The former and current owners and operators of a chemical facility in Addyston, Ohio, LANXESS Corp. and INEOS ABS USA Corp., have agreed to pay a $3.1 million civil penalty and INEOS will spend up to $2 million to install environmental controls and modify operating procedures to resolve violations of multiple environmental laws, the Justice Department and EPA announced July 31.
The settlement resolves a complaint filed by the United States and the state of Ohio alleging violations of the Clean Air Act, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Emergency Planning and Community Right-to-Know Act (EPCRA).
“We are pleased that this settlement requires INEOS to go beyond compliance and take immediate steps to reduce emissions of hazardous air pollutants. The reductions will produce real health benefits for the people of Ohio,” said John C. Cruden, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division.
“This settlement is an excellent example of state, local, and federal agencies working together to improve the environment in the Addyston, Ohio area,” said Bharat Mathur, the EPA Region 5 Acting Regional Administrator.
Under the agreement filed in U.S. District Court in the Southern District of Ohio, INEOS, the current owner and operator of the Addyston Facility, has agreed to upgrade environmental controls and make multiple modifications of its operating procedures including:
- Operating its flare in accordance with specific new parameters to ensure control of volatile organic compounds (VOCs), which include hazardous air pollutants, in accordance with its flare control efficiency permit requirements
- Installing a new biofilter system in the wastewater treatment system to reduce acrylonitrile emissions, a hazardous air pollutant
- Conducting a comprehensive review of compliance with emergency release reporting regulations
- Implementing a comprehensive set of leak detection and repair (LDAR) practices that go beyond regulatory requirements.
- Additionally, the LDAR practices agreed to in the settlement include an innovative program to replace valves with new low leak valve technology and to monitor and repair equipment that is leaking at a lower rate than required by regulations, thereby reducing fugitive emissions from leaks.
EPA estimates that the settlement will reduce multiple harmful emissions from the facility’s historical operations including 360 tons of butadiene emissions per year from the flare controls, one ton of acrylonitrile emissions per year from the biofilter project and 60 tons per year in hazardous air pollutants from the enhanced LDAR program. Since the company was notified of its violations, they have implemented a series of emissions reduction projects to reduce these emissions.
EPA classifies acrylonitrile as a probable human carcinogen and butadiene as a known human carcinogen by inhalation. Some of the effects associated with short-term inhalation exposure to acrylonitrile and butadiene are similar and include irritation of the eyes, skin and respiratory tract and central nervous system effects such as drowsiness, dizziness, headaches, and nausea. In addition, VOCs contribute to the formation of ozone. Ozone has been shown to be responsible for the reduction of lung function, respiratory symptoms, and increased lung inflammation. Ozone also causes damage to forests and crops, fabric, and exterior coatings such as oil and acrylic latex, oil coatings, and automotive finishes.
According to the complaint filed simultaneously with the consent decree, the Addyston Facility allegedly violated the Clean Air Act’s requirements for monitoring and repairing leaks of hazardous air pollutants, and emitted hazardous air pollutants on more than 30 occasions in excess of the legal limits. The facility also failed to comply with requirements relating to the flare, which controls emissions of butadiene, a hazardous air pollutant, by repeatedly failing to meet a 99% control efficiency and minimum heat content requirement required by its permits. LANXESS also failed to immediately report releases of hazardous substances to proper federal, state, and local emergency response authorities.
HEAD/Penn Racquet Sports Failed to Report Chemicals to Annual Toxics Release Inventory
EPA has fined HEAD/Penn Racquet Sports $24,780 for allegedly failing to report the amount of toxic chemicals released by its Phoenix, Arizona, facility, in violation of the federal Emergency Planning and Community Right-to-Know Act—also known as SARA Title III.
The company failed to report emissions of N-hexane and zinc compounds to the EPA’s annual Toxics Release Inventory for 2007. The Connecticut-based corporation owns and operates the facility located at 306 S. 45th Avenue in Phoenix.
“These reports provide the public with valuable information about the toxic chemicals being released in their communities,” said Nathan Lau, the EPA’s Communities and Ecosystems Division associate director for the Pacific Southwest. “This should remind others that the EPA is maintaining a close watch over chemical reporting practices and is serious about enforcing community right-to-know laws.”
Information from these reports is then compiled into a national database and made available to the public.
Largest Manufacturer of Hospital Disinfectants Fined $550,000 for FIFRA Violations
EPA has recently settled a third pesticide enforcement case against Lonza Inc., the nation’s largest manufacturer of hospital disinfectants, for multiple violations of the federal law that regulates pesticides. Most recently, the New Jersey-based company agreed to pay more than $550,000 in fines for allegedly making misleading claims regarding the efficacy of two products. The settlement is one of the largest civil penalties assessed under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Combined with earlier settlements, the penalties total over $640,000. Under a previous settlement, the company also developed a ground-breaking supplemental environmental project, valued at $390,000.
“It may surprise people to know that part of EPA’s job is to make sure disinfectants are as effective as they claim, and we take this job very seriously,” George Pavlou, Acting EPA Regional Administrator said. “Products that make claims that are not met put people at risk of getting sick. We are pleased that Lonza has agreed to not only pay penalties but to take steps that will go a long way toward rectifying the problem.”
Before any pesticide is sold in the United States, it must go through EPA’s vigorous registration process. During this process, companies must provide health studies and environmental information about the product to ensure that its proper use does not cause any negative human or environmental effects. It is incumbent upon the manufacturer to ensure that a product functions as stated on the label. If EPA decides to register the product, it grants the manufacturer an EPA registration number, which is listed on the product. EPA also works closely with the manufacturer on the label language to make sure that it is clear and as specific as possible about how the product may be used.
Products cited for inefficacy in the most recent case were: Saniphor No. 450, registered as a tuberculocide, but found ineffective against a bacterium that causes tuberculosis; and 7 Healthcare Disinfectant Neutral Cleaner, which EPA tests determined did not kill the pathogen Pseudomonas aeruginosa, as claimed on the label. In addition, Klear Guard Tub & Tile Foaming Germicidal Cleaner was cited as misbranded for use of a label with missing first aid information.
In addition to monetary fines, EPA’s earlier settlement with Lonza Inc. required it to implement the innovative supplemental environmental project. Lonza has already begun its project to institute rigorous quality assurance and product efficacy testing at more than 470 formulators of Lonza products nationwide. This will help ensure that the products sold are effective and provide public health protection.
Top 20 Organizations Running on Their Own Green Power
For the first time, the EPA’s Green Power Partnership recognized 20 partners for generating the most green electricity on site. Combined, the top 20 partners are generating and consuming more than 736 million kilowatt hours (kWh) of on-site green power annually. This is equivalent to the electricity needed to power more than 61,000 American homes annually. The partners’ contributions are helping to expand America’s renewable energy portfolio, improve the nation’s energy security, and reduce their organizations’ greenhouse gas emissions.
“These companies are leading a nationwide move to the clean energy economy, one that can create million of jobs, reduce our dependence on foreign oil, and protect against global climate change,” said EPA Administrator Lisa P. Jackson. “Our Green Power Partnership leaders are setting the standard for our clean energy future.”
The top five partners from the list of 20, Kimberly-Clark Corporation, Los Angeles County Sanitation Districts, City of San Diego, San Jose/Santa Clara Water Pollution Control Plant (Calif.), and CalPortland, consumed and generated the greatest amount of on-site green power. By using more than 535 million kWh of on-site green power, these partners prevented carbon dioxide emissions equivalent to the emissions from more than 70,000 passenger vehicles per year.
Green power is generated from renewable resources such as solar, wind, geothermal, biomass, biogas, and low-impact hydropower. On-site green power is deployed directly at energy users’ facilities rather than at central power plants. Green power electricity generates less pollution than conventional power and produces no net increase in greenhouse gas emissions.
EPA’s Green Power Partnership works with more than 1,100 partner organizations to voluntarily purchase green power to reduce the environmental impacts of conventional electricity use. Overall, the partners are buying more than 16 billion kWh of green power annually, equivalent to the carbon dioxide emissions from electricity use of more than 1.6 million American homes.
EPA is also updating its other top partner lists, including its National Top 50 Purchasers list. Intel Corporation, PepsiCo, Whole Foods Market, Kohl’s Department Stores, and Dell Inc. continue to rank in the top five overall of green power purchasers.
Georgia Zipper Manufacturer to Pay $240,000 Penalty for RCRA Violations
The EPA has finalized a case involving alleged RCRA violations against YKK (U.S.A), Inc., a zipper manufacturer with facilities in Macon, Georgia. In accordance with the Consent Agreement and Final Order (CA/FO) filed July 22, 2009, YKK has agreed to pay a penalty of $240,000 to resolve several alleged violations of RCRA and the Georgia Hazardous Waste Management Act (GHWMA). The alleged violations include failure to prepare manifests for hazardous waste containers and failure to meet certain conditions for a permit exemption relating to storage, labeling, marking, inspection, and recordkeeping.
On May 29, 2008, the Georgia Environmental Protection Division (EPD) inspected an EZ Emission facility in Rex, Georgia, after receiving a complaint from the owner about unknown containers stored there. During the inspection, EPD discovered approximately nine containers marked “Hazardous Waste” and affixed with YKK’s shipping labels. EPD further discovered that the containers had been placed at this location by a hazardous waste vendor used by YKK. Upon this discovery, YKK immediately arranged for these containers to be removed to a properly-permitted location. As part of EPD’s investigation concerning the discovered wastes, EPD inspected a private residence on June 12, 2008 owned by the vendor, and discovered approximately seven containers affixed with YKK’s shipping labels. This residential location was also the vendor’s business address supplied to EPD.
A RCRA compliance evaluation inspection (CEI) of YKK’s Ocmulgee Park and Chestney Site facilities was conducted by EPA and EPD on August 6, 2008 to determine compliance status and to investigate the circumstances associated with the discovery of YKK’s wastes. Based on the previous discovery of YKK’s wastes and the CEI, EPA issued a Notice of Violation to YKK on February 4, 2009 identifying alleged violations of RCRA. On February 26, 2009, upon discovery, YKK immediately notified EPA and GAEPD that additional containers of wastes affixed with YKK’s shipping labels were stored by the vendor at a self-storage facility in Macon, Georgia, that had been rented by the vendor. EPA inspected the self-storage facility the following day, and confirmed that approximately 57 containers of YKK’s wastes were left in storage. YKK arranged for these containers to be removed to a properly-permitted location pending further investigation. YKK has certified that all alleged violations have been corrected as part of the CA/FO.
EPA Fines Companies for Improper Storm Water Management at Construction Site
EPA has fined a developer and a construction company for their failure to obtain a permit and follow federal regulations for handling storm water runoff from the Harbour Lakes residential development in Palmas del Mar, Puerto Rico. The two companies, Palmas Lakes, Inc. and F& R Contractors, have agreed to pay fines totaling $100,000.
F&R Contractors failed to obtain permits under the National Pollutant Discharge Elimination System (NPDES) program, and Palmas Lakes, Inc. failed to meet permit requirements. NPDES is a program under the federal Clean Water Act that regulates storm water discharges associated with sewer systems, and industrial and construction activities. NPDES regulations require owners and operators of construction sites larger than one acre to obtain permits and to develop and implement storm water pollution prevention plans, including best management practices to minimize the amount of pollutants reaching waterways.
“Improper management of storm water can have serious environmental consequences for our harbors, rivers, lakes and streams,” said EPA Acting Regional Administrator George Pavlou. “EPA remains vigilant in holding accountable those who refuse to comply with federal laws.”
Manke Lumber in Tacoma Fined for Storm Water Violations
The Washington Department of Ecology (Ecology) is penalizing Manke Lumber’s Tacoma mill $69,000 for ongoing storm water management problems and failure to implement corrective actions outlined in a 2007 Ecology order. Along with the penalty, Ecology is issuing a new order directing Manke Lumber to fix problems without delay.
Manke Lumber operates a sawmill and manufactures wood pellets along the Hylebos Waterway. The mill is required by its storm water permit to monitor and test runoff, which drains to the Hylebos and into Commencement Bay.
Ecology inspectors previously identified storm water problems at Manke Lumber and penalized the company accordingly. Follow up inspections indicate the same types of violations continue:
- The company failed to monitor storm water discharges in the correct locations, and has ignored Ecology’s order to do so.
- The facility is poorly maintained. Inspectors noted widespread oil stains on the ground.
- Industrial fluids are stored in the open, exposing the fluids to inclement weather and risking storm water pollution.
- Loose soils and wood debris are tracked out of the facility and into city storm drains.
- Required monitoring reports haven’t been submitted to Ecology.
- The company failed to update its pollution prevention plan.
“Ecology has tried a number of strategies to get Manke Lumber to improve its pollution prevention efforts, including face-to-face conversations, formal letters, penalties and orders,” said Kelly Susewind, Ecology’s Water Quality Program manager. “We’re hopeful this penalty will make Manke management realize we’re serious that they need to comply with their permit and protect the bay.”
The penalty also includes a new violation found during a joint Ecology Industrial Storm Water Compliance and Urban Waters Initiative inspection in February 2009. Ecology staff discovered that water used to clean the mill’s air scrubber unit was overflowing and discharging to a storm water pond and the Hylebos Waterway. This was also a clear violation of the mill’s storm water permit, Susewind said. Process water, as this is known, can’t be discharged into a storm drain.
Under the Urban Waters Initiative, Ecology inspects facilities along Commencement Bay, the lower Duwamish in Seattle and the Spokane River to find and prevent sources of pollution. The Urban Waters Initiative complements work by the Puget Sound Partnership and other governments, tribes and stakeholders to meet Gov. Chris Gregoire’s goal of a healthy Puget Sound by 2020.
Manke Lumber has a history of compliance problems. Ecology inspections in 2005 and 2007 led to a $16,000 penalty and administrative order. Prior to that, the same facility was fined in 2002. Other Manke facilities elsewhere in the region have also been fined for storm water permit problems. The company has 30 days to pay or appeal the fine and order.
Construction Project Fined $62,000 for Water Violations
The Washington State Department of Ecology (Ecology) has fined Wellington Hills Park, LLC $62,000 for ongoing and repeated water quality violations at the company’s construction project near Woodinville. Storm water from the 14-acre project flows into Snohomish County storm drains which discharge to Little Bear Creek. The salmon-bearing stream has been the object of many community restoration and water-quality improvement projects. The creek flows to Puget Sound by way of the Sammamish River and Lake Washington.
Ecology’s penalty cites Wellington Hills for 13 violations, including releases of muddy water, failure to employ practices to protect against such discharges, and failure to follow formal orders to correct ongoing violations. The project’s owners paid Ecology $5,000 in 2002 and $8,000 in 2003 for penalties at the site. Two of the violations in the current penalty also occurred in the earlier cases.
“The problems with this project have continued on and off for years,” said Kelly Susewind, who manages Ecology’s water quality program. “We’ve made the needed corrective steps known, informally at first and later through formal orders and notices. Wellington Hills must get this matter under control, and right away.”
The violations include:
- Discharges of muddy water, which can damage gills and cause fish to suffocate. The same violation prompted both of the earlier penalties.
- Failure to prepare and carry out a plan to prevent storm water pollution at the site, also an element of the 2003 penalty.
- Not taking preventive measures required in the construction storm water permit, including failure to stabilize the site (leaving bare soil exposed to rain and runoff), failure to place filter sheets over storm drain inlets, and improper storage of chemicals and fuels.
- Allowing vehicles to track mud and dirt from the site onto adjoining roads where washed into storm drains.
- Failure to comply with a March 2009 eight-point order from Ecology to correct the ongoing violations.
Snohomish County also has taken actions to bring the project into compliance with local standards and ordinances. Wellington Hills may seek a review by Ecology or file an appeal with the Washington State Pollution Control Hearings Board within 30 days.
Port of L.A. Terminal Fined $47,100 Penalty for Storm Water Violations
According to the EPA, between October 1, 2004 and January 17, 2008, APM Terminals Pacific Limited—one of the world’s largest container terminal companies—reportedly discharged industrial-activity storm water at its marine shipping container terminal facility, a violation of Clean Water Act and the California National Pollutant Discharge Elimination System.
“Controlling storm water pollution is key to improving Southern California water quality,” said Alexis Strauss, Water Division director for the EPA’s Pacific Southwest region. “Many tools to control storm water pollution are simply good housekeeping and continued maintenance.”
Polluted runoff is a major cause of water pollution, which can carry pollutants from industrial sources, such as metals, oil and grease, acidic wastewater, bacteria, trash, and other toxic pollutants into nearby water sources. The EPA requires industrial facilities to prevent water pollution by complying with federal and state water pollution requirements.
This action is part of a larger enforcement initiative focusing on ports to ensure their tenants comply with storm water requirements. EPA and the Los Angeles Regional Quality Control Board conducted a storm water audit of the Ports of Los Angeles and Long Beach in May 2007, and issued 20 administrative orders to the Ports’ tenants in November 2007, including APM Terminals Pacific Limited.
Frontier Aluminum Fined $36,500 for Improperly Managing Hazardous Waste
EPA has fined Frontier Aluminum, an aluminum extrusions manufacturer, $36,500 for failing to comply with federal hazardous waste management regulations at two of its facilities located in Corona, California.
EPA inspected the Frontier Aluminum facilities on May 21, 2008, and found that the company violated RCRA regulations by engaging in multiple hazardous waste management violations, including failure to:
- properly close containers
- properly maintain tank leak detection system
- conduct daily inspections of its tanks
- create adequate aisle space
- conduct weekly inspections
- obtain a permit to store hazardous waste
- submit a 2007 biennial report
“This agency will see that Frontier Aluminum, as well as any other business that generates hazardous wastes, will comply with all hazardous waste regulations or risk facing costly fines and legal action,” said Jeff Scott, director of the Waste Management Division for the EPA’s Pacific Southwest region. “Strict enforcement of hazardous waste regulations not only protects the health and environment of a local community, it also helps ensuring a level playing field for all businesses, regardless of their size.”
Frontier Aluminum Corp. is a producer, finisher and fabricator of aluminum extrusions. Among the hazardous wastes stored by the Frontier Aluminum Corp. was solvent-based paint related wastes, acids, and filter cake, a type of chrome-based waste.
Smaller Than Expected, But Severe, Dead Zone in Gulf of Mexico
NOAA-supported scientists, led by Nancy Rabalais, Ph.D. from the Louisiana Universities Marine Consortium, found the size of this year’s Gulf of Mexico dead zone to be smaller than forecasted, measuring 3,000 square miles. However the dead zone, which is usually limited to water just above the sea floor, was severe where it did occur, extending closer to the water surface than in most years.
Earlier this summer, NOAA-sponsored forecast models developed by R. Eugene Turner, Ph. D. of Louisiana State University and Donald Scavia, Ph.D. of the University of Michigan, predicted a larger than normal dead zone area of between 7,450–8,456 square miles. The forecast was driven primarily by the high nitrate loads and high freshwater flows from the Mississippi and Atchafalaya rivers in spring 2009 as measured by the U.S. Geological Survey.
Rabalais believes the smaller than expected dead zone is due to unusual weather patterns that re-oxygenated the waters, among other factors. “The winds and waves were high in the area to the west of the Atchafalaya River delta and likely mixed oxygen into these shallower waters prior to the cruise, thus reducing the area of the zone in that region,” said Rabalais. “The variability we see within each summer highlights the continuing need for multiple surveys to measure the size of the dead zone in a more systematic fashion.”
“The smaller area measured by this one cruise, therefore, does not represent a trend and in no way diminishes the need for a harder look at efforts to reduce nutrient runoff.”
The average size of the dead zone over the past five years, including this cruise, is now 6,000 square miles. The interagency Gulf of Mexico/Mississippi River Watershed Nutrient Task Force has a goal to reduce or make significant progress toward reducing this dead zone average to 2,000 square miles or less by 2015. The Task Force uses a five-year average due to relatively high interannual variability.
The dead zone is fueled by nutrient runoff, principally from agricultural activity, which stimulates an overgrowth of algae that sinks, decomposes, and consumes most of the life-giving oxygen supply in the water. The Gulf of Mexico dead zone is of particular concern because it threatens valuable commercial and recreational Gulf fisheries that generate about $2.8 billion annually.
The models used to forecast the area of the dead zone are constructed for understanding the important underlying causes to inform long-term management decisions, but they do not include short-term variability due to weather patterns.
Prior to the Louisiana consortium cruise, NOAA’s Southeast Monitoring and Assessment Program found a similar sized dead zone during its annual five-week summer fish survey.
Pennsylvania DEP Fines Koppers Inc., More than $23,000 for Hazardous Waste Violations
“The company did not notify DEP in a timely manner that hazardous creosote wastewater was leaking, and did not correct all the violations until five months later,” said DEP Northcentral Regional Director Robert Yowell. “We are disappointed in the company’s environmental compliance performance and it must improve.”
Koppers notified DEP on September 29, 2008, that cracks in the company’s containment area had allowed about 500 gallons of creosote-contaminated wastewater to leak to the soil. The notification occurred three days after the release instead of immediately as required by state environmental regulations.
In addition to the cracks in the containment area, the collection system responsible for removal of waste was not being operated properly, which contributed to the release.
DEP conducted a follow-up inspection in November 2008 and discovered that three hazardous waste storage tanks were not properly labeled, and the hazardous waste storage tanks that accepted runoff were not being managed to maintain design and operating standards.
In early December 2008, Koppers personnel pumped 80,407 gallons of hazardous waste from the storage tanks for shipment by rail. The department did not document that all the violations were corrected until March. The fine was paid to the Solid Waste Abatement Fund that pays for cleanups across the state.
Failure to Train Staff and Other Hazardous Waste Violations Cost Minnesota Community Colleges $18,000
Minnesota State Colleges and Universities System (MnSCU) and the Minnesota Pollution Control Agency (MPCA) have reached an agreement that requires MnSCU to pay the MPCA $18,000 for alleged hazardous waste violations. The violations occurred at Hibbing Community College in St. Louis County.
An MPCA staff inspection in 2007 confirmed several hazardous waste violations at Hibbing Community College. The failure to train staff is a repeat violation from previous inspections at Hibbing Community College and other MnSCU locations throughout the state.
In addition to paying the $18,000 civil penalty, MnSCU was required to correct all the violations. The penalty has been paid and all corrective actions have been completed.
Supermarket Assessed $11,068 Penalty Following Spill of Vegetable Oil
The Massachusetts Department of Environmental Protection (MassDEP) has assessed an $11,068 penalty to Big Y Foods, Inc., for failing to provide notification, and for failing to perform a timely cleanup following a release of used vegetable oil that occurred at its Big Y Supermarket in Worcester.
On September 12, 2008, a representative of Big Y Foods notified MassDEP of a vegetable oil release at the supermarket located on Mayfield Street. Oil was released from an outdoor storage vat where used vegetable oil was stored while awaiting scheduled collections for disposal. Heavy rains caused severe flooding and standing water reached depths up to four feet behind the supermarket. Rain water overfilled the vat and displaced the oil contained in the vat, resulting in a release estimated to be between 90 and 120 gallons. The displaced oil impacted the pavement behind the supermarket, and flowed into the nearby Beaver Brook, causing an oil sheen in the stream.
Big Y’s notification of the spill to MassDEP was performed well after the two-hour reporting period allowed under the state regulations.
Under the terms of the consent order, Big Y will pay $9,000 of the penalty, and review and revise its existing spill management plan in order to prevent similar events in the future. The remaining $2,068 penalty has been suspended provided that Big Y remains in compliance with applicable regulations for the next 12 months.
“Prompt notification to MassDEP ensures that all proper steps are taken to immediately and completely address a release to the environment,” said Martin Suuberg, director of MassDEP’s Central Regional Office. “We appreciate that the release was ultimately cleaned up properly, and that Big Y has taken steps to prevent this from occurring again.”
Oregon DEQ Issues $10,000 Penalty to Property Owner for Water Quality Violations
The Oregon Department of Environmental Quality (DEQ) has issued a $10,000 civil penalty to William Scott Pitts for water quality violations at his property in Grants Pass. DEQ also has ordered Mr. Pitts to develop and implement an erosion control plan.
The penalty was issued for causing or allowing erosion from the property to discharge to East Jones Creek and cause sedimentation in the creek. East Jones Creek is habitat for trout and other fish species that require clean gravel for reproduction. The sedimentation caused by the discharges reduces the amount of habitat available for fish spawning and may also have smothered fish eggs or other aquatic life in the gravel at the time of the discharges.
DEQ first issued two warning letters to Mr. Pitts in 2005, advising him that he needed to use erosion control measures on his property to prevent discharge of turbid storm water to the creek. In 2006, DEQ issued a third letter stating that an inspection had found conditions little changed at the property and again advised Mr. Pitts of the need to put in erosion controls.
A May 2009 DEQ inspection found extensive soil destabilization and soil erosion into East Jones Creek. Another inspection in June found soil erosion from the property had caused a buildup of sediment in the bed of East Jones Creek.
Mr. Pitts has 20 days to appeal or pay the penalty and 30 days to submit an erosion and sediment control plan for the property.
EPA Fines City of Benicia, California, $3,250 for Failing to Update Risk Management Plan
EPA has fined the City of Benicia, California, $3,250 for failing to update and resubmit a federal Risk Management Plan () for its water treatment plant, in violation of the nation’s Clean Air Act.
“Facilities and communities such as Benicia must provide timely and accurate Risk Management Plan information to the EPA,” said Daniel Meer, associate director for the Pacific Southwest region’s Superfund program. “The plans provide important emergency preparedness and response information and help to ensure that industries are doing their part in preventing chemical accidents.”
According to the EPA, the Bay Area community of Benicia failed to:
- Analyze and report one worst-case release scenario;
- Establish a Process Hazard Analyses procedure to update and revalidate the PHA every five years;
- Establish and implement written procedures to maintain the on-going integrity of the process equipment, consistent with good engineering practices;
- Certify compliance with the provisions of the prevention program at least every three years; and
- Review and update the RMP and submit it to EPA for a five-year update.
When properly implemented, RMPs help prevent chemical releases and minimize their potential impacts at facilities large amounts of hazardous substances and flammable chemicals are stored. Facilities are required to update and resubmit their RMP at least once every five years, which is used by the EPA to assess chemical risks to surrounding communities and to prepare for emergency responses.
EPA Fines Yuba City $2,400 for Failing to Update Risk Management Plan
EPA has fined the city of Yuba City, California, $2,400 for failing to update its RMPs for its water and wastewater treatment plants. In its 2007 hazard assessment, the city failed to identify local parks and recreation areas, where people could potentially be affected if there were a chlorine release from the two treatment plants. The city also failed to certify that operating procedures were current and accurate as required by federal regulations, and certify that it had completed a compliance audit by a June 1, 2006 deadline, which is required every three years. The EPA discovered the violations during a routine inspection in December 2007. The city has since addressed all violations discovered during the inspections.
Ohio EPA Wants to Retire Power Plant Nitrogen Oxide Credits
Ohio EPA is asking U.S. EPA to reapprove a change in the state’s plan to improve air quality, and will hold a public hearing on August 11, 2009, to accept comments on its request.
EPA required 22 states and the District of Columbia to reduce emissions of nitrogen oxide (NOx), an ozone precursor, to reduce the out-of-state contribution to ground-level ozone pollution in the eastern United States. U.S. EPA set a cap on the total NOx emissions from regulated units in Ohio. Beginning in 2004, and for each following year, regulated electric-generating units receive an allocation of NOx credits from Ohio’s NOx budget. Each NOx allowance represents one ton of NOx emissions. In 2005, Ohio EPA retired 240 unused NOx credits that had been set aside for utilities to use for new facilities or expansions in 2006. The 240 credits represent 0.5 percent of the total allowances distributed to utilities that year. The retirement of these credits assists Ohio EPA in attaining and maintaining national air quality standards.
The state asked U.S. EPA to approve the action (which was adopted as a rule in July 2006) as a change in the state’s implementation plan, and U.S. EPA had approved it. That approval was challenged by the utilities. In June 2009, a federal court remanded the decision to U.S. EPA for reconsideration, which is why the state is asking U.S. EPA for approval again.
The August 11 hearing will begin at 2 p.m. at Ohio EPA, Lazarus Government Center, 50 West Town St.,Columbus. Questions concerning the rules can be directed to Paul Braun at 614-644-3734.
EPA Fines Pesticide Company Maximum Allowable Penalty for Illegal Pesticide Application
EPA has fined PDI Pest Control Co., $650—the maximum penalty for first-time offenders applying registered general use pesticides—for allegedly using pesticides contrary to label requirements at a daycare center on Navajo Nation lands.
An employee of PDI Pest Control Co., a pesticide applicator, applied Tempo SC Ultra in an occupied classroom where contact by people could occur contrary to explicit label instructions. The pesticides were improperly applied at the Ganado Child Care facility in Ganado, Arizona.
“This company’s failure to apply the pesticide correctly may have put children at risk,” said Katherine Taylor, associate director of the Communities and Ecosystems Division in the EPA’s Pacific Southwest region. “Companies must ensure employees applying pesticides protect people from exposure by following all label requirements.”
The Navajo Nation EPA discovered the violation during a routine inspection in October 2008. Navajo Nation inspectors are authorized to inspect for violations of both Navajo and federal pesticide laws.
Before selling or distributing any pesticide in the United States, companies must register the pesticide with the EPA and include labeling directions for use and other information necessary to protect human health and the environment. Federal law requires that pesticide applicators comply with these labeling directions during pesticide applications to protect their workers and the public.
Key EPA CERCLA Policies for Groundwater Restoration
The EPA Office of Solid Waste and Emergency Response has issued Directive 8283.1-33 which provides a compilation of some key existing EPA groundwater policies to assist EPA Regions in making groundwater restoration decisions pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the National Contingency Plan (NCP).
NPDES Overview Course Now Available On-line from EPA
EPA is now offering segments of its NPDES Permit Writers’ Course on-line. The National Pollutant Discharge Elimination System (NPDES) permitting program is authorized under the Clean Water Act to control the discharge of pollutants from industrial and municipal point sources to waters of the United States.
The full version of the NPDES Permit Writers’ Course is a five-day training course covering the key elements of NPDES permit development. The course is taught by experienced EPA staff and contractors and has been very successful in training new EPA and State NPDES permit writers. The recorded presentations now available on-line are not intended to replace the “live course,” but should enable permit writers who attended the NPDES Permit Writers’ Course to review the material on demand in a self-paced environment. The Web-based presentations should also be useful for those who have not attended a live course, but who wish to become familiar with important concepts of the NPDES permit program.
. This web site provides links to the presentations, as well as introductory text describing the training materials, and explanations of how to navigate through the presentations. Additional training materials will be posted to the site in the coming months.
Kentucky DEP Issues New General Permits for Storm Water Discharges in Construction and Coal Mining
The Kentucky Department for Environmental Protection (DEP) has issued new general permits for storm water discharges associated with construction activity and for wastewater discharges associated with coal mining activities within the Commonwealth of Kentucky. The permits went into effect August 1, 2009.
The storm water general permit requires all construction site operators engaged in clearing, grading and excavating activities that disturb one acre or more of land to obtain permit coverage under the National Pollutant Discharge Elimination System (NPDES) for their construction storm water discharges. Conditions of the permit include compliance with approved erosion/sediment control and storm water management plans, self-monitoring, and record keeping.
The storm water permits are implemented based on best management practices (BMPs) such as diversion, detention, erosion control, sediment traps, gravel construction entrances, covered storage, spill response, stream buffer zones and good housekeeping. Permittees are required to conduct inspections weekly and the day after any rainfall event resulting in runoff. They must also maintain on-site copies of written inspection reports and any associated enforcement actions.
Persons seeking storm water general permit coverage must file a Notice of Intent (NOI) to discharge either electronically or on paper. NOIs submitted electronically will be processed within seven days of receipt and paper NOIs within 30 days.
The Division of Compliance Assistance and DOW will offer four half-day training sessions in August to provide an overview of the new permit requirements.
Air Force Center for Engineering and the Environment (AFCEE): Sustainable Remediation Website
It also contains the Sustainable Remediation Tool (SRT), which is free and available to all.
Sustainable Remediation White Paper
Large remediation projects can consume significant amounts of energy and emit large quantities of greenhouse gases. Site owners and local communities are increasingly knowledgeable about these sustainable remediation issues. In this paper, sustainable remediation is broadly defined as a remedy or a combination of remedies whose net benefit on human health and the environment is maximized through the judicious use of limited resources.
Draft Integrated Science Assessment for Particulate Matter
The document was prepared by the National Center for Environmental Assessment (NCEA) within EPA’s Office of Research and Development as part of the review of the national ambient air quality standards (NAAQS) for particulate matter.
South Carolina Environmental Assistance Conference
The fourth annual South Carolina Department of Health and Environmental Control (DHEC) Environmental Assistance Conference will be held in Columbia on November 4, 2009. “The conference is intended to provide compliance assistance to the regulated community and to update them on regulation and permit changes,” said Bob King, deputy commissioner of DHEC’s Environmental Quality Control. “There will be an opportunity to meet with DHEC staff members to ask specific questions that directly impact their facility. Display booths and presentations will cover topics concerning environmental regulations pertaining to air, land, and water.”
The conference will be held at the Columbia Conference Center, 169 Laurelhurst Ave, Columbia, South Carolina, 29210. The registration fee is $55 per person and includes lunch and snack breaks. Participation is limited to the first 250 registrants.
Environmental News Links
Trivia Question of the Week
Place the sediment runoff rates from the following activities in sequence, from the least runoff rate to the greatest runoff rate:
a. Agriculture
b. Construction
c. Forest
d. Trick question, they are all the same
