EPA and Baltimore's CNX Marine Terminals, Inc. Settle Water and Waste Violations

Press release:

EPA and Baltimore's CNX Marine Terminals, Inc. Settle Water and Waste Violations

PHILADELPHIA (August 23, 2012) -- CNX Marine Terminals, Inc. has agreed to pay a $34,600 penalty to settle alleged violations of federal environmental laws involving the discharge of pollutants in stormwater runoff, the operation and maintenance of underground storage tank systems and waste storage, the U.S. Environmental Protection Agency announced today. The alleged violations were at the CNX terminal at 3800 New Gate Ave., Baltimore, Md.

According to the consent agreement and final order, the specific alleged violations include unauthorized stormwater discharges from a pipe into the Janney Run Creek, failure to properly operate and maintain the release detection system on a 2,000-gallon underground storage tank, failure to conduct a line tightness test on the underground storage tank every three years, and failure to properly store used fluorescent lamps.

The $34,600 settlement penalty reflects the cooperation of CNX Marine Terminals with EPA's investigation.

Uncontrolled stormwater runoff often contains sediment, suspended solids, oxygen-demanding compounds and other pollutants that can harm our nation's waterways. Under the Clean Water Act, facilities must obtain permits issued by EPA or the state environmental agency before discharging stormwater runoff into waterways. These permits include requirements for erosion and sediment controls and precautionary best management practices such as spill prevention safeguards, material storage, and employee training.

Underground storage tanks (UST) must be tested to prevent leaks because the greatest potential threat from a leaking UST is contamination of groundwater, the source of drinking water for nearly half of all Americans. These leaks can threaten public safety and health as well as the environment because UST systems contain hazardous and toxic chemicals. Cleaning up petroleum leaks is difficult and usually expensive. Federal regulations ensure that USTs are structurally sound because it is easier and less costly to prevent leaks before they happen.

Superfund Efforts to Clean Waterways Come With a Risk

The following is an excerpt from an article in 

The New York Times
Tuesday, August 14, 2012

Superfund Efforts to Clean Waterways Come With a Risk

By ANTHONY DePALMA

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

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

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

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

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

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

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

For more, visit www.nytimes.com.

EPA to Demolish Contaminated Building at Toxic Superfund Site in Garfield, N.J.

Press release:

EPA to Demolish Contaminated Building at Toxic Superfund Site in Garfield, N.J. 

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

(New York, N.Y. – August 8, 2012) U.S. Environmental Protection Agency Regional Administrator Judith A. Enck was joined today by New Jersey Senator Frank R. Lautenberg, Senator Robert Menendez and Congressmember Bill Pascrell, Jr. as she announced that the EPA will safely demolish the E.C. Electroplating building at the Garfield Superfund site in Garfield, New Jersey. The building, located at 125 Clark Street, is contaminated with hexavalent chromium that is reaching the basements of some area residences and businesses through the ground water. Hexavalent chromium is extremely toxic, may cause cancer and can cause nervous system damage. The Regional Administrator and members of Congress were joined by Garfield Mayor Joseph Delaney, local officials and community members to review progress and discuss the ongoing Superfund cleanup at the former electroplating facility.

“The EPA has done a great deal of work since 2002 to reduce the health risks to the people who live and work in the area of Garfield affected by chromium contaminated ground water,” said EPA Regional Administrator Judith A. Enck. “Today we’re pleased to announce that we’re ready to take a step forward in the long-term cleanup of the Garfield Superfund site.”

Preliminary sampling shows that parts of the E.C. Electroplating building, its two basements and the soil located under the structure are contaminated with the chemical hexavalent chromium. The structure needs to be demolished in order to properly dispose of the contaminated sections of the building and to remove the contaminated soil underneath. The EPA tested the industrial materials left at the former E.C. Electroplating and will safely remove and properly disposed of them at licensed facilities.

The EPA is currently preparing the building for demolition by removing over 220 drums and cleaning the building surface. The agency will work closely with local officials to determine the best time to do the demolition and will hold a community meeting before demolition begins to inform area residents and building owners about the work. Strict procedures will be followed to control dust during the demolition, with special attention paid to the Garfield No.7 School and to a daycare center located near the site. The EPA will establish an air monitoring network to ensure that contamination is contained during the demolition work. The air monitoring plan will be shared with the public before work begins. The demolition work is presently scheduled to take place in October.

Ground water underlying the site is also contaminated with the hexavalent chromium and is seeping into basements in some Garfield homes and businesses. Drinking water for Garfield comes from the Garfield Municipal Water Supply, which is not contaminated and is routinely tested to ensure that it meets federal and state drinking water standards, which it does.

The Garfield Superfund site, which is located in a mixed commercial and residential neighborhood, is bordered by Van Winkle Avenue to the north, Monroe Street to the south, Sherman Place to the east, and the Passaic River to the West. Historically, industrial facilities in Garfield were located in close proximity to residential areas, including a tannery, a chemical plant and two electroplating companies. Some of these facilities used hexavalent chromium in their processes and the nearby ground water is now contaminated with the chemical. In June 1993, water containing hexavalent chromium and dried crystals of chromium was discovered in the basement of Garfield Fire House #3. In 2002, at the request of the New Jersey Department of Environmental Protection, the EPA began its investigation of ground water contamination in Garfield.

In September 2010, the federal Agency for Toxic Substances and Disease Registry issued a health advisory recommending that the EPA continue to take steps to minimize people’s exposure to the contamination and that it expedite a long-term cleanup. The site was added to the federal Superfund list in 2011.

The EPA used its Superfund’s emergency response authority in Garfield to address the immediate health threats in properties where ground water had carried hexavalent chromium into basements. Over 500 homes and businesses have been inspected for hexavalent chromium contamination and over 2,000 samples have been analyzed. The EPA has found about 15 properties that require cleanups to protect occupants from unacceptable levels of chromium that have seeped into their basements. The EPA has an ongoing inspection and assessment program to assist any concerned residents within the impacted area.

The EPA has established a network of ground water monitoring wells to determine the extent of chromium contamination in the ground water. This in-depth investigation will allow the EPA to determine how best to clean up chromium contaminated ground water.

Superfund is the federal cleanup program established by Congress in 1980 to investigate and clean up the country’s most hazardous waste sites. When sites are placed on the Superfund list, the EPA looks for parties responsible for the pollution and requires them to pay for the cleanups. In this instance, the EPA has identified E.C. Electroplating as a company that may be liable for the cleanup. The company, however, alleges it lacks funds to conduct any cleanup. To date, the EPA’s cleanup costs for this site exceed four million dollars. The EPA is continuing its search for other parties responsible for the contamination at the site.

For more information about the Garfield site, visit: http://www.epa.gov/region2/superfund/removal/garfield.

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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Colorado ethanol plant to pay $5,850 penalty for Risk Management Program violations

Press release:

Colorado ethanol plant to pay $5,850 penalty for Risk Management Program violations

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

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

(Denver, Colo. - Aug 6, 2012) Yuma Ethanol, LLC has agreed to pay a $5,850 civil penalty and correct violations relating to the storage and use of toxic and flammable substances at its ethanol plant in Yuma, Colorado. An EPA inspection of the plant in October 2011 found the company had violated Risk Management Program regulations under the Clean Air Act. By agreeing to the settlement announced today, the company has certified that the facility is now in compliance with these regulations.
"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."

Under the Clean Air Act, the Yuma Ethanol facility was required to maintain a risk management plan because it exceeded the 10,000-pound storage threshold for anhydrous ammonia, an extremely hazardous chemical, and natural gasoline, a flammable substance used to denature ethanol. Yuma Ethanol was storing approximately 97,000 pounds of anhydrous ammonia at the time of the EPA inspection.

This enforcement action will benefit the community, which includes minority and low-income areas. Minority populations comprise nearly half of the residents within a five-mile radius of the facility and 45 percent are below poverty level. Approximately 35 percent of the area’s population is Hispanic.

EPA enforces the Risk Management Program regulations of the Clean Air Act with the goal of preventing accidental chemical releases and minimizing the impact of releases or other accidents that may occur. The establishment of effective 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.

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

EPA Identifies Substitutes for Toxic Flame Retardant Chemical

Press release:


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

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

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

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

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


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

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

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

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

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

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EPA Fines Violators for Failure to Report Chemical Data

FOR IMMEDIATE RELEASE
July 23, 2012

EPA Fines Violators for Failure to Report Chemical Data

WASHINGTON – The U.S. Environmental Protection Agency (EPA) has issued complaints seeking civil penalties against three companies for alleged violations of the reporting and recordkeeping requirements under the Toxic Substances Control Act (TSCA). The alleged violations involved the companies’ failure to comply with EPA’s TSCA section 8 Inventory Update Reporting (IUR) regulations, which require companies to submit accurate data about the production and use of chemical substances manufactured or imported during a calendar year. Under TSCA, penalties can be assessed up to $37,500 per day, per violation.

Formerly known as the IUR, the TSCA Chemical Data Reporting Rule requires the collection of information about existing chemicals on the market by requiring periodic reports about the production and use of chemicals to help understand the risks they may pose to human health and the environment. The data collected by EPA is the most comprehensive source of information for chemicals currently in commerce in the U.S.

The reporting deadline for the 2006 IUR rule ended in March of 2007. EPA’s enforcement efforts have led to 43 civil enforcement actions and approximately $2.3 million dollars in civil penalties against companies that failed to report required chemical data information. The reporting deadline for the 2012 submission period of the Chemical Data Reporting Rule is August 13, 2012.

The three most recent cases are against Chemtura Corporation, Bethlehem Apparatus Company, and Haldor Topsoe, Inc., and resulted in penalties totaling $362,113.

The Chemtura Corporation is headquartered in Philadelphia, Pa. and has a facility located in El Dorado, Arizona. In a May 31, 2012 complaint, EPA alleged that the facility failed to report two chemicals pursuant to the 2006 IUR rule and assessed a penalty of $55,901. The company corrected the violations, paid the penalty and a final order was issued by the Environmental Appeals Board (EAB) on June 25, 2012.

During an inspection of the Bethlehem Apparatus Company, located in Hellertown, Pa., EPA found that the facility was in violation of the 2006 IUR Rule for one chemical substance. EPA also determined during the inspection that the company had failed to comply with the export notification requirements as required under TSCA section 12(b) and the import certification requirements as required under TSCA section 13 on a number of occasions for the same chemical substance. The company corrected the violations and paid a $103,433 penalty proposed in a May 31, 2012 complaint.

Haldor Topsoe, Inc., headquartered in Houston, Texas, is subject to a TSCA complaint that was filed on June 20, 2012. The complaint alleged that that the company had violated the 2006 IUR rule for 13 chemical substances. The complaint assessed a proposed penalty of $202,779, which the company paid on July 2, 2012.

More information about the settlements and EPA’s TSCA enforcement program: 

http://www.epa.gov/compliance/resources/civil/tsca/tscaiur.html

More information about TSCA reporting requirements: http://www.epa.gov/iur/

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EPA Adds South Gate Industrial Facilities to List of Nation’s Worst Toxic Sites

For Immediate Release: May 9, 2012
Media Contact: Nahal Mogharabi, mogharabi.nahal@epa.gov

EPA Adds South Gate Industrial Facilities to List of Nation’s Worst Toxic Sites
Superfund investigation begins at LA County Southern Avenue Industrial Area and Jervis B. Webb Co.

SAN FRANCISCO – The U.S. Environmental Protection Agency is adding two new sites to the Superfund National Priorities List in Los Angeles County, Calif. Southern Avenue Industrial Area site and Jervis B. Webb Co. are former industrial facilities located in South Gate. 

Last year, EPA proposed to add both sites to the list due to soil and groundwater contamination. Volatile organic compounds, including elevated levels of trichloroethylene (TCE), commonly used as a solvent for cleaning metal parts, have been confirmed in the soils and groundwater at these sites. With today’s action, these two sites are now finalized on the Superfund list. Superfund is the federal program that investigates and cleans up the most complex, uncontrolled or abandoned hazardous waste sites in the country.

“These industrial plants are located in the I-710 corridor, a priority area for EPA, where low-income and minority populations are overburdened by pollution,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Now that these sites are officially on the Superfund list, EPA will begin full-scale investigations of the contaminated soil and drinking water sources.”
South Gate is one of several densely populated communities closest to the I-710 freeway, where the effects of pollution are disproportionately higher than in other areas of Los Angeles County. Approximately 1 million people, about 70% of whom are minority and low-income households, are severely impacted by industrial activities and goods movement in the area. In a multiyear effort, federal, state, and local governments and nonprofit organizations are working together to improve the environmental and public health conditions for residents along this corridor.
TCE contamination in the groundwater at Southern Avenue Industrial Area and Jervis B. Webb Co. was found at levels up to 17,000 ppb (parts per billion) and 35,000 ppb respectively. The federal Maximum Contaminant Level for TCE in drinking water is 5 ppb. The MCL is the highest level of a contaminant allowed in drinking water. Although the drinking water supply wells immediately downgradient of the two sites are located in a deeper aquifer and are not currently contaminated, because the aquifers are connected, there is the potential that drinking water wells may become contaminated. There are at least 35 drinking water wells within four miles of the site, serving approximately 226,000 people.
From 1972 through to the present day, the Southern Avenue Industrial Area site has been occupied by a facility that manufactures hot-melt adhesive tape for laying carpets. Prior to 1972, Pacific Screw Products Corporation manufactured screw products at the property until the business went bankrupt.
The Jervis B. Webb Co. conducted metal fabrication, finishing, painting and assembly operations associated with the manufacture of industrial conveyor belt systems from the 1950s to 1996 on a portion of the Jervis B. Webb Co. site. In 1997, Reliable Steel, Inc. purchased this portion of the site. Blake Rivet Company leased another portion of the site until approximately 1981. The Blake Rivet Company produced aluminum and stainless steel aircraft rivets.
Since 1983, 1,664 sites have been listed on the NPL. Of these sites, 359 sites have been completely cleaned up, resulting in 1,305 sites currently on the Superfund list (including those added today). There are 59 proposed sites awaiting final agency action.
With all Superfund listed sites, EPA works to identify companies or people responsible for the contamination at a site, and require them to conduct or pay for the cleanup. For the new sites without financially viable responsible parties, EPA will investigate the full extent of the contamination before starting significant cleanup at the site.
Federal Register notices and supporting documents for the sites: http://www.epa.gov/superfund/sites/npl/current.htm

For more information about the I-710 Freeway initiative, please visit: http://www.epa.gov/region9/ej/enforcement.html

Superfund sites in local communities: http://www.epa.gov/superfund/sites/index.htm

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.

Idaho Haz Waste Disposal Site Failed to Disclose Releases

Idaho hazardous waste disposal site failed to disclose chemical releases

Contacts: Hanady Kader, EPA Public Affairs, (206) 553-0454, kader.hanady@epa.gov
Graham Kirn, EPA Toxics Release Inventory Program, (206) 553-1603, kirn.graham@epa.gov

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

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

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

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

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

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

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

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

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

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

EPA Orders Buffalo Sewer Authority to Reduce Water Pollution

EPA Orders Buffalo Sewer Authority to Reduce Water Pollution in Niagara River

Four Billion Gallons of Sewage and Wastewater Pollutes Niagara River and Tributaries Every Year

Contact: Mike Basile (716) 551-4410; basile.michael@epa.gov

(New York, N.Y. – March 15, 2012) The U.S. Environmental Protection Agency has ordered the Buffalo Sewer Authority in Buffalo, New York to comply with federal Clean Water Act requirements for combined sewer systems to protect people’s health and water quality. Combined sewer systems carry domestic sewage, stormwater runoff and industrial wastewater in the same pipes. During periods of heavy rain, they can overflow and send untreated sewage and toxic materials into local waters. The Buffalo Sewer Authority violated its environmental permit issued by New York State Department of Environmental Conservation, which required it to submit a plan on how the city would reduce the amount of sewage and other pollutants that flow out of 52 combined sewer points into the Niagara River and its tributaries.

“Sewage Pollution in the Niagara River is degrading water quality and having a direct effect on the quality of people’s lives,” said Judith A. Enck, EPA Regional Administrator. “Local fish are inedible and people can’t enjoy recreational water sports or local parks because of sewage odors. Buffalo has made improvements to its combined system in recent years, but much more must be done to protect people’s health and water quality.”

“This Order is an important step to improve the water quality of the Niagara River and to help with the economic revitalization of the City of Buffalo. We look forward to receiving the Authority’s Long-Term Control Plan to reduce CSO discharges. We expect this plan will include green infrastructure projects that will help restore the health of the river,” said DEC Commissioner Joseph Martens.

“This Order is an important step to improve the water quality of the Niagara River and to help with the economic revitalization of the City of Buffalo,” said DEC Commissioner Joe Martens. “We look forward to receiving the Authority’s Long-Term Control Plan to reduce CSO discharges. We expect this plan will include green infrastructure projects that will help restore the health of the river.”

During periods of heavy rainfall or snowmelt, the volume of wastewater in a combined sewer system can exceed the capacity of the sewer system or wastewater treatment plant. When this happens, combined sewer systems overflow and discharge excess wastewater directly to nearby water bodies. These overflows contain not only stormwater, but also untreated human and industrial waste, toxic materials and debris. It is estimated that Buffalo’s combined system contributes almost four billion gallons of combined sewage overflow to the Niagara River and its tributaries each year.

Under its current state-issued permit, the Buffalo Sewer Authority discharges from its wastewater treatment plant outfalls and from combined sewer overflow points into the Niagara River, Black Rock Canal, Erie Basin, Buffalo River, Scajaquada Creek, Cazenovia Creek and Cornelius Creek. The Buffalo Sewer Authority's 1999 permit required it to develop a Long Term Control Plan, to manage its combined sewage. Long Term Control Plans generally call for system characterization, the development and evaluation of alternatives, and the selection and implementation of controls that reduce water pollution. The plans must consider the costs and effectiveness of reducing the number of overflows and the amounts discharged, as well as water quality improvements. The plans are part of a phased approach for the control of combined sewer overflows that will ultimately meet state water quality standards for the local water bodies.

The Buffalo Sewer Authority was required to submit its plan to reduce sewage discharges by July 1, 2001. The NYSDEC reissued and modified the discharge permit, giving the Buffalo Sewer Authority more time to submit its plan. The authority submitted a plan in July 2004, which was 3 years ate and inadequate.

The legal order issued by the EPA requires the Buffalo Sewage Authority to submit to DEC and EPA by April 30, 2012 an approvable Long Term Control Plan that proposes sewer system improvements to ensure that combined sewer overflows comply with technology and water quality-based requirements. The Buffalo Sewer Authority could face penalties if it does not comply with the order.

The EPA order also requires the Buffalo Sewer Authority to develop a financial plan that addresses project, capital and costs and to detail a strategy to meet water quality standards. The projected cost of the Buffalo Sewer Authority’s implementation of an approvable Long Term Control Plan could be as much as $500 million dollars over 15 years, depending on the alternatives chosen for implementation.

EPA and DEC are encouraging the Buffalo Sewer Authority to incorporate green infrastructure projects such as increased open space, rain barrels and rain gardens, permeable pavements and sidewalks, green roofs and urban trees into its plan. Using green infrastructure helps reduce the amount of combined sewer overflows by stopping runoff pollution at its source. Many of these methods have the added benefit of improving urban quality of life, lowering heating and cooling costs and improving air quality.

For more information about combined sewer overflows and to read a recent EPA report on the issue, visit

http://www.epa.gov/region2/water/sewer-report-3-2011.pdf

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

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StateRules: March 2012 - Columns - Pollution Engineering

StateRules: March 2012 - Columns - Pollution Engineering

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

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

News Release from EPA - OR Lumber Mill

Oregon lumber mill cited for toxic chemical leaks and violations

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

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

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

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

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

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

News Release from EPA

Tuesday, February 21, 2012
Contact: Donna Heron 215-814-5113 / heron.donna@epa.gov

Pennsylvania Company Settles Toxic Chemical Reporting Violations at Nazareth, Pa. Facility

PHILADELPHIA (February 21, 2012) -- The U.S. Environmental Protection Agency today announced that Essroc Cement Corporation has agreed to pay a $82,000 penalty to settle alleged violations of toxic chemical reporting requirements at its manufacturing facility located at 401 West Prospect St., Nazareth, Pa.

According to EPA, Essroc failed to submit three years of required reports on a regulated toxic chemical (lead) which was processed at this facility.

EPA cited the company for violating the Emergency Planning and Community Right-to-Know Act (EPCRA). This law requires companies that manufacture, use or process more than a threshold amount of listed toxic chemicals to file an annual toxic chemical release form with EPA and the state. These reports are used to compile the Toxic Release Inventory (TRI) -- a publicly available EPA database, searchable by zip code, that contains information on toxic chemical releases and waste management activities.

The multi-establishment Nazareth, Pa., plant processes lead as part of the manufacturing process for bulk and packaged cement. Lead and lead compounds are regulated under EPCRA due to the public health effects of ingestion or inhalation of lead, particularly among children, including damage to the nervous system. According to EPA, a June 2011 inspection revealed that Essroc did not submit annual reports for lead for three years (2006 through 2008) when the Nazareth facility processed lead in amounts in excess of 130,000 pounds annually -- significantly exceeding EPCRA’s 100 pound reporting threshold. (This settlement involves alleged reporting violations, not unlawful releases of toxic chemicals.)

The settlement penalty reflects the company's cooperation with EPA in resolving the alleged violations, and its compliance efforts. As part of the settlement, the company did not admit liability for the alleged violations, but has certified compliance with applicable EPCRA requirements.



In a separate matter, the United States recently announced a $1.7 million settlement of alleged Clean Air Act violations at six Essroc facilities nationwide, including the Nazareth plant.
See press release at: http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/48aa8dd28f3ab133852579750077751e!OpenDocument.

For more information on TRI and the TRI searchable database, go to: www.epa.gov/tri.

For more information on lead and its health effects, go to: See http://www.epa.gov/lead/index.html.

Air Toxic Emissions Standards for PVC Finalized

News release from EPA:

FOR IMMEDIATE RELEASE

February 14, 2012

  

EPA Finalizes Air Toxic Emissions Standards for Polyvinyl Chloride (PVC) Production Facilities

  

Standards will cut harmful emissions that impact local communities

   

WASHINGTON – The U.S. Environmental Protection Agency (EPA) today issued strong final standards requiring facilities that produce polyvinyl chloride and copolymers (PVC) to reduce harmful air emissions, which will improve air quality and protect people’s health in communities where facilities are located. Exposure to toxic air pollutants, like those emitted from PVC facilities, can cause respiratory problems and other serious health issues, and can increase the risk of developing cancer. In particular, children are known to be more sensitive to the cancer risks posed by inhaling vinyl chloride, one of the known carcinogens emitted from PVC facilities.

The final standards are based on currently available technologies and will reduce emissions of air toxics, such as dioxin and vinyl chloride. Facilities will have the flexibility to choose the most practical and cost-effective control technology or technique to reduce the emissions. Facilities will be required to monitor emissions at certain points in the PVC production process to ensure that the standards are met.

Currently, there are 17 PVC production facilities throughout the United States, with a majority of these facilities located in Louisiana and Texas. All existing and any new PVC production facilities are covered by the final rule.

PVC production facilities manufacture PVC resins that are used to make a large number of commercial and industrial products at other manufacturing facilities. These products include latex paints, coatings, adhesives, clear plastics, rigid plastics, and flooring.

EPA had a 74-day public comment period and held two public hearings on the proposal before issuing the final rule.

More information on the final rule: http://www.epa.gov/ttn/oarpg/t3fs.html

CA Auto Recyclers Brace for Tightened Regulations

Excerpt from an article in The New York Times
Friday, February 10, 2012

California Auto Recyclers Brace for Tightened Regulations 

By MATT SMITH

In Oakland and Redwood City, industrial shredders the size of department stores grind thousands of junked automobiles into fist-sized scraps, loading the lumps onto waiting ships to become fodder for a global recycling industry.

But as the “green steel” goes out to sea, the leftovers — pulverized seat cushions, insulation and grime, collectively known in the shredding industry as “auto fluff” — are trucked to regional landfills. There, buried in mountains of trash, the byproducts of long-dead cars begin a second, potentially toxic life that could loom as a hazard to environmental health.

Off the road, junk cars continue to pollute because of what some critics say is a decades-long failure by California to properly regulate the powerful automobile recycling industry. Millions of tons of potentially toxic refuse created by recyclers of cars and heavy home appliances in the Bay Area have been buried in municipal landfills, instead of being transported in specially designated trucks and placed in dumps for toxic materials — a mode of transport and disposal that can dramatically increase costs.

The recyclers are able to avoid the increased cost of toxic waste disposal because of a special exemption from state regulators.

“Populations have moved close to those landfills,” said Gale Filter, a former deputy director for enforcement at the Department of Toxic Substances Control, or D.T.S.C., under Gov. Arnold Schwarzenegger. “We have an industry that’s not keeping pace with huge concerns about human health and the environment.”

“The shredding business poses a risk to the environment, as well as to people’s health,” Mr. Filter said.

In 2010, auto shredders deposited 591,271 tons of waste in California landfills. At the same time, their massive shredders can spew tons of toxic dust into the air, putting nearby residents at risk, according to a study by the University of California, Davis, that was commissioned by the toxic substance control agency. The industry commissioned its own study, which concluded that toxic emissions detected near a Los Angeles area facility came from sources other than automobile shredding.

The Environmental Protection Agency, meanwhile, announced in January that it had ordered Sims Metal Management to comply with federal Clean Water Act laws after inspections that revealed evidence of unlawful discharges of mercury, lead, copper and zinc near San Francisco Bay, as well as banned carcinogens known as PCBs, which are found in older cars.

The company issued statements saying it was committed to a healthy environment, and expected the matter to be resolved to the E.P.A.’s satisfaction.

Meg Rosegay, a lawyer in San Francisco who represents the auto recycling industry, said that the fluff is safe, despite Mr. Filter’s comments. “I think the former director of enforcement is expressing his personal opinion, and perhaps the opinion of certain individuals on the department staff,” she said. “We have done significant testing on the material and have reached different determinations.”

State regulators have long been concerned about the environmental impact of auto recycling. But for 30 years, former state officials say, the industry has used its influence in Sacramento to thwart further environmental controls. Recently, with Gov. Jerry Brown’s appointment of a new Department of Toxic Substances Control chief, there are signs the situation could be about to change. But any new rules about the handling of auto fluff may come too late to deal with millions of tons of potentially toxic waste already buried in California landfills.

Dover Chemical Corp. to Pay $1.4 Million in Penalties

From EPA:

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

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

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.

# # #

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