EPA Reaches Agreement with Maine Company to Address Hazardous Waste Violations

The EPA announced an agreement with Northeast Coating Technologies, Inc. that resolves alleged violations of federal Resource Conservation and Recovery Act (RCRA) and the State of Maine's hazardous waste management rules at the company's facility in Kennebunk, Maine.

 

"EPA's core mission is to protect human health and the environment," said EPA New England Regional Administrator Mark Sanborn. "The agreement reached with Northeast Coating Technologies will better protect Maine residents from the risks posed by hazardous waste."

 

Northeast Coating Technologies was found to be out of compliance with federal and state regulations that are designed to ensure the proper treatment, management, and storage of certain types of hazardous waste. EPA inspected the facility in 2023 and found a number of deficiencies of RCRA and Maine standards for the treatment and storage of hazardous waste. A detailed summary of alleged violations can be found in the consent agreement, which is available from EPA upon request. 

 

Under the agreement with EPA, Northeast Coating Technologies will pay a penalty of $140,000, and the company has certified that the facility is now in compliance with RCRA and Maine's hazardous waste management rules. The company has also taken other steps, such as developing a company-wide environmental health and safety management system, to ensure compliance with environmental regulations. 

 

Hazardous waste that is improperly managed poses a serious threat to human health and the environment. RCRA gives EPA the authority to address hazardous waste from "cradle-to-grave." To achieve this, EPA develops regulations, guidance, and policies that ensure the safe management and treatment of solid and hazardous waste, as well as programs that encourage source reduction and beneficial reuse.

 

 

EPA seeks representatives from small businesses, governments, and nonprofits to participate in two upcoming Small Business Advocacy Review (SBAR) panels. One panel will provide advice and recommendations that will inform the agency’s development of a proposed rule to address unreasonable risks associated with legacy uses of asbestos. These risks were identified in Part 2 of EPA’s risk evaluation of asbestos under the amended Toxic Substances Control Act. The other SBAR panel will provide the same function for EPA’s proposed rule addressing unreasonable risks identified in the TSCA risk evaluation of formaldehyde.

 

According to EPA’s call for nominations, the agency is in the early stages of developing regulations to protect public health from unreasonable risks associated with both substances as part of the risk management step in the TSCA process. Federal agencies are required under the Regulatory Flexibility Act to establish SBAR panels for proposed rules that may have significant economic impacts on small entities. While the panel is in session, a selected group of representatives will inform the panel members about potential effects the proposed rule may have on their company, government, or organization. In addition to the small entity representatives, the SBAR panels will include representatives from the Small Business Administration, the Office of Management and Budget, and EPA.

 

EPA is also beginning risk management activities for three other chemicals with recently completed TSCA risk evaluations: tris(2-chloroethyl) phosphate (TCEP), diisononyl phthalate (DINP), and diisodecyl phthalate (DIDP). The agency has not yet determined whether SBAR panels will be necessary for these chemicals.

 

EPA seeks self-nominations from small entities that may be subject to the proposed rules for asbestos or formaldehyde, as well as from trade organizations that exclusively or primarily represent affected small entities. Self-nominations to participate in the asbestos SBAR panel must be received by EPA by Sept. 7. Self-nominations for representatives to the formaldehyde SBAR panel must be received by Aug. 22. Further information is available on EPA’s website.

 

The EPA announced a settlement with the California Ammonia Company (CALAMCO) for claims of violations of the Clean Air Act (CAA). CALAMCO stores and distributes anhydrous ammonia for various agricultural operations to produce fertilizers. The facility also manufactures, stores, and distributes smaller quantities of aqueous ammonia to agricultural producers. Under the terms of the settlement, CALAMCO agreed to undertake significant chemical safety improvements and pay a penalty of $460,465.

 

“Protecting communities, local firefighters and other emergency responders from chemical accidents is a top priority for EPA,” said EPA Region 9 Administrator Josh F.W. Cook. “Anhydrous ammonia is an extremely dangerous substance and needs to be dealt with as such. It is of the utmost importance that facilities like this one follow the law and ensure safety measures are in place.”

 

Anhydrous ammonia is an effective refrigerant, but can cause serious, often irreversible health effects when released. In addition to potential impacts from inhalation or skin contact, the chemical is highly flammable.

 

EPA inspected CALAMCO’s Stockton facility in March 2022, and determined there were numerous violations of the CAA Section 112(r), also called the Risk Management Program (RMP), and the General Duty Clause, including:

 

An underestimate of the quantity of ammonia that could be released in an incident and failure to document the population that could be affected by such an incident. These measures are necessary for first responders and community members to adequately prepare for potential accidents.

 

CALAMCO has been cooperative in working to significantly improve its RMP throughout 2023 and 2024 as part of this settlement. The company has corrected equipment deficiencies, properly labeled ammonia processing equipment, updated its operating procedures, and performed a new process hazard analysis, among other improvements.

 

For more information on reporting possible violations of environmental laws and regulations visit EPA’s enforcement reporting website.

 

 

The U.S. Chemical Safety and Hazard Investigation Board (CSB) has launched an investigation into the explosions and fires that occurred last week at a U.S. Steel plant in Clairton, Pennsylvania, about 15 miles outside of Pittsburgh. The incident killed two workers and injured at least 10 others. According to CSB, the Clairton Coke Works facility processes raw coal into coke, which is used in steelmaking. The facility is considered the largest of its kind in North America, with nearly 1,300 workers on site each day. CSB, an independent federal agency charged with investigating major chemical accidents and recommending safety improvements for the chemical industry, “will work to determine the cause of this tragic incident and identify actions that can be taken to help ensure that a similar disaster like this does not happen again,” said CSB Chairperson Steve Owens.

 

A statement issued by U.S. Steel on Friday describes findings from the early stages of the investigation, which is being conducted by CSB along with the United Steelworkers, U.S. Steel employees, and others.

 

“Preliminary indications lead us to believe that the explosion happened when flushing a gas valve, in preparation for planned maintenance,” the statement says. “Pressure built inside the valve, leading to valve failure and coke oven gas filling the area and ultimately exploding when finding an ignition source.”

 

 

The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) recently announced the incorporation of updated editions of 19 voluntary industry technical standards by reference into the U.S. Pipeline Safety Regulations. Updating the editions of incorporated standards helps promote innovation, reduce regulatory burdens, and align with industry best practices. The Final Rule is the latest in a series of actions taken by PHMSA aimed at deregulation.  

 

The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113) directs federal agencies to use voluntary consensus standards in lieu of government-written standards whenever possible. To date, PHMSA has incorporated more than 80 industry consensus standards into the U.S. Pipeline Safety Regulations.

 

The final rule can be accessed in the Federal Register here.

 

 

The EPA collaborated with the U.S. Department of Agriculture (USDA) to respond to concerns about a lagoon overflowing with discharge from a slaughterhouse in Aibonito, Puerto Rico. EPA inspected and, within two weeks, issued an order under the Clean Water Act (CWA) that resulted in the facility fixing the immediate issue and stopping the discharge. 

 

“EPA is on the job, performing inspections and working diligently to ensure that facilities meet their statutory obligations,” said EPA Regional Administrator Michael Martucci. “In this case, the action needed was clear. By acting quickly and working closely with our federal partner, we were able to stop the discharge almost immediately and protect a waterway that communities use for drinking water.”

 

After receiving a notice from USDA about the visible discharge, EPA inspected the facility and found a severely eroded berm that was designed to hold discharge in but, instead, was allowing animal fluids and other wastewater to flow directly into Aguas Creek. EPA’s administrative order required the operator of the facility to repair the berm in the short term and comply with its CWA obligations. The operator quickly complied with the short-term measures, ending the water contamination issue. EPA is now working on long-term solutions to ensure residents and nearby communities continue to have clean water.

 

EPA remains committed to helping businesses and municipalities meet environmental standards while fostering economic growth and protecting human health. Through training, technical guidance, and case-by-base problem solving, EPA works with facilities to fulfill its core mission of protecting human health and the environment, while simultaneously helping businesses thrive.

 

 

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