SPCC, EPCRA, and RMP Frequently Asked Questions

In the Database, you can browse and search frequently asked questions about the Emergency Planning and Community Right-to-Know Act , Risk Management Plans (RMP), and Oil Pollution Prevention—which includes oil discharge regulations, Spill Prevention, Control, and Countermeasure (SPCC) plans, and Facility Response Plans (FRP). You can submit your own question if a similar one is not available in the Database.

EPA’s Superfund, TRI, EPCRA, RMP, and Oil Information Center is also available to answer questions via telephone from 10:00 a.m. through 3:00 p.m. EST, Monday through Thursday. During May, June, and July, extended hours are available from 9:00 a.m. through 5:00 p.m. EST Monday through Friday.

The contact telephone numbers for the Information Center include:

800-424-9346 — Toll Free
703-412-9810 — Metropolitan DC area and international calls
800-553-7672 — Toll Free TDD
703-412-3323 — Metropolitan DC area and international TDD

New Address for Submitting RMPs under Section 112(r) of the Clean Air Act

EPA has authorized the following contractor to access information that has been, or will be, submitted to EPA under Section 112(r) of the Clean Air Act (CAA) as amended: CGI Federal, Inc., and its subcontractor, Management Support Technology, Inc., (MSTI). 

Beginning September 21, 2009, Risk Management Plans (RMPs) are to be submitted to EPA as follows.

For submittals via U.S. mail:

Risk Management Plan Reporting Center
P.O. Box 10162
Fairfax, VA 22038

Courier deliveries and express mail should be addressed to:

RMP Reporting Center, c/o CGI Federal
12601 Fair Lakes Circle
Fairfax, VA 22033

Some of the information submitted under Section 112(r) may be claimed as confidential business information (CBI) by the submitter. The contractor’s and subcontractor’s personnel will be required to sign nondisclosure agreements prior to receiving access to CBI. All contractor access to CAA CBI will take place at the contractor’s facility. The contractor will have appropriate procedures and facilities in place to safeguard the CAA CBI to which the contractor and its subcontractor have access.

This new contract for CGI and MSTI to receive and manage the 112(r) data will be effective through March 30, 2012 or until contract termination.

EPA Seeks Comment on Greener Site Cleanups

EPA is seeking public comment on a new strategy that would make cleanups at hazardous waste sites greener. 

EPA is accepting comments on action items that fall into three major categories: policy and guidance development, resource development and program implementation, and program evaluation. The strategy also contains several recommendations including a call for EPA to implement a series of near-term program initiatives, and to establish a baseline of Superfund energy usage. The public comment period is open for 60 days.

Reducing the demands placed on the environment during cleanup of contaminated land is a high priority for EPA. In addition to the new strategy, EPA has developed Principles for Greener Cleanups. The principles call for EPA’s cleanup programs to use greener approaches during any phase of site work and establish the goal of evaluating cleanup actions to ensure protection of human health and the environment while reducing the environmental footprint of cleanup activities, when feasible. Cleanups that do not satisfy threshold requirements for protectiveness or do not meet site specific cleanup objectives are not considered greener cleanups.

EPA Releases Survey Results on Coal Ash Impoundments

Following the coal ash spill at a Tennessee Valley Authority facility in Kingston, Tennessee, EPA requested the information from electric utilities to inform an assessment of the structural integrity of the surface impoundments. The responses from electric utilities cover 584 units from 219 facilities.

In addition, EPA is conducting on-site assessments of the coal ash impoundments and ponds at electric utilities. By the end of the calendar year, EPA will assess all of the units that have a dam hazard potential rating of “high” or “significant” in the responses provided by electric utilities to EPA’s information request. The hazard potential rating refers to the potential for loss of life or damage if there is a dam failure. The ratings do not refer to the structural stability of the dam. Dams assigned the high hazard potential rating are those where failure or misoperation will probably cause loss of human life; dams assigned a significant hazard potential rating are those where failure will not probably cause loss of human life but can cause economic loss, environmental damage, or damage to infrastructure (e.g., roads and bridges). The results of this effort will be posted on EPA’s website as final reports are completed.

EPA Redirecting Internet Users to Regulations.gov for Federal Register Information

The Federal Register List Serve will continue for a period after the transition, but will no longer be available after December 31, 2009. List serve subscribers will receive e-mails containing links and bookmarks to Regulations.gov based on one of the twelve topical list serves they have subscribed to.

You will able to select how frequently you would like to receive emails (i.e., daily, weekly, or monthly).

EPA Orders ZKW Trading to Present Recycling Plan for 31,993 Pounds of Electronic Waste

EPA has ordered Monterey Park, California-based, ZKW Trading to submit a management plan for approximately 31,993 pounds of cathode ray tubes (CRTs) that were illegally shipped to, and later returned from, Hong Kong, China—a violation of RCRA.

CRTs are the video display components of televisions and computer monitors. The glass in these units typically contains enough lead to require managing it as hazardous waste under certain circumstances.

“The EPA is ordering ZKW Trading to submit a plan detailing how it will ensure that thousands of pounds of CRTs are managed in an environmentally sound manner,” said Jeff Scott, director of Waste Programs for the EPA’s Pacific Southwest region. “Electronic recyclers, freight forwarders, and shipping brokers must obey federal regulations for exporting electronics or else face possible legal action.”

In June 2009, ZKW Trading reportedly consigned 38 pallets of cathode ray tubes—listing the cargo as plastic scrap—for shipment to Hong Kong, where it was rejected by Hong Kong customs authorities. In July, the Bureau of Customs and Border Protection informed the EPA of the return of ZKW’s shipments back to the United States.

ZKW Trading now has 30 days to remove its cargo, and forty-five days to submit a plan to the EPA detailing how it will reuse, recycle, or discard the CRT’s or face fines of up to $37,500 per day of noncompliance for each violation.

New regulations took effect in January 2007 requiring exporters shipping CRTs to another country for recycling to notify the EPA and receive written consent from the receiving country before shipments can be made.

EPA Sues Parish Chemical for Hazardous Waste Violations

A complaint has been filed in federal district court in Salt Lake City on behalf of the EPA against the Parish Chemical Co., of Vineyard, Utah, alleging noncompliance with federal law regulating the management and storage of hazardous wastes.

The complaint seeks compliance with federal law and civil penalties for violations of RCRA and its implementing regulations, including the State of Utah’s federally authorized hazardous waste program. EPA intends to recover more than $646,000 in costs incurred in responding to the release or threatened release of hazardous substances at the Parish Chemical facility, located at 145 N. Geneva Road.

EPA’s complaint is based on several site inspections and a removal action at the facility revealing significant noncompliance with federal laws regulating the management and storage of hazardous wastes. Alleged violations at Parish Chemical include storage of hazardous waste without a permit, failure to have liability insurance, failure to have financial assurance for facility closure, failure to perform air emissions tank assessments, inadequate evaluation of storage tank integrity, and inadequate labeling of hazardous waste containers and tanks, among others.

“The neglect discovered at Parish Chemical represents a continuing threat to the safety of employees, nearby residents and the environment,” said Eddie Sierra, EPA’s Assistant Regional Administrator for Enforcement in Denver. “Our goal is to compel this company to comply with all applicable environmental and health and safety requirements.”

Parish Chemical is a manufacturing company that specializes in the research, development, and production of organic chemicals and materials. The facility encompasses 2.5 acres and includes a two-story building with offices, laboratories, a process area and various storage areas. In addition, the facility includes chemical and drum storage areas adjacent to and outside of the main building, as well as at least two surface impoundments. The following substances, among many others, have been found at the facility: methylene chloride, acetone, dimethyl formamide, petroleum ether, tetrahydrofuran, dichloroethyl ether, benzene, toluene, perchloric acid, and phosphorus pentachloride.

Nonpareil Corporation Pays Over $95,000 for Failure to Properly Report Ammonia Storage On-site

Nonpareil Corporation failed to file Emergency and Hazardous Chemical Inventory Forms with local emergency response entities in Idaho.  The facility produces a baked potato casserole that is frozen and packaged for retail sale, and uses an ammonia refrigeration system in this process.

“People’s safety and preventing chemical accidents are a top priority for EPA,” said Edward Kowalski, Director of EPA’s Office of Compliance & Enforcement in Seattle. “We’re committed to reducing the likelihood and severity of accidental chemical releases by enforcing the law, protecting people and the environment and creating a level playing field for industry.”

In addition to the penalty, Nonpareil agreed to provide over $77,000 to replace five refrigerant recirculation pumps with leak free hermetically sealed pumps at its Teton Valley Ranch facility as part of a supplemental environmental project. The replacement of the pumps will improve the integrity of the system and reduce the risk of an anhydrous ammonia release into the environment. Ammonia is a colorless gas that can cause severe burns to skin, eyes, throat, and lungs, and with high enough exposure, death.

Under the EPCRA requirements, facilities that store significant quantities of certain hazardous chemicals, including ammonia, are required to submit an inventory of these chemical to the State Emergency Response Commission, the Local Emergency Planning Committee, and the local fire department. Emergency responders rely on this information for their safety and to help protect nearby residents during an emergency, such as a fire or earthquake. Citizens can also access the information to find out what chemicals are being stored and used in their neighborhoods.

EPA Proposes to Disapprove Texas Changes to Air Permitting Program

 Final decisions about changing the program will be made under an expedited schedule agreed to under a recent settlement with Texas businesses. During that time EPA intends to work with the state and interested parties to quickly identify and adopt changes that will better protect air quality for all Texans.

“Plans are already underway to bring together state regulatory officials, industry representatives and community leaders to find ways to address concerns with the air permitting program. Texas’ air permitting program should be transparent and understandable to the communities we serve, protective of air quality, and establish clear and consistent requirements,” said Acting Regional Administrator Lawrence Starfield. “These notices make clear our view that significant changes are necessary for compliance with the Clean Air Act.”

The CAA ensures that businesses across the country operate efficiently and cleanly. States have flexibility in carrying out the Act’s requirements, but states must still adhere to standards of public process, transparency, and public health protection. The Act does not allow an undue advantage for one state over another, ensuring a level playing field among industry.

Under the CAA, all states must develop plans approved by EPA for meeting federal requirements to protect public health. Since EPA approved Texas’ major clean-air permitting plan in 1992, the state has submitted over 30 regulatory changes to the EPA approved plan. The proposals being made by EPA represent some of the agency’s main concerns with the state’s air-permitting program and the need to more effectively work toward improved air quality as required by law.

Also, in November 2008, EPA issued a Federal Register Notice proposing to disapprove some of the state’s public participation program. The state’s proposed program provided inadequate opportunities for the public to review permit decisions in Texas, as compared with public participation opportunities provided by other states. EPA will issue its final decision on this proposal by November 30, 2009.

EPA has less than one year to issue its final decisions on the three remaining proposals outlined above, finalizing the Qualified Facilities revision, Flexible Permit revision, and New Source Reform revision no later than March 2010, June 2010, and August 2010 respectively.

EPA is required to complete action on all 30 of the state’s proposed regulatory changes by December 31, 2013. The public will have 60 days to submit comments on the proposals after they appear in the Federal Register.

Anaheim Waste Hauler Fined $85,000 for Emissions Violations

The California Air Resources Board (ARB) has fined Anaheim Trucking $85,000 for diesel emissions violations. An ARB investigation showed Anaheim Trucking, based in Anaheim, California, failed to properly inspect their diesel vehicles during 2005 and 2006. The company also failed to comply with the solid waste collection vehicle rule by neglecting to install proper emission-reduction devices as required by law.

“Companies that ignore clean air requirements must pay the price,” said Chairman Mary D. Nichols. “Controlling diesel emissions is a top priority to protect the air we breathe.”

ARB offered Anaheim Trucking an opportunity to settle the violations for $50,500; the company rejected it. Their actions led ARB to file a complaint with the State Attorney General’s office. Subsequently, the case was settled for $85,000. If Anaheim Trucking fails to comply with the regulations, an additional $115,000 will be added to the penalty.

As part of the settlement, Anaheim Trucking is required to:

• Guarantee employees responsible for conducting the inspections attend a training class on diesel emissions compliance testing and provide certificates of completion within one hundred and twenty (120) days;
• Comply with all Periodic Smoke Inspection Program (PSIP) requirements;
• Retrofit the appropriate number of solid waste collection vehicles with the best available control technology; and
• Comply with all requirements applicable to solid waste collection vehicles.

Anaheim Trucking will pay $85,000 in penalties: $68,000 will go to the California Air Pollution Control Fund for projects and research to improve California’s air quality. The Peralta Community College District will receive $8,500 to fund emissions education classes conducted by participating California community colleges; and, the remaining $8,500 will go to the California Pollution Control Financing Authority which guarantees loans to off-road vehicle fleets that need to buy exhaust retrofits to comply with state regulations.

EPA Fines Performance Coatings Inc. Almost $50,000 for TRI Reporting Violations

EPA has reached a $48,600 settlement with Performance Coatings Inc., of Ukiah, California, for allegedly failing to submit required toxic chemical reports, a violation of EPCRA .

Performance Coatings Inc., regularly uses toxic chemicals, such as xylene and ethylbenzene, in its paint and coating manufacturing operations. Performance Coatings failed to submit timely, complete reports to the EPA and the state detailing the amounts of the two toxic chemicals processed at its facility from 2004 through 2006. EPA inspectors discovered the violations during a 2007 routine inspection.

Exposure to high levels of xylene and ethylbenzene can cause a variety of human health effects including harm to the nervous system, fatigue, general weakness, memory loss, and visual problems.

“Companies that use toxic chemicals must provide complete and accurate information about these chemicals so that area residents are aware of possible chemical hazards in the community,” said Enrique Manzanilla, Communities and Ecosystems Division director for EPA’s Pacific Southwest region.

Federal emergency planning laws require facilities processing more than 25,000 pounds of these two chemicals to report releases of the chemicals on an annual basis to the EPA and the state. Although Performance Coatings processed the two chemicals in amounts more than this threshold in 2004, 2005, and 2006, it failed to submit reports to the EPA for those years.

California Construction Company Fined $31,950 for Emissions Violations

The California Air Resources Board (ARB) fined Dateland Construction Co. Inc., $31,950 for emissions violations during 2007 and 2008. An ARB investigation showed the construction company, based in Indio, California, failed to properly inspect their diesel trucks as required by California law. Annual smoke emissions tests are required for diesel truck fleets, in conjunction with ARB’s roadside smoke inspection program; the law ensures that all vehicles are properly maintained, tamper-free, and free from excessive smoke emissions.

As part of the settlement, Dateland Construction is required to:

• Guarantee employees responsible for conducting the inspections attend a training class on diesel emissions compliance testing and provide certificates of completion within one year;
• Provide documentation to ARB that the inspections are being carried out for the next four years;
• Ensure all heavy-duty diesel vehicles have their software updated with the latest low-NOx (oxides of nitrogen emissions) programming;
• Instruct vehicle operators to comply with the state’s idling regulations; and
• Ensure all diesel truck engines are up to federal emissions standards for the vehicle model year and are properly labeled with an emission control certification label.

Two Arizona Charter School Operators Fined $22,030 for Asbestos Violations

EPA fined two Arizona charter school operators a combined total of $22,030 for alleged violations of the Asbestos Hazard Emergency Response Act (AHERA). In April 2007, EPA inspectors discovered seven Arizona charter schools operated by Pointe Educational Services, and The Charter Foundation had not been inspected to determine if asbestos-containing materials were present in the schools’ buildings and no asbestos management plans for the schools were created.

“Asbestos can potentially endanger the health of students, teachers, and employees at schools,” said Katherine Taylor, associate director for the Communities and Ecosystems Division in EPA’s Pacific Southwest region. “All nonprofit schools subject to AHERA, including charter schools, need to conduct asbestos inspections and have asbestos management plans.”

The EPA fined Pointe Educational Services $13,700 and The Charter Foundation $8,330. The schools operated by Pointe Educational Services are:

• North Pointe Academy, located in Glendale
• North Pointe Preparatory, located in Phoenix
• Pinnacle Pointe Academy, located in Glendale

The schools then being operated by The Charter Foundation are:

• AmeriSchool Academy Yuma Campus, located in Yuma
• AmeriSchool Academy Country Club Campus, located in Tucson
• College Preparatory Academy Broadway Campus, located in Tucson
• AmeriSchool Academy Camelback Campus, located in Phoenix

Each school is allowed to subtract properly documented costs of complying with the regulations from the penalty amount.

Accredited inspectors have since inspected these schools and a management plan was prepared for each school. Asbestos-containing building materials were found at North Pointe Preparatory. Inspectors found no asbestos containing building materials at the other schools.

Federal law requires that local education agencies, which run schools subject to AHERA, must conduct an initial inspection using accredited inspectors to determine if asbestos-containing building material is present and develop a management plan addressing the asbestos materials found in the school.

Schools subject to AHERA that do not contain asbestos-containing material must still have a management plan which identifies the designated person and includes the architect’s statement or building inspection and the annual notification to parents, teachers, and employees regarding the availability of the plan.

Under AHERA, local education agencies must appoint a designated person who is trained to oversee asbestos activities and ensure compliance with federal regulations. Finally, schools with asbestos-containing materials must conduct periodic surveillance and re-inspections, properly train the maintenance and custodial staff, and maintain records documenting those activities in its management plan.

Local education agencies must keep an updated copy of the management plan in its administrative office and at the school which must be made available for inspection by parents, teachers, and the general public.

WRR Environmental Services will Pay $20,000 Fine and Complete Local Environmental Projects Costing Nearly $70,000 for Hazardous Waste Violations

EPA Region 5 has reached an agreement with WRR Environmental Services Co. Inc., in Eau Claire, Wisconsin, for alleged violations of federal hazardous waste regulations. The hazardous waste treatment and storage firm has agreed to pay a penalty of $20,000 and pay for SEPs costing at least $69,771 to settle the violations.

WRR Environmental was cited for violating RCRA requirements for managing hazardous waste including failure to comply with emergency preparedness and prevention requirements; failure to manage storage tanks and secondary containment systems; and failure to comply with monitoring, inspection, and recording requirements. Following a fire in June 2007, the company rebuilt parts of the facility and is now in compliance with requirements.

WRR Environmental will clean up a stream adjacent to its facility and conduct two household hazardous waste collections days in November of 2009 and 2010 as part of the agreement for completing local environmental projects.

Alaskan Asbestos Contractor Will Pay Nearly $20,000 to Resolve CAA Violations

Coldfoot Environmental Services, Inc., an asbestos abatement and demolition contractor in Anchorage, Alaska, has agreed to pay a $5,100 penalty and perform a community service project to settle with EPA for alleged violations of the asbestos National Emission Standard for Hazardous Air Pollutants (Asbestos NESHAP), under the CAA.

In August 2007 and April 2008, EPA conducted asbestos compliance inspections at three Alaska demolition sites: Harborview Hospital and Public Warehouse #2 in Valdez, and the Subport Building in Juneau. The results of those inspections found that Coldfoot failed to update their written notices when the official start dates had changed, making it more difficult for EPA’s inspector to arrive at the right time to observe the projects. At the hospital job site in Valdez, the contractor expanded the project to include an additional 75,000 square feet of regulated asbestos debris in the crawlspace, again without updating the notice to EPA.

In addition to paying the fine, Coldfoot will perform an SEP valued at $14,800. The project requires Coldfoot to remove asbestos insulation from a boiler and piping in a building owned by a local nonprofit theater group located in Anchorage, Alaska. The theater group lacks funds to safely remove the asbestos.

“We hope that asbestos demolition contractors like Coldfoot learn from this situation,” said Marcia Combes, director of EPA’s Alaska Operations Office. “When you are tearing down or renovating a structure that has asbestos, it is important to notify EPA so we have timely and accurate information to conduct our inspections and ensure contractors are following the asbestos regulations.”

Federal regulations require a thorough inspection of a facility for the presence of asbestos prior to any demolition or renovation activity, as well as advance notice to EPA or the state or local agency that administers the asbestos NESHAP program. If a threshold amount of asbestos is found, contractors are required to remove and dispose of the material according to certain requirements such as using water to wet the asbestos during removal, carefully handling, bagging and labeling of wastes, and properly disposing of them at permitted landfills.

Asbestos is a naturally occurring fiber which was commonly used in building materials prior to the 1980s due to its fire resistant properties. Exposure to asbestos can lead to respiratory diseases including asbestosis and lung cancer. Owners and operators of a demolition or renovation activity are legally required to remove, handle and dispose of asbestos according to federal regulations.

Oregon DEQ Issues $18,162 in Penalties to Construction Company for Storm Water Permit Violations

The Oregon Department of Environmental Quality has issued penalties totaling $18,162 to S. Kem Design & Construction, Inc., for failing to comply with conditions of the storm water discharge permit for construction activities at the Morning Wood subdivision construction site in Rockaway Beach, Oregon.

DEQ had issued S. Kem Design & Construction, Inc., a National Pollutant Discharge Elimination System permit in June 2006 to for construction activities at the Morning Wood subdivision in Rockaway Beach.

DEQ issued civil penalties for the failing to comply fully with the permits Erosion and Sediment Control Plan (ESCP). The violations included the following:

• Failing to construct a wheel wash on Ocean Loop off N. 3rd Ave.
• Failing to construct a compost berm on N. Palisade St.
• Failing to install sediment fencing
• Leaving inactive construction sites with exposed soil for more than fifteen days with no seeding or ground cover
• Failure to submit a revised ESCP after receiving a pre-enforcement notice from DEQ
• After receiving notice from DEQ, installing the wrong type of catch basin
• After receiving notice, installing inadequate ground cover
• After receiving notice, incorrectly installing sediment fencing

DEQ issued the penalty because failing to properly implement the ESCP could have resulted in the discharge of sediments from the construction site to Rock Creek. Sediment from construction sites can damage aquatic species and ruin habitat. It can also reduce the safety of public waters for public use. S. Kem Design & Construction Inc., has appealed the penalty.

Dyno Nobel, Inc. to Pay $17,000 for Failure to Properly Report Release of Ammonia

EPA has reached a settlement with Dyno Nobel, Inc., for its alleged failure to report the release of approximately 448 pounds of ammonia from Dyno Nobel’s Deer Island, Oregon, facility in a timely manner. The settlement includes $17,000 in penalties, $72,000 to provide emergency response equipment for local firefighters, and install a new ammonia monitoring system at the facility. The settlement is related to a release at Dyno Nobel’s ammonia and nitric acid manufacturing facility on September 29, 2008.

In the agreement, EPA alleges that Dyno Nobel failed to notify the appropriate emergency response entities until approximately 11 hours after the release occurred. 

“The health and safety of our communities depends on prompt release reporting,” said Edward Kowalski, Director of EPA’s Office of Compliance & Enforcement in Seattle. “Effective emergency response begins with timely notification, which allows local, state, and federal responders to take action and reduce risks to public safety and the environment. Ammonia can be extremely dangerous, which is why immediately notifying the appropriate agencies is so important.”

In addition to the penalty payment, Dyno Nobel will perform an SEP, providing $56,000 to install an ammonia monitoring system for improved leak detection. Dyno Nobel has also agreed to provide over $16,000 to purchase emergency response equipment for Columbia River Fire & Rescue. This equipment will improve the Department’s capabilities in responding to hazardous materials emergencies in a safe and effective manner.

MassDEP Fines Callaway Golf Ball Operations, Inc. for Expired Air Operating Permit

The Massachusetts Department of Environmental Protection (MassDEP) has issued Callaway Golf Ball Operations, Inc., a $5,750 penalty for violating air pollution control regulations at its facility in Chicopee, Massachusetts. Following a routine, internal file review in Spring 2009, MassDEP discovered that Callaway Golf had failed to apply for a renewal of its Air Operating Permit, which expired on January 30, 2009. Facilities with Air Operating Permits must apply for a renewal of their permit prior to its expiration date.

Upon being notified of the noncompliance, Callaway Golf immediately submitted their renewal application to MassDEP for review. In addition, Callaway has agreed to pay a penalty of $5,750 for the violation of operating without a valid permit.

“Regulated facilities are obligated to ensure that their permits are renewed in advance of their expiration,” said Michael Gorski, director of MassDEP’s Western Regional Office in Springfield.

George W. Stokes Company Fined for SPCC Violations

EPA has fined the George W. Stokes Company, Inc., of Madisonville, Louisiana, $1,800 for violating federal SPCC regulations outlined under the Clean Water Act (CWA). A federal inspection of a bulk storage facility located at 171 East Highway 22, Madisonville, Louisiana, on May 14, 2009, revealed the facility’s SPCC plan was not certified by a professional engineer, had inadequate or no information and procedures for reporting discharges, and inspections and tests required by federal regulations did not follow written procedures developed for the facility. Personnel working at the site had no training on the operation and maintenance of equipment to prevent discharges, no training on discharge procedure protocols, and no training on applicable pollution control laws, rules and regulations, and general facility operations. The inspection also found spill prevention briefings were not scheduled and conducted periodically, the site was not fully fenced, entrance gates were not locked or guarded when unattended, and secondary containment was inadequate for mobile or portable storage tanks. As part of an Expedited Settlement Agreement with EPA, the facility has provided certification that all identified deficiencies have been corrected.

SPCC regulations require onshore oil production or bulk storage facilities to provide an oil spill prevention, preparedness, and response plan to prevent oil discharges. 

Sauder Agrees to EPA Order to Comply with CAA

EPA Region 5 has issued an administrative consent order to Sauder Woodworking Cogeneration Facility. The company has agreed to take immediate steps to comply with the CAA at the company’s furniture manufacturing plant at 502 Middle St., in Archbold, Ohio.

EPA filed an administrative complaint against Sauder in June alleging the company violated federal and state regulations by emitting excessive amounts of visible emissions (e.g., smoke, dust, ash), nitrogen oxides and volatile organic compounds from its wood-fired boilers. In addition, EPA alleged Sauder violated notification and recordkeeping requirements and requirements to continuously monitor emissions from its boilers.

Sauder has agreed to increase the availability of trained maintenance personnel, maintain spare parts at the facility, take action at emission set points that are lower than emission limits, improve pollution control equipment operation, and follow a pollution control equipment component replacement schedule.

In addition, Sauder will revise startup and shutdown procedures, adhere to quality assurance and quality control plans, increase equipment inspections and preventive maintenance schedules, submit data on revised reporting templates, and make overall improvements in boiler efficiency.

EPA learned of the alleged violations after receiving excess emission reports that the company was required to submit to the state. The agency notified Sauder of the alleged violations in April 2008 and February 2009 and met with the company after each notification to discuss the findings and how to resolve them.

Inhaling high concentrations of particulates can have adverse health effects, particularly in children, the elderly and people with heart and lung disease. Nitrogen oxides can irritate the lungs and lower resistance to respiratory infections. They also contribute to the formation of ground-level ozone (smog) and acid rain.

Volatile organic compounds also contribute to the formation of smog. Smog is formed when a mixture of pollutants react on warm, sunny days. Smog can cause respiratory problems, including coughing, wheezing, shortness of breath and chest pain. People with asthma, children and the elderly are especially at risk, but these health concerns are important to everyone.

EPA Orders Pyrotechnic Specialties Incorporated to Correct Problems at Facility

Pyrotechnic Specialties Incorporated (PSI) of Byron, Georgia, has been issued an EPA Order that requires expedited corrective measures be taken at the facility to ensure protection of public health and the environment in the surrounding community. EPA issued the Order under Section 7003 of the Resource Conservation and Recovery Act (), which states that an imminent and substantial endangerment to public health and the environment exists at the facility.

PSI generates reactive and explosive hazardous waste from the manufacturing of pyrotechnic devices used by military and law enforcement. EPA’s RCRA program conducted inspections of PSI on April 27-28, and May 14, 2009. Hundreds of containers of explosive and reactive hazardous waste that were being improperly stored in various sea-land containers were discovered on-site.

Due to the improper storage, inadequate personnel training, absence of prevention and preparedness equipment, leaking and corroded containers, and the company’s history of accidents, such as explosions and fires, EPA believes that an imminent and substantial endangerment to health and the environment exists at the facility. In the 7003 Order, EPA will require PSI to properly inventory, containerize, label, and store the hazardous waste. In addition, EPA will require the removal of hazardous waste from the facility to a permitted RCRA treatment, storage, or disposal facility.

Ocean Policy Task Force Public Meeting

Obama Administration officials will hold their second Ocean Policy Task Force Public Meeting in San Francisco, California, on September 17, 2009. The Interagency Ocean Policy Task Force, led by White House Council on Environmental Quality Chair, Nancy Sutley, consists of senior-level officials from Administration agencies, departments, and offices.

The Task Force is charged with developing a recommendation for a national policy that ensures protection, maintenance, and restoration of oceans, our coasts, and the Great Lakes. It will also recommend a framework for improved stewardship, and effective coastal and marine spatial planning. The public is encouraged to attend and an opportunity for public comment will be provided.

The following officials will be attending:

• Nancy Sutley, Chair, White House Council on Environmental Quality
• Dr. Jane Lubchenco, Administrator, National Oceanic and Atmospheric Administration
• Peter Silva, Assistant Administrator for Water, Environmental Protection Agency
• Kit Batten, Science Advisor to the Deputy Secretary, Department of Interior
• U.S. Navy Rear Admiral Herman Shelanski, Director for the Chief of Naval Operations Environmental Readiness Division
• Rear Admiral Sally Brice-O’Hara, Coast Guard Deputy Commandant for Operations

The meeting will be held from 2:30 p.m. until 6:00 p.m. PST at the following location:

Hyatt Regency San Francisco at Embarcadero Center, Ballroom A, 5 Embarcadero Center, San Francisco, CA 94111

WaterSense for the Commercial and Institutional Sector

The WaterSense program is looking for input on a potential WaterSense commercial and institutional program. What should a WaterSense program for commercial buildings look like? WaterSense wants your feedback.

As a first step, the program has released a white paper, “Water Efficiency in the Commercial and Institutional Sector: Considerations for a WaterSense Program.” The paper attempts to summarize the best available resources that EPA can use for planning a national commercial and institutional program and discusses various directions such a program could take. EPA is seeking broad input to guide our decision-making and is interested in hearing stakeholders’ responses to our current research needs and program design options. 

Valspar Fined $218,000 for Consumer Products Violations

The California Air Resources Board last month fined paint and coatings giant Valspar Corp., $218,000 for violating clean-air regulations between 2007 and 2008.

ARB investigators found that Minneapolis-based Valspar sold, supplied, or manufactured for sale three consumer product lines that exceeded California standards for volatile organic compounds (VOCs), including the well-known ‘Goof Off’ adhesive remover.

“Smog is still a serious health concern in California,” said ARB Chairman Mary D. Nichols. “Consumer products contribute to our air pollution problems and our enforcement teams are on the lookout for violators.”

Valspar fully cooperated with the ARB investigation. Their violations include:

• 42,012 units of ‘Goof Off The Ultimate Remover,’ a general purpose adhesive remover, exceeded the 20 percent VOC limit;
• 7,006 units of ‘Goof Off Graffiti Remover’ exceeded the 50 percent VOC limit; and
• 4,555 units of ‘AFTA Adhesive Remover Cleaning Solvent,’ a general degreaser, exceeded the 4 percent VOC limit.

Valspar no longer owns the ‘Goof Off’ product line and stopped selling the AFTA product in California. The company will pay $218,000 in penalties to the California Air Pollution Control Fund for projects and research to improve California’s air quality.

VOCs are building blocks that help create ground-level ozone, or smog. Smog can damage lungs, cause coughing and chest tightness, and worsen asthma symptoms while also affecting crop yields. It is particularly harmful to children, the elderly and those who have preexisting health problems.

Slight Increase in Oregon’s Material Recovery Rate in 2008

The material recovery rate includes recycling, composting, and material burned for energy recovery.

“When people recycle materials, industry is able to make new products with significantly less energy and lower greenhouse gas emissions,” said Mary Lou Perry, DEQ solid waste specialist and report coordinator. “People who recycle really make a difference. They should be heartened by the positive effect that recycling has on the environment.”

The DEQ report estimated an energy savings in 2008 from recycling equivalent to 243 million gallons of gasoline—roughly 2.7% of total energy used by all sectors of the state’s economy. Greenhouse gas reductions in 2008 from recycling, composting, and energy recovery amounted to the equivalent of eliminating tailpipe emissions from 660,000 passenger cars, or roughly 4.6% of all greenhouse gas emissions in the state during 2008.

Other significant findings from the report include:

• The state’s overall rate for recovering municipal solid waste in 2008 stood at 48.2%—an increase over 2007’s rate of 46.5%.
• Oregonians’ per-capita waste generation (the sum of all discards, both recovered and disposed) in 2008 was 2,761 pounds, down significantly from the 3,045 pounds per person in 2007.
• Twenty seven of Oregon’s 35 individual wastesheds—comprised of individual counties, the tri-county Portland metropolitan area and the city of Milton-Freewater—showed increases in their recovery rates from 2008 over 2007.
• Each wasteshed has a recovery goal for 2009. Those rates will be known a year from now when the next report comes out, but in 2008, 20 of the wastesheds were already meeting their goal.

This is the state’s 17th annual material recovery report, compiled via statistical surveys filled out by garbage haulers, private recycling and composting companies, material recovery facilities, mills, transfer centers, landfills and other facilities. DEQ uses a complex model to analyze the recovered tonnage of different materials and estimate the resulting greenhouse gas and energy savings.

DEQ calculates the state’s material recovery rate by taking the total amount of material recovered and dividing it by the total post-consumer material generated—the sum of all discards that are either disposed of or recovered. In 2008, the state recovered 2,330,509 tons, or 48.2% of the total municipal waste stream for the year. The state disposed of 2,903,138 tons, and that amount added with total material recovered equals 5.23 million tons generated in 2008. This is an 8.2% decrease in waste generation from 2007.

Among the materials recovered in 2008, paper represented one third (33%), followed by yard debris (21%), metals (17%), wood waste (16%), glass (4%), plastic (2%), electronics (1%), and “other” (6%).

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Trivia Question of the Week

Americans use approximately how many plastic bags a year?

a. 1 billion
b. 10 billion
c. 100 billion
d. 1 trillion