EPA Takes Action against Buffalo Area Gas Stations to Protect Ground Water from Petroleum Contamination

Press release:

EPA Takes Action against Buffalo Area Gas Stations to

Protect Ground Water from Petroleum Contamination

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

(New York, N.Y. – August 14, 2012) The U.S. Environmental Protection Agency has issued a legal complaint to the owners and operators of twenty-two underground storage tanks at gasoline stations in the Buffalo, New York area for violating various federal regulations dealing with ground water from petroleum contamination. The complaint, which seeks $582,803 in penalties, was issued to Amerimart Development Company, Inc., Qual-Econ Lease Co., Inc., Commercial Realty Fund II, MJG Enterprises Inc., and Clear Alternative of Western NY, Inc. (d.b.a. G & G Petroleum). These companies are either past or present owners or operators of gas stations in Buffalo, Amherst, and Tonawanda, N.Y. In addition to paying penalties, the complaint requires the facilities to all come into full compliance with the regulations.

“Gas station owners need to be vigilant in making sure that their petroleum storage tanks do not cause pollution,” said EPA Regional Administrator Judith A. Enck. “When underground tanks are not properly maintained, ground water can be contaminated, putting people and the environment at risk.”

Ground water is the source of drinking water for nearly half of all Americans. When petroleum or other hazardous substances leak from underground tanks, such leaks are difficult and expensive to clean, particularly if they involve a public source of drinking water.

The complaint alleges that one or more of the companies failed to:

        Test the protection systems for two tanks and two fuel lines

        Meet corrosion protection or other new standards for two tanks and seven fuel lines

        Conduct release detection every thirty days on eleven tanks:

        Perform annual tests of automatic line leak detector systems for nineteen underground storage tanks

        Provide adequate equipment to protect against tank overfills for thirteen underground storage tanks

        Conduct an annual line tightness test or conduct monthly monitoring of underground pressurized piping for seventeen fuel lines

        Properly cap off two temporarily closed underground storage tanks

        Keep adequate records of release detection monitoring for three facilities

         Respond to a request for information for one facility

The law authorizes EPA to seek between $11,000 and $16,000 per tank for each day a violation exists.

For more information on proper maintenance of Underground Storage Tanks, visit:

http://www.epa.gov/oust/

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

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News Release from EPA Region 7 - Cedar Valley Electroplating

U.S. Environmental Protection Agency, Region 7

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

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

EPA Region 7 Orders Cedar Valley Electroplating in Cedar Falls, Iowa, to Take Immediate Action to Address Hazardous Wastes

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

Environmental News

FOR IMMEDIATE RELEASE

(Kansas City, Kan., March 9, 2012) - EPA Region 7 is ordering Cedar Valley Electroplating L.L.C., a metal electroplating business, to take a series of immediate actions to address multiple issues with leaking tanks and containers of hazardous waste at its facility in Cedar Falls, Iowa.

Under a unilateral administrative order issued by EPA in Kansas City, Kan., Cedar Valley Electroplating – and R Squared Properties, L.L.C., which owns the property at 5611 Westminster Drive in Cedar Falls where the business is located – are ordered to: 

• Immediately comply with the Resource Conservation and Recovery Act and its implementing regulations.
• Immediately identify and contain any leaking tanks, containers or other vessels on the property.
• Identify all solid and hazardous wastes currently being treated, stored or disposed at the facility.
• Restrict access to solid and hazardous wastes that have been stored and/or disposed at the facility and to areas on the property where hazardous material has been released.
• Develop a plan for the immediate cleanup of releases, an investigation to determine if wastes have migrated off the property, and the cleanup of the building and any surrounding areas that may have been contaminated by the releases. 

Cedar Valley Electroplating is located in an industrial park area of southwest Cedar Falls, approximately 700 feet southeast of a child care facility, approximately 1,000 feet east of a stream, and approximately 1,300 feet east and southwest of the nearest residences.

EPA’s order notes that the business, which ceased operating in 2011, was inspected by EPA representatives in September 2005 and again in September 2010. The 2005 inspection resulted in the business being cited for failure to make a hazardous waste determination on 28 55-gallon containers of waste material. The 2010 inspection cited those same issues, and issues with additional containers.

EPA representatives visited the facility again last week and noted numerous totes, tanks, drums and other containers and materials stored in an unsafe manner throughout the facility, including numerous containers that were open and several that were leaking. Some of the hazardous wastes identified during the limited visit included chromium, ferric sulfate, ferric chloride, sulfuric acid, hydrochloric acid, sodium hypochlorite and sodium hydroxide. During the visit, an EPA representative noted that the containers of chemicals cited in the 2005 and 2010 inspections were still present at the facility, but that some of the containers had since deteriorated to the point of leaking their contents.

Violations of EPA’s order could subject the respondents to civil penalties of at least $7,500 per violation per day. Violations could also trigger unilateral actions by EPA to carry out the terms of the order, under its legal authority. The Agency could also seek judicial enforcement of the order.

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Naval Base Kitsap Fails to Properly Monitor Fuel Tanks

EPA News Release:


Naval Base Kitsap fails to properly monitor fuel tanks near Puget Sound for leaks

Contact Information: Hanady Kader, EPA Public Affairs, (206) 553-0454, kader.hanady@epa.gov
Anne Christopher, EPA Ground Water Unit, (206) 553-8293, christopher.anne@epa.gov

Navy correct violations and settles with EPA for nearly $161,000.

(Seattle—Jan. 17, 2012) Naval Base Kitsap Bangor failed to properly monitor pipes and underground fuel storage tanks for leaks on its property in Silverdale, Washington in violation of federal laws that protect groundwater, according to a settlement with the U.S. Environmental Protection Agency. The Navy will pay nearly $161,000 in fines.

“EPA is working hard to restore Puget Sound and fuel leaks near the shoreline could seriously set us back,” said Peter Contreras, Manager of the Ground Water Unit in EPA’s Seattle office. “Nearby communities also rely on groundwater for drinking water, so preventing releases protects both Puget Sound and public health.”

The violations occurred between 2006 and 2010. The holding capacity of the inspected tanks ranges between 170 gallons and 45,000 gallons.

The Navy has 53 underground storage tanks on the base it uses for storing diesel, used oil and gasoline. EPA inspectors identified 37 violations including failure to properly monitor the tanks and pipes for leaks; failure to have the proper leak detection equipment installed for the pipes; and failure to provide an adequate alarm system to prevent delivery drivers from overfilling the tanks.

Leaks from underground storage tanks allow toxic fumes and vapors to escape and collect in areas such as parking garages or basements where they can cause explosion or respiratory illness. Toxic contaminants can also leak into groundwater sources that people depend on for drinking water. Regularly monitoring tanks and pipes minimizes contamination risks.

To detect leaks quickly, underground storage tanks must be monitored monthly and the pipes must be equipped with a leak detector and tested annually or monitored monthly.  The Navy had the appropriate monitoring equipment in place at most of the sites, but failed to check the monitors on a monthly basis and document that the tanks and pipes were not leaking.

Since the 2010 EPA inspection of the base, the Navy has corrected the violations. The Navy has agreed to provide EPA with documentation showing it is in compliance with proper monitoring.

The Resource Conservation and Recovery Act and requires owners of underground storage tanks to regularly monitor their tank systems for leaks.

For more information on underground storage tanks, visit http://yosemite.epa.gov/R10/WATER.NSF/UST/UST+LUST+home