of violation to Southern Wood Piedmont Company notifying the company that its hazardous waste facilities were not in compliance with applicable financial assurance requirements under the Resource Conservation and Recovery Act (RCRA) and it needed to obtain qualifying financial assurance for these obligations.

 Southern Wood Piedmont Company also had inadequate RCRA financial assurance coverage at a facility in Chattanooga, Tenn. not covered by EPA’s administrative agreement. In 2010, EPA worked with Tennessee to ensure that Southern Wood Piedmont Company obtained an additional $1.6 million in financial assurance for that facility.

Southern Wood Piedmont Company is a wholly-owned subsidiary of Rayonier, Inc., a global forest products company, involved in the ownership, leasing, and management of forest resources and related real estate, and the production of performance fibers.

More information on the settlement:

http://www.epa.gov/compliance/resources/cases/civil/rcra/swp.html

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