Hazardous Waste Violations Lead to Heavy Fine

The EPA announced a settlement with Akron Steel Treating Co. to resolve alleged hazardous waste violations at the company’s facility at 336 Morgan Ave. in Akron, Ohio. Under the terms of the settlement, the company will address the alleged violations and pay a civil penalty of $105,855 to the federal government. The company treats carbon and stainless steel parts with heat to remove scale.

 

“EPA is dedicated to protecting communities such as Akron from the dangers posed by improper and unregulated hazardous waste storage,” said EPA Region 5 Administrator Debra Shore. “This settlement with Akron Steel Treating underscores EPA’s commitment to enforcing regulations and promoting environmental justice.”

 

EPA alleged that the company stored hazardous waste at the facility for more than 180 days without a Resource Conservation and Recovery Act permit as required. RCRA is the nation’s primary law governing the management of solid and hazardous waste, which helps protect human health and the environment.

 

EPA cited the company for the following RCRA violations:

 

The facility is in a community with potential environmental justice concerns. Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.

 

A new toolkit published this month by NIOSH is intended to help construction companies and contractors design work to remove significant hazards for construction workers. The “Prevention through Design Toolkit for the Construction Industry” focuses on preventing falls, reducing struck-by incidents in highway work zones and during building construction, and eliminating hazards in residential construction. NIOSH’s Prevention through Design (PtD) initiative promotes the concept of “designing out” or minimizing hazards and risks to prevent and control occupational injuries, illnesses, and fatalities. According to the agency, PtD “is the most reliable and effective way to protect workers.”

 

The toolkit includes tables that are intended to be used during the planning and design phase of projects to help architects, design engineers, and resident engineers who work with construction teams identify and eliminate potential hazards. Companies, contractors, and others can improve PtD application and certainty in the scope of work when relevant controls are included as part of construction bids and contracts, NIOSH explains.

 

The toolkit is available for download from NIOSH’s website.

 

NIOSH partners with AIHA, the American Society of Safety Professionals, and the National Safety Council to present the annual PtD Award, which recognizes individuals, teams, businesses, and other organizations that have eliminated or reduced hazards through design or redesign efforts or have contributed to the body of knowledge that enables PtD solutions. The 2024 award was presented at AIHA Connect in Columbus, Ohio, in May.

 

The EPA issued two enforcement alerts addressing regulatory requirements and associated compliance issues at municipal solid waste landfills (MSW landfills). The alerts address Clean Air Act requirements that control the release of landfill gases (LFG), particularly methane, a climate super pollutant from MSW landfills. The alerts provide an overview of the Clean Air Act regulatory requirements related to landfill air emissions and are intended to help address the climate crisis and ensure that landfill owners, operators, and contractors comply with the law and take the necessary steps to avoid potential EPA enforcement actions.

 

The first enforcement alert, “EPA Investigations Find Municipal Solid Waste Landfill Operators are Failing to Properly Conduct Compliant Monitoring and Maintenance of Gas Collection and Control System,” is intended to remind MSW landfill owners, operators and their consultants to conduct routine monitoring and maintenance of gas collection systems to ensure all landfill emissions are being properly captured and controlled.

 

The second enforcement alert, “MSW Landfill Operators Fail to Include Wastes from Total Degradable Waste-in-Place and Properly Sample Landfill Gas, Resulting in Underreported Emissions,” is intended to remind MSW landfill operators, owners and their consultants to properly identify and document nondegradable wastes excluded in calculations and to collect representative LFG samples for non-methane organic compounds analysis and emission calculations.

 

“After the hottest summer on record, the need to limit climate change is more critical than ever before,” said EPA Assistant Administrator for Enforcement and Compliance Assurance David M. Uhlmann. “Landfills are the third largest source of methane, a climate super pollutant that is 80 times more potent than carbon dioxide. Landfill owners and operators must meet their legal obligations to control methane emissions that contribute to global climate change—and EPA will hold them accountable if they fail to do so.”

 

In 2022, the most recent year for which data is available, methane releases accounted for approximately 14.4 percent of total emissions. This is approximately equivalent to greenhouse gas emissions from more than 24 million gasoline-powered vehicles driven for one year or the carbon dioxide emissions from more than 13.1 million homes’ energy use for one year.

 

Because methane is both a powerful greenhouse gas and short-lived compared to carbon dioxide, achieving significant reductions will have a rapid and significant effect on reducing the impact on climate change. At the same time, methane emissions resulting from MSW landfills represent a lost opportunity to capture and use a significant energy resource.

 

In August 2023, EPA announced its first-ever climate enforcement initiative – Mitigating Climate Change – as one of six National Enforcement and Compliance Initiatives (NECIs) for fiscal years 2024-2027. The new climate change initiative focuses additional resources on reducing emissions of the highest impact super-pollutants – hydrofluorocarbons (HFCs) and methane. Under the methane-focused component of the initiative, EPA is seeking to ensure greater compliance with environmental laws at oil and gas facilities and landfills.

 

Following on the mitigating climate change initiative, the EPA issued its “Climate Enforcement and Compliance Strategy” on Sept. 28, 2023. The strategy requires EPA’s enforcement and compliance program to fairly and vigorously enforce the full array of EPA’s climate rules, including greenhouse gas reporting requirements and limits on other climate pollutants such as carbon dioxide and nitrous oxide. The strategy also recognizes that while the impacts of climate change affect people in every region of the country, certain communities and individuals already overburdened by environmental stressors and with less access to the resources needed to adapt to and recover from climate change impacts are especially vulnerable.

 

The two alerts highlight EPA enforcement actions taken over the past several years to address noncompliance with the Clean Air Act requirements. For example:

Under the settlement, Allied Waste will operate a gas collection and control system to reduce the amount of harmful chemicals, primarily methane, as well as other harmful organic compounds, released into the air and paid a $671,000 penalty. This settlement will eliminate 86,000 metric tons of carbon dioxide equivalent methane emissions per year.

 

 

The U.S. Environmental Protection Agency (EPA) announced a Clean Air Act (CAA) settlement with Mountain Meadows Lamb Corporation, doing business as Superior Farms, Inc., which resolves alleged violations of toxic chemical-related regulations at the North Denver meat processing facility located 4900 Clarkson Street, Denver, Colorado.

 

An EPA inspection revealed several CAA violations related to the company’s management of anhydrous ammonia, a chemical used as a refrigerant that can be hazardous to human health if not managed properly. Superior Farms has certified to EPA that it addressed these findings and will pay $119,200 in civil penalties as part of the settlement. The company will also spend at least $250,000 on a Supplemental Environmental Project (SEP), which will provide significant equipment upgrades, beyond what is required by codes and standards, to prevent an ammonia release from its facility.  

 

“I’m glad that Superior Farms is implementing critical safety measures to protect workers and the community,” said EPA Regional Administrator KC Becker. “This settlement will benefit the surrounding community by preventing dangerous chemical accidents.”

 

Deficiencies found by EPA’s inspection included failure to identify hazards using appropriate hazard assessment techniques, failure to design and maintain a safe facility to prevent releases and failure to minimize the consequences of accidental releases. The Superior Farms facility is subject to CAA regulations because it stores and processes anhydrous ammonia in its refrigeration system. The CAA's General Duty Clause applies to all facilities holding less than 10,000 pounds of anhydrous ammonia.

 

This settlement is part of EPA’s National Enforcement and Compliance Initiative to reduce risks from chemical accidents. The initiative focuses on improving compliance with environmental laws within the chemical manufacturing industry sector, where accidental chemical releases can pose serious risks to human health and the environment.

 

 

The EPA has announced proposed settlement agreements with Paramount Builders, Inc. and Continental Transport Corporation over Clean Water Act Violations on Tutuila Island, American Samoa.

 

Under the proposed agreements the companies would pay a combined $76,000 for illegal discharges into the Nu’uuli and Tula coastal waters, and Amaile Stream.

 

“Construction companies must comply with the environmental laws that protect our streams and coastlines from unlawful dumping,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “Preventing illegal shoreline and stream modifications will protect American Samoa’s essential coral reefs and shoreline resources.”

 

In 2022, Paramount Builders began construction on an access road rehabilitation project along Route 008 in Tula. The project worked to fortify the road from shoreline erosion. Paramount Builders used mechanized equipment to place rock, soil, and concrete tri-bar along 2,600 feet of coastal waters in Tula, leading to violations of the Clean Water Act.

 

In 2023, Paramount Builders completed the Amaile Stream Flood Control project to channelize approximately 300 feet of a natural stream. As part of this project, Paramount Builders used heavy equipment to excavate, haul, and spread fill material into the stream and used concrete to reinforce the streambed and banks in violation of the Clean Water Act. The Amaile Stream flows into the Nu’uuli coast.

 

Under the proposed settlement, Paramount Builders would pay a $50,000 fine for these violations of federal environmental law.

 

In late 2022, Continental Transport began construction on the Nu’uuli Village Road Shoreline Revetment Project along the eastern shoreline of Coconut Point. The project aimed to fortify the road from shoreline erosion. Continental Transport Corporation used mechanized equipment to place rock, soil, and concrete tri-bar along 330 feet of coastal waters, leading to violations of the Clean Water Act. Under the proposed settlement, Continental Transport would pay a $26,000 fine.

 

Paramount and Continental each worked for the American Samoa Government, Department of Public Works (ASDWP) for these projects, and all three entities failed to obtain the required Clean Water Act permits to do the work. In October 2023, EPA entered into an Administrative Order on Consent with ASDPW to resolve its liability in relation to these placements. Under the Administrative Order, ASDPW is required to conduct an inventory and screening process for its aquatic resources to ensure its future earth-moving projects have the appropriate Clean Water Act permits.

 

 

Impacts from the illegal placements to protected coral species may include physical damage to corals, sedimentation and turbidity in the water, chemical contamination from equipment, introduction of invasive species on equipment, and noise impacts to fish who feed in the coral habitat.

 

Damage may also come from phase shifts in coral reefs, which occur when the dominance of reef-building corals decreases and the dominance of non-reef-building organisms increases.

 

Phase shifts may occur when poor water quality and smothering of corals from sedimentation reduce coral productivity. Degradation of coral condition may also occur from chemical pollutants or increases of invasive species that may lead to phase shifts.

 

 

The EPA announced the finalization of national discharge standards to control the release of pollutants and invasive species from approximately 85,000 vessels operating in U.S. waters.

 

These standards, issued through EPA’s Vessel Incidental Discharge National Standards of Performance final rule, address discharges that occur with normal operation of large vessels. EPA’s final rule will help address harmful pollutants, including bacteria, pathogens, oil, grease, and metals while reducing the spread of invasive species that can damage ecosystems and infrastructure.

 

“Clean water and healthy aquatic ecosystems provide multiple benefits to nearby communities. They support commerce and commercial fishing, they serve as sources of drinking water, and they connect people to nature,” said EPA Principal Deputy Assistant Administrator for Water Bruno Pigott. “EPA’s final rule will help protect our vital waterways while reducing the spread of invasive species, like zebra mussels. The agency’s final rule also delivers on Congress’ direction to establish nationwide requirements that replace the current patchwork of federal, state and local requirements.”

 

EPA’s Vessel Incidental Discharge National Standards of Performance final rule applies primarily to non-recreational, non-Armed Forces vessels 79 feet or longer (such as commercial, research and emergency rescue vessels) and ballast water from fishing vessels and non-recreational, non-Armed Forces vessels less than 79 feet long.

 

Discharges can happen during normal operation of these vessels while operating equipment and systems onboard, such as oil from machinery and wastewater from showers and sinks. Through best management practices and treatment standards, the EPA’s final rule addresses 20 discharges and their associated pollutants.

 

For example, the final rule requires “Lakers” – large vessels operating in the Great Lakes – that are constructed in the future, to operate ballast water management systems. This new federal requirement addresses known ballast-water management challenges aboard Lakers and will help reduce the spread of invasive species throughout the Great Lakes.

 

EPA’s new standards will not be implemented for up to two years while the U.S. Coast Guard develops and issues corresponding regulations. Until the U.S. Coast Guard regulations are final, effective and enforceable, vessels continue to be subject to the existing discharge requirements established in the EPA’s 2013 Vessel General Permit (pdf) and the U.S. Coast Guard’s ballast water regulations, as well as any other applicable state and local government requirements.

 

 

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