Three Utah facilities to pay penalties for Risk Management Program violations

Press release:

Three Utah facilities to pay penalties for Risk Management Program violations

Clean Air Act requirements designed to prevent accidental releases of hazardous chemicals

Contacts: David Cobb, 303-312-6592; Richard Mylott, 303-312-6654

(Denver, Colo. - Aug 6, 2012) Three facilities in Utah -- Utah Olympic Park (Park City), Duchesne Valley Water Treatment Plant (Duchesne), and Ashley Valley Water Treatment Plant (Vernal) -- have agreed to pay civil penalties and correct violations associated with the safe management and use of hazardous chemicals.

The penalties, collectively totaling $11,650 at all three sites, were assessed under the federal Clean Air Act which requires the development of Risk Management Programs for all public and private facilities that manufacture, process, use, store, or otherwise handle flammable and toxic chemicals such as chlorine and anhydrous ammonia.
"These requirements ensure that facilities have up-to-date procedures in place to prevent and respond to releases of toxic chemicals used on-site,” said Mike Gaydosh, EPA’s Enforcement Director in Denver. “Failure to comply with these requirements can leave the public and environment at risk from accidental releases."

By agreeing to the settlements, all three facilities have certified that they are now in compliance with federal Risk Management Program regulations. Utah Olympic Park will pay total penalties of $7,000. Duchesne Valley Water Treatment Plant will pay total penalties of $2,470. Ashley Valley Water Treatment Plant will pay total penalties of $2,180. Duchesne Valley and Ashley Valley are both owned and operated by the Central Utah Water Conservancy District.

EPA inspected the three facilities in 2011 and found various violations of Risk Management Program regulations designed to prevent accidental chemical releases and minimize the impact of releases or other accidents that may occur. The three Utah facilities are subject to these regulations because they store highly toxic chemicals above regulatory thresholds.

The establishment of effective risk management plans help companies, industries and municipalities operate responsibly, assist emergency responders by providing vital information necessary to address accidents and other incidents, protect the environment by preventing and minimizing damage from accidental releases, and keep communities safer.

For more information on the Clean Air Act and risk management requirements: http://www.epa.gov/oem/content/rmp/caa_faqs.htm

Portland chemical manufacturer failed to publicly disclose data on chemical use

Portland chemical manufacturer failed to publicly disclose data on chemical use

Contact: 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—May 3, 2012) Kanto Corporation, a Portland, Oregon chemical manufacturer, failed to report the use of toxic chemicals at its facility in violation of community right-to-know laws, according to a settlement with the U.S. Environmental Protection Agency. The company has agreed to correct violations of the federal Toxics Release Inventory Program and pay a fine.

“Companies that use toxic chemicals are required to report usage, releases, treatment and other activities so communities know what’s in their neighborhoods,” said Kelly Huynh, Manager of the Inspection and Enforcement Management Unit in EPA’s Seattle office. “We use this information to ensure the public has accurate and up-to-date information about chemicals across the country.”

Kanto Corporation is a chemical manufacturing company whose products are primarily used in the manufacture of semiconductors.

EPA found that the company used over 25,000 pounds each of ammonia, hydrogen fluoride and nitric acid in 2009 and failed to report information on its use of those chemicals. These toxic chemicals can affect the eyes, skin and respiratory system.

Under the terms of the settlement, the company has resolved the violations and will pay a penalty of $58,200.

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/

Jerome dairy processing facility failed to publicly disclose chemical use and disposal

Jerome dairy processing facility failed to publicly disclose chemical use and disposal

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—April 26, 2012) Idaho Milk Products, Inc., a dairy processing facility in Jerome, Idaho, failed to publicly report the use and disposal of several hundred thousand pounds of toxic chemicals in violation of community right-to-know laws, 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.

“Communities have a right to know what chemicals companies are using and potentially releasing into the environment,” said Kelly Huynh, manager of the TRI program at EPA in Seattle. “Accurate and timely numbers from companies are the foundation of these rules so citizens have access to the most current information.”

Idaho Milk Products processes tens of millions of pounds of milk annually at its facility in Jerome.

The facility used several hundred thousand pounds of nitric acid as a cleaning agent in 2009. When treated, nitric acid produces nitrate compounds, which the company released to the local wastewater treatment plant. Idaho Milk Products is required under the Toxics Release Inventory to report toxic chemical releases. According to EPA, the company failed to report the treatment and disposal of nitric acid and nitrate compounds in 2009.

Nitric acid can harm the eyes, skin, respiratory system and teeth.

The company has submitted the required reports to EPA and the State of Idaho to resolve the violations and agreed to pay a penalty of $52,100.

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.

Logan Airport Oil Storage Facility Operators Fined for Inadequate Oil Spill Training

News Release
U.S. Environmental Protection Agency
New England Regional Office
March 28, 2012
Contact: Paula Ballentine, (617) 918-1027

Logan Airport Oil Storage Facility Operators Fined for Inadequate Oil Spill Training

(Boston, Mass. – Mar. 28, 2012) – BOSFuel Corp. and Swissport Fueling, Inc., operators of an oil storage facility at Boston’s Logan Airport, will pay a $90,000 penalty for failing to take adequate precaution to contain oil spills.  The Logan facility is operated by BOSFuel, a consortium of major airlines, and has an oil storage capacity of over seven million gallons. Swissport Fueling operates the facility on a day-to-day basis.

In a Sept. 2011 complaint, EPA asserted that the companies had not properly prepared for possible oil spills at the Logan facility in violation of federal oil pollution prevention regulations issued under the Clean Water Act.  These Facility Response Plan (FRP) regulations require certain facilities, such as the one at Logan, to have a response plan for containing and cleaning up an oil release.


EPA’s action stemmed from a May 2011 unannounced exercise at the facility carried out by EPA, the Massachusetts Dept. of Environmental Protection (Mass DEP) and the U.S. Coast Guard. The objective of this exercise - a simulated oil spill - was to determine whether a facility can successfully respond to an oil release.  As a result of the exercise, EPA determined that the companies were unable to properly implement the facility’s FRP and its personnel were not adequately trained, resulting in an “unsuccessful” overall rating for the exercise. 


Since EPA filed its action, the companies have worked cooperatively with EPA, as well as the USCG and Mass DEP to correct the deficiencies noted during the exercise.

Federal law requires that facilities that have the potential for spills take every step possible to prevent, before they occur, oil discharges to the nation’s rivers, lakes and oceans through implementation of Spill Prevention Control & Countermeasure (SPCC) plans.  Any facility with more than 1,320 gallons of above-ground oil storage capacity and meeting certain other criteria must develop and implement SPCC plans to prevent and contain spills, such as by installing impervious secondary containment around storage tanks and transfer areas.  Facilities also need to know how to react to a spill to minimize environmental damage when one does occur.  The FRP regulations require response planning and spill preparation especially for facilities with more than one million gallons of storage capacity. To ensure that a facility can adequately response to a spill, it must have adequate employee training, spill response equipment, and a contingency plan for containing and cleaning up a release.

While EPA’s action against the Logan Airport oil storage operators is not based on an actual oil release but on the unsuccessful May 2011 unannounced exercise, other facilities should be aware that EPA will continue to pay unannounced visits to conduct simulated spill exercises at facilities throughout New England.


More information:
FRP Requirements (http://www.epa.gov/emergencies/content/frps/index.htm )
SPCC Requirements (http://www.epa.gov/emergencies/content/spcc/index.htm)

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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

StateRules: March 2012 - Columns - Pollution Engineering

StateRules: March 2012 - Columns - Pollution Engineering

News Release from EPA Region 2 - New Position

New EPA Position to Enhance Community Involvement

on St. Croix

Contact: Mary Mears 212 637 3673; mears.mary@epa.gov

(New York, NY – March 8, 2012) The U.S. Environmental Protection Agency today announced that it will for the first time station a community involvement coordinator for the U.S. Virgin Islands on St. Croix. In mid-March, Geoffrey M. Garrison will begin his tenure in the Virgin Islands and will be handling a combination of community outreach and some emergency response work. Specifically, Geoff will oversee activities at the shutdown HOVENSA facility, respond to pollution releases and support the work of the U.S. Virgins Islands Recycling Partnership.

Geoff has been with the EPA’s Caribbean Environmental Protection Division in San Juan, Puerto Rico since 2000, where he did emergency response work under the Superfund program. He has responded to large scale emergencies, including the World Trade Center attack, Hurricane Katrina in Louisiana and Mississippi and the CAPECO Refinery explosion in Cataño, Puerto Rico. At the local level, Geoff worked in close cooperation with the U.S. Virgin Islands Department of Planning and Natural Resources to address spills at the former St. Croix Alumina site, HOVENSA, and other oil or chemical releases.

For the last four years, Geoff has served in the U.S. Army Reserves, holding the rank of Colonel, as the U.S. Virgin Islands Emergency Preparedness Liaison Officer in St. Croix. In this capacity, he is responsible for planning, coordinating with local, territorial and federal agencies throughout the U.S. Virgin Islands. He has served during major storms as liaison to the National Guard and Virgin Islands Territorial Management Agency, assisting the Defense Coordinating Officer in integrating active military support if requested by the U.S. Virgin Islands government.

Prior to joining the EPA, Geoff served for 10 years as an Engineer Officer in the U.S. Army, rising to the rank of Captain. He served as commander of a Combat Heavy Engineer Company that deployed to Desert Shield/Storm in Iraq. He also served as Resident Engineer for the U.S. Army Corps of Engineers in Athens, Greece, and Assistant Professor of Military Science at the University of Puerto Rico, Mayaguez campus.

Geoff holds a Bachelor’s degree in Civil Engineering from Georgia Institute of Technology and a Master’s degree in Environmental Engineering from the University of Puerto Rico, Mayaguez. Geoff is bilingual and fluent in Spanish.

In light of ongoing pollution problems related to various St. Croix facilities and the recent shutdown of the HOVENSA oil refinery, the EPA determined that it would be beneficial to assign someone with technical skills to the position on St. Croix. Along with his technical training, skills and experience, Geoff brings to this new position a strong understanding of community involvement, having planned and participated in outreach to impacted communities throughout the Caribbean.

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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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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Food Processing Facility to Pay Nearly $700K in Penalties

News release from EPA Region 9:


FOR IMMEDIATE RELEASE: January 31, 2012                                                          

DOJ (202) 514-2007 / TDD (866) 544-5309                 
EPA (415) 947-4270


SOUTH SAN FRANCISCO FOOD PROCESSING FACTORY WILL PAY NEARLY $700,000 IN PENALTIES,
SPEND $6 MILLION TO UPDATE REFRIGERATION SYSTEM SAFETY

Upgrades at South San Francisco Salami Factory Following Hazardous Ammonia Cloud that Left 17 Hospitalized

WASHINGTON – South San Francisco food processor Columbus Manufacturing Inc., a wholly owned subsidiary of Columbus Foods LLC, has agreed to pay a penalty and make significant upgrades to settle Clean Air Act violations, the Department of Justice and the U.S. Environmental Protection Agency announced today.  The case stems from two releases of anhydrous ammonia that occurred in 2009 at its manufacturing facility located in South San Francisco, Calif.  

The releases were the result of Columbus’ failure of its general duty of care to identify hazards and to maintain a safe facility and its failure to comply with regulatory requirements for process safety management under Section 112(r) of the Clean Air Act.

“This settlement appropriately penalizes Columbus for violations of the Clean Air Act that resulted in two illegal releases of poisonous gas that put the community at risk, including one release that caused the hospitalization of people in the affected community,” said Ignacia S. Moreno, Assistant Attorney General of the Environment and Natural Resources Division at the Department of Justice. “Today’s agreement will prevent future violations of the Clean Air Act safety standards by requiring Columbus to upgrade its refrigeration technology and emergency notification system.”  

“Columbus is responsible for letting plumes of poisonous gas escape into the open air,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest.  “Our goal is to safeguard neighbors and workers by requiring critical improvements to the company’s plant to prevent these industrial accidents from happening again.”  

As part of the consent decree announced today, Columbus will pay a penalty of $685,446 and spend approximately $6 million converting its refrigeration system to a safer technology that uses glycol and ammonia.  The company will also improve its alarm and ammonia release notification procedures.   

The first accidental ammonia release, in February 2009, sent 217 pounds of poisonous gases into the atmosphere. Six months later in August 2009, the plant again released an ammonia cloud, this time approximately 200 pounds of anhydrous ammonia was released into the atmosphere.  

The August incident resulted in the evacuation of all facility employees and several neighboring businesses.  Nearly 30 people from the downwind Genentech campus sought medical attention and 17 individuals were hospitalized.  One person remained hospitalized for four days.  In addition, off-ramps from Highway 101 and several local streets were shut down as a result of the release.  

EPA took action following the August 2009 incident, ordering Columbus to complete initial upgrades to its ammonia refrigeration system, including the replacement of safety relief valves and components with any signs of corrosion, and the proper labeling of all its piping.  In 2011, the company paid $850,000 in fines to San Mateo County as a result of the incident.   

Anhydrous ammonia is considered a poisonous gas.  Exposure to its vapors can cause temporary blindness and eye damage, and irritation of the skin, mouth, throat, respiratory tract and mucous membranes.  Prolonged exposure to anhydrous ammonia vapor at high concentrations can lead to serious lung damage and even death.  Anhydrous ammonia is one of the listed extremely hazardous substances to which Section 112(r) of the Clean Air Act applies.

Enforcement of the general duty of care and of the regulatory requirements under Section 112(r)(1) and (7) of the Clean Air Act  is critical to ensuring that industry focuses on the safety of the public and the environment.  

For more information, including a copy of the consent decree lodged in the U.S. District Court for the Northern District of California, please visit:  www.epa.gov/region09/superfund/emerprep.html

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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