South San Francisco, California, food processor Columbus Manufacturing Inc., a wholly owned subsidiary of Columbus Foods LLC, has agreed to pay a penalty and make significant upgrades to settle Clean Air Act (CAA) violations, the Department of Justice and EPA announced. The case stems from two releases of anhydrous ammonia that occurred in 2009 at its manufacturing facility located in South San Francisco, California.
The releases were the result of Columbus’s failure of its general duty of care to identify hazards and to maintain a safe facility and its failure to comply with regulatory requirements for process safety management under Section 112(r) of the CAA.
“This settlement appropriately penalizes Columbus for violations of the Clean Air Act that resulted in two illegal releases of poisonous gas that put the community at risk, including one release that caused the hospitalization of people in the affected community,” said Ignacia S. Moreno, Assistant Attorney General of the Environment and Natural Resources Division at the Department of Justice. “Today’s agreement will prevent future violations of the Clean Air Act safety standards by requiring Columbus to upgrade its refrigeration technology and emergency notification system.”
“Columbus is responsible for letting plumes of poisonous gas escape into the open air,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Our goal is to safeguard neighbors and workers by requiring critical improvements to the company’s plant to prevent these industrial accidents from happening again.”
As part of the consent decree, Columbus will pay a penalty of $685,446 and spend approximately $6 million converting its refrigeration system to a safer technology that uses glycol and ammonia. The company will also improve its alarm and ammonia release notification procedures.
The first accidental ammonia release, in February 2009, sent 217 lbs of poisonous gases into the atmosphere. Six months later in August 2009, the plant again released an ammonia cloud, this time approximately 200 lbs of anhydrous ammonia was released into the atmosphere.
The August incident resulted in the evacuation of all facility employees and several neighboring businesses. Nearly 30 people from the downwind Genentech campus sought medical attention and 17 individuals were hospitalized. One person remained hospitalized for four days. In addition, off-ramps from Highway 101 and several local streets were shut down as a result of the release.
EPA took action following the August 2009 incident, ordering Columbus to complete initial upgrades to its ammonia refrigeration system, including the replacement of safety relief valves and components with any signs of corrosion, and the proper labeling of all its piping. In 2011, the company paid $850,000 in fines to San Mateo County as a result of the incident.
Anhydrous ammonia is considered a poisonous gas. Exposure to its vapors can cause temporary blindness and eye damage, and irritation of the skin, mouth, throat, respiratory tract, and mucous membranes. Prolonged exposure to anhydrous ammonia vapor at high concentrations can lead to serious lung damage and even death. Anhydrous ammonia is one of the listed extremely hazardous substances to which Section 112(r) of the CAA applies.
Enforcement of the general duty of care and of the regulatory requirements under Section 112(r)(1) and (7) of the CAA is critical to ensuring that industry focuses on the safety of the public and the environment.
Tampa RCRA and DOT Training
Dallas RCRA and DOT Training
Nashville RCRA and DOT Training
How to Prepare for OSHA Adoption of the GHS for Classification and Labeling of Chemicals
This means that virtually every product label, material safety data sheet (soon to be called “safety data sheet”), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on MSDSs.
Environmental Resource Center is offering webcast training for you to learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented.
Safety Consultant/Trainer
Environmental Resource Center has a new opening for a safety consultant and auditor. We are looking for a former OSHA CSHO, OSHA trainer, or state inspector for this position in our Cary, North Carolina, office. Applicants should have excellent writing and speaking skills and be willing to travel 7–14 days per month. We are looking for an expert in all of the General Industry and Construction standards who is capable of performing audits of industrial facilities as well as conducting on-site training.
Strong consideration will be given to applicants who also have experience providing HAZWOPER, Hazcom, lockout/tagout, confined spaces, and machine guarding training.
The position includes maintenance of training materials (books and presentations), working on consulting projects, development of classes and computer-based training programs, and ensuring customer satisfaction.
Modifications Proposed for Washington Industrial Stormwater Permit
The permit is a key tool to guard against polluted runoff from industrial sites to protect the health of our lakes, rivers, streams, and Puget Sound. The industrial stormwater general permit regulates polluted runoff at approximately 1,200 facilities across the state. Approximately 70% of those are in the 12 counties that border Puget Sound. Examples of business types needing this permit are lumber, paper, printing, chemicals, petroleum, leather, manufacturing, metals, landfills, transportation, mills, and food.
Polluted runoff is a problem at industrial sites, just as it is in urban settings. Rain and snow melt from activities and materials at industrial facilities, if left uncontrolled or unmanaged, gets into storm drains, where the water is usually not treated. Storm drains are essentially the upper reaches of our lakes, rivers, streams, and Puget Sound.
Key changes to the permit are due, in part, to a 2011 ruling by the state Pollution Control Hearings Board. The ruling told Ecology to tighten requirements for sampling and for controlling polluted runoff.
The proposed permit also includes changes that would affect certain facilities located near bacteria-polluted waters. Ecology requested legislation (HB 2651) during the current legislative session to make this change possible.
Ecology will hold four public workshops and one public hearing on the proposed permit changes. The purpose of the workshops is to explain the proposed changes and answer questions. The purpose of the hearing is to provide an opportunity for people to give formal oral testimony and comments on the proposed permit.
Each session begins at 1:00 p.m.:
- March 5, 2012, Moses Lake (workshop) Moses Lake Fire Station, 701 East 3rd Ave.
- March 6, 2012, Vancouver (workshop) Water Resources Education Center, 4600 S.E. Columbia Way
- March 12, 2012, Seattle (workshop and public hearing) South Seattle Community College, Georgetown Campus (Room C110/C111), 6737 Corson Avenue South
- March 14, 2012, Mount Vernon (workshop) Skagit Transit Station, 105 East Kincaid St.
Ecology will accept written comments on the draft permit and fact sheet until March 16. Ecology prefers comments be submitted by email for efficiency in receiving and reviewing comments. Emailed comments must contain the commenter’s name and postal address. Comments should reference specific permit text when possible. Written comments must be postmarked or received via email no later than 5:00 p.m., March 16, 2012.
You may submit written, hard copy comments to Jeff Killelea, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600.
Ecology expects to issue the modified permit in May 2012, with an effective date of July 1, 2012.
Louisiana DEQ Wants Your Suggestions
“We are proud to be able to continue offering another way to streamline communication between DEQ and the public. This suggestion form provides the public with an immediate means in which to get their ideas to us,” said Sam Phillips, Assistant Secretary of DEQ’s Office of Environmental Services. “This is a great tool for offering the public another platform in which to assist us in our mission of protecting human health and the environment.”
DEQ asks that users identify themselves on the form and limit the initial submission to four pages, including of all pictures, drawings, diagrams, text, and references. Upon submission, the inquiry will be reviewed by DEQ staff and a follow up communication may be required in the event additional information is needed.
U.S. Energy Fined $187,500 for Stormwater Violations
DEC is also requiring that U.S. Energy install appropriate stormwater and erosion controls to prevent any future water quality impacts in New York state.
“This enforcement action should provide a strong deterrent to other oil and gas well operators in New York and neighboring states whose operations impact New York’s natural resources,” said DEC Deputy Commissioner and General Counsel Steven Russo. “We will not allow U.S. Energy’s actions in Pennsylvania to negatively impact New York’s waters. U.S. Energy must ensure that proper stormwater controls are put in place to prevent future violations.”
Three separate incidents of water quality violations during recent rainstorms caused turbidity in Yeager Brook from stormwater runoff. DEC and the NYS Office of Parks, Recreation and Historic Preservation (OPRHP) investigated the cause of the turbidity and found that during heavy rain events in September 2011, December 2011, and January 2012 significant amounts of sediment from U.S. Energy’s mining roads and well pads in Pennsylvania’s Allegheny National Forest washed into nearby waterways, resulting in severe turbidity in the waters of Yeager Brook within Allegany State Park.
The investigation began when OPRHP staff observed cloudy, gray water appearing in Yeager Brook, and found U.S. Energy’s upstream mining roads were covered in thick, heavy mud without the appropriate stormwater and erosion controls in place. In each incident, improper or ineffective erosion and sediment controls around a well site or oil and gas road allowed stormwater to run off into Yeager Brook. U.S. Energy’s violations resulted in Yeager Brook having two to three times the normal level of turbidity, or amount of suspended solids, in the water.
DEC is seeking $112,500 in fines against U.S. Energy for these violations, which is the maximum amount allowed by law. DEC is also seeking an additional $75,000 in penalties against U.S. Energy for failing to comply with two previous consent orders for similar violations in August 2010 and November 2010.
In the August 2010 violation, stormwater and water that flowed from the site during the drilling of the well mixed with drill cuttings on-site, which ultimately made their way into Yeager Brook. DEC initiated an enforcement action, requiring U.S. Energy to enter into a consent order with a penalty of $10,000, $2,000 of which was suspended provided that the company took the effective action to prevent a recurrence of the incident.
In the November 2010 violation, stormwater runoff carried sediment-laden water from U.S. Energy’s oil and gas drilling operations in Pennsylvania into nearby ditches, creeks, and streams, and ultimately into Yeager Brook. The violation was resolved by U.S. Energy signing a consent order with a payable penalty of $1,500 and installing erosion and sediment controls for roads, wells, and ancillary sites.
In the current enforcement action, DEC found U.S. Energy did not implement sufficient corrective action as required by the consent orders for the 2010 violations. In addition to the $187,500 in new fines sought, the DEC has demanded that U.S. Energy must now pay $2,000 from the August 2010 violation which was initially suspended and $750 in stipulated penalties for a violation of the order based on the November 2010 violations.
DEC actively enforces New York’s water quality statutes, regulations, and where applicable, permits, which mandate that sediment discharges into streams cannot cause a substantial, visible contrast to a waterway’s natural conditions. Controlling water turbidity is important in safeguarding water quality because sediment can transport pathogens and harmful nutrients, and can suffocate fish and destroy their habitat. Yeager Brook is a designated trout stream, used for fishing and recreation.
Lawsuit Seeks to Block EPA’s ‘Free Pass’ on Nanosilver
The Natural Resources Defense Council (NRDC) filed a lawsuit in federal court to limit public exposure to the antimicrobial nanosilver used in clothing, baby blankets, and many other textiles.
The lawsuit, filed in the 9th US Circuit Court of Appeals, headquartered in San Francisco, seeks to block the EPA from allowing nanosilver on the market without the legally-required data about its suspected harmful effects on humans and wildlife. Starting in December 2011, EPA allowed the company HeiQ Materials to sell nanosilver used in fabrics for the next four years as the company generates the required data on toxicity to human health and aquatic organisms.
“EPA gave this company a four-year free pass to sell an inadequately tested product,” said Mae Wu, program attorney in NRDC’s health program. “EPA’s approval of nanosilver is just the most recent example in a long line of decisions that treats humans and our environment as guinea pigs for these untested pesticides.”
Silver, a well-recognized antimicrobial, is highly toxic and kills both harmful and beneficial bacteria. Nanosilver is engineered from silver and marketed as an even stronger antimicrobial than silver. Its use in fabrics, food storage containers, hair dryers, and other products continues to grow, despite potential dangerous health effects.
“Because of its incredibly small size, nanosilver penetrates organs and tissues in the body that larger forms of silver cannot reach, like the brain, lung, and testes,” said Dr. Jennifer Sass, senior scientist in NRDC’s health program. “For a pesticide that has some potentially devastating effects when released into the environment, and potentially damaging effects when absorbed by humans, EPA should have done a better job in protecting our health and the environment.”
Property Owner and Heating Contractor Indicted for Allegedly Illegally Removing Asbestos
A property owner and a heating contractor have been indicted in connection with the alleged improper removal of asbestos in a single-family rental property in Medway, Massachusetts.
David Einis and Nicholas Pasquantonio were each indicted on two counts of violating the Massachusetts CAA for failure to file a notice of asbestos removal with the Massachusetts Department of Environmental Protection (MassDEP) and failure to prevent asbestos emissions. Nicholas Pasquantonio was also indicted on charges of witness intimidation. Authorities allege the asbestos containing insulation was from heating pipes in an occupied Medway rental property owned by Einis, which was released when the boiler was being replaced by Pasquantonio.
“Asbestos is a hazardous material and it is extremely important for companies and individuals to follow guidelines for reporting and removing asbestos in order to prevent people from being exposed to this toxin,” Massachusetts Attorney General Martha Coakley said. “Our office remains committed to upholding the law to make sure no shortcuts are taken at the expense of public safety.”
“MassDEP worked closely with the Medway Board of Health in following up on the discovery, and further addressing the violations that were found at the site,” said MassDEP Commissioner Kenneth L. Kimmell. “This enforcement sends a strong message that rules to protect public health, which include asbestos removal and disposal, must be followed.”
According to authorities, in December 2010, Einis hired Pasquantonio of Johnny’s Oil Service, Inc., who is not a licensed asbestos contractor, to replace the boiler in the Medway property occupied by a family with several children. Pasquantonio allegedly did not seal off the basement while he worked to replace the boiler. After being notified by the Medway Board of Health a few days later, MassDEP inspected the site and allegedly found the improper removal and release of asbestos.
Authorities allege that Einis and Pasquantonio failed to notify MassDEP that they would be disturbing asbestos when replacing the boiler and did not follow the appropriate procedures to prevent asbestos emissions. The Department of Labor Standards requires that the removal of asbestos be performed by a licensed contractor, and pursuant to MassDEP regulations, contractors must provide notification of when the removal will occur and follow certain methods and standards for the safe removal, storage, and disposal of the asbestos throughout the abatement process.
Authorities also allege that when Pasquantonio became aware he might be charged criminally, he went to the property where the illegal asbestos removal had occurred and threatened one of the tenants not to testify against him at trial.
The charges are the result of an investigation by the Massachusetts Environmental Strike Force, an interagency unit which is overseen by AG Coakley, MassDEP Commissioner Kenneth L. Kimmell, and Energy and Environmental Affairs Secretary Richard K. Sullivan, Jr. The Strike Force consists of prosecutors from the Attorney General’s Office, Environmental Police Officers assigned to the Attorney General’s Office, and investigators and engineers from the MassDEP who investigate and prosecute crimes that harm or threaten the state’s water, air, or land and that pose a significant threat to human health.
A Norfolk County Grand Jury returned indictments against Einis and Pasquantonio on January 19, 2012. The defendants are scheduled to be arraigned in Norfolk Superior Court at a later date.
The case is being prosecuted by Assistant Attorney General Andrew Rainer of AG Coakley’s Environmental Crimes Strike Force, with assistance from officers of the Massachusetts Environmental Police and Gregory Levins of the Central Regional Office of the Massachusetts Department of Environmental Protection.
Atlantic Sturgeon Declared an Endangered Species
The National Oceanic and Atmospheric Association (NOAA) has designated the Atlantic sturgeon an endangered species, providing it greater legal protections, following a petition the Natural Resources Defense Council submitted in September 2009.
NOAA’s Fisheries Service indicated that four subpopulations or distinct population segments of Atlantic sturgeon, which are treated as individual species under the law, will be listed as endangered under the Endangered Species Act: the New York Bight, the Chesapeake Bay, the Carolina, and the South Atlantic. The northernmost distinct population segment, the Gulf of Maine, will be listed as threatened.
The prehistoric-looking Atlantic sturgeon can live past 60 years, grow to 14 feet, and weigh 800 lbs.
National VOC Emission Standards for Aerosol Coatings - Addition of Dimethyl Carbonate, Benzotrifluoride, and Hexamethyldisiloxane to Table of Reactivity Factors
On March 24, 2008, EPA published national emission standards for aerosol spray paints under section 183(e) of the CAA (), which are codified at 40 CFR 59, subpart E (sections 59.500-59.516). This rule established national reactivity based emission standards for the aerosol coatings category (aerosol spray paints) under the CAA. A provision in the rule allows regulated entities to petition the Agency to add compounds and corresponding reactivity factors to a Table of Reactivity Factors. In response to previous petitions, EPA previously added several compounds and reactivity factors on June 23, 2009 (). EPA is planning to add three additional compounds: dimethyl carbonate, benzotrifluoride and hexamethyldisiloxane, and their associated reactivity factors, based on petitions received from regulated entities.
Protection of Stratospheric Ozone: The 2013 Critical Use Exemption from the Phaseout of Methyl Bromide
Methyl bromide was phased out under the CAA and the Montreal Protocol on Substances that Deplete the Ozone Layer in 2005, except for limited exemptions. EPA plans to authorize uses for the 2013 critical use exemption from the phaseout of methyl bromide, and would authorize the amount of methyl bromide that may be produced, imported, or supplied from inventory for those uses in 2012. Without this rulemaking, production and import of methyl bromide for critical uses would be zero for 2013. EPA takes this action under the authority of the CAA to reflect a consensus Decision taken by the Parties to the Montreal Protocol at the 23nd Meeting of the Parties.
Three Men and Company Convicted of Conspiracy to Violate the Clean Air Act During Demolition of Tennessee Factory
Three men and a demolition company were convicted by a federal jury in Chattanooga, Tennessee, of environmental crimes and obstruction of justice charges related to the illegal demolition of a Chattanooga factory containing large amounts of the toxic air pollutant asbestos, William C. Killian, US Attorney for the Eastern District of Tennessee, and Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division have announced. David Wood, Donald Fillers, James Mathis, and Watkins Street Project LLC, a business formed for the purpose of salvaging and demolishing the facility, were convicted of conspiracy, CAA, and obstruction-related offenses. James Mathis was found not guilty of one of the CAA charges, but guilty of conspiracy and three other substantive CAA counts.
During the course of the three week trial, the evidence proved that the defendants entered into a year-long scheme, from August 2004 to September 2005, in which the former Standard Coosa Thatcher Plant was illegally demolished while still containing large amounts of asbestos. Any asbestos that was removed from the plant prior to demolition was removed illegally, scattered in open debris piles, and left exposed to the elements in the vicinity of the 1700 block of Watkins Street in Chattanooga. During the course of these illegal operations, visible emissions engulfed surrounding businesses, residences, and a day-care center, potentially exposing the surrounding community to substantial quantities of asbestos—a substance for which the EPA has determined there is no safe-level given its demonstrated tendency to cause lung cancer, mesothelioma, and asbestosis. The evidence also showed the defendants tried to cover up their illegal activities by falsifying documents and lying to federal authorities.
Sentencing is currently set for June 7, 2012. The conspiracy, substantive CAA, and false statements counts of the indictment each carry a maximum possible term of five years in prison and a fine of $250,000, twice the gross gain to the defendants, or twice the gross loss to a victim. The obstruction of justice charge carries a maximum possible term of 20 years in prison and similar fines.
Two New England Companies Fined for Violating Hazardous Waste Management Requirements
Two New England companies that store and distribute hazardous chemicals have agreed in separate settlements to pay a total of more than $179,000 in penalties and to donate about $43,000 worth of equipment and training to local fire departments to settle EPA claims that they violated federal laws regulating companies that handle hazardous chemicals.
Settlement agreements with EPA’s New England office were signed recently by Hubbard-Hall Inc., a chemical storage and distribution company based in Waterbury, Connecticut; and by Monson Companies, Inc., based in Leominster, Massachusetts, with a warehouse in South Portland, Maine.
The claims and agreements with both companies arose out of a series of inspections that EPA New England has done in the last two years at chemical warehouse and distribution facilities in an effort to address compliance issues. Since 2009, EPA New England has brought 13 CAA enforcement actions against companies that warehouse or distribute chemicals, including seven administrative compliance orders and six penalty orders.
Two agreements with Hubbard-Hall settled claims that the company failed to comply with the CAA at its facilities in Waterbury, Connecticut, and Wilmington, Massachusetts. Under the agreements, the company will pay $111,290 in fines, with $48,090 for Wilmington and $63,200 for Waterbury. The company will also buy hazardous atmosphere detection equipment for the Wilmington fire department and will provide training in the use of this equipment, at a total cost of $10,887.
Hubbard-Hall failed to have the required risk management plan, or RMP, at both facilities, EPA said. These plans were necessary because the facilities stored large quantities of highly concentrated hydrofluoric acid. An RMP ensures that companies identify the risks associated with their extremely hazardous chemicals; take steps to prevent chemical releases (such as training employees and storing the chemicals safely), and make sure emergency responders can react quickly and safely to an accidental release.
In addition, in July 2011 EPA issued administrative orders to both Hubbard-Hall facilities for violations of the RMP regulations and the General Duty Clause of the CAA. According to the orders, the company stored incompatible chemicals so close together that a spill or release of one chemical could result in a violent chemical reaction with another chemical, creating toxic gases or causing a fire or explosion.
According to the agreement signed recently with Monson, the company will pay $68,100 in fines. It will also donate emergency response equipment for use by local emergency response teams and will invite those teams to the facility to participate in a training exercise, at a total cost of $32,975.
This will settle claims that Monson failed to meet the requirements of the CAA, the Maine Hazardous Waste Management Rules, federal hazardous waste laws, and the federal Emergency Planning & Community Right-to-Know Act at its warehouse, distribution, repackaging, and custom blending chemical manufacturing facility in South Portland.
EPA’s complaint against Monson asserts that the company violated the CAA’s General Duty Clause by failing to separate incompatible chemicals and to maintain adequate aisle spacing. Storing incompatible chemicals together creates a risk of fire, explosion, or release of toxic gases, while failure to maintain adequate aisle spacing between chemicals can impede access to the chemicals in the event of an emergency. The “General Duty Clause” of the CAA aims to prevent accidental releases of substances that can cause serious harm to the public and the environment from short-term exposures and to reduce the severity of accidental releases that do occur.
According to the agreement, Monson also failed to submit a complete emergency and hazardous chemical inventory (Tier II) form for 2009 to local and state emergency planning officials and to the local fire department, in violation of the federal right-to-know law. Failure of a facility to file these forms leaves the community unaware of the presence of chemicals in the neighborhood that may affect public health and the environment. Also, these forms help federal, state and local authorities plan for emergency response actions and the cleanup of industrial pollution.
In addition, Monson failed to make hazardous waste determinations to characterize containers of waste observed at the facility, and to update its hazardous waste contingency plan to reflect changes at the facility, as required by Maine Hazardous Waste Management Rules.
In the announcement of these violations, EPA reminded operators of facilities that store hazardous chemicals that:
- Without sufficient inventory management, facilities may not realize chemical inventories have exceeded federal regulatory thresholds
- Incompatible materials must be adequately separated
- Buildings must be structurally appropriate for flammable chemical storage and equipped with the proper fire protections
- The list of chemicals covered by OSHA Process Safety Management regulations is not always the same as the list of chemicals covered by CAA Risk Management Program regulations
- Companies violating the CAA often are also violating EPCRA and/or hazardous waste regulations
- Secondary containment systems for chemicals (to contain spills or leaks) must be in good repair, with drums stored in a stable way, and adequate aisle space for emergency responders
- The CAA’s General Duty Clause can apply even when Risk Management Program regulations do not. The General Duty Clause requires companies that manage extremely hazardous substances prevent chemical accidents by, among other things, designing and maintaining a safe facility
- Regular inspections are important to ensure the integrity of tank areas
- Companies must coordinate with local emergency responders
Both Hubbard-Hall and Monson cooperated with EPA in promptly correcting the violations and in reaching quick settlements.
EPA Fries Potato Company for Failing to Report Ammonia Release
Oregon Potato Company failed to report an anhydrous ammonia release at their facility in Warden, Washington and will pay the EPA a $66,235 penalty.
On July 2, 2009, the facility released approximately 300 lbs of anhydrous ammonia into the environment, according to the EPA settlement. The facility, located at 1900 First Avenue West in Warden, Washington, produces dried and dehydrated frozen potato products.
According to Wally Moon, EPA Preparedness and Prevention Unit Manager in Seattle, these cases are about protecting workers, emergency responders, and the community.
“When unintended chemical releases occur, every minute counts if it is an emergency,” said EPA’s Moon. “Emergency responders need to be notified promptly to react effectively.”
The leak occurred when a circuit breaker failed, causing a pressure relief valve to open releasing the anhydrous ammonia. EPA alleges that Oregon Potato failed to immediately notify local and state agencies about the release. While no injuries were reported at the time of the incident, ammonia is a pungent, toxic gas that attacks skin, eyes, throat, and lungs and can cause serious injury or death.
The ammonia release and the failure to notify appropriate agencies are violations of the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act ().
EPA Awards Innovative Plating Company for Significant Reductions of Toxic Chemicals
The EPA recognized Valley Chrome Plating for its achievements in environmental and worker protection under the National Partnership for Environmental Priorities (NPEP) program. The plating company, located in Clovis, California, successfully substituted lead anodes and hexavalent chromium with less harmful alternatives. These advancements have resulted in the reduction of these harmful chemicals by 9,000 lbs—significantly protecting the environment and worker exposure.
“This is a great example of how a company can protect its employees and the environment while growing its business and providing important local jobs,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Removing thousands of pounds of lead and chromium-six from its products ensures a safer environment for Valley Chrome Plating’s workers and the community.”
In 2009, the company eliminated the use of hexavalent chromium and replaced it with the more environmentally friendly trivalent chromium. That same year, Valley Chrome also replaced its lead anodes with safer graphite anodes. The switch to graphite and trivalent chromium has eliminated 3,000 lbs of lead waste and 6,000 lbs of hexavalent chromium from its waste stream.
In addition to altering the materials used its truck bumpers and accessories; Valley Chrome discharges zero wastewater to the public sewers through recycling and the underground plumbing that captures roof run-off from the facility for re-use. This system collects up to 100,000 gallons of rain water that is then used by the facility as part of its cleaning and finishing processes. Valley Chrome also installed ion exchange waste reduction systems in its manufacturing and plating operations, further reducing pollution associated with trivalent chromium as well as nickel plating.
These innovations saved this family-owned company thousands of dollars in waste treatment costs, hauling fees, and reduced energy consumption, and still allowed the company to compete in the global market.
Hexavalent chromium is associated with irritation to the skin, nose, eyes and throat, and more serious complications. Lead is a toxic metal used in plating tanks as anodes. Lead is tied to a range of health effects, including behavioral problems, learning disabilities, seizures, and death. Children six years old and under are at most risk.
NPEP was a voluntary program fostering partnerships between regulatory agencies and manufacturers, commercial companies, and other facilities to reduce the use and release of highly toxic chemicals. NPEP officially ended in 2011. The NPEP partnership encouraged innovative thinking about conservation of our natural resources and ways to substitute, reduce, reuse, and recycle.
Dooley Dinged for Dumping
Patrick Dooley, the owner of Bargains Inc., a.k.a. AAA Liquidating Services Inc., was convicted in US District Court of three counts of Clean Water Act (CWA) violations and one count of witness tampering related to an August 2010 hazardous materials dumping incident. The jury convicted the defendant following a four-day trial. Dooley faces up to three years in prison on each CWA violation and 10 years in prison on the felony witness tampering count. Sentencing before Chief US District Judge Marsha J. Pechman is scheduled for April 27, 2012, at 10:00 a.m.
According to records in the case and testimony at trial, in August 2010, Dooley directed a juvenile employee to dispose of surplus commercial chemical cleaning products by dumping them down a toilet at the company’s South Seattle warehouse. Acting under Dooley’s supervision, the juvenile employee proceeded to dispose of multiple five-gallon containers of liquid bleach and an acidic laundry solution. Dooley failed to provide any personal protective equipment nor instruct the juvenile employee to take any precautions. The two chemicals reacted in the toilet bowl to produce chlorine gas of a sufficient concentration to cause immediate physical symptoms. Once exposed to the chlorine gas, the juvenile employee got out of the warehouse. He continued experiencing breathing difficulties, nausea, and other symptoms of chlorine gas exposure. Emergency medical personnel responded and transported the employee to a nearby hospital where he was treated and released.
Dooley instructed another employee to falsely characterize his employment status and compensation arrangement to law enforcement officers in an attempt to obstruct the federal investigation. At various times following the incident, Dooley claimed that the 17-year-old juvenile had simply decided to clean the toilet on his own, and had not been acting on instructions to dispose of the chemicals.
The case was investigated by the EPA’s Criminal Investigation Division with assistance from Seattle Public Utilities and the Washington State Department of Ecology. The case is being prosecuted by Assistant US Attorneys Matthew Diggs and Jim Oesterle.
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Trivia Question of the Week
According to the World Economic Forum, what country has the worst air pollution?
a. India
b. China
c. United States
d. Mexico
