Holcim (US), Inc. Agrees to Pay $36,500 Penalty for Clean Water Act Violations in Florence, Colorado

Company cited for unauthorized discharges to the Arkansas River and Bear Creek

Contacts: David Gwisdalla, 303-312-6193; Matthew Allen, 303-312-6085

(Denver, Colorado – April 5^th 2012) The U.S. Environmental Protection Agency has entered into a Combined Complaint and Consent Agreement (CCCA) with Holcim (US), Inc. (Holcim) in response to alleged violations of the Clean Water Act at its limestone and silica quarry and Portland cement plant located in Florence, Fremont County, Colorado.

EPA alleges that Holcim had unauthorized ground water discharges at the facility, failed to comply with sampling requirements, failed to comply with inspection requirements, and failed to develop an adequate stormwater management plan for its operations, in violation of its permit and the Clean Water Act. As a result, Holcim has agreed to pay a penalty of $36,500.

"Pollutants from industrial activities are a major water quality issue in our Nation’s waterways,” said Mike Gaydosh, EPA’s Enforcement Director in Denver. “It is the responsibility of businesses to ensure that they have the proper permits in place to conduct business and that they are operating in compliance with those permits."

Holcim’s facility lies adjacent to the Arkansas River and Bear Creek, which is a tributary to Arkansas River. At the time of the EPA’s inspection on January 21, 2009, the Portland cement plant had been discharging ground water without a permit since 2006 into the Arkansas River and since 2007 into Bear Creek. During the inspection, it was observed that the plant’s storm water management plan did not comply with their permit requirements. Inspectors also found sampling, analysis, and inspections were not being completed or were not completed in compliance with the facility’s storm water permit.

Stormwater runoff is generated when precipitation from rain and snowmelt events flows over land or impervious surfaces. This runoff accumulates debris, chemicals, sediment or other pollutants that could adversely affect water quality if unchecked and untreated. The primary method to control stormwater discharges is the use of best management practices that prevent and hold runoff. Most stormwater discharges require coverage under a Clean Water Act permit.

For more information on EPA’s storm water permitting program: http://cfpub.epa.gov/npdes/home.cfm?program_id=6

new water discharge permit for Concentrated Animal Feeding Operations (CAFOs)

Mark MacIntyre, EPA PIO/Seattle, 206-553-7302, macintyre.mark@epa,gov

Cyndi Grafe, EPA PIO/Boise, 208-378-5771, grafe.cyndi@epa.gov

(Boise, Idaho  — April 9, 2012) A new water discharge permit for Concentrated Animal Feeding Operations (CAFOs) will help protect Idaho’s rivers, lakes and streams from animal waste, according to the U.S. Environmental Protection Agency in Boise, Idaho. The new EPA "General Permit” regulates discharges to surface waters from most Idaho CAFOs, including those on tribal lands. The permit covers a wide array of Idaho livestock operations, not only beef cattle and dairy cows, but also horses, sheep, pigs and poultry.

Many CAFO operations in Idaho are well managed to protect against harmful discharges of animal wastes.   Runoff from CAFOs can discharge manure, litter, and process waste water into streams, lakes or other surface waters causing not only serious environmental harm, but also exposing people to pathogens.

CAFO runoff or over-application of manure can harm water quality, damage habitat and cause fish kills by introducing excessive nutrients to rivers and streams. Groundwater can also be harmed, when pharmaceuticals and nutrients seep through the soil and contaminate aquifers that many Idahoans depend on for drinking water.

According to Mike Bussell, Director of EPA’s office of Water and Watersheds in Seattle, the Agency is reaching out to help CAFO owners or operators understand why they need to apply for the permit if they expect to discharge to a nearby stream, creek, lake or river.

“This permit will give producers the certainty they’ve been seeking,” said Mike Bussell, “Our message is clear: If you operate a CAFO and there’s runoff from pens, feed and manure storage areas, or areas where manure is spread, you need a permit.”

Operations covered by the new general permit include:

• any animal feeding operation that either meets the EPA definition of a CAFO, or  designated a CAFO by EPA; and
• any CAFO that discharges to surface water from where animals are confined or manure and wastewater is spread.

In addition to the standard permit application, CAFO owners and operators must submit a nutrient management plan for EPA’s initial review. The EPA reviews these documents and will make them available for public comment before granting permit coverage.

CAFOs that have had permits in the past and wish to have continued coverage under the new permit, or CAFOs that discharge, will have 90 days after May 9, 2012 (effective date), to apply for their permit, submit their plan for review and obtain coverage under the new permit.

EPA will continue to work with the state of Idaho, tribal and local governments, environmental groups and other interested parties to get the new permit in place, offer compliance assistance to producers and safeguard Idaho’s water for the future.

For more about the new permit, please visit: http://www.epa.gov/region10/water/npdes/generalpermits.html

EPA Administrator Jackson and Philadelphia Mayor Nutter Sign Landmark Green City, Clean Waters Partnership Agreement

EPA Administrator Jackson and Philadelphia Mayor Nutter Sign Landmark Green City, Clean Waters Partnership Agreement

(PHILADELPHIA – April 10, 2012) U.S. Environmental Protection Agency (EPA) Administrator Lisa P. Jackson and Philadelphia Mayor Michael A. Nutter, joined by U.S. Representative Allyson Schwartz and city and federal officials, signed an agreement that represents a $2 billion investment in Philadelphia green infrastructure during an event at the Fairmount Water Works.

Over the next 25 years, the Green City, Clean Waters partnership agreement will transform many of Philadelphia’s traditional hardened surfaces to green areas to better manage potentially harmful rainwater runoff pollution. This unique federal – city partnership is designed to ensure the success of the Green City, Clean Waters Plan and to present the plan as a national model for cities embracing green stormwater infrastructure. Green infrastructure investments make our communities cleaner, healthier, and more attractive places to live and work.

"The EPA is proud to be working in partnership to support green infrastructure advances that will lead to cleaner waters and a stronger economy for the city of Philadelphia. This city has earned a place as a national and global leader on sustainable innovation and clean water protection," said EPA Administrator Lisa P. Jackson. "The Green City, Clean Waters Partnership promises to lead the way for communities across the nation, which can use the lessons learned through this long-term project to protect their health, safeguard their waters and boost their economies."

EPA will provide assistance to the city in identifying and promoting higher performing green infrastructure designs, convening technical expertise from around the country to advance green designs and support a green design competition, and help remove barriers to innovation in the city’s plan. EPA will also assist on research and technical assistance, and monitoring the effectiveness and evaluating benefits of the program through cooperation on water quality monitoring and modeling work that the city has undertaken.

“The Green City Clean Waters Plan is our proposal to revitalize our rivers and streams by managing stormwater in a way that provides multiple benefits. It will result in clean and beautiful waterways, a healthier environment and increased community value. The assistance of our many and diverse regulatory and public partners makes it the most cost effective investment of its kind in the country,” said Mayor Nutter. “Where other cities are challenged by very expensive commitments for tunnels, tanks and other gray infrastructure, we have worked with the state and the EPA to take this greener, more fiscally prudent approach that will realize multiple benefits.”

The city of Philadelphia is leading the development of green strategies to manage urban stormwater runoff – the 21^st century’s greatest challenge to the health of our nation’s rivers and streams. Philadelphia’s Green City, Clean Waters Plan layers green technologies modeled on natural practices on top of the city’s 3,000 mile sewer network, Philadelphia’s 20^th century investment in traditional “gray” infrastructure, to capture rainwater on the surface. Capturing rainwater prevents sewer overflows containing industrial and human waste from discharging to waterways during wet weather. It will transform streets, parking lots, schools, public spaces into urban landscapes that reduce sewer overflows to our waterways while enhancing our communities.

“The signing of this monumental agreement is a transformative step for urban environmental policy in the United States,” said Congresswoman Allyson Schwartz. “Philadelphia and the EPA's forward-looking collaboration on storm water runoff will help strengthen economic development, protect our drinking water and should serve as a model for cities around the country.”

Green City Clean Waters is based upon an adaptive management approach that will identify and maximize green practices that achieve the most efficient and cost effective environmental goals for the City of Philadelphia.

School Bus Company to Implement Anti-Idling Program and Pay Penalties under the Clean Air Act

News Release
U.S. Environmental Protection Agency
New England Regional Office
April 10, 2012

Contact:  David Deegan, (617) 918-1017

School Bus Company to Implement Anti-Idling Program and Pay Penalties under the Clean Air Act

(Boston, Mass. – April  10, 2012) - As part of a settlement for alleged excessive diesel idling in Connecticut, Massachusetts and Rhode Island, Durham School Services will commit to reduce idling from its school bus fleet of 13,900 buses operating in 30 states.  The anti-idling project is the result of an EPA New England enforcement action to address excessive school bus idling and reduce school children’s exposure to diesel pollution.

Durham School Services will pay a $90,000 penalty and perform environmental projects valued at $348,000.

In fall 2010, an EPA inspector observed Durham school buses idling for extended periods of time in school bus lots in Storrs, Conn., Worcester, Mass. and Johnston, R.I.  The inspector observed some buses idling for close to two hours before departing the bus lot to pick up school children. The state idling regulations in question, which are enforceable by EPA, generally limit idling in Connecticut to three minutes and in Massachusetts and Rhode Island to five minutes.

Under the settlement, Durham will implement a national training and management program to prevent excessive idling from its entire fleet of school buses. Through this program, Durham will train its drivers to comply with state and local anti-idling regulations and to avoid excessive idling. Durham will require supervisors to monitor idling in school bus lots, post anti-idling signs in areas where drivers congregate, and notify the school districts it serves of its anti-idling policy.


In addition, Durham will replace 30 older school buses (model years 1999 and 2000) with new buses that are equipped with state-of-the-art pollution controls.  

“Pollution from diesel vehicles is a serious health concern in New England and across the country,” said Curt Spalding, regional administrator of EPA’s New England office. “Children, especially those suffering from asthma or other respiratory ailments, are particularly vulnerable to diesel exhaust.  EPA is pleased with this settlement, which will dramatically limit school bus idling and help protect the health of school children in dozens of communities across the country.”

Idling diesel engines emit pollutants which can cause or aggravate a variety of health problems including asthma and other respiratory diseases, and the fine particles in diesel exhaust are a likely human carcinogen. Diesel exhaust not only contributes to area-wide air quality problems, but more direct exposure can cause lightheadedness, nausea, sore throat, coughing, and other symptoms. Drivers, school children riding on the buses, facility workers, neighbors and bystanders are all vulnerable.


Idling school buses consume about one-half gallon of fuel per hour. By reducing the idling time of each bus in its fleet by one hour per day, Durham would reduce its fuel use by 1.25 million gallons per year and avoid emitting 28 million pounds of carbon dioxide per year. Carbon dioxide is a greenhouse gas that contributes to climate change.

In a separate but related action, EPA recently issued a Clean Air Act Notice of Violation for Ocean State Transit, LLC and STA of Connecticut, Inc., which operate fleets of school buses at a number of different locations in Rhode Island and Connecticut.  The violations cited in the EPA Notice of Violation occurred at Ocean State’s locations in East Greenwich and South Kingstown, R.I. and at STA of Connecticut’s locations in Danbury, Naugatuck, Higganum, Stamford, and Groton, Conn.

More information: EPA Clean Diesel Campaign (http://www.epa.gov/otaq/diesel/index.htm)

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EPA Fines U.S. Virgin Islands Health Department for Long Term Mismanagement of Chemicals and Pesticides

EPA Fines U.S. Virgin Islands Health Department for

Long Term Mismanagement of Chemicals and Pesticides

Decaying and Mislabeled Containers Found at Two Facilities

Contact: John Martin, 212 637 3662; martin.johnj@epa.gov

(New York, N.Y. – April 10, 2012) The U.S. Environmental Protection Agency has found that the U.S. Virgin Islands Department of Health violated federal law governing the handling and storage of hazardous waste at two of its facilities and has fined the agency $68,000 for the violations. EPA inspections at the facilities, the Old Municipal Facility in Charlotte Amalie, St. Thomas and 3500 Estate Richmond, Christiansted in St. Croix, found unlabeled and decaying containers of chemicals and pesticides on the properties. Many of the containers spilled and the USVI Department of Health failed to properly identify what types of waste were being stored. In some instances, the hazardous chemicals had been kept on-site for over ten years in a state of neglect and decay. Among the hundreds of hazardous chemicals on-site were pyrethrin (a neurotoxin), chlorpyrifos (an insecticide) and calcium hypochlorite (a bleach) – all of which are toxic. Federal environmental law requires hazardous chemicals to be stored, handled and disposed of properly to safeguard public health and the environment.

Pesticides and insecticides are intended to harm or kill pests and are toxic by design. They can be very harmful to people’s health depending on the toxicity of the pesticide and the level of exposure. Pesticides have been linked to various forms of illnesses in humans, ranging from skin and eye irritation to cancer. Some pesticides may also affect the hormone or endocrine systems. All chemicals should be handled properly to protect people’s health.

“Pesticides are chemicals that must be handled and stored carefully and properly to protect the health of workers and the people who live near the facilities,” said Judith A. Enck, EPA Regional Administrator. “In this case, the U.S. Virgin Islands Department of Health repeatedly violated federal hazardous waste laws. Government, especially a health agency, should lead by example and ensure that pesticides and chemicals are properly handled.”

The Department of Health stores pesticide products to be used in the event of an outbreak of infectious disease. Among the violations, the Department of Health failed to determine which substances should be considered hazardous waste, as required by law, to ensure that they are managed properly. Correctly determining whether a waste meets the definition of hazardous waste is essential to determining how the waste must be managed. The Department of Health also failed to maintain and operate its facilities in a manner that minimized the possibility of a fire, explosion or accidental release of chemicals.

In 1998, the Department of Health asked the EPA for help in removing and properly disposing of outdated chemical products stored in one of its chemical storage buildings at the Old Municipal Facility in Charlotte Amalie, St. Thomas. The EPA responded, removed and properly disposed of the outdated chemicals and pesticides. Over 850 gallons of liquid pesticides and over 1,700 pounds of solid pesticides were removed by the EPA. Subsequently, the EPA strongly recommended that the Department of Health develop and follow pesticide storage and handling regulations to avoid a repeat of the environmental hazard.

In 2008, the EPA conducted an inspection of the St. Thomas facility and also visited 3500 Estate Richmond in St. Croix. Once again, the EPA observed conditions of neglect and sloppy practices. Pesticide products were abandoned and had spilled throughout the facilities. The EPA reiterated the need for the development of and adherence to a pesticide storage and handling program.

On September 30, 2010, the EPA ordered the Department of Health to institute a program to properly manage and dispose of pesticide products. Since the initial order, the department has properly removed all outdated chemicals, conducted an inventory of the remaining chemicals, properly stored them and created a pesticide storage and handling program. The EPA conducted follow-up inspections in 2011 and confirmed that the remaining chemicals were properly stored. In March 2012, the EPA issued its final order in this case, requiring the Department of Health to pay a $68,000 penalty.

For more information on pesticide regulation and enforcement, please visit the EPA’s Web site at: http://www.epa.gov/pesticides.

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

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E.P.A. Denies Request to Ban 2,4-D, a Popular Weed Killer

The following is an excerpt from an article in 

The New York Times
Tuesday, April 10, 2012

E.P.A. Denies Request to Ban 2,4-D, a Popular Weed Killer 

By ANDREW POLLACK

The Environmental Protection Agency on Monday said that the widely used herbicide 2,4-D would remain on the market, denying a petition from an environmental group that sought to revoke the chemical’s approval.

The E.P.A. said that the environmental group, the Natural Resources Defense Council, had not adequately shown that 2,4-D would be harmful under the conditions in which it is used.

“At best, N.R.D.C. is asking E.P.A. to take a revised look at the toxicity of 2,4-D,” the E.P.A. said in its decision, which was posted on its Web site.

“Yet the ground for tolerance revocation is a lack of safety.”

First approved in the late 1940s, 2,4-D is one of the most widely used weed killers in the world. It is an ingredient of numerous home lawn-care products, and it is used by farmers.

LEEDing the way - Adobe Publishes Environmentally Sustainability Goals

http://blogs.adobe.com/conversations/2012/04/leeding-the-way-adobe-publishes-environmental-sustainability-goals.html