Industrial Laundry in Lebanon, N.H. Faces Fine for Clean Water Violations

News Release
U.S. Environmental Protection Agency
New England Regional Office
August 28, 2012

Contact: David Deegan, (617) 918-1017

Industrial Laundry in Lebanon, N.H. Faces Fine for Clean Water Violations

(Boston, Mass. – Aug. 28, 2012) – An industrial laundry facility in Lebanon, N.H. faces a penalty of $64,000 from the US Environmental Protection Agency for several violations of federal water laws, including discharging water containing detergent to the city’s public wastewater system which caused excessive foaming in the Connecticut River.

According to a complaint filed recently by EPA’s New England office, UniFirst Corp. discharged wastewater containing industrial grade detergent into the public wastewater system in Nov. 2010 and failed to immediately notify the city of the discharge.  Both actions violated the Clean Water Act. The complaint also details that in 2011 UniFirst discharged wastewater with a high acidity, also in violation of the federal Clean Water Act.

UniFirst operates an on-site wastewater treatment system that introduces process wastewater into the City of Lebanon’s system, which in turn discharges treated wastewaters into the Connecticut River.  The detergent violations caused the city to be out of compliance with its own National Pollution Discharge Elimination System (NPDES) permit regulating its wastewater system.

Discharges of ­­prohibited effluents from industrial users can present a risk to nearby waters and aquatic life. An industrial user’s failure to immediately notify the local wastewater treatment system and any other applicable state or federal emergency responders undermines their ability to promptly respond to a potential threat.

More information on enforcement of Clean Water Act in New England http://www.epa.gov/region1/enforcement/water/index.html

#  #  #

Sinclair Oil to Pay $3.8 Million Penalty and Install Pollution Controls at Wyoming Refineries to Resolve Violations of 2008 Consent Decree

Press release:

FOR IMMEDIATE RELEASE
August 20, 2012

Sinclair Oil to Pay $3.8 Million Penalty and Install Pollution Controls at Wyoming Refineries to Resolve Violations of 2008 Consent Decree

WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced a settlement with two subsidiaries of Sinclair Oil Corporation to resolve alleged violations of air pollution limits established in a 2008 consent decree at refineries in Casper and Sinclair, Wyo. Sinclair Casper Refining Co. and Sinclair Wyoming Refining Co. will pay stipulated penalties totaling $3,844,000 and spend approximately $10.5 million on additional pollution control equipment and other projects to resolve the allegations. The settlement will require the Sinclair companies to reduce emissions of nitrogen oxides (NOx) by approximately 24 tons per year, sulfur dioxide (SO2) by approximately 385 tons per year, and particulate matter by approximately 59 tons per year.

“EPA is committed to ensuring that companies comply with environmental requirements that protect people's health,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “This settlement holds Sinclair accountable for exceeding the emissions limits agreed to in a previous settlement for Clean Air Act violations and ensures that the people of Wyoming have cleaner, healthier air.”
“Parties who enter into consent decrees with the United States must adhere to their obligations, and failure to comply will result in further penalties,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. “This settlement requires Sinclair to pay a significant $3,844,000 penalty and provide additional emission reductions beyond those required in the original settlement.”

The alleged violations stem from Sinclair’s failure to meet the terms of the 2008 consent decree, including exceeding NOx emissions limits at the Casper and Sinclair, Wyoming refineries and failing to comply with requirements to operate and maintain a flare gas recovery system at the Sinclair Refinery, resulting in excess emissions of SO2. The problems will be addressed by installing and operating a selective catalytic reduction system to control NOx emissions and by upgrading the flare gas recovery system to meet SO2 emissions limits. Sinclair will also complete a project to provide road paving at its Casper refinery that will reduce particulate matter emissions by an additional 59 tons per year and reduce fuel oil burning at the Casper refinery from the existing 188 tons per year limit to no more than 95 tons per year.

The settlement is subject to a 30-day public comment period and final court approval.

More about the settlement:  

http://www.epa.gov/compliance/resources/cases/civil/caa/sinclair.html

More about EPA’s civil enforcement of the Clean Air Act: http://www.epa.gov/compliance/civil/caa/index.html

More about EPA’s refinery initiative: http://www.epa.gov/compliance/resources/cases/civil/caa/oil/


R139

Icicle Seafoods settles clean air violations for leaks of ozone-depleting refrigerant

Press release:

Icicle Seafoods settles clean air violations for leaks of ozone-depleting refrigerant

Company agrees to repair leaks in vessels and processing facilities as part of settlement terms

Contact: Hanady Kader, EPA Public Affairs, 206-553-0454, kader.hanady@epa.gov

(Seattle—Aug. 10, 2012) Seattle-based Icicle Seafoods Inc. has agreed to resolve violations of the federal Clean Air Act resulting from leaks of an ozone-depleting refrigerant aboard its seafood vessels and in processing facilities, according to a consent decree lodged by the U.S. Department of Justice on behalf of the U.S. Environmental Protection Agency. The company has agreed to repair leaks in its vessels and facilities, make repairs at a lower leak rate and pay a penalty.

“There is a clear link between the deterioration of the ozone layer and the release of certain substances used for refrigeration,” said Ed Kowalski, Director of the Office of Compliance and Enforcement at EPA’s Seattle office. “Companies using these chemicals in the course of business must do so responsibly by repairing leaks and preventing releases into the atmosphere.”

The settlement concerns the improper release and management of R-22, an ozone-depleting refrigerant used on the company’s vessels and at its seafood processing facilities. The consent decree, which includes Icicle Seafoods Inc. and several of its subsidiaries, was lodged in the U.S. District Court for the Western District of Washington in Seattle.

According to the settlement, the company had a series of Clean Air Act violations between 2006 and 2008 associated with the refrigerant R-22. The violations include:

• Failure to repair refrigerant leaks in a timely manner
• Failure to ensure adequate repairs to refrigeration appliances before resuming operation
• Failure to possess a certified refrigerant recovery device for use when performing service on refrigeration appliances
•  Inadequate records of repair service on refrigeration appliances

R-22 is among a set of refrigerants being phased out of use due to their high ozone depletion potential under the Montreal Protocol on Substances that Deplete the Ozone Layer.

Stratospheric ozone depletion can cause increased ultraviolet radiation to reach the Earth and has been linked to skin cancer, cataracts and impaired immune systems. It can also damage crops and reduce crop yields. Some scientists suggest that marine phytoplankton, the base of the ocean food chain, may be under stress from ultraviolet radiation.

Icicle Seafoods Inc. is a seafood processing company that harvests and processes salmon, crab, Pollock, halibut, Pacific cod, Black cod and fish roe. The company has agreed to pay a $430,000 penalty.

The consent decree was signed by Icicle Seafoods Inc., Evening Star Inc., Icicle Acquisition Subsidiary ILLC and LFK, Inc. The consent decree is available for public comment.

For additional information on ozone and ozone depleting substances, visit: http://www.epa.gov/oar/oaqps/gooduphigh/good.html#1

EPA Reaches Agreement with Carmeuse Lime to Control Dust from its Chicago Plant

Press release:

For Immediate Release           No. 12-OPA061

EPA Reaches Agreement with Carmeuse Lime to Control Dust from its Chicago Plant
Chicago (Aug. 7, 2012 ) - The U.S. Environmental Protection Agency has reached agreement with Carmeuse Lime, Pittsburgh, Pennsylvania, to resolve Clean Air Act violations at its Chicago lime manufacturing facility. The company will pay a $350,000 fine and spend $125,000 on lead abatement in south side neighborhoods.
“As a result of this agreement, residents of Chicago’s south side will breathe cleaner air and children will be protected from lead contamination,” said EPA Regional Administrator Susan Hedman.
EPA and the City of Chicago conducted a joint inspection of the Carmeuse plant in response to complaints from local residents about excess dust. The inspection revealed poor maintenance at the facility, which led to the release of dust into the surrounding neighborhood.

The consent decree requires Carmeuse to upgrade and replace equipment and to improve maintenance and housekeeping practices. By implementing these changes, which have been/will be incorporated in the facility's air permit, Carmeuse will dramatically reduce the amount of dust released into the neighborhood.
Under terms of the consent decree, Carmeuse will also hire a nonprofit organization to install new energy-efficient windows in neighborhood homes that have window frames with lead-based paint. Window replacements will occur in the houses of low income residents with young children in the Englewood, West Englewood and South Chicago neighborhoods.

Carmeuse is a major lime producer, with 35 facilities in the United States and Canada.

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

New Haven Company Faces Fine for Hazardous Waste Violations

News Release
U.S. Environmental Protection Agency
New England Office
August 2, 2012 

Contact: Dave Deegan (617) 918-1017

New Haven Company Faces Fine for Hazardous Waste Violations

(Boston, Mass. – August 2, 2012) - A New Haven, Conn. company that makes door hardware faces a penalty of $64,495 from the US Environmental Protection Agency for violating state and federal hazardous waste laws.

According to a complaint filed recently by EPA’s New England office, the Sargent Manufacturing Company failed to segregate containers of incompatible hazardous waste, failed to have an adequate hazardous waste training program, failed to close containers of hazardous waste, failed to maintain adequate aisle space between containers of hazardous waste, failed to mark containers with the date  that accumulation of hazardous waste began, failed to update and submit revised contingency plan to local authorities, and otherwise failed to manage hazardous waste in accordance with the requirements.

Sargent Manufacturing is owned by Assa Abloy, a company based in Sweden.

The case stems from a March 2011 inspection by EPA to see if the company was meeting the requirements of the federal Resource Conservation and Recovery Act and related state regulations.  This federal law is designed to help protect public health and the environment by promoting the proper management of hazardous wastes. 

Sargent’s failure to segregate containers of spent hydrochloric acid and sodium fluoride prompted significant concern.  If the containers were to break or leak, the mixing of these incompatible wastes could lead to a reaction, such as fire or explosion, or the generation of flammable hydrogen gas.  Sargent’s failure to have an adequate hazardous waste training program increased the likelihood that wastes generated may not be properly managed and that Sargent personnel may not be able to adequately coordinate all emergency response measures in the event of emergency.

More information :  Enforcing hazardous waste laws in New England (http://www.epa.gov/region1/enforcement/waste/index.html )

#  #  #

Maine Company Faces Penalty for Violations of Oil Pollution Prevention Regulations

News Release
U.S. Environmental Protection Agency
New England Office         
August  2, 2012

Contact Information: Dave Deegan, (617) 918-1017

Maine Company Faces Penalty for Violations of Oil Pollution Prevention Regulations

(Boston, Mass. – August 2, 2012) A Maine company that provides motor vehicle services and fuel oil sales is facing a fine of up to $177,500 for violations of the Clean Water Act. 

 EPA recently filed a complaint against the J&S Oil Co., Inc. for failing to maintain and fully implement an oil spill prevention plan, which contributed to the release of approximately 1,500 gallons of used motor oil from a tanker truck at the facility.

The oil release in March 2012 prompted an emergency response from the Maine Department of Environmental Protection and EPA.  The company also hired an oil spill response company to contain the spilled oil and dispose of contaminated soils. 

EPA determined that the company had failed to fully maintain and implement it Spill Prevention, Control and Countermeasure (SPCC) plan, as required by the Clean Water Act. SPCC plans specify spill prevention measures at facilities that store oil above threshold amounts and help ensure that a tank failure or oil spill does not lead to oil reaching bodies of water.  In its complaint EPA alleges that the company failed to provide for adequate secondary containment for some of the facility’s above-ground storage tanks and the tanker trucks parked at the facility; failed to provide secondary containment for the loading/unloading rack; failed to maintain adequate training records of oil-handling personnel in the operation and maintenance of equipment to prevent discharges; and, failed to provide adequate security for the facility.

For more information on federal oil spill prevention requirements:

            http://www.epa.gov/ne/superfund/er/oilstor.htm

            http://www.epa.gov/oilspill

 # # #

Hopewell, Va., Company to Pay $175,000 Penalty to Settle Clean Air Act Violations at Manufacturing Facility

Press release:

Hopewell, Va., Company to Pay $175,000 Penalty to Settle

Clean Air Act Violations at Manufacturing Facility

PHILADELPHIA (July 31, 2012) -- The U.S. Environmental Protection Agency and the U.S. Department of Justice today announced that Hercules Incorporated has agreed to pay a $175,000 penalty to settle alleged violations of federal environmental laws in the processing of cellulose fiber at its Hopewell, Va., plant.

According to the United States' complaint, Hercules allegedly failed to adequately demonstrate compliance with the national emission standard for hazardous air pollutants for cellulose products manufacturing and violated related regulations on leak detection and repair.

Cellulose fiber is the main raw material used in the manufacturing processes conducted at the facility, located at 1111 Hercules Road. The cellulose is treated with various chemicals, and gaseous and particulate by-products are vented and treated by air pollution control devices. However, leakage of hazardous air pollutants into the environment can occur at different points along the manufacturing process, for example, at valves and vents.

Under a consent decree that was lodged with the U.S. District Court in Richmond, Va. on July 2, 2012, Hercules is required to comply with the Clean Air Act standard of "maximum achievable control technology" (MACT) . This standard protects public health and improves air quality by requiring facilities to use state-of-the-art technology for reducing hazardous air pollutants. Hercules will spend approximately $200,000 on the consent decree requirements, resulting in an estimated 150 tons of hazardous air pollutants reduced per year. As part of the settlement, Hercules has agreed to conduct additional testing, update its operating permit to document testing and monitoring activities, and engage in a two-year enhanced leak detection and repair program. The proposed settlement is subject to a 30-day public comment period and court approval.

This agreement is part of an EPA national initiative to target and reduce illegal emissions of air toxics and reduce excess emissions for facilities that have a significant impact on air quality and health in residential areas. Industrial and commercial facilities are required to implement leak detection and repair programs to prevent the escape of hazardous air pollutants.

For more information, please go to: http://epa.gov/ttn/atw/cellulose/cellfact.pdf.

Illinois Man Sentenced to 10 Years in Prison for Clean Air Act Violations Involving Asbestos

FOR IMMEDIATE RELEASE
July 26, 2012


Illinois Man Sentenced to 10 Years in Prison for Clean Air Act Violations Involving Asbestos

WASHINGTON – Duane “Butch” O’Malley, 59, of Bourbonnais, Ill., who was convicted by a federal jury on September 26, 2011, for the illegal removal, handling and disposal of asbestos from a Kankakee building in August 2009, was sentenced to 10 years in prison by Federal District Court Judge Michael McCuskey. O’Malley was also ordered to pay restitution of $47,086 to the U.S. Environmental Protection Agency (EPA) related to the clean-up of illegally disposed asbestos and ordered to pay a fine of $15,000. Asbestos is a mineral fiber that has been used commonly in a variety of building construction materials. When asbestos-containing materials are damaged or disturbed by repair, remodeling or demolition activities, microscopic fibers become airborne and can be inhaled into the lungs, where they can cause serious health problems, including lung cancer and mesothelioma.

“Asbestos must be removed in a safe and legal way in order to protect people's health and reduce the risk of exposure,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “The defendant’s actions endangered the health of his workers and the surrounding community and the sentence shows that those who violate critical environmental safeguards will be prosecuted.”  

“To increase his profits, a jury found that O’Malley knowingly disregarded federal environmental laws that require asbestos-containing materials be safely removed and properly disposed,” said U.S. Attorney Jim Lewis, Central District of Illinois. “This sentence is a consequence of the defendant’s flagrant disregard for his workers, the public, and the environment in exposing them to dangerous airborne asbestos fibers.”

During O’Malley’s trial, the government presented evidence that O’Malley, owner and operator of Origin Fire Protection, was hired by Michael J. Pinski in August 2009 to remove asbestos-containing insulation from pipes in a five-story building in Kankakee, Ill. that was owned by Pinski through his company, Dearborn Management, Inc. Evidence was presented that neither O’Malley nor his company was trained to perform the asbestos removal work and that O’Malley agreed to remove the asbestos insulation for an amount that was substantially less than a trained asbestos abatement contractor would have charged to perform the work. Further, O’Malley arranged for James A. Mikrut to recruit and oversee workers to remove the asbestos.

The government’s evidence showed that various provisions of the Clean Air Act (CAA) and EPA regulations were violated, including, failure to properly notify the EPA, failure to have trained on-site representatives present, failure to ensure the asbestos insulation was adequately wetted while it was being stripped and removed, failure to mark vehicles used to transport the asbestos containing waste material and failure to deposit the asbestos in a waste disposal site for asbestos. Instead, the asbestos insulation was stripped from the pipes while dry, and then placed in more than 100 large, unlabeled plastic garbage bags. The bags were then dumped in an open field in Hopkins Park, resulting in soil contamination and exposing the workers hired by O’Malley to dangerous asbestos-laden dust.

Under the CAA there are requirements to control the removal, handling and disposal of asbestos, a hazardous air pollutant. Any owner or operator of a renovation or demolition activity which involves removal of specified amounts of asbestos-containing material must comply with the EPA regulations.    

O’Malley was charged in June 2010 with five felony violations of the CAA, along with Michael J. Pinski, 42, of Kankakee, Ill., and James A. Mikrut, 49, of Manteno, Ill. Pinski entered a plea of guilty on Aug. 19, 2011, to one count of violation of the Clean Air Act. Mikrut pleaded guilty on Aug. 24, 2011, to five counts of violation of the CAA. The sentencing hearings for Pinski and Mikrut will be scheduled at a future date.  

The charges were investigated by EPA’s Criminal Investigation Division, with assistance from the Illinois Environmental Protection Agency and the U.S. Environmental Protection Agency’s Superfund Division. Assistant United States Attorney Eugene L. Miller and Special Assistant U.S. Attorney James Cha are prosecuting the case.

More information about EPA’s criminal enforcement program: http://www.epa.gov/oecaerth/criminal/index.html


R131

Shenango, Inc. Settles Air and Water Pollution Violations with EPA, Pennsylvania and Allegheny County

Press release:

Shenango, Inc. Settles Air and Water Pollution Violations with EPA, Pennsylvania and Allegheny County

(PHILADELPHIA – July 25, 2012) The U.S. Environmental Protection Agency (EPA), the Pennsylvania Department of Environmental Protection (PADEP) and the Allegheny County Health Department (ACHD) have reached a settlement with Shenango Inc. (Shenango) resolving alleged air and water pollution violations at the company’s coke manufacturing plant on Neville Island, Allegheny County, Pa. The consent decree requires the company to pay $1.75 million in civil penalties and make significant upgrades to the plant, which is located about five miles north of downtown Pittsburgh.

Manufacturing coke involves heating coal at high temperatures in an industrial oven until it forms a residue. This residue, known as coke, is used in steel manufacturing as a fuel in blast furnaces, which are used to refine iron ore into steel. Coke manufacturing also produces gases and particles, some of which are hazardous, that are regulated by the federal Clean Air Act.

The Shenango facility has a history of noncompliance with federal, state and county regulations protecting public health from air pollution. In 2000, the previous owner of the plant entered into a consent decree with EPA and ACHD to bring the facility into compliance.

Since that time, the violations including emissions of sulfur and visible emissions of particulate matter have continued. As part of this settlement, the company must take actions to reduce visible particulate emissions to meet Clean Air Act standards by making repairs to the plant’s coke ovens.

The governments’ complaint also alleges numerous violations of the Clean Water Act including: exceeding the pollutant limits of the facility’s permit for discharging wastewater for several years; failure to properly operate and maintain the facility’s wastewater treatment plant; and unpermitted discharges of polluted runoff from the coal pile directly to the Ohio River.

The part of the consent decree between EPA, PADEP and Shenango resolving Clean Water Act violations requires the company to take remedial actions including:

• Building a new biological wastewater treatment plant;
• Implementing immediate upgrades to its current treatment processes while the new treatment facility is being constructed; and
• Constructing a coal pile runoff management system.

The civil penalties in the proposed consent decree include $1.25 million to be divided equally between the United States and Allegheny County for the facility’s Clean Air Act violations. The company has also agreed to pay Clean Water Act civil penalties of $500,000 divided equally between the United States and Pennsylvania. The consent decree is subject to federal court approval, after a 30 day public comment period.

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

U.S. Environmental Protection Agency, Region 7

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

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

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

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

Environmental News

FOR IMMEDIATE RELEASE

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

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

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

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

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

# # #

Syngenta Crop Protection to Pay $102,000 Penalty for Sale or Distribution of Misbranded Pesticides in Nebraska and Missouri

U.S. Environmental Protection Agency, Region 7

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

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

Syngenta Crop Protection to Pay $102,000 Penalty for Sale or Distribution of Misbranded Pesticides in Nebraska and Missouri

Contact Information: Chris Whitley, 913-551-7433, whitley.christopher@epa.gov

Environmental News

FOR IMMEDIATE RELEASE

(Kansas City, Kan., May 8, 2012) - Syngenta Crop Protection LLC, of Greensboro, N.C., has agreed to pay a $102,000 civil penalty to the United States to settle a series of environmental violations related to the sale or distribution of misbranded pesticides through its facility in Omaha, Neb., and through a farm supply retailer in Savannah, Mo.

According to an administrative consent agreement filed by EPA Region 7 in Kansas City, Kan., inspections of Syngenta’s Omaha facility and a business in Chesapeake, Va., in March and April 2011 found that between March 4 and April 5, 2011, Syngenta had received 16 imported shipments of Azoxystrobin Technical, a fungicide, whose bags were not labeled with an accepted EPA label.

During a separate inspection in August 2011 at Duncan Agri-Service, Inc., in Savannah, Mo., EPA found a bulk tank of Lumax Selective Herbicide, owned by Syngenta, whose label was missing a required warning statement about the required use of personal protective equipment by persons using the pesticide.

The labeling deficiencies related to the two pesticides were in violation of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), according to the settlement.

The sale or distribution of misbranded or mislabeled pesticides can pose serious risks to human health, plant and animal life, and the environment. Without proper labeling or safety instructions on packaging, users can unintentionally misapply pesticides and may not have adequate information to address needs for first aid in the event of emergency.

As a result of EPA’s enforcement action, Syngenta was required to relabel all of the shipments in question. The company has also instituted changes in its practices to prevent similar violations.

# # #

Idaho Frozen Food company pays EPA penalty for chemical reporting violations

Idaho Frozen Food company pays EPA penalty for chemical reporting violations

Contact: Hanady Kader, EPA Public Affairs, 206-553-0454, kader.hanady@epa.gov

Suzanne Powers, EPA Emergency Response Program, 360-753-9475, powers.suzanne@epa.gov

(Seattle — May 7, 2012) Rhodes International, Inc. will pay over $84,000 to settle hazardous chemical reporting violations at its facility in Caldwell, Idaho, according to a consent agreement with the U.S. Environmental Protection Agency.

The Rhodes facility produces frozen cinnamon rolls and other frozen bread products. According to EPA, the facility stored large amounts of anhydrous ammonia without properly reporting it to the Caldwell Fire Department, Canyon County Local Emergency Planning Committee and the State Emergency Response Commission.

“Local emergency planners and responders rely on this information to do their jobs. Its critical information for them to protect the community and themselves when a dangerous chemical release occurs,” said Wally Moon, Preparedness and Prevention Unit Manager from the EPA Emergency Management Program in Seattle.

Anhydrous ammonia is a pungent, toxic gas that attacks skin, eyes, throat, and lungs and can cause serious injury or death.

According to documents, the company failed to file inventory forms with state and local emergency response entities from 2006 through 2009, as required by law.

The failure to report large amounts of anhydrous ammonia to appropriate agencies is a violation of the federal Emergency Planning and Community Right-to-Know Act (EPCRA).

For information on EPA's Emergency Planning and Community Right to Know Act, visit http://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

Sentara Norfolk General Hospital Settles Hazardous Waste Violations

Contact: Donna Heron 215-814-5113 / heron.donna@epa.gov

 Sentara Norfolk General Hospital Settles Hazardous Waste Violations

PHILADELPHIA (May 1, 2012) -- Sentara Norfolk General Hospital has agreed to pay a $19,920 penalty to settle alleged violations of hazardous waste regulations at its medical facility, located at 600 Gresham Drive in Norfolk, Va., the U.S. Environmental Protection Agency announced today.

EPA cited Sentara for violating the Resource Conservation and Recovery Act (RCRA), the federal law governing the proper treatment, storage, and disposal of hazardous waste.

Following an inspection by EPA and the Virginia Department of Environmental Quality, EPA alleges Sentara failed to properly label and date containers of chemical waste. These RCRA requirements are preventative and ensure that public health and the environment are protected from potential cleanup situations if an incident occurs.

The $19,920 settlement penalty reflects the company's compliance efforts, and its cooperation with EPA in the investigation and resolution of this matter. As part of the settlement, Sentara has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA requirements.

For more information about hazardous waste and RCRA, visit http://www.epa.gov/epawaste/hazard/index.htm.

SAN JOAQUIN VALLEY LANDFILL TO SPEND $3.8 MILLION TO RESOLVE CLEAN AIR ACT VIOLATIONS

FOR IMMEDIATE RELEASE: Wednesday, March 28, 2012  DOJ CONTACT: Lauren Horwood, PHONE: 916-554-2706

U.S. EPA: Margot Perez-Sullivan, PHONE: 415-947-4149, Perezsullivan.margot@epa.gov

SAN JOAQUIN VALLEY LANDFILL TO SPEND $3.8 MILLION TO RESOLVE CLEAN AIR ACT VIOLATIONS

SACRAMENTO, Calif. — The United States Attorney’s Office for the Eastern District of California and the U.S. Environmental Protection Agency (EPA) announced today that Forward Inc., of Manteca, has agreed to a settlement to resolve alleged violations of air pollution laws at its landfill in Manteca. The settlement requires Forward to spend approximately $3.8 million to improve the landfill’s gas collection and control system and to replace trucks in the landfill’s fleet with less polluting vehicles. Forward has also agreed to pay a civil penalty of $200,000, to be shared with the San Joaquin Valley Unified Air Pollution Control District, a co-plaintiff in the enforcement action against Forward.

“Today’s settlement is good news for the families of the San Joaquin Valley,” said Benjamin B. Wagner, United States Attorney for the Eastern District of California. “Cleaning up the Valley’s air so that our children can breathe easier is important for all of us.”

“Landfill fires that deteriorate the air quality in San Joaquin Valley are unacceptable,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Our federal enforcement action requires the landfill to spend $3.8 million to eliminate the risk of polluting fires and replace old diesel trucks with cleaner burning vehicles.”

The settlement resolves allegations that Forward violated the Clean Air Act by operating gas extraction wells in the landfill’s gas system in violation of the permit it had received from the District, and that Forward did not obtain permits required for equipment at the landfill. Federal law requires large landfills that are significant emitters of air pollution to install and operate systems that will collect gasses, such as air toxics, organic compounds, and methane, out of the decomposing refuse and destroy them, rather than allowing them to escape into the atmosphere. Methane is a potent greenhouse gas. These systems are to be operated so that they draw and collect as much gas as possible without pulling air into the landfill that can start fires in the decomposing waste. The complaint alleges that Forward operated its gas system such that it caused multiple fires at the Manteca landfill.

The settlement requires Forward to overhaul the landfill’s gas system by November 2012 to improve gas control and collection and to bring the facility back into compliance with CAA regulations governing landfills, which will require an investment of approximately $1.7 million. The settlement also requires Forward to implement specific operations and maintenance actions to minimize air intrusion and the likelihood of subsurface fires at the landfill.

The settlement will also benefit the San Joaquin Valley’s air and its communities by reducing emissions of particulate matter (PM) and nitrogen oxide (NOx), which can cause and exacerbate health problems, haze, and smog. PM is a pollutant commonly associated with landfill fires, and Forward will reduce its PM emissions by replacing 19 diesel trucks it currently owns with cleaner burning vehicles by the end of 2013, at an estimated cost of $2.1 million. This will directly reduce PM by 3.4 tons and NOx by 83.2 tons, and will result in further indirect reductions of PM, as NOx is a precursor of PM. The NOx reductions yield a double benefit, as NOx is also a precursor for ozone, and the San Joaquin Valley is an extreme non-attainment area for ozone, another pollutant linked to health problems and smog. 

The consent decree, lodged in the U.S. District Court for the Eastern District of California, is subject to a 30-day public comment period and court approval and may be viewed at www.justice.gov/enrd/Consent_Decrees.html.

For more information about CAA landfill regulations, please visit the EPA’s web site at: http://www.epa.gov/ttn/atw/landfill/landflpg.html#IMP.

For more information about California air quality plans, please visit EPA’s web site at:http://www.epa.gov/region9/air/actions/ca.html.

# # # #

EPA Region 7 Issues Notice of Violation to Grain Processing Corporation, Inc., of Muscatine, Iowa, for Clean Air Act Issues

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 Issues Notice of Violation to Grain Processing Corporation, Inc., of Muscatine, Iowa, for Clean Air Act Issues

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

Environmental News

FOR IMMEDIATE RELEASE

(Kansas City, Kan., March 27, 2012) - EPA has issued a notice of violation to Grain Processing Corporation, Inc. (GPC), alleging the company has violated the Iowa State Implementation Plan and the federal Clean Air Act for issues related to construction and operating permits issued for its facility at Muscatine, Iowa.

EPA Region 7 has coordinated with the State of Iowa on the notice of violation, which is separate from a civil lawsuit filed December 1, 2011, by the Iowa attorney general, which alleges that GPC's facility violated the state's air pollution laws.

GPC’s plant at 1600 Oregon Street in Muscatine processes corn into ethanol, corn sweeteners and beverage alcohol.

EPA’s notice of violation to GPC specifically alleges that between 2007 and 2011, its facility repeatedly violated limits on air emissions opacity that were set forth in the company’s 1995 amended construction permit and 2003 operating permit. The notice further alleges GPC failed to notify the Iowa Department of Natural Resources of the opacity exceedances, and failed to address the exceedances in its annual compliance certifications for the years 2007 through 2011.

EPA’s notice to GPC does not address penalties, but indicates the Agency will consider additional enforcement action, which could include penalties, to ensure the facility complies with applicable laws and regulations. The notice can be viewed online at www.epa.gov/region7/newsevents/legal.

The notice was accompanied by an official request for information, which seeks details of GPC’s compliance with the Facility Response Plan requirements and Spill Prevention and Countermeasures Control requirements of the federal Clean Water Act. Information provided by the company in response to EPA’s request will be used by the Agency in evaluating GPC’s compliance. GPC’s response to EPA’s information request is due within 15 days.

# # #

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 - Fremont Facility

For Immediate Release: February 28, 2012

Contact: Margot Perez-Sullivan, perezsullivan.margot@epa.gov

U.S. EPA Fines Fremont facility $62,500 for Hazardous Waste Violations

SAN FRANCISCO—The U.S. Environmental Protection Agency fined Western Digital Corporation, a wafer fabrication facility that generates large quantities of hazardous wastes including solvents, acids and sulfates, $62,500 for the improper management of hazardous waste at its Fremont facility.

A 2010 inspection at Western Digital Corporation uncovered violations of federal standards governing the handling and storage of hazardous waste. In this case, the facility manufactures    components used to make hard drives, using a variety of hazardous materials.  Among the  violations were failure to properly label and seal containers, failure to control tank emissions, failure to adequately train personnel, failure to monitor equipment, failure to provide an adequate contingency plan, and failure to provide a leak detection system,

Under the EPA’s Resource Conservation and Recovery Act program, hazardous substances must be stored, handled and disposed of using measures that safeguard public health and the environment.

For more information on the Resource Conservation and Recovery Act, please visit the EPA’s web site at:  http://www.epa.gov/compliance/civil/rcra/index.html

News Release from EPA - Sumter Coatings

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

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

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

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

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

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

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

###

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.