Chemical Producer Faces Fine for Environmental Violations at Fairfield, Conn. Facility

News Release
U.S. Environmental Protection Agency
New England Regional Office
July 19, 2012

Contact:  David Deegan, (617) 918-1017

Chemical Producer Faces Fine for Environmental Violations at Fairfield, Conn. Facility

(Boston, Mass. – July 19, 2012) – A chemical producer faces an EPA fine of $93,900 for failing to report the use and storage of hazardous chemicals at its Fairfield, Conn. facility, in violation of the federal right-to-know law.

According to a recent EPA complaint, the company, 5N Plus, Inc., violated the Emergency Planning and Community Right to Know Act (EPCRA) by failing to report hazardous chemical inventory information, known as Tier II reports, to the fire department, and the local and state emergency responders. The company also failed to report the use and potential release of lead and selenium to the state and federal Toxic Release Inventory, a national database of toxic chemical use available to the public. 

During a June 2011 inspection of the facility, EPA determined that 5N Plus had failed to follow the reporting requirements by failing to include gallium trichloride (an extremely hazardous substance) in its inventory of hazardous chemicals for 2010, and by failing to submit Tier II reports for reporting years 2008 and 2009 for chlorine gas, lead and gallium trichloride.  Following further review, EPA also determined that the company had failed to submit accurate Toxic Release Inventory (TRI) reports for lead in 2008 and 2009, and for selenium in 2010.

Accurate reporting of hazardous chemicals at facilities is critically important to ensure that emergency responders are aware of potential hazards that are present at a facility in the case of an emergency so that they can take adequate precautions to protect public health as well as their own well-being.  Further, the company’s failure to file these required forms deprives the community of its right to know about chemicals stored, used, and potentially released in the neighborhood.

After the two inspections, a release of chlorine gas at the facility resulted in area-wide evacuations and worker exposure to chlorine gas. Subsequent to the release, the company moved its gallium trichloride manufacture to another facility.

The proposed penalty includes $40,500 for failure to file Tier II forms for 2008, 2009 and 2010 and $53,400 for failure to file TRI forms for reporting years 2008, 2009 and 2010.

More information:

- Tier II Chemical Reporting (http://www.epa.gov/oem/content/epcra/tier2.htm)

- Toxic Release Inventory Reporting (http://www.epa.gov/tri/)

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

FOR IMMEDIATE RELEASE
March 28, 2012

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

First enforcement action under marine diesel engine air rules

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

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

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

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

Contacts: David Deegan, (617) 918-1017

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

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

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

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

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

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

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


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

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News Release from EPA - Armstrong Envtl. Svc.

Armstrong Environmental Services to Pay $35,000 Penalty for Clean Water Act Violations at Lancaster, Pa. Facility 

(PHILADELPHIA – March 1, 2012) The U.S. Environmental Protection Agency today announced a settlement with Armstrong Environmental Services (AES) over alleged Clean Water Act violations at the company’s waste processing and disposal facility in Lancaster, Pa. AES agreed to pay a $35,000 penalty for allegedly exceeding permit limits when discharging industrial wastewater pollutants to the City of Lancaster Wastewater Treatment Plant in Lancaster County, Pa. The settlement also requires the company take actions to minimize the likelihood of future violations.

EPA’s complaint alleged AES exceeded its pretreatment permit discharge limits for pollutants oil and grease, pH and copper for a period of five-years. As part of the settlement, AES did not admit liability for the alleged violations, but has certified that it is now in compliance with applicable Clean Water Act requirements.
 The Clean Water Act requires companies discharging pollutants to publicly owned wastewater treatment works (POTWs) to obtain a permit from the POTW limiting the amount of pollution that may be discharged to the plant. This usually requires some type of pretreatment by the discharging facility.

Pretreatment permit limits for pollutants are established in order to prevent impairment of waterways, either as a result of pollutants passing through the POTW -- or interference with the functioning of the treatment plant.

For more information about pretreatment requirements visit:

http://cfpub.epa.gov/npdes/home.cfm?program_id=3