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Six Small Louisiana Companies Fined
for SPCC Violations
The Environmental Protection Agency
(EPA) has fined six
Louisiana companies for violating federal Spill Prevention,
Control and Countermeasure (SPCC) regulations
outlined under the federal Clean Water Act.
Federal inspections of the bulk storage
facilities in May 2009 revealed a variety of violations
though the violations differed at each facility. As an
example: No SPCC plans were available, facilities were not
fully fenced and entrance gates were not locked or guarded
when sites were unattended, and containment systems,
including walls and floors were not sufficient to contain
oil spills. Mobile or portable storage containers were not
positioned to prevent discharged oil from reaching
waterways, spill prevention briefings were not scheduled and
conducted periodically, and SPCC plans had inadequate or no
discussion of facility security. The inspections also
revealed plans were inadequate or did not discuss facility
transfer operations and pumping, 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.
The companies inspected and fined were:
A-1 Electrical Contractors, Inc., 2783
Lapalco Boulevard, Harvey LA, $1,350
Joe’s Landing, 4811 Privateer Boulevard, Barataria LA,
$1,100
Salty’s Marina, 117 Highway 22 East, Madisonville LA, $850
Southern Seaplane, Inc., #1 Cogville Drive, Belle Chasse LA,
$700
Westwego Export Terminal, 933 River Road, Westwego LA, $700
Stanco, Inc., Vehicle Maintenance Yard, 70459 Highway 59,
Abita Springs LA, $650
As part of an Expedited Settlement
Agreement with EPA, the companies have provided
certification that all deficiencies have been corrected.
Palmas Lakes, Inc. and F&R Contractors
Fined $100,000 for Failing to Obtain a Stormwater Discharge
Permit and Improper Stormwater Management
The U.S. Environmental Protection
Agency (EPA) has fined a developer and a
construction company
for their failure to obtain a permit and follow federal
regulations for handling stormwater runoff from the Harbour
Lakes residential development in Palmas del Mar, P.R. The
two companies, Palmas Lakes, Inc. and F& R Contractors,
agreed to pay fines
totaling $100,000.
F&R Contractors
failed to obtain permits
under the National Pollutant Discharge Elimination System (NPDES)
program, and Palmas Lakes, Inc.
failed to meet permit
requirements. NPDES is a program under the federal
Clean Water Act that regulates stormwater discharges
associated with sewer systems, and industrial and
construction activities. NPDES regulations require owners
and operators of construction sites larger than one acre to
obtain permits and to develop and implement stormwater
pollution prevention plans, including best management
practices to minimize the amount of pollutants reaching
waterways.
“Improper management of stormwater can
have serious environmental consequences for our harbors,
rivers, lakes and streams,” said EPA Acting Regional
Administrator George Pavlou. “EPA remains vigilant in
holding accountable those who refuse to comply with federal
laws.”
Sediment runoff rates from construction
sites are typically 10 to 20 times greater than those from
agricultural lands, and 1,000 to 2,000 times greater than
those of forest lands. Sediment discharges from
construction sites can cause physical and biological harm to
waterways.
Bailin & Associates, Inc. Faces $157,000
Fine for Failure to Obtain a Stormwater Discharge Permit and
for not Following Best Management Practices at Worcester
Development
A construction company building a
79-acre residential subdivision of townhouses in Worcester,
Mass. faces up to $157,000
in penalties of for alleged violations of the federal
Clean Water Act.
Bailin & Associates, Inc. of Worcester
has been constructing the subdivision since 2003. Because
the company is disturbing more than one acre of land, they
are required to apply for a water discharge permit – either
an individual NPDES permit or a NPDES General Permit for
Storm Water Discharges from Construction Activities.
Though construction began in 2003,
Bailin failed to apply for
a NPDES permit until April of 2008. Additionally,
Bailin failed to install
and maintain adequate Best Management Practices (BMPs) at
the Site such as sedimentation control barriers, stockpile
containment, and surface and slope stabilization.
Lastly, Bailin violated the Clean Water Act by allegedly
discharging stormwater from
the construction site without a permit.
Before and after Bailin received permit
coverage on May 29, 2008, the company installed pollutant
control measures, including a detention pond with a
manually-activated submersible pump that discharges to a
wooded wetland, flows through a channel into an unnamed
tributary, through a series of ponds, then to Beaver Brook
and ultimately to the Blackstone River. Bailin pumped
silted water from this detention pond causing siltation in
the unnamed stream and ponds.
Stormwater runoff from construction
activities has the potential to significantly impact the
water quality of receiving waters. As storm waters flow
over a construction site, they can pick up and transport
certain pollutants, such as oil and grease from petroleum
products, metals from paints and sealants, sand and
aggregate from unstable material stockpiles, and solvents
and construction debris. Contaminated stormwater runoff can
harm or kill fish and or other aquatic wildlife.
Uncontrolled stormwater runoff from a construction site can
affect an aquatic habitat and cause stream bank erosion and
flooding.
Aluminum Recycler Aleris Fined $8.8 Million
for NESHAP (MACT) Violations Including Insufficient
Pollutant Capture, Monitoring, and Testing
Aleris International Inc., one of the
nation’s largest aluminum recyclers, and 13 of its
subsidiaries have committed to implementing
environmental improvements
and controls projected to cost $4.2 million at 15
plants located in 11 states, U.S. Environmental Protection
Agency (EPA) and the Justice Department announced today.
The company also agreed to a
$4.6 million civil penalty
to resolve violations of the Clean Air Act, which will be
allowed as an unsecured claim in Aleris’s bankruptcy
proceeding pending in Delaware.
Aleris uses recycled beverage cans,
scrap, and other materials to produce aluminum in liquid or
ingot form. Part of the aluminum production process causes
emissions of pollutants such as dioxins and furans, hydrogen
chloride, and particulate matter.
The consent decree requires Aleris to
better enclose its furnaces to improve the capture of
emissions, retest every furnace using model test protocols,
adopt model recordkeeping and reporting documents, and
install pollution control or monitoring equipment at
particular facilities. The settlement is expected to reduce
annual emissions of particulate matter by up to 24,000
pounds, hydrogen chloride by up to 870,000 pounds, and
dioxins and furans by up to one pound per year. Dioxins and
furans, created during incineration, are known to cause
cancer and are extremely toxic at low levels.
“Today’s settlement sets a new standard
for aluminum recyclers nationwide,” said Cynthia Giles,
assistant administrator of EPA’s Office of Enforcement and
Compliance Assurance. “This will ultimately result in
cleaner air for the people living near Aleris facilities
throughout the country.”
“This settlement, including the
significant civil penalty, will help to protect human health
and the environment by bringing one of the country’s largest
secondary aluminum companies into compliance with the Clean
Air Act’s rules for the industry,” said John C. Cruden,
Acting Assistant Attorney General for the Justice
Department’s Environmental and Natural Resources Division.
“It will also serve as notice to the rest of the industry
that we will vigorously enforce the Act and rules.”
In a complaint filed last February in
the U.S. District Court for the Northern District of Ohio,
the United States alleged that Aleris
violated the National
Emission Standards for Hazardous Air Pollutants for
Secondary Aluminum Production, which became effective
in 2003. The complaint alleged that Aleris
failed to design and
install adequate systems to capture emissions of pollutants,
to demonstrate compliance with federal emission standards
through adequate performance testing, to correctly establish
and monitor operating parameters, and to comply with
recordkeeping and reporting requirements.
The settlement requires Aleris and its
subsidiaries to implement pollution controls and take other
compliance measures at facilities located in Goodyear,
Ariz.; Post Falls, Idaho; Morgantown and Lewisport, Ky.;
Chicago Heights, Ill.; Wabash, Ind.; Coldwater and Saginaw,
Mich.; Uhrichsville, Ohio; Sapulpa, Okla.; Loudon and
Shelbyville, Tenn.; Richmond, Va.; and Friendly, W.Va. The
states of Idaho, Illinois, Indiana, Kentucky, Michigan,
Ohio, Oklahoma, Tennessee, Virginia, and West Virginia and
Maricopa County, Ariz., joined today’s settlement and will
share a portion of the civil penalty. This is the largest
number of facilities ever included in a Clean Air Act
settlement involving the secondary aluminum production
industry.
Dioxins and furans bioaccumulate, or
accumulate in higher than normal concentrations, in fish and
other fatty foods and disrupt brain development and hormone
systems, particularly in developing fetuses. Hydrogen
chloride can be corrosive to the eyes, skin, and mucous
membranes, and both short- and long-term exposure are linked
to a number of respiratory and other health effects.
Exposure to particulate matter is also linked to
respiratory problems like asthma and other adverse health
effects.
The consent decree, lodged in the U.S.
District Court for the Northern District of Ohio, is subject
to a 30-day public comment period and approval by both the
district court and the U.S. Bankruptcy Court for the
District of Delaware.
Yuba City Fined $2,400 for Failing to Update
Risk Management Plan
The U.S. Environmental Protection
Agency has fined the city
of Yuba City, Calif., $2,400 for failing to update its risk
management plans for its water and wastewater treatment
plants. In its 2007 hazard assessment, the city
failed to identify local parks and recreation areas, where
people could potentially be affected if there were a
chlorine release from the two treatment plants. The city
also failed to certify that operating procedures were
current and accurate as required by federal regulations, and
certify that it had completed a compliance audit by a June
1, 2006 deadline, which is required every three years. The
EPA discovered the violations during a routine inspection in
December 2007. The city has since addressed all violations
discovered during the inspections.
When properly implemented, risk
management plans help prevent chemical releases and minimize
potential impacts at facilities that store large amounts of
hazardous substances and flammable chemicals. Facilities
are required to update and resubmit their risk management
plan at least once every five years, which is used by the
EPA to assess chemical risks to surrounding communities and
to prepare for emergency responses.
Colorado Interstate Gas Pays
more than $1 Million to Resolve Clean Air Act Violations in
Utah for Installing Engines Without a Permit
Colorado Interstate Gas Company (CIG),
the operator of the Natural Buttes Compressor Station
located on the Uintah and Ouray Indian Reservation near
Vernal, Utah, has agreed to pay more than $1 million and
install environmental controls at its facility as part of a
consent decree that resolves violations of the Clean Air
Act, the Justice Department and U.S. Environmental
Protection Agency (EPA) announced today.
Under the terms of the decree, CIG will
pay a civil penalty and
back fees totaling $1,020,000 and will fund for one
year the operation of two ambient air monitoring stations on
the Uintah and Ouray Reservations.
According to a complaint filed along
with the consent decree, CIG installed engines at its
Natural Buttes Compressor Station but
failed to obtain a permit
and control and test emissions sources at its
facility on the reservation. The violations of the Clean
Air Act were discovered through EPA inspections and
EPA-required emission testing at the facility.
"Protecting the environment on Indian
lands is an important priority for the Justice Department,"
said John C. Cruden, Acting Assistant Attorney General for
the Justice Department’s Environment and Natural Resources
Division. "This is the fourth Clean Air Act case this year
alone, brought by the Department against companies operating
natural gas production facilities on the Uintah and Ouray
Indian Reservation."
"This settlement will formalize
Colorado Interstate Gas Company’s commitment to reduce
emissions and support air monitoring on the Uintah and Ouray
Indian Reservation," said Eddie A. Sierra, Acting Assistant
Regional Administrator for EPA Region 8.
The settlement will result in
operational improvements that are expected to reduce
emissions of hazardous air pollutants by more than 48,000
pounds per year and nitrogen oxides by 313,000 pounds per
year. In addition, the settlement will help ensure that the
Tribal airshed, a part of the atmosphere that behaves in a
coherent way with respect to the dispersion of emissions, is
being properly protected.
Southwire to Pay Unprecedented Fine of
$337,500 for Violations of the Secondary Aluminum NESHAP
In the largest civil settlement
obtained for alleged violations of the Secondary Aluminum
Maximum Achievable Control Technology (MACT) regulations at
a single facility in the Southeastern United States,
Southwire Company has agreed to pay a total of
$337,500 in civil
penalties to the United States and the Commonwealth of
Kentucky to address alleged noncompliance in testing,
operational, monitoring, and record-keeping requirements of
the Clean Air Act (CAA) at its Hawesville, Ky. secondary
aluminum production facility.
The civil action, a response to a Feb.
20, 2006 Notice of Violation from the Kentucky Energy and
Environmental Cabinet Department of Air Quality (KDAQ) and a
Feb. 21, 2006 Finding of Violation issued by the U.S.
Environmental Protection Agency, addresses penalties
associated with the facility’s
lack of air quality
monitoring measures and procedures which have since
been addressed. As a “major source” as defined by the Clean
Air Act (CAA), the secondary aluminum production facility
must comply with all pertinent regulations at the federal,
state, and local levels pursuant to the CAA.
In Aug. 2007, the KDAQ confirmed that
air pollutant levels from the secondary aluminum production
facility meet the industry standards established by the MACT
rule, which regulates the emission of metallic hazardous air
pollutants, dioxins/furans, and hydrogen chloride, hydrogen
fluoride and chlorine associated with secondary aluminum
production. Because the facility has come into compliance
with the MACT standards since notification of the
violations, the settlement requires no further action to
address compliance with the CAA at the facility.
EPA Cites Sauder for Violations of Opacity
and Emission Limits, and Monitoring and Recordkeeping
Requirements
U.S. Environmental Protection Agency
Region 5 has filed an administrative complaint against
Sauder Woodworking Cogeneration Facility for alleged Clean
Air Act violations at the company's furniture manufacturing
plant at 502 Middle St., Archbold, Ohio. EPA proposed a
$328,334 penalty.
EPA alleges Sauder violated federal and
state regulations by
emitting excessive amounts of
visible particulates
(smoke, dust, ash), nitrogen oxides and volatile organic
compounds from its wood-fired boilers. In addition,
EPA alleges Sauder violated
notification and recordkeeping requirements and requirements
to continuously monitor emissions from its boilers.
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 alleged violations in April 2008 and again in February
2009 and met with the company after each notification to
discuss the findings and how to resolve them.
Sauder has 30 days from receipt of the
complaint to file an answer and request a hearing. It may
request an informal conference with EPA at any time to
discuss resolving the allegations.
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.
Plastic Composites Manufacturer
Conett Fined $151,000 for Failure to Reduce Hazardous Air
Pollutants and Failure to Submit Timely Notifications
U.S. Environmental Protection Agency
Region 5 has reached an agreement with Conett Inc. (formerly
known as Geotek Inc.) on alleged clean-air violations at a
reinforced plastic composites production plant at 1421
Second Ave. N.W., Stewartville, Minn., formerly owned by
Conett. Conett has told EPA that it has sold the facility
and no longer owns or operates it.
The agreement, which includes a
$151,000 penalty,
resolves EPA allegations that Conett
violated national emission
standards for hazardous air pollutants by failing to reduce
organic hazardous air pollutants from its pultrusion
operations by the required date and by
failing to submit timely
compliance notifications.
Hazardous air pollutants may cause
serious health effects including birth defects and cancer.
They may also cause harmful environmental and ecological
effects.
American Laboratories Inc.
of Omaha, Neb., Pays $440,000 for Alleged Isopropyl Alcohol
Hazardous Air Pollutant Violations
An Omaha, Neb., company that processes
animal byproduct materials into pharmaceutical products and
dietary supplements has agreed to pay
$440,000 in civil penalties,
has certified that it no longer uses hazardous air
pollutants in the production of its pharmaceutical products,
and has already installed new pollution-reducing process
controls at one of its two Omaha facilities, all as parts of
a legal settlement with EPA Region 7 and the City of Omaha.
American Laboratories Incorporated
(ALI) is spending
approximately $180,710 to install the new pollution controls
at its East Facility, located at 5036 South 33rd Street, in
Omaha. The controls are expected to reduce ALI's emissions
of isopropyl alcohol from the facility by 56 tons per year.
The facility produces pancreatin, an enzyme supplement.
According to a federal consent decree
lodged by EPA Region 7 and the City of Omaha, since 1999,
ALI has allegedly violated
provisions of the federal Clean Air Act, Nebraska's State
Implementation Plan, and related provisions of Omaha's
Municipal Code, which regulate hazardous air pollutants.
ALI, which admits no liability to the
United States in the consent decree, also operates a West
Facility at 4410 South 102nd Street in Omaha. According to
the consent decree, ALI has obtained a proper operating
permit from the City of Omaha for that facility.
The pollution controls installed by ALI
at its East Facility will enable the company to capture and
recycle isopropyl alcohol emissions that had been released
at four stages of its production process, at a cost savings
of $73,398 per year. While improving the air quality in
Omaha, the controls are expected to pay for themselves in
less than three years.
In addition to paying $440,000 in civil
penalties to the United States and the City of Omaha, ALI
has agreed to an air monitoring program that will require
the company to submit monthly reports of air emissions to
EPA and the City of Omaha.
Flavor Concepts Fined $53,827 for Failure
to Obtain Air Permits
U.S. Environmental Protection Agency
Region 5 has reached an agreement with Flavor Concepts Inc.
on alleged Clean Air Act violations at the company's food
and beverage flavoring manufacturing plant at 1350 W.
Washington St., West Chicago, Ill.
The agreement, which includes a
$53,827 penalty,
resolves EPA allegations that Flavor Concepts
constructed and operated
new sources of air pollution emissions and air pollution
control equipment without first getting state construction
and operating permits.
EPA alleges the violations occurred
from January 2003 through May 30, 2008. Emissions include
particulate matter (smoke, dust, ash) and volatile organic
compounds.
Inhaling high concentrations of
particulates can have adverse health effects, particularly
in children, the elderly and people with heart and lung
disease. Volatile organic compounds contribute to the
formation of ground-level ozone (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.
Frontier Aluminum Fined $36,500 for
Improperly Managing Hazardous Waste
The U.S. Environmental Protection
Agency has fined
Frontier Aluminum, an aluminum extrusions manufacturer,
$36,500 for failing
to comply with federal hazardous waste management
regulations at two of its facilities located in Corona,
Calif.
The EPA inspected the Frontier Aluminum
facilities on May 21, 2008, and found that the company
violated the Resource Conservation and Recovery Act by
engaging in multiple
hazardous waste management violations, including:
•
failure to properly close containers;
•
failure to properly maintain tank leak detection system;
•
failure to conduct daily inspections of its tanks;
•
failure to create adequate aisle space;
•
failure to conduct annual refresher training;
•
failure to conduct weekly inspections;
•
failure to obtain a permit to store hazardous waste; and
•
failure to submit a 2007 biennial report.
"This agency will see that Frontier
Aluminum, as well as any other business that generates
hazardous wastes, will comply with all hazardous waste
regulations or risk facing costly fines and legal action,"
said Jeff Scott, director of the Waste Management Division
for the EPA’s Pacific Southwest region. "Strict enforcement
of hazardous waste regulations not only protects the health
and environment of a local community, it also helps ensuring
a level playing field for all businesses, regardless of
their size."
Firms that handle hazardous waste must
properly handle and store waste to prevent spills and
safeguard worker health. The EPA administers programs under
the Resource Conservation and Recovery Act, which provides
for safe management of solid and hazardous waste.
Frontier Aluminum Corp. is a producer,
finisher and fabricator of aluminum extrusions. Among the
hazardous wastes stored by the Frontier Aluminum Corp. was
solvent-based paint related wastes, acids, and filter cake,
a type of chrome-based waste.
YKK (U.S.A.) Inc., Agrees to Pay $240,000 for
Not Ensuring Hazardous Waste was Properly Disposed of
The U.S. Environmental Protection
Agency (EPA) has finalized a case involving alleged
violations of the Resource Conservation and Recovery Act (RCRA)
against YKK (USA), Inc. (YKK), a zipper manufacturer with
facilities in Macon, Ga. In accordance with the Consent
Agreement and Final Order (CA/FO) filed July 22, 2009, YKK
has agreed to pay a penalty
of $240,000 to resolve several alleged violations of
RCRA and the Georgia Hazardous Waste Management Act (GHWMA).
The alleged violations include
failure to prepare
manifests for hazardous waste containers and failure to meet
certain conditions for a permit exemption relating to
storage, labeling, marking, inspection and recordkeeping.
On May 29, 2008, the Georgia
Environmental Protection Division (GAEPD) inspected an EZ
Emission facility in Rex, Ga., after receiving a complaint
from the owner about unknown containers stored there.
During the inspection, GAEPD discovered approximately nine
containers marked “Hazardous Waste” and affixed with YKK’s
shipping labels. GAEPD further discovered
that the containers had been placed at this location by a
hazardous waste vendor used by YKK. Upon this discovery,
YKK immediately arranged for these containers to be removed
to a properly-permitted location. As part of GAEPD’s
investigation concerning the discovered wastes, GAEPD
inspected a private residence on June 12, 2008 owned by the
vendor, and discovered approximately seven containers
affixed with YKK’s shipping labels. This residential
location was also the vendor’s business address supplied to
GAEPD.
A RCRA compliance evaluation inspection
(CEI) of YKK’s Ocmulgee Park and Chestney Site facilities
was conducted by EPA and GAEPD on August 6, 2008 to
determine compliance status and to investigate the
circumstances associated with the discovery of YKK’s wastes.
Based on the previous discovery of YKK’s wastes and the CEI,
EPA issued a Notice of Violation to YKK on February 4, 2009
identifying alleged violations of RCRA. On February 26,
2009, upon discovery, YKK immediately notified EPA and GAEPD
that additional containers of wastes affixed with YKK’s
shipping labels were stored by the vendor at a self-storage
facility in Macon, Ga. that had been rented by the vendor.
EPA inspected the self-storage facility the following day,
and confirmed that approximately 57 containers of YKK’s
wastes were left in storage. YKK arranged for these
containers to be removed to a properly-permitted location
pending further investigation. YKK has certified that all
alleged violations have been corrected as part of the CA/FO.
U.S.D.A. Facility in Beltsville, Md., Pays
$65,066 to Settle Underground Storage Tank and Hazardous
Waste Violations
The U.S. Department of Agriculture’s
Beltsville Agricultural Research Service, 10300 Baltimore
Ave., Beltsville, Md., has settled alleged violations of
underground storage tank (UST) and hazardous waste
regulations, the U.S. Environmental Protection Agency
announced today.
The U.S. Department of Agriculture
(USDA) agreed to pay a
$65,066 civil penalty to settle alleged violations of
federal UST regulations which are designed to prevent,
detect, and control fuel leaks from underground storage
tanks. EPA cited USDA for
failing to conduct release detection every 30 days from
November 2007 to February 2008 on nine underground storage
tanks at the Beltsville facility,
failing to perform annual
line leak detection tests from March 2002 to December 2007
on two tanks, and failing to perform annual line tightness
tests from March 2007 to November 2007 on two tanks.
EPA also cited USDA for violating the
Subtitle C Resource Conservation and Recovery Act (RCRA),
the federal law governing the treatment, storage and
disposal of hazardous waste. RCRA is designed to protect
public health and the environment, and avoid costly
cleanups, by requiring the safe, environmentally sound
storage and disposal of hazardous waste.
The alleged RCRA violations included
operating a facility for the storage, treatment and/or
disposal of hazardous waste without a permit, failing to
clearly label containers of accumulated hazardous waste, not
maintaining records of hazardous waste training for facility
personnel and failing to determine if the solid waste
generated by the facility was hazardous waste, specifically,
used aerosol cans generated from the facility’s machinery
shop.
The alleged violations involve storage
and recordkeeping violations and not discharges of
hazardous waste.
The settlement penalty reflects the
USDA’s compliance efforts and its cooperation with EPA in
the investigation and resolution of this matter.
Sequa Coatings Pays $65,000 to Settle
Hazardous Waste Generator and Storage Violations
Sequa Coatings, LLC, headquartered in
New York City, has agreed to pay a
$65,000 penalty to
settle alleged violations
of federal and state hazardous waste regulations at
its Precoat Metals facility, located in McKeesport, Pa. (the
facility), the U.S. Environmental Protection Agency
announced today.
The facility engages in the application
of decorative and protective coatings in continuous coiled
steel for use in commercial and residential construction
projects.
EPA cited Sequa for violating the
Resource Conservation and Recovery Act (RCRA), the federal
law governing the treatment, storage, and disposal of
hazardous waste. RCRA is designed to protect public health
and the environment, and avoid costly cleanups, by requiring
the safe, environmentally sound storage and disposal of
hazardous waste.
Following a May 2008 inspection by EPA,
and follow-up investigations, EPA cited the company for RCRA
violations involving hazardous waste stored at the facility,
including: operating a
hazardous waste storage facility without a permit, failure
to keep containers of hazardous waste closed during storage,
failure to comply with air emission standards equipment
marking requirements, failure to comply with air emissions
monitoring requirements for pumps and valves in light liquid
service , failure to contain universal waste lamps properly,
and failure to comply with universal waste labeling and
marking requirements.
The alleged violations involve storage
and recordkeeping violations and not discharges of hazardous
waste. The settlement penalty reflects the company’s
compliance efforts, and its cooperation with EPA in the
investigation and resolution of this matter.
As part of the settlement, Sequa has
neither admitted nor denied liability for the alleged
violations, but has certified its compliance with applicable
RCRA requirements
Virginia Gas Station Owner Settles
Underground Storage Tank Violations
Petro Marketing and Brokerage Company,
Inc. (Petro) and Patricia and John Wynn have settled
alleged violations of
underground storage tank (UST) regulations at three gas
stations in Virginia, the U.S. Environmental
Protection Agency announced today.
The gas stations are: Petro Plus West
End facility, Highway 58, Jonesville, Va., Wilderness Trail
Market - Tiger Mart (d/b/a Pioneer Market), Route 58 and
Route 897, Ewing, Va., and Petro Marketing and Brokerage
Company Bulk Plant at Chapel Garden Drive, Jonesville, Va.
PETRO and Mr. and Mrs. Wynne have
agreed to pay a collective
$31,575 civil penalty to settle alleged violations of
federal UST regulations designed to prevent, detect, and
control fuel leaks from underground storage tanks.
The alleged violations included:
Petro Plus West End Facility:
failure to maintain release
detection records for four tanks from August 2005 to
March 2006, failure to
conduct annual line tightness testing on four tanks
from January 2004 to December 2005, and
failure to conduct annual
line leak detection testing for three tanks from
January 2004 to December 2006.
Wilderness Trail Market Facility:
failure to conduct annual
line tightness testing on three tanks from January
2003 to December 2005 (the facility was sold in December
2005), and failure to
conduct annual line leak detection testing on three
tanks from January 2003 to December 2005.
Petro Bulk Plant Facility:
failure to provide release
detection on two tanks from November 2005 to March
2008.
As part of the settlement, the company
and Mr. and Mrs. Wynn neither admitted nor denied liability
for the alleged violations, but certified their compliance
with applicable UST regulations. The settlement reflects the
company’s cooperation with EPA’s investigation, and good
faith compliance efforts.
With millions of gallons of gasoline
oil, and other petroleum products stored in USTs throughout
the U.S., leaking tanks are a major source of soil and
groundwater contamination. EPA and state UST regulations are
designed to reduce the risk of underground leaks, and to
promptly detect and properly address leaks which do occur,
thus minimizing environmental harm and avoiding the cost of
major cleanup.
Lockhart Chemical Agrees to pay $101,900
for Hazardous Waste Tank Storage and Labeling Violations
U.S. Environmental Protection Agency
Region 5 has settled with Lockhart Chemical Company, Flint,
Mich., for alleged violations of federal hazardous waste
regulations. A $101,900
penalty has been set.
The company, located at 4302 James P.
Cole Blvd., failed to meet
hazardous waste tank secondary containment, certification
and inspection requirements. Lockhart also
failed to have a hazardous
waste storage permit, properly label tanks and keep proper
shipping records.
The hazardous chemicals accumulated
were methanol and butanol
which are both ignitable. Following an EPA inspection,
Lockhart modified its production process, ceased using tanks
to accumulate hazardous waste and notified EPA that it is a
small quantity generator.
Under the Resource Conservation and
Recovery Act, EPA controls hazardous waste from its
production to final disposal.
Genuine Parts Company Pays $43,000
to Settle Hazardous Waste Storage, Permitting, and Labeling
Violations at Hancock, Md. Auto Parts Facility
Genuine Parts Company has paid a
$43,000 penalty to
settle alleged violations of hazardous waste regulations at
Rayloc, its auto parts rebuilding facility, 100 Rayloc Dr.,
Hancock, Md., the U.S. Environmental Protection Agency
announced today.
EPA cited Genuine Parts Company,
headquartered in Atlanta, for violating the Resource
Conservation and Recovery Act (RCRA), the federal law
governing the treatment, storage, and disposal of hazardous
waste. RCRA is designed to protect public health and the
environment, and avoid costly cleanups, by requiring the
safe, environmentally sound storage and disposal of
hazardous waste.
Following a May 2008 inspection, EPA
cited the company for RCRA violations involving hazardous
waste stored at the facility, including cadmium-contaminated
clean-out debris stored in 55-gallon containers.
The alleged violations included:
*
operating a hazardous waste storage facility without a
permit or interim status,
*
failing to submit a timely biennial report to the Maryland
Department of the Environment concerning hazardous waste
generated during the 2007 calendar year,
*
failing to keep containers of hazardous waste closed during
storage,
*
failing to perform weekly inspection of hazardous waste
container storage area to check for leaks and deterioration
of containers,
*
failure to transfer hazardous waste out of containers that
were in poor condition.
The alleged violations involve storage
and recordkeeping violations, and not discharges of
hazardous waste. The $43,000 settlement penalty reflects
the company’s compliance efforts, and its cooperation with
EPA in the investigation and resolution of this matter. As
part of the settlement, Genuine Parts Company has neither
admitted nor denied liability for the alleged violations,
but has certified its compliance with applicable RCRA
requirements.
7-Eleven Settles Underground Storage Tank
Violations at Two Western Pennsylvania Locations
Handee Marts, Inc., doing business as
7-Eleven and owner of two 7-Eleven locations in Pittsburgh
and Cranberry Township, Pa., has settled alleged violations
of underground fuel storage tank regulations, the U.S.
Environmental Protection Agency announced today.
Handee Marts, Inc., Gibsonia, Pa., the
owner and operator of the two locations, has agreed to pay a
$22,758 penalty to
settle alleged violations of federal regulations designed to
prevent, detect, and control fuel leaks from underground
storage tanks, or USTs.
At the Cranberry Township location,
1559 Route 228, the company
failed to perform automatic line leak detector testing
annually on five underground storage tanks (four
8,000-gallon tanks containing gasoline and diesel fuel, and
one 5,000-gallon tank containing kerosene) from May 2006 to
November 2007. The company also
failed to perform automatic
line tightness test of underground piping on the five
tanks from August 2007 to November 2007.
At the Pittsburgh, Pa. location, 1101
Brookline Blvd., the company
failed to perform automatic
line leak detector testing annually on five
underground storage tanks (five 8,000-gallon tanks
containing gasoline and kerosene) from Dec. 1, 2003 to Aug.
22, 2007. The company also
failed to perform automatic line tightness test of
underground piping on the five tanks from May 16,
2006 to July 18, 2006 and from July 19, 2007 to Aug. 22,
2007, and failed to test
the corrosion protection system every three years.
As part of the settlement, the company
neither admitted nor denied liability for the alleged
violations, but certified its compliance with applicable UST
regulations. The settlement reflects the company’s
cooperation with EPA’s investigation, and good faith
compliance efforts.
With millions of gallons of gasoline,
oil, and other petroleum products stored in USTs throughout
the U.S., leaking tanks are a major source of soil and
groundwater contamination. EPA and state UST regulations
are designed to reduce the risk of underground leaks and to
promptly detect and properly address leaks which do
occur, thus minimizing environmental harm and avoiding the
costs of major cleanups.
Connecticut-Based Corporation HEAD/Penn
Racquet Sports Fined $24,780 for Toxic Chemical Reporting
Violations at Phoenix Facility
Today, the U.S. Environmental
Protection Agency fined HEAD/Penn Racquet Sports
$24,780 for allegedly
failing to report the amount of toxic chemicals released
by its Phoenix, Ariz., facility, in violation of the federal
Emergency Planning and Community Right-to-Know Act.
The company failed to report emissions
of N-hexane and zinc
compounds from its facility to the EPA’s annual
Toxics Release Inventory for 2007. The Conn.-based
corporation owns and operates the facility located at 306 S.
45th Avenue in Phoenix.
"These reports provide the public with
valuable information about the toxic chemicals being
released in their communities,” said Nathan Lau, the EPA’s
Communities and Ecosystems Division associate director for
the Pacific Southwest. “This should remind others that the
EPA is maintaining a close watch over chemical reporting
practices and is serious about enforcing community
right-to-know laws.”
Federal law requires that facilities
using toxic chemicals over specified amounts file annual
reports of their chemical releases with the EPA and the
state. Information from these reports is then compiled into
a national database and made available to the public.
Environmental
Management Corp. of Lincoln, Ill. Pays $53,500 for Chemical
Inventory Reporting Violation
U. S. Environmental Protection Agency
Region 5 recently settled an administrative case involving
hazardous chemical inventory reporting violations at the
municipal waste water treatment plant in Lincoln, Ill.,
operated by Environmental Management Corp. The company will
pay a civil penalty of
$12,500 and purchase
10 direct-fired heaters for diesel school buses, valued at
$41,000, for two Logan County school districts.
Environmental Management Corp.
failed to provide emergency
and hazardous chemical inventory forms to state and local
authorities. EMC was storing
chlorine and diesel fuel
over the minimum threshold level. According to Richard
Karl, EPA region 5's Superfund director, "the company has
since switched from chlorine to sodium hypochlorite, has
cooperated fully with the investigation and is now in
compliance."
Responders need to know what chemicals
are stored at facilities so they can take steps to protect
people living and working in the area.
Chester East Lincoln and Hartsburg-Emden
school districts will receive the direct-fired heaters for
diesel school bus retrofits. That will reduce the amount of
diesel emissions from the buses. Diesel emission reduction
is an EPA priority project.
Branco Enterprises Fined $102,600 for
Alleged Potential Trenching Hazards at Fort Smith, Ark.,
Worksite
The U.S. Department of Labor's
Occupational Safety and Health Administration (OSHA) has
cited Branco Enterprises Inc. with
an alleged willful and nine
serious violations of federal health and safety
regulations following an inspection at the company's
worksite in Fort Smith. Proposed
penalties total $102,600.
"This employer
failed to protect its
employees from possible trench cave-ins," said Carlos
Reynolds, area director of OSHA's Little Rock Area Office.
"It is fortunate that in this case no one was injured."
OSHA's Little Rock Area Office began
its investigation Feb. 4. At the time, 20 workers were
working at the site, five of whom were in a 7-foot deep
trench on Grand Avenue, preparing the trench for concrete to
be poured. The workers were not adequately protected from
cave-ins since the trench was not adequately sloped. A
willful citation has been issued for failing to have a
protective system in place to prevent cave-ins. Protective
systems can include sloping and benching of the soil or
various shoring methods with steel or timbers to prevent
soil collapse. OSHA defines a willful violation as one
committed with intentional disregard of, or plain
indifference to, the requirements of the Occupational Safety
and Health Act.
The nine serious violations include
failing to provide training
in hazards associated with trenches, to protect workers from
protruding rebar and to ensure that employees had
appropriate access to and from trenches. A serious
violation is one in which there is substantial probability
that death or serious physical harm could result from a
hazard about which the employer knew or should have known.
Branco Enterprises, headquartered in
Neosho, Mo., has 15 business days from receipt of the
citations to comply, request an informal conference with
OSHA's area director in Little Rock, or contest the
citations and proposed penalties before the independent
Occupational Safety and Health Review Commission.
Amer Industrial Technologies Fined
$63,750 for Multiple Workplace Safety and Health Hazards
The U.S. Department of Labor's
Occupational Safety and Health Administration (OSHA) has
cited Amer Industrial Technologies Inc. for alleged safety
and health violations, proposing
$63,750 in penalties.
OSHA initiated its investigation on
Mar. 18 in response to a complaint alleging unsafe work
conditions. As a result, the company has been cited with
33 serious violations,
with a penalty of $61,250, and
eight other-than-serious
violations, with a penalty of $2,500.
The
serious violations include fall hazards, unsafe storage of
flammable and combustible liquids, unguarded machinery, lack
of welding screens, lack of caution signs, lack of crane and
sling inspections, obstructed exits, inadequate training,
lack of safety restraints for compressed air hoses, numerous
electrical hazards, lack of a hearing conservation program
and lack of a hazard communication program. A
serious citation is issued when there is substantial
probability that death or serious physical harm could result
and the employer knew, or should have known, of the hazard.
The
other-than-serious violations include blocked fire
extinguishers, the absence of 'no smoking' signs, the
company's failure to take air samples to determine employee
exposure to hexavalent chromium and the company's failure to
maintain required records.
"These violations leave Amer Industrial
Technologies employees vulnerable to workplace accidents
that can cause injury and possible death," said Domenick
Salvatore, area director of OSHA's Wilmington office. "The
company is strongly encouraged to abate these hazards as
quickly as possible."
The Wilmington company designs,
engineers, manufactures and tests nuclear and non-nuclear
pressure vessels, and employs 30 workers.
The company has 15 business days from
receipt of the citations to comply, request an informal
conference with the OSHA area director, or contest the
citations and proposed penalties before the independent
Occupational Safety and Health Review Commission. The
investigation was conducted by OSHA's Wilmington Area
Office; telephone: 302-573-6518.
Sinclair Tulsa Refining Fined $240,750
for Alleged Process Safety Management (PSM) Hazards
The U.S. Department of Labor's
Occupational Safety and Health Administration (OSHA) has
cited Sinclair Tulsa Refining Co. with alleged willful and
serious violations - one of each - following an inspection
at the company's crude oil refinery in Tulsa. Proposed
penalties total $240,750.
OSHA's Oklahoma City Area Office began
its investigation Feb. 4 at the company's facility on 25th
Street in Tulsa.
The inspection was initiated as part of
OSHA's National Emphasis Program for Petroleum Refineries,
which has mandated inspections for refineries across the
nation.
"Failure
to effectively implement OSHA's process safety management
regulations to protect employees from potential hazards at
high risk facilities, such as petrochemical
refineries, will not be tolerated," said David Bates, OSHA's
area director in Oklahoma City, Okla. "This planned
inspection has identified hazards for corrective action to
help prevent accidents or injuries."
The
willful citation was issued for
failing to promptly address
hazards identified in a process hazard analysis (PHA)
conducted in 1995. The PHA, required by OSHA
standards, identified electrical equipment in a crude unit
control room capable of creating an ignition source for
flammable vapors. The PHA also identified the need to
provide early warning devices for flammable and toxic
releases. These hazards had not been corrected at the time
of the February 2009 OSHA inspection. OSHA defines a
willful violation as one committed with intentional
disregard of, or plain indifference to, the requirements of
the Occupational Safety and Health Act.
The
serious citation, which includes 38 violations, was issued
for hazards associated with process safety management,
portable fire extinguishers, emergency response and
evacuation, benzene, hexavalent chromium, electrical
deficiencies, chemical storage, fall protection, compressed
gas cylinders and walking/working surfaces. A
serious violation is one in which there is substantial
probability that death or serious physical harm could result
from a hazard about which the employer knew or should have
known.
Sinclair Tulsa Refining, a subsidiary
of Salt Lake City, Utah-based Sinclair Oil Corp., employs
about 260 workers in Tulsa. The company has 15 business
days from receipt of citations to comply, request an
informal conference with OSHA's area director in Oklahoma
City, or contest the citations and proposed penalties before
the independent Occupational Safety and Health Review
Commission.
Fluid Management Systems Faces
$125,000 in Fines for Electrical, Chemical and Respirator
Hazards
The U.S. Department of Labor's
Occupational Safety and Health Administration (OSHA) has
cited Fluid Management Systems Inc. for
29 alleged willful, serious
and other-than-serious violations of safety and
health standards at its Watertown, Mass., production plant.
The manufacturer of analytical instruments faces a
total of $125,000 in
proposed penalties, chiefly for electrical, chemical
and respirator hazards.
"Our inspection found
employees working in close
proximity to energized electrical circuits without proper
training or personal protective equipment," said Paul
Mangiafico, OSHA's area director for Middlesex and Essex
counties. "OSHA standards require that circuits be
de-energized before employees work on them and that
appropriate personal protective equipment be supplied and
used in those rare instances where de-energizing is not
feasible."
Among the other electrical-related
hazards found during the inspection were
instances of
unguarded or uncovered live
electrical parts, equipment and openings; failing to
de-energize live electrical parts before working on them;
not training employees in safe electrical work practices;
and allowing unqualified employees to work on energized
equipment.
Additional hazards included unmarked exit routes; improperly
stored compressed gas cylinders; inadequate lockout/tagout
safeguards; improper training and lack of eyewashes for
employees working with methylene chloride; unlabeled
containers of hazardous chemicals; and inadequate
respiratory protection safeguards.
As a result, OSHA has issued Fluid
Management Systems Inc. two willful citations, with $70,000
in proposed fines, for the lack of personal protective
equipment and for work in close proximity to energized
electrical circuits. OSHA has issued 26 serious citations,
with $53,500 in fines for the remaining items. The company
also has been issued one other-than-serious citation with a
$1,500 fine for not recording injuries and illnesses in the
OSHA 300 log or equivalent.
OSHA defines a willful violation as one
committed with plain indifference to or intentional
disregard for employee safety and health. Serious citations
are issued when death or serious physical harm is likely to
result from hazards about which the employer knew or should
have known.
Fluid Management Systems Inc. has 15
business days from receipt of its citations and proposed
penalties to comply, participate in an informal conference
with the OSHA area director or contest them before the
independent Occupational Safety and Health Review
Commission. The inspection was conducted by OSHA's Boston
North Area Office in Andover.
Millercoors in Golden, Colorado, Fined
$128,000 After Fatality and for Serious Electrical
Violations
The U.S. Department of Labor's
Occupational Safety and Health Administration (OSHA) has
cited MillerCoors LLC in Golden, Colo., with 10 alleged
safety and health violations from two investigations
involving the death of one and the injury of two workers.
OSHA launched an investigation into the
company's safety and health practices following the death of
an employee at the brewery Feb. 2. A second investigation
opened following an accident April 9 in which two employees
were injured.
Together, the investigations disclosed
one alleged willful and
nine alleged serious violations of the Occupational
Safety and Health Act's regulations governing electrical
hazards. OSHA alleges that workplace conditions contributed
to two employees being burned by an electrical arc flash
April 9. Furthermore, agency officials allege that
inadequate safety measures were in place to protect against
electrical hazards at the time of the Feb. 2 accident;
however, the Jefferson County coroner's office could not
determine if those conditions contributed to the final cause
of death.
"Our hearts go out to the family and
friends of the worker who died as well as the two injured
workers," said Greg Baxter, OSHA's regional administrator in
Denver. "At the time of both accidents, the company's
procedures for dealing with electrical hazards were
inadequate. MillerCoors needs to take the necessary steps
to eliminate electrical hazards in its workplaces.
The alleged
willful violation stems
from the company's failure to ensure the use of appropriate
electrical protective equipment when employees were working
on or near energized electrical parts. OSHA issues a
willful violation when an employer exhibits plain
indifference to or intentional disregard for employee safety
and health.
The
serious violations relate to inadequate safe work practices
and failure to ensure adequate personal protective equipment
was available and used by employees working on or near
energized equipment. OSHA issues a serious citation
when death or serious physical harm is likely to result from
a hazard about which an employer knew or should have known.
OSHA proposes
$128,500 in penalties
against the company for the alleged violations.
MillerCoors has 15 business days from
receipt of the citations to comply, request an informal
conference with OSHA's area director in Englewood, Colo., or
contest the findings before the independent Occupational
Safety and Health Review Commission.
Globe Composite Solutions Faces more than
$442,000 in Fines For Lead and Other Hazards at Rockland,
Mass., Facility
The U.S. Department of Labor's
Occupational Safety and Health Administration (OSHA) has
proposed a combined total
of $442,150 in fines against Globe Composite
Solutions Ltd. and ADP TotalSource II Inc. for alleged
violations of health and safety standards at the companies'
Rockland, Mass., composite materials research, development,
manufacturing and assembly facility.
"The inspection
identified inadequate or
absent safeguards against employees' exposure to lead and
its attendant health hazards, including failure to conduct
required monitoring, follow basic lead hygiene procedures
and ensure adequate respiratory protection," said
Brenda Gordon, OSHA's area director for Boston and
southeastern Massachusetts.
Specifically, the companies
did not conduct required
air and biological monitoring to determine and track
employees' lead exposure levels; did not prevent employee
overexposure to lead; did not implement adequate controls to
reduce lead exposure; did not keep work surfaces and floors
as clean of lead accumulation as possible; failed to equip
the ventilation system with backup HEPA filters and lead
monitoring equipment; lacked adequate respiratory protection
programs, procedures, equipment and training; allowed
respirators and protective suits to be stored in lead
contaminated areas; did not provide clean change rooms,
showers and an appropriate lunchroom for lead exposed
employees; did not prevent employees from wearing lead
contaminated clothing home and in the lunch room; and did
not provide lead hazard training.
Both companies also have been cited for
lack of personal protective
equipment; incomplete lockout/tagout program and training;
and lack of a comprehensive written chemical hazard
communication program and training. In addition,
Globe Composite Solutions was cited for
failing to provide safe
work practices training and protective equipment for
employees performing electrical work and for inadequate or
inaccurate injury and illness recording.
All told, Globe Composite Solutions
faces $209,500 in proposed fines for two willful, 41 serious
and six other-than-serious violations while ADP TotalSource
II faces $232,650 in fines for two willful, 29 serious and
one other-than-serious violations. OSHA defines a willful
violation as one committed with plain indifference to or
intentional disregard for employee safety and health.
Serious citations are issued when death or serious physical
harm is likely to result from hazards about which the
employer knew or should have known.
The companies have 15 business days
from receipt of their citations and proposed penalties to
comply, participate in an informal conference with the OSHA
area director or contest the citations and proposed
penalties before the independent Occupational Safety and
Health Review Commission. The inspection was conducted by
OSHA's Boston South Area Office in Braintree.
International Paper's Augusta,
Ga., Plant Cited and Fined $123,000 for Serious Hoist and
Guarding Violations Following Fatality
The U.S. Department of Labor's
Occupational Safety and Health Administration (OSHA) is
proposing 37 citations against International Paper's paper
mill in Augusta, Ga., following a fatality that occurred at
the plant in February when a worker was struck by a timber
loading crane.
OSHA is citing the company with
one serious violation for
running the crane with an inoperable warning device such as
a horn or whistle. The company is also receiving
a serious violation for
allowing employees to work near machinery that lacked guards
or barriers. OSHA issues a serious citation when
death or serious physical harm is likely to result from a
hazard about which the employer knew or should have known.
A comprehensive safety and health
inspection by OSHA staff revealed
26 additional serious
safety violations including fall hazards, lack of machine
guards, a missing safety latch, missing emergency lighting,
poor and missing emergency signage and electrical hazards.
Six serious health
violations were identified including dust accumulation, lack
of safety information for hazardous chemicals and equipment,
missing emergency eyewash stations, failure to perform
annual respirator fit tests and failure to use safer medical
devices.
The plant is also being given three
other-than-serious citations with no monetary penalties for
failing to evaluate powered industrial truck operators, not
securely mounting electrical equipment, and failing to
include a change schedule for cartridges used to protect
workers from multiple gasses.
"The large number of serious violations
found at this single facility signals management's failure
to take seriously their responsibility for the safety and
health of their workforce," said Gei-Thae Breezley, director
of OSHA's Atlanta-East Area Office.
OSHA has proposed a
total of $123,000 in
penalties against the company, which has 15 business
days from receipt of the citations to comply, request an
informal conference or contest the citations and proposed
penalties before the independent Occupational Safety and
Health Review Commission. The site was inspected by staff
from OSHA's Atlanta-East Area Office.
M.S. Walker Inc. Faces $147,600 in Fines
for Fire, Explosion, and Other Hazards
The U.S. Department of Labor's
Occupational Safety and Health Administration (OSHA) has
cited M.S. Walker Inc. for
26 alleged willful, serious and other-than-serious
violations of safety and health standards at its
Somerville, Mass., facility. The blender and distributor of
alcoholic beverages faces a
total of $147,600 in proposed penalties.
"The
most serious hazard found here was the lack of adequate
ventilation for the plant's rectifying room in which large
quantities of flammable ethyl alcohol were blended,"
said Paul Mangiafico, OSHA's area director for Middlesex and
Essex counties. "Inadequate ventilation can allow a buildup
of flammable vapors, resulting in a fire or explosion."
Other
fire-related hazards identified during OSHA's inspection
included alcohol blending tanks that were improperly vented,
uncovered or improperly covered; improperly tested tanks and
piping used to store or process flammable liquids; improper
control of ignition sources; using open buckets to catch
leaking ethanol; inadequate or unmarked exit routes; and an
inadequate fire-suppression system.
Also
identified during the inspection were a lack of procedures
and employee training to prevent the startup of machinery
during maintenance; respirator deficiencies, including the
lack of a written respirator program; lack of an emergency
response program and employee training for chemical spills;
untrained forklift operators and uninspected forklifts; lack
of hazard communication training; and various electrical
hazards.
As a result, OSHA has issued M.S.
Walker Inc. one willful citation, with a proposed fine of
$63,000, for the inadequate ventilation, and 24 serious
citations, with $83,700 in fines for the remaining items.
The company also has been issued one other-than-serious
citation with a $900 fine for not keeping separate OSHA
illness-and-injury logs for each company workplace.
OSHA defines a willful violation as one
committed with plain indifference to or intentional
disregard for employee safety and health. Serious citations
are issued when death or serious physical harm is likely to
result from hazards about which the employer knew or should
have known.
M.S. Walker has 15 business days from
receipt of its citations and proposed penalties to comply,
participate in an informal conference with the OSHA area
director or contest them before the independent Occupational
Safety and Health Review Commission. The inspection was
conducted by OSHA's Boston North Area Office in Andover.
Calcasieu Refining, Lake Charles, LA.,
Cited for 27 Serious Alleged Safety and Health Violations
and Fined $110,600
The U.S. Department of Labor's
Occupational Safety and Health Administration (OSHA) has
cited Calcasieu Refining Co. with alleged serious and
other-than-serious violations of federal health and safety
regulations following an inspection at the company's
facility on West Tank Farm Road in Lake Charles. Proposed
penalties total $110,600.
"OSHA's process safety management
standard contains specific requirements that are essential
to the safety and health of workers in the petroleum
refining industry," said Dorinda Folse, OSHA's area director
in Baton Rouge, La. "It is essential that employers follow
the standard in order to protect employees from injuries and
accidents."
OSHA's Baton Rouge Area Office began
its investigation Jan. 27 as part of OSHA's national
emphasis program (NEP) for petroleum refineries. The
investigation resulted in
27 serious and five other-than-serious violations. Serious
violations include failing to provide process safety
information for pressure vessels, sufficiently develop a
written mechanical integrity program, conduct regularly
scheduled inspections, designate hazardous classified
locations, conduct compliance audits and maintain an audible
alarm system.
Other-than-serious violations include failure to provide
employees with information on developing mechanical
integrity element requirements; obtain and evaluate all
contractor's safety information and programs before
performing work in the #2 crude unit, and maintain the
required records on contractor injuries and/or illnesses.
An other-than-serious violation is one that has a direct
relationship to job safety and health but probably would not
cause death or serious physical harm.
Calcasieu Refining Co., an operating
subsidiary of Houston, Texas-based Transworld Oil USA Inc.,
which specializes in refining gasoline, diesel, naphtha,
mineral spirits and jet fuel, employs about 93 workers at
the Lake Charles facility.
The company has 15 working days from
receipt of the citations and proposed penalties to comply,
request an informal conference with the OSHA's Baton Rouge
area director, or contest the citations and penalties before
the independent Occupational Safety and Health Review
Commission.
Dana Container Inc. Fined $314,000 for
Confined Space Violations
The U.S. Department of Labor's
Occupational Safety and Health Administration (OSHA) has
proposed $314,000 in fines
against Dana Container Inc. of Summit, Ill., for alleged
willful, serious and repeat violations of federal workplace
safety standards.
As a result of a safety and health
inspection, OSHA has cited the company for
three willful violations
with a proposed penalty of $210,000. The
willful citations address the company's alleged failure to
have adequate written programs and permits required for
working in confined spaces and not insuring proper working
conditions before allowing workers to enter those confined
spaces. OSHA defines a willful violation as one
committed with plain indifference to or intentional
disregard for employee safety and health.
The company also has been cited for
16 serious violations
with proposed penalties of $86,500. Some
of the citations allege the company failed to provide proper
training and procedures on uses of personal protective
equipment such as respirators; review permit space entry
operations and permit required confined space programs;
install guardrails on elevated runways; provide proper
identification and warnings on hazardous material tanks; and
provide an adequate hazard communication program. A
serious citation is issued when there is substantial
probability that death or serious physical harm could result
from a hazard about which the employer knew or should have
known.
Dana also has received one citation for
a repeat violation
with a penalty of $17,500. The
alleged repeat violation addresses failure to provide
emergency eyewash and a safety shower for employees working
with corrosive materials. OSHA issues a repeat
violation when it finds a substantially similar violation of
any standard, regulation, rule or order at any of an
employer's facilities in federal enforcement states when an
initial one previously was cited.
"Injuries and fatalities from accidents
such as asphyxiation due to overexposure of hazardous gases
are preventable," said Gary Anderson, OSHA's area director
in Calumet City, Ill. "Employers must remain dedicated to
keeping the workplace safe and healthful or face strong
enforcement actions by OSHA."
Dana Container Inc. is a tank washing
company that employs about 375 workers nationally. Its
facility has been inspected seven times by OSHA, including
two inspections after worker fatalities, and the company has
received numerous citations from these past inspections.
The company has 15 business days from
receipt of the citations to comply, request an informal
conference with OSHA's area director or contest the
citations and proposed penalties before the independent
Occupational Safety and Health Review Commission.
Multina USA Fined more than $109,000 for
Recurring Hazard Communication Violations
The U.S. Department of Labor's
Occupational Safety and Health Administration (OSHA) has
cited Multina USA Inc. of Plattsburgh, N.Y., for
seven alleged repeat and
serious violations of safety and health standards,
and for failing to correct a previously cited violation at
its Idaho Avenue manufacturing plant. The maker of
composite train seats faces a
total of $109,400 in
proposed fines.
OSHA opened a follow-up inspection at
the plant in January 2009 to verify correction of conditions
cited during a 2008 OSHA inspection. OSHA
found the recurrence of several types of hazards, including
the improper storage, transfer and handling of flammable
liquids, and the company's failure to provide workers with
chemical resistant protective gloves and hazard
communications training.
As a result, OSHA has issued the
company five repeat citations with $75,000 in proposed
fines. OSHA issues repeat citations when an employer
previously has been cited for substantially similar hazards
and those citations have become final.
OSHA also has issued Multina USA Inc.
one failure to abate notice
with a $30,000 fine for not
informing workers of their right to access their medical
records, a violation the company did not correct
after the previous OSHA inspection.
Finally, OSHA has issued the company
two serious citations,
with $4,400 in fines, for
new hazards involving lack of machine guarding on a router
and excess air pressure for a compressed air hose. OSHA
issues serious citations when death or serious physical harm
is likely to result from hazards about which the employer
knew or should have known.
"Failure to effectively address these
conditions leaves anyone working in this location exposed to
potentially fatal burns and amputation hazards," said Edward
Jerome, OSHA's area director in Albany. "One means by which
employers can prevent serious workplace hazards is through
an effective safety and health management system in which
they work with their employees to actively identify, analyze
and eliminate hazardous conditions."
Multina USA Inc. has 15 business days
from receipt of its citations and proposed penalties to
comply, meet with OSHA's area director, or contest the
citations before the independent Occupational Safety and
Health Review Commission. The inspections were conducted by
OSHA's Albany Area Office.
Concord Steam Corp. Fined more than
$104,000 Following Fire that Injured Worker
The U.S. Department of Labor's
Occupational Safety and Health Administration (OSHA) has
cited Concord Steam Corp. for
73 alleged willful, serious
and other than serious violations of safety standards
after a worker at its Pleasant Street steam generating plant
in Concord was burned in a Jan. 22 fire that occurred when
pressurized oil ignited after leaking from a boiler. Concord
Steam faces a total of
$104,200 in proposed fines.
OSHA's inspection found that the
boiler's doors were bulging and cracked and not properly
secured against the escape of embers and fire. This
situation posed a fire and explosion hazard in that escaping
embers and flames could ignite combustible materials in the
plant and did later ignite a smoldering fire in a pile of
accumulated wood dust. OSHA also identified a variety of
chemical, electrical, mechanical, asbestos and other
fire-related hazards in the plant.
"The conditions found in this plant
expose its employees to the risks of fire, explosion,
lacerations, crushing injuries, falls, hazardous chemicals,
electrocution, suffocation, lung disease and being unable to
promptly exit the plant in a fire or other emergency," said
Rosemarie Ohar, OSHA's area director in Concord. "They must
be fully and effectively corrected for the safety and health
of the workers."
Cited
conditions include obstructed or unmarked exit access; lack
of an alarm system or emergency action plan; inadequately
trained and equipped fire brigade; uninspected fire
extinguishers; fall hazards; lack of personal protective
equipment; deficiencies in the plant's confined space,
respirator and lockout/tagout of accidental energization
start-up programs; untrained fork truck operators;
inadequate chemical hazard communication; numerous instances
of unguarded machinery and various electrical hazards;
accumulations of asbestos containing or potentially asbestos
containing waste and debris; and failure to survey the work
area for asbestos, inform employees of its presence, provide
asbestos awareness training and properly clean up asbestos.
OSHA has issued Concord Steam
one willful citation,
with a $22,000 fine for the
asbestos accumulation and
65 serious citations
with $79,800 in fines, for
the remaining items. The company also has been
issued seven other than
serious citations, with $2,400 in fines,
chiefly for inadequate or
incomplete injury and illness recording. OSHA
defines a willful violation as one committed with plain
indifference to or intentional disregard for employee safety
and health. OSHA issues serious citations when death or
serious physical harm is likely to result from hazards about
which the employer knew or should have known.
Concord Steam has 15 business days from
receipt of its citations and proposed penalties to comply,
participate in an informal conference with the OSHA area
director or contest them before the independent Occupational
Safety and Health Review Commission. The inspection was
conducted by OSHA's Concord Area Office.
Crucible Specialty Metals in Syracuse,
N.Y., Cited for 71 Alleged Violations Following Crushing
Death of Worker
The U.S. Department of Labor's
Occupational Safety and Health Administration (OSHA) has
cited Crucible Specialty Metals for 71 alleged serious and
repeat violations of safety and health standards following
the Jan. 15 death of a worker at the company's Syracuse
manufacturing plant.
The employee died when he slipped while
attaching a water line to a roller mill and became caught in
the machine's rotating shafts. OSHA's inspection found that
the machine's moving parts were not guarded against contact.
The inspection also identified a wide range of additional
safety and health hazards throughout the plant.
"This accident shows how even one
instance of an unguarded machine can cost a worker's life,"
said Christopher Adams, OSHA's area director in Syracuse.
"Safeguarding workers against death, injury or illness on
the job requires that all applicable safety and health
requirements be met at all times."
OSHA issued the company
68 serious citations for
various fall, electrical, fire, exit access, crane, personal
protective equipment, confined space and materials storage
hazards as well as numerous other instances of unguarded
machinery at the plant. The agency has proposed
$179,000 in fines
for those items. OSHA issues serious citations when death
or physical harm is likely to result from hazards about
which the employer knew or should have known.
In addition, Crucible has been issued
three repeat citations,
with $70,200 in proposed fines, for hazards similar to those
cited during prior OSHA inspections: an unguarded open-sided
floor and platform, unguarded machinery and unlabeled
containers of hazardous chemicals. OSHA issues
repeat citations when an employer previously has been cited
for substantially similar hazards and those citations have
become final.
"Left uncorrected, these conditions
expose employees to potential burns, explosions, crushing
injuries, electrocution and falls, and must be addressed
promptly, effectively and completely," said Adams. "One
means of maintaining safe and healthful working conditions
is to establish and implement an effective safety and health
management system through which employees and management
actively and continually evaluate, identify and eliminate
work hazards."
Crucible Specialty Metals, which faces
a combined total of
$249,200 in fines, has 15 business days from receipt
of its citations and proposed penalties to comply, meet with
the OSHA area director or contest the citations and
penalties before the independent Occupational Safety and
Health Review Commission. This inspection was conducted by
OSHA's Syracuse Area Office.
SKAPS Industries Faces more than $145,000 in
Penalties for Willful Noise Violations and 24 Other Serious
Violations
The U.S. Department of Labor's
Occupational Safety and Health Administration (OSHA) is
proposing $145,800 in
penalties against SKAPS Industries for 32 safety and
health violations that exposed workers to possible injury or
death at their three locations in Athens, Commerce and
Pendergrass, Ga.
The Athens and Pendergrass plants are
each being cited for one
willful violation with a proposed penalty of $44,000
for audiograms not being
conducted annually for exposing workers to harmful noise.
The agency defines a willful violation as one committed
with plain indifference to or intentional disregard for
employee safety and health.
The three locations are being cited
with a total of 24 serious
violations and $51,800 in proposed penalties
for not developing or
implementing a written hazards communication program, having
unmarked emergency exits, not instructing the affected
operators with lockout and tag-out requirements and a lack
of protection from arc welding rays and electrical hazards.
A serious citation is issued when there is substantial
probability that death or serious physical harm could result
from a hazard about which the employer knew or should have
known.
Additionally, the Pendergrass plant is
receiving four
other-than-serious violations carrying a $3,000 fine
for not correctly filling
out OSHA 300 logs for calendar year 2007-2009 and not
maintaining separate 300 logs for 2007-2009. The
Commerce facility has been given
one other-than-serious
violation with a proposed penalty of $3,000
for not correctly filling
out OSHA 300 logs for calendar year 2006-2008. The
Athens and Pendergrass locations are each receiving
one other-than-serious
violation for not posting hearing conservation standards in
the workplace, with no penalty assessed, but the
company is required to make the necessary changes to bring
it into compliance with all OSHA standards.
"This company should not wait until a
serious injury or death occurs to any of its more than 225
employees before making needed changes in its safety
procedures," said Gei-Thae Breezley, director of OSHA's
Atlanta-East Area Office. "When a company persists in
ignoring its responsibilities, OSHA will step in to protect
workers' safety."
The company has 15 business days from
receipt of the citations to comply, request an informal
conference with the OSHA area director or contest the
citations and proposed penalties before the independent
Occupational Safety and Health Review Commission. The site
was inspected by staff from OSHA's Atlanta-East Area Office.
EPA Budget for FY2010 Includes
$600 Million for Enforcement and Compliance
EPA’s FY 2010 budget proposes the largest enforcement and
compliance budget in history -- $600 million, an increase of
$32 million from last year. The $600 million enforcement
budget reflects the President’s strong commitment to
enforcing of our Nation’s environmental laws and ensures
that EPA has the resources necessary to maintain a robust
and effective criminal and civil enforcement program.
Specifically, the request includes an increase of nearly 30
additional positions primarily for civil and criminal
enforcement. In addition, we will enhance efforts to
integrate environmental justice considerations in EPA’s
programs and policies as well as fulfill environmental
requirements with respect to other federal agencies’
projects funded by the American Recovery and Reinvestment
Act. Experience has shown that investing in our enforcement
program yields tangible pollution reductions and fundamental
behavioral change in the regulated community. The FY 2010
Budget will advance EPA’s mission, and do so with
unparalleled transparency. The success of our efforts
depends on earning and maintaining the trust of the public
we serve by upholding values of transparency and openness in
conducting EPA operations. Click here to see the proposed
budget -
http://www.epa.gov/budget/2010/2010bib.pdf.
EPA Extends the
SPCC Compliance Date for All Facilities
The U.S. Environmental Protection
Agency (EPA) has extended the compliance date for all
facilities and established a new compliance date for farms
subject to the oil Spill Prevention Control and
Countermeasures (SPCC) regulations. This final rule is part
of EPA’s multi-phased strategy to address concerns with the
SPCC regulation. Specifically, this SPCC rule amendment
extends the dates by which the owner or operator of an SPCC
regulated facility or farm must prepare or amend and
implement an SPCC plan to November 10, 2010.
These amendments do not remove any
regulatory requirement for owners or operators of facilities
in operation before August 16, 2002, to maintain and
implement SPCC plans in accordance with the SPCC regulations
then in effect. Such facilities are required to maintain
their plans until the applicable date for revising and
implementing their plans under the new amendments.
For more information, go to: http://www.epa.gov/oem/content/spcc/index.htm
OSHA Published Local Emphasis
Programs for All Regions
The following is a list of Local (Area
Office) and Regional Emphasis Programs, separated by Region
and noting the office where appropriate. This list is
current as of March 9, 2009, but may change without notice.
Region I
·
Fabricated Metal Products - Augusta, Bangor
·
Fall Hazards in Construction and General
Industry - Region-wide
·
Mast Climbing Work Platforms - Braintree,
Methuen
·
Mobile Crane Operations in Construction -
Providence
·
Powered Industrial Trucks - Region-wide
·
Primary Metals - Region-wide
·
Residential Construction - Hartford,
Bridgeport, Braintree, Concord, Methuen, Springfield
·
Silica in Construction - Region-wide
·
Stone Slabs - Concord, Methuen, Springfield
·
Underground Construction and Tunneling
Operations - Braintree
Region II
·
Amputations - Region-wide
·
Bridge Construction and Maintenance and Silica
Exposure Associated with Roadwork - Region-wide
·
Construction Worksites - Local Targeting -
Region-wide
·
Exposure to Isocyanates in Spray-on Bed Liners
- Region-wide
·
Fall Hazards in Construction - Region-wide
·
Federal Agencies - Region-wide
·
Gut Rehabilitation and Demolition -
Region-wide
·
Health High Hazard (Top 50) - Region-wide
·
Hotels - Puerto Rico
·
Landscaping - Region-wide
·
Lead - Region-wide
·
Logging - Syracuse
·
Marinas: Marinas, Ship and Boat Building and
Repair - Puerto Rico
·
Metal Recycling Industry - Syracuse
·
Natural Gas Drilling Operations - Syracuse
·
Silica - Region-wide
·
Site Specific Targeting for Small Employers
·
Virgin Islands General Industry - Puerto Rico
·
Warehouse and Refuse Handlers and Haulers -
Region-wide
Region III
·
Ambulance Services - Wilkes-Barre
·
Bloodborne Pathogens - Philadelphia,
Allentown, Erie, Charleston, Pittsburgh
·
Cut Stone - Wilkes-Barre
·
Concrete Block and Brick Products - Pittsburgh
·
Concrete Products - Philadelphia
·
Fall Hazards in Construction - Region-wide
·
Follow Up Inspections - Region-wide
·
Hexavalent Chromium - Region-wide
·
Logging - Charleston
·
Never Before Inspected High Hazard
Manufacturing - Harrisburg, Wilmington
·
Noise Exposure - Pittsburgh, Erie, Allentown
·
Oil and Gas - Charleston, Erie, Pittsburgh,
Harrisburg, Wilkes-Barre
·
Residential Construction - Philadelphia,
Allentown, Pittsburgh, Erie, Charleston, Wilmington
·
Scrap Metal - Erie
·
Ship/Boat Building and Repair - Norfolk,
Baltimore
·
Water Transportation Services - Norfolk
Region IV
·
Falls in Construction (FALL) - Region-wide
·
Landscaping and Horticultural Services -
Region-wide
·
Lead - Region-wide
·
Noise and other Health Hazards in SICs
including 3281, 2421, 3089, 2448 and 3441 - Atlanta-East
·
Overhead Power Lines - Region-wide
·
Powered Industrial Trucks - Fort Lauderdale
·
Sanitation and Cleanup Operations in Meat
Packing, Poultry and Fish - Region-wide
·
Ship/Boat Building and Repair - Columbia,
Frankfort, Nashville, Raleigh
Region V
·
Amputation Targeting in General Industry -
Region-wide
·
Building Renovation/Rehabilitation (GUTREP) -
Calumet City, Columbus, Milwaukee
·
Fall Hazards in Construction (FALL) -
Region-wide
·
High Rise Building Construction for
Inspections in Downtown Chicago - Calumet City
·
Lead in General Industry - Illinois Area
Offices
·
Powered Industrial Vehicles - Region-wide
·
Primary Metals - Ohio Area Offices and
Wisconsin Area Offices
Region VI
·
Amputations - region-wide
·
Combustible Dust - Austin, Baton Rouge, Corpus
Christi, Little Rock, Lubbock, Oklahoma City
·
Construction - Region-wide
·
Construction Work Zone (WORKZONE) - Dallas,
Lubbock, Oklahoma City
·
Cranes used in Construction - Baton Rouge,
Corpus Christi, Dallas, Fort Worth, Houston-North, Lubbock
·
Demolition - Houston-North, Oklahoma City
·
Lead - Austin, Corpus Christi, Lubbock and
Oklahoma City
·
Logging - Baton Rouge, Little Rock
·
Maritime - Corpus Christi, Houston-South
·
MDI in the Spray-On Bed Liner Industry -
Lubbock
·
Oil and Gas (OILGAS) - Region-wide
·
Portland Cement - Austin, Corpus Christi,
Dallas, Fort Worth, Houston-North, Houston-South, Lubbock
·
Power Line Safety (PWRLINE) - Fort Worth,
Oklahoma City
·
Silica - Region-wide
·
Sheet Metal Fabrication - Austin, Corpus
Christi, Dallas, Fort Worth, Houston-South, Lubbock,
Oklahoma City
·
Shipbreaking - Corpus Christi
Region VII
·
Amputations - Region-wide
·
Auto Body Shops - St. Louis
·
Commercial and Residential Construction -
Wichita
·
Concrete - Kansas City, St. Louis
·
Demolition Work - St. Louis
·
Electrical Hazards in General Industry
Establishments - St. Louis
·
Falls, Scaffolds, and Electrocutions from
Overhead Power Lines PSI (XFALLELE) - Region-wide
·
Fire Safety - Kansas City
·
Grain Handling - Kansas City, St. Louis, Omaha
·
Hexavalent Chromium in General Industry and
Construction - Wichita, St. Louis
·
High Hazard Workplaces Without an OSHA
Inspection - Omaha, Wichita
·
Logging and Sawmills - St. Louis
·
Maritime Employers - Des Moines
·
Mechanical Hazards in the Cotton Gin Industry
- St. Louis
·
Oil and Gas - Wichita
·
Powered Industrial Trucks in Construction and
Gen. Industry (FORKLIFT) - Kansas City, Omaha, St. Louis,
Wichita
·
Residential Construction/St. Charles County -
St. Louis
·
Residential Construction/Jefferson County -
St. Louis
Region VIII
·
Amputations - Region-wide
·
Automobile Lifts - Bismarck
·
Cast Polymer Industry - Englewood
·
Fall Hazards in Construction - Region-wide
·
Lead - Region-wide
·
Lead at Indoor Firing Ranges - Region-wide
·
Lumber and Wood Products - Bismarck
·
Oil and Gas Well Industry - Region-wide
·
Powered Industrial Trucks - Billings
·
Silica - Bismarck
·
Silica in Construction - Billings, Englewood
·
Silica in the General Industry and
Construction - Denver
·
Work Zone Safety - Bismarck, Denver, Englewood
Region IX
·
Amputations - Region-wide
·
Forklifts/Warehousing (FORKLIFT) - Region-wide
·
Garment Industry - Commonwealth of the
Northern Marianna Islands
·
Labor Barracks - Guam, Commonwealth of the
Northern Marianna Islands
·
Programmed Construction Inspections (PROGCON)
- Region-wide
·
Shipbuilding, Breaking, and Boat Repair (BOATPROG)
- Region-wide
·
Smelters (SMELTER) - Arizona
Region X
·
Casinos and/or Casino Hotels at Native
American Reservations or American Trust Lands
·
Construction Fall Hazards (FALL) - Idaho
·
Construction Inspections Under Federal
Jurisdiction in State Plan State (FEDCONST) - Alaska,
Oregon, Washington
·
Employers with Nationally Targeted Hazards at
Military Bases, National Parks, and National Cemeteries (PUBWARES)
(LANDSCPE) - Washington and Alaska
·
Facility Support Management Service
Contractors at Military Bases and National Parks (FACSUP) -
Alaska
·
Floating Seafood Processors (FISH)- Alaska
·
Inspections in Federal Agencies Using Workers'
Compensation Data (FEDSAFE) - Washington, Oregon, Alaska,
Idaho
·
Lead - Alaska, Idaho, Washington, Oregon
·
Logging Operations in Idaho (LOGGING)- Idaho
·
Logging Operations under Federal Jurisdiction
in Oregon and Washington (LOGGING) - Oregon and Washington
·
Native Health Care Facilities (AKNHC) - Alaska
·
Offshore Oil and Gas Drilling Platforms
(PLATFORM) - Alaska
·
Residential Construction - Idaho
·
Shipbuilding and Ship Repair (SHIP) - Alaska,
Oregon and Washington
·
Silica Exposure and Slab Handling in Cut Stone
and Stone Product Manufacturing (STONE) - Idaho
·
Silviculture Contractors (REFOREST) - Idaho
EPA Revises TRI Form A Eligibility
EPA Administrator Lisa P. Jackson signed a final rule to
reinstate stricter reporting requirements for industrial and
federal facilities that release toxic substances that
threaten human health and the environment.
The final rule reinstates Toxics Release Inventory (TRI)
reporting requirements that were replaced by the TRI Burden
Reduction Rule in December 2006. The 2009 Omnibus
Appropriations Act, signed by President Obama on March 11,
2009, mandated that prior TRI reporting requirements be
reestablished.
These changes will apply to all TRI reports due July 1,
2009.
TRI is a publicly available EPA database that contains
information on toxic chemical releases and waste management
activities reported annually by certain industries as well
as federal facilities.
The December 2006 TRI Burden Reduction Final Rule expanded
Form A eligibility for non-Persistent, Bioaccumulative,
Toxic (non-PBT) chemicals to 5,000 pounds and allowed use of
Form A for the first time for PBT chemicals under limited
circumstances. This rule was met with concern over the
availability of required data under the Emergency Planning
and Community Right-to-Know Act (EPCRA) and resulted in a
lawsuit by 13 states to restore the TRI Form A thresholds
and usage to what they were prior to the 2006 rule.
Following the rule signature, all reports on PBT chemicals
must be submitted on the more detailed Form R. For all other
chemicals, the shorter Form A may only be used if the annual
reporting amount is 500 pounds or less and less than 1
million pounds of the chemical was manufactured, processed
or otherwise used during the reporting year.
TRI-ME software and other reporting assistance materials are
being revised and will be available soon. TRI reports for
2008 are due on July 1, 2009.
For the
full text of the revisions, go to:
http://www.epa.gov/fedrgstr/EPA-TRI/2009/April/Day-27/tri9530.htm
EPA Proposes First National Reporting on Greenhouse Gas
Emissions
The U.S. Environmental Protection Agency proposed the first
comprehensive national system for reporting emissions of
carbon dioxide and other greenhouse gases produced by major
sources in the United States. In developing the reporting
requirements, EPA considered the substantial amount of work
already completed and underway in many states, regions and
voluntary programs.
Greenhouse gases, like carbon dioxide, are produced by the
burning of fossil fuels and through industrial and
biological processes. Approximately 13,000 facilities,
accounting for about 85 percent to 90 percent of greenhouse
gases emitted in the United States, would be covered under
the proposal.
The new reporting requirements would apply to suppliers of
fossil fuel and industrial chemicals, manufacturers of motor
vehicles and engines, as well as large direct emitters of
greenhouse gases with emissions equal to or greater than a
threshold of 25,000 metric tons per year. This threshold is
roughly equivalent to the annual greenhouse gas emissions
from just over 4,500 passenger vehicles. The vast majority
of small businesses would not be required to report their
emissions because their emissions fall well below the
threshold.
The direct emission sources covered under the reporting
requirement would include energy intensive sectors such as
cement production, iron and steel production, and
electricity generation, among others.
The first annual report would be submitted to EPA in 2011
for the calendar year 2010, except for vehicle and engine
manufacturers, which would begin reporting for model year
2011.
EPA estimates that the expected cost to comply with the
reporting requirements to the private sector would be $160
million for the first year. In subsequent years, the
annualized costs for the private sector would be $127
million.
EPA is developing this rule under the authority of the Clean
Air Act. The proposed rule will be open for public comment
for 60 days after publication in the Federal Register. Two
public hearings will be held during the comment period.
For more information on the proposed rule, go to:
http://www.epa.gov/climatechange/emissions/ghgrulemaking.html
U.S. Supreme Court Rules Environmental Groups Must Show
Actual or Imminent Harm
In
a 5-4 decision in Priscilla Summers v. Earth Island
Institute (2009 U.S. LEXIS 1769; 21 Fla. L. Weekly Fed. S
670), the Court ruled that the environmental group did
not have standing to challenge U.S. Forest Service
regulations.
The U.S. Forest Service (USFS) initially approved a salvage
sale of timber on a 238 acre parcel of fire-damaged land and
sought to exempt the decision from the notice, comment, and
appeal process under its regulations exempting such small
sales. Environmental groups, including Earth Island
Institute, filed suit to enjoin USFS from applying its
regulations that would exempt the decision from the notice,
comment, and appeal process and challenge other
regulations.
The District Court granted a preliminary injunction against
the sale, and the parties then settled their dispute with
respect to the sale. However, the environmental groups
proceeded to challenge the regulations.
The U.S. Supreme Court ruled that for an environmental group
to have standing to challenge agency regulations, it must be
able to demonstrate actual or imminent harm to interests of
its members. Since the dispute as to the sale of the
fire-damaged timber had been settled, the Court ruled that
they no longer had standing. The Court said that
deprivation of a procedural right without some concrete
interest being affected was not sufficient.
U.S. Court of Appeals Decision Supports OSHA's
Multi-Employer Worksite Policy
In Department of Labor v. Summit Contractors (2009 U.S.
App. LEXIS 3755), the U.S. Court of Appeals for the Eighth Circuit overturned
an Occupational Safety and Health Review Commission (OSHRC)
decision vacating OSHA's multi-employer worksite policy.
The Court deferred to the Secretary of Labor’s
interpretation and ruled that OSHA’s regulations did not
conflict with its multi-employer worksite policy.
OSHA’s multi-employer worksite policy states that on
multi-employer worksites (in all industry sectors), more
than one employer may be citable for a hazardous condition
that violates an OSHA standard. If the employer caused a
hazardous condition that violates an OSHA standard, the
employer’s employees are exposed to a hazard, the employer
is responsible to correct a hazard that another employer’s
employees are exposed to, or an employer has general
supervisory authority over the worksite, they may be cited
for a resulting OSHA violation under the policy.
OSHA conducted an inspection at a construction site and
cited both the general contractor and a subcontractor whose
workers were observed working on scaffolding without
required fall protection or railings. The general
contractor only had a few supervisory personnel on the
worksite and had previously observed the workers without the
required fall protection and railings and advised the
subcontractor to correct the problem.
The general contractor contested the citation on the basis
that 29 CFR 1910.12(a) places a duty on employers to protect
only its own employees, not those of subcontractors. An
Administrative Law Judge rejected this argument and upheld
the citation.
The OSHRC granted review and ruled that 29 CFR 1910.12(a)
requires employers to protect their own employees and
vacated the citation.
The Court of Appeals reviewed the history of OSHA’s
multi-employer worksite policy since its inception in 1971
as well as the language of the regulations.
29 CFR 1910.12(a) states “(a) Standards. The
standards prescribed in part 1926 of this chapter are
adopted as occupational safety and health standards under
section 6 of the Act and shall apply, according to the
provisions thereof, to every employment and place of
employment of every employee engaged in construction work.
Each employer shall protect the employment and places of
employment of each of his employees engaged in construction
work by complying with the appropriate standards prescribed
in this paragraph.”
The Court ruled that the phrase “places of employment”
places a duty on employers to protect the places of
employment where their employees are present. Therefore,
the Court decided that the OSHA multi-employer worksite
policy was not in conflict with the regulations and upheld
the citation against the general contractor.
New Technology Offers Faster Leak Detection at Industrial
Facilities
The Environmental Protection
Agency (EPA) issued a final amendment to the volatile
liquids piping system leak
detection and repair requirements allowing the use of
optical gas imaging technology to locate emission leaks. The
leaks are displayed on a video screen similar to the way
night vision goggles are used to show the heat signature of
objects. This amendment provides requirements for using the
new technology; however, facilities may continue to use
existing approved work practices to detect leaks.
This amendment modifies about 40 national rules requiring
facilities to find and repair leaks from equipment,
including pumps, valves, and connectors, from refineries,
chemical production plants, and bulk liquid storage
facilities. This amendment, which was proposed in 2006, will
be effective upon publication in the Federal Register.
View the rule at:
http://www.epa.gov/ttn/oarpg/t3pfpr.html
More information on the
rule is at:
http://www.epa.gov/ttncaaa1/t3/fact_sheets/ldar_fin_fs_121508.pdf
Expansion of RCRA Comparable Fuels Exclusion
On December
12, 2008, EPA announced a final rule expanding the existing
exclusion under Subtitle C of RCRA for comparable fuels and
synthesis gas. The existing rule excluded comparable fuels
- energy-rich secondary materials which would otherwise be
hazardous wastes, but which have the same hazardous
constituent concentrations as fossil fuels that would be
burned in their place – from being classified as a solid
waste. EPA originally proposed expansion of the comparable
fuels exclusion in June 2007 in response to concerns
expressed by stakeholders that many hazardous secondary
materials with fuel value and substantially the same
composition as fossil fuels did not satisfy the criteria of
the existing comparable fuels exclusion. The new rule
establishes a new category of excluded fuel - “emission
comparable fuel” (ECF) with its own set of conditions, some
of which overlap with the comparable fuels exclusion.
ECF
consists of secondary materials that meet all of the
hazardous constituent specifications for comparable fuel
with the exception of those for oxygenates and hydrocarbons
(constituents which increase the energy value of a fuel).
EPA expects most ECF to be used on the site where it is
generated, and that it would be used and stored under
largely the same conditions as the fuel oil that would often
be displaced by burning ECF. The rule specifies that ECF
must meet specifications for hazardous constituents, heating
value, and viscosity, and that the fuel may not be treated
or blended to meet these specifications. The rule also
specifies conditions for burning ECF in order to ensure that
the emissions from boilers burning ECF are comparable to
emissions from industrial boilers burning fuel oil, and
requirements for tanks and containers storing ECF.
This
complex 243-page rule specifies that ECF must meet
specifications for 160 different hazardous constituents, as
well as specifications for heating value, and viscosity.
The rule clarifies that the fuel may not be treated or
blended to meet these specifications. The rule also
specifies conditions for burning ECF in order to ensure that
the emissions from boilers burning ECF are comparable to
emissions from industrial boilers burning fuel oil, and
contains detailed specifications for tanks and containers
storing the ECF.
The final rule can be found at:
(http://www.epa.gov/epawaste/hazard/tsd/td/combust/compfuels/exclusion.htm)
Amendments to Spill
Prevention Control and Countermeasure Requirements
On December
5, 2008 the U.S. EPA published amendments to the existing
spill prevention control and countermeasure (SPCC)
requirements. The purpose of the amendments is to provide
increased clarity, to tailor requirements to particular
industry sectors, and to streamline certain requirements for
those facilities subject to the rule. Some changes
potentially applicable to your operations include:
-
Amendment
of the definition of “facility” to clarify that contiguous
or non-contiguous buildings, structures, or storage areas
may be either aggregated into a single facility or
separated into separate facilities in determining the
applicability of SPCC requirements. Under the amended
definition, an owner/operator may separate or aggregate
containers or storage areas in determining facility
boundaries based upon factors such as ownership or
operation of the buildings, structures, or containers, the
activities being conducted, property boundaries, or other
relevant considerations. The rule clarifies that although
the amended definition does provide increased flexibility
in defining a facility, “an owner or operator may not make
facility determinations indiscriminately and in such a
manner as to simply avoid applicability of the rule.”
-
Amendment
of the facility diagram requirement to provide additional
flexibility in identifying multiple fixed storage
containers, complex piping systems, and portable
containers. While the existing rule specifies that the
facility diagram must identify the location and contents
of all oil storage containers with volumes of at least 55
gallons, the revised rule allows some information, such as
location of individual containers in crowded areas or
complex piping systems, to be included in a table or key
accompanying the diagram. The revised rule also clarifies
that a storage area for drums or portable containers can
be identified on the diagram, with the potential range in
the number of containers and anticipated contents
identified elsewhere in the Plan.
-
Specific definition of
“loading/unloading rack” to clarify the equipment subject
to requirements for loading/unloading racks, and amendment
of the applicable requirements. The rule clarifies that a
loading/unloading rack is a fixed structure for loading or
unloading a tank truck or tank car and consists of a
loading or unloading arm and ancillary equipment such as
pipes, valves, pumps, and shut-off devices or personnel
safety devices. In addition, the revised rule clarifies
that several requirements applicable to “loading /
unloading areas in the current rule now apply only to
loading/unloading racks.
-
Clarification of the general
secondary containment requirement applicable to all areas
with the potential for discharge by 1) adding text
regarding the method, design, and capacity of secondary
containment; 2) specifically allowing both active and
passive means of containment; and 3) adding additional
examples of prevention systems.
-
Exemption of
non-transportation-related tank trucks from sized
secondary containment requirements, requiring compliance
with only the general secondary containment requirements
discussed above.
-
Amendment of security
requirements to allow an owner/operator to design the
security arrangements to address the specific
circumstances at a facility, rather than requiring
compliance with the prescriptive fencing and other
requirements formerly specified in 40 CFR 112.7(g)(1)
through (5).
-
Amendment of integrity testing
requirements to allow greater flexibility in the use of
industry standards.
-
Amendment of integrity testing
requirements for containers that store animal fats or
vegetable oils to allow owners/operators of “qualified
facilities” operating under a self-certified SPCC plan to
use a visual inspection program for integrity testing of
containers meeting certain criteria.
-
Amendment of the existing
requirements for “qualified facilities” currently able to
operate under a self-certified SPCC Plan to add a
sub-category referred to as “Tier 1 Qualified
Facilities.” Under the new rule Tier 1 Qualified
facilities (facilities with no single aboveground oil
container with a capacity greater than 5000 gallons, in
addition to meeting all of the existing criteria for a
qualified facility) can implement a streamlined
self-certified “template” SPCC Plan. The template SPCC
Plan is promulgated as Appendix G to 40 CFR 112 and
consists of brief tables and checklists to be completed by
the facility describing its means of complying with
applicable SPCC requirements. In addition, the revised
rule streamlines requirements applicable to Tier 1
Qualified Facilities by eliminating or modifying
requirements, such provisions that generally do not apply
to facilities handling smaller volumes of oil. A complete
list of the SPCC requirements applicable to Tier 1
facilities is promulgated at 40 CFR 112.6(a)(3).
Although not yet
available, EPA plans to make the SPCC Template for Tier 1
Qualified Facilities available on its website at
http://www.epa.gov/emergencies.
In addition to the amendments
summarized above, the preamble to the final rule clarifies
many issues raised by the regulated community.
The complete
text of the final rule can be accessed at:
http://frwebgate1.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=615732472756+15+2+0&WAISaction=retrieve.
EPA Revisions to
the Definition of Solid Waste
The
Environmental Protection Agency (EPA) published a final rule
that revises the definition of solid waste to exclude
certain hazardous secondary materials from regulation under
Subtitle C of the Resource Conservation and Recovery Act (RCRA).
The purpose of this final rule is to encourage safe,
environmentally sound recycling and resource conservation
and to respond to several court decisions concerning the
definition of solid waste. The final rule is effective
on December 29, 2008.
To view the
final rule in its entirety, go to the following 3 sections
of the Federal Register:
http://www.epa.gov/fedrgstr/EPA-WASTE/2008/October/Day-30/f24399a.htm
http://www.epa.gov/fedrgstr/EPA-WASTE/2008/October/Day-30/f24399b.htm
http://www.epa.gov/fedrgstr/EPA-WASTE/2008/October/Day-30/f24399c.htm
EPA Finalized Revisions to the
EPCRA Rules
EPA has finalized reporting requirements under the Emergency
Planning and Community Right-to-Know Act (EPCRA). These
changes were proposed on June 8, 1998 and include
clarification on how to report hazardous chemicals in
mixtures, and changes to Tier I and Tier II forms.
Facilities subject to these regulations, as well as state
emergency response commissions, local emergency planning
committees, and fire departments should become familiar with
the new regulations. The final rule does not address
EPA's proposed exclusion from particular notification
requirements under the Comprehensive Environmental Response,
Compensation, and Liability Act and EPCRA for releases of
hazardous substances to the air where the source of the
release is animal waste at farms. That proposal will be
addressed in a separate rulemaking package.
Information on the final rule:
http://www.epa.gov/oem/content/epcra/index.htm
EPA Released New More Stringent Lead
NAAQS
EPA
significantly reduced the National Ambient Air Quality
Standard (NAAQS) for lead with the signing of the final rule
Oct. 15. The Agency reduced the standard from the 1.5
micrograms of lead per cubic meter of air, which was set in
1978, to 0.15 micrograms per cubic meter.
EPA revised the standard to provide increased protection
against an array of adverse health effects, particularly
effects on children's developing nervous systems.
In September 2005, the U.S. District Court in St. Louis
ordered the lead NAAQS review and set the schedule for the
review in response to a lawsuit by the Missouri Coalition
for the Environment. Consistent with the terms of the
court's order, the EPA Administrator signed the notice of
final rulemaking October 15, 2008, for publication in the
Federal Register.
The ruling is of particular significance to Region 7 because
one of only two nonattainment areas in the U.S. for the lead
air standard is in Herculaneum, Mo., which is also the home
of the only operating primary lead smelter in the country
and a designated Superfund site.
The new rule will modify the existing design requirements
for ambient air lead monitoring networks. The new
requirement requires states to establish ambient air
monitors near sources releasing more than one ton of lead
per year, such as smelters, iron and steel foundries, and
battery manufacturers. It also establishes monitoring in
population centers of more than 500,000, including Des
Moines/West Des Moines, Iowa; Omaha/Council Bluffs; Wichita,
Kan.; St. Louis Metro Area and Kansas City Metro Area in
Region 7.
Missouri, the only state in Region 7 presently with an
existing monitoring network, will likely be required to
expand its monitoring network. The new monitoring standards
also establish monitoring requirements for Kansas, Iowa and
Nebraska, which do not currently operate lead monitoring
networks.
These monitoring requirements are designed to achieve better
understanding of lead in air concentrations near emission
sources and to provide better information on population
exposure to lead in large urban areas.
Areas will be designated as attainment, nonattainment or
unclassifiable within two to three years of this final
rulemaking. Any areas designated nonattainment must then
attain the standard within five years of the designation.
EPA
Published New Control Techniques Guidelines to Control VOCs
EPA has determined that control techniques
guidelines will be substantially as effective as national
regulations in reducing emissions of volatile organic
compounds in ozone national ambient air quality standard
nonattainment areas from the following five Group IV product
categories: miscellaneous metal products coatings, plastic
parts coatings, auto and light-duty truck assembly coatings,
fiberglass boat manufacturing materials, and miscellaneous
industrial adhesives. Based on this determination, EPA is
issuing control techniques guidelines in lieu of national
regulations for these product categories. These control
techniques guidelines will provide guidance to the States
concerning EPA's recommendations for reasonably available
control technology-level controls for these product
categories.
To see the Federal Register notice in its entirety:
http://www.epa.gov/fedrgstr/EPA-AIR/2008/October/Day-07/a23750.htm
New OSHA Policy
Manuals in 2008
So far
in 2008, OSHA has introduced several Policy Manuals,
Enforcement Guides, and Inspection Manuals including those
related to:
EPA
Maintains that CO2 is not a Regulated Pollutant
In a
brief submitted to the Environmental Appeals Board for the
case In re: Deseret Power Electric Cooperative, EPA
Region VIII stated that CO2 is not a regulated
pollutant under the Clean Air Act and therefore it does not
need to determine what level of CO2 emissions
would make a facility a major source resulting in permit
limits on CO2 emissions.
The
Sierra Club challenged a Prevention of Significant
Deterioration (PSD) permit issued to Deseret Power in 2007
because it did not contain limits on CO2
emissions. They argued that the Supreme Court decision in
2007 stating that CO2 is a pollutant under the
Clean Air Act requires EPA to limit CO2 emissions
in the permit.
EPA
contends that CO2 is not a regulated pollutant
under the Clean Air Act and therefore is not a factor in
determining whether a facility is or is not a major
stationary source and does not require permitted CO2
emissions limits.
EPA Region VIII Brief
Massachusetts Electroplating
Company Fined for Hazardous Waste Violations
(Boston) A North Andover electroplating company has paid a
$31,328
penalty and is performing
three Supplemental Environmental Projects (SEPs) in a
settlement resolving hazardous waste storage violations
under the federal Resource Conservation and Recovery Act, or
RCRA.
Subsequent to a 2006 inspection, EPA alleged that Central
Metal Finishing (CMF) was violating several RCRA
regulations, including its
failure to inspect its hazardous waste storage areas and
train employees with hazardous waste management
responsibilities. EPA also alleged several
insufficiencies with
respect to CMF’s storage and labeling of containers of
hazardous waste.
CMF’s metal plating operations generate hazardous wastes
such as contaminated sludge and cyanide and chromium-bearing
wastes from the facility’s plating baths.
The agreed-upon SEPs entail the replacement of the
Facility’s copper cyanide plating process line with a
non-cyanide (alkaline) plating process. CMF also will also
replace its nitric acid process with a non-nitric acid
process used in the Facility’s aluminum plating preparation
process line. Finally, CMF will replace its silver cyanide
process line with a non-silver (alkaline) plating process.
CMF estimates that the SEPs will result in the reduction of
32,680 gallons of hazardous wastewater and will also reduce
CMF’s solid cyanide hazardous wastes by 22%. In addition,
the SEPs reduce the risk of a release of hazardous wastes to
the environment and will also reduce the risk to workers
managing process and waste.
The costs of these SEPs are estimated to total $125,311.
EPA Announces Web-Based
System for Companies to Self-Disclose Environmental
Violations
Release
date: 08/07/2008
Contact
Information: Dave Bary or Tressa Tillman at 214-665-2200 or
r6press@epa.gov
(Dallas, Texas – August 7, 2008)
EPA today announced a pilot
project that allows regulated facilities nationwide to
self-disclose environmental violations in a secure
environment on EPA’s Website under the Agency's audit
policy. This electronic self-disclosure system, or
eDisclosure, should reduce transaction costs for companies
by ensuring that each disclosure contains complete
information.
Under the pilot, regulated facilities nationwide will be
able to use eDisclosure to disclose violations of the
Emergency Planning and Community Right-to-Know Act (for
example, failure to submit toxic chemical release forms to
EPA’s Toxic Release Inventory). Regulated facilities located
in Arkansas, Louisiana, New Mexico, Oklahoma and Texas will
be able to disclose violations of all environmental laws.
Based on the results of the pilot, EPA will consider
expanding eDisclosure to other states in the near future.
EPA’s audit policy provides incentives to companies that
voluntarily discover, promptly disclose and correct and
prevent future environmental violations. EPA may reduce or
waive penalties for violations if the facility meets the
conditions of the policy. EPA will not waive or reduce
penalties for repeat violations, or violations that resulted
in serious actual harm. More information on
eDisclosure:
http://www.epa.gov/compliance/incentives/auditing/edisclosure.html
U.S. Labor Department's OSHA Cites
Cincinnati Foundry, Fabrication Plant for Workplace Safety
and Health Violations
The U.S.
Department of Labor's Occupational Safety and Health
Administration (OSHA) has
proposed $128,700 in fines against Cast-Fab
Techologies Inc. of Cincinnati for alleged multiple serious
violations of federal workplace safety standards.
OSHA
selected Cast-Fab Technologies for inspection as part of a
local emphasis program concentrating on the primary metal
industry. As a result of its inspection, opened in January
2008, OSHA issued the company citations alleging 44 serious
violations, including 33 safety and 11 health regulation
issues.
The
violations address fall
hazards, energy control, training deficiencies, machine
guarding, electrical hazards, lack of personal protective
equipment, lack of periodic internal safety inspections,
fire hazards, silica and asbestos exposure issues, and
failing to inform employees of hazardous chemicals.
"Handling
dangerous chemicals, electrical hazards and machine guarding
problems are issues that should not exist at any worksite,"
said Richard Gilgrist, director of OSHA's area office in
Cincinnati. "Employers must remain dedicated to keeping the
workplace safe and healthful or face close OSHA scrutiny."
EPA Encourages New
Owners to Audit, Make “Clean Start”
Release
date: 08/01/2008
Contact
Information: Dave Ryan, (202) 564-4355 / ryan.dave@epa.gov
(Washington, D.C. – August 1, 2008) EPA is launching an
interim policy that offers
incentives to new owners who correct environmental
violations at recently-acquired regulated facilities.
Under the interim policy, new owners may receive lower
penalties than long-time owners.
“This is an opportunity for new owners to make a ‘clean
start’ by correcting environmental problems that began under
the previous owner’s watch,” said Granta Y. Nakayama,
assistant administrator of EPA’s Office of Enforcement and
Compliance Assurance. “This can lead to big gains for the
public and the environment.” Disclosures must be made
within prescribed timeframes either individually within 45
days of discovery and 9 months of the acquisition or in
accordance with an audit plan approved by EPA within 9
months of the acquisition.
Under the current EPA Audit
Policy, the Agency offers reduced penalties to
companies that self-audit their facilities, promptly
disclose and correct any violations discovered, and take
steps to prevent future violations.
Under the interim policy
announced today, an
owner who acquires a new facility may get additional
penalty reductions from disclosing an even greater range of
violations.
EPA encourages companies
with newly acquired facilities to examine compliance of
their new facilities, correct environmental problems that
began before acquisition, make changes to ensure they stay
in compliance, and reduce pollutants going forward.
Since 1995, more than 3,500 companies at nearly 10,000
facilities have used the audit policy to disclose and
resolve violations, most of which involved recordkeeping and
reporting. With the incentives announced today, EPA hopes to
encourage new owners to disclose violations that, once
corrected, will yield significant environmental benefit and
direct pollution reductions.
The new interim policy will be in effect immediately and EPA
will accept public comment until October 30, 2008. The
policy may change in light of these comments.
Information on EPA’s Audit Policy:
http://www.epa.gov/compliance/incentives/auditing/auditpolicy.html
Information on new owner disclosure approach and incentives:
http://www.epa.gov/compliance/incentives/auditing/newowners-incentives.html
Two Massachusetts Seafood Companies
Face Penalties for Hazardous Chemical Violations
(Boston, Mass. –
August 1, 2008) - Two seafood processing and freezing
company located in Fall River, Mass. face monetary penalties
for federal Emergency
Planning and Community-Right-to-Know Act (EPCRA) violations.
EPA issued complaints on July 15, 2008 against
Raw Seafoods, Inc.
and Arctic Cold Storage
Corporation alleging failure to provide local and
state emergency responders with important information about
the hazardous substances that the companies use at their
facilities.
Based on an inspection conducted in March 2007, EPA
determined that Raw Seafoods had
failed to file with state
and local authorities a chemical inventory, also known as a
Tier II form, for calendar year 2006 for sulfuric acid and
nitrogen. Sulfuric acid is an extremely hazardous
substance that the company had onsite in excess of the
threshold level of 500 pounds. Nitrogen is a hazardous
chemical that was stored at the facility in excess of the
10,000 pound threshold. Raw Seafoods, Inc. faces a
penalty of up to $17,100
for the one-year violation.
At an inspection of the
Arctic Cold Storage Corporation’s facility on the
same day, EPA determined that the company had
failed to file Tier II forms
for three calendar years—2004, 2005 and 2006—for ammonia,
sulfuric acid and lead. Ammonia and sulfuric acid are
extremely hazardous substances that were present at the
facility in excess of 500 pounds, and lead was stored at the
facility in excess of 10,000 pounds. Arctic Cold Storage
faces a penalty of up to
$20,100 for the three violations.
Lack of Tier II information can compromise proper emergency
planning and response by the state emergency response
commission (SERC), local emergency planning committee (LEPC)
and the local fire department. Failure of a facility to file
Tier II forms also deprives the community of its right to
know about chemicals present in the neighborhood.
U.S. EPA Seeks $32,500 for
Electronic Waste Export Violation
LOS
ANGELES – The
U.S. Environmental Protection Agency has filed a
$32, 500 complaint
against Jet Ocean Technologies of Chino, Calif.
for failing to notify the
EPA of a cathode ray tube export shipment, in
violation of federal hazardous waste laws.
In March, the EPA was
alerted by U.S. Customs and Border Protection to the
presence of a shipping
container of “scrap metal” that contained 441 computer
monitors with cathode ray tubes, commonly known as
CRTs. The container was owned by Jet Ocean Technologies, and
had been shipped to Hong Kong, where it was rejected by
customs authorities.
New
regulations took effect in January 2007 requiring exporters
shipping broken or unbroken CRTs to another country for
recycling to notify the EPA and receive written consent from
the receiving country before shipments can be made.
“Exporters of computer monitors must submit formal
notification to the EPA prior to shipping overseas,” said
Jeff Scott of the Waste Division for the EPA’s Pacific
Southwest region. “The required notice and consent of the
receiving country helps ensure that CRTs are recycled in an
environmentally sound manner."
For more information, please read the next article, or
visit:
http://www.epa.gov/epaoswer/hazwaste/recycle/electron/crt.htm.
Massachusetts Construction
Company Faces up to $157,500 in Fines for Clean Water
Violations
(Boston,
Mass. - July 30, 2008) - TLT Construction Corp. faces an
administrative penalty of up to
$157,500 for violating
requirements of the federal Clean Water Act at a
construction site in Reading, Mass.
In May 2004, TLT began
construction of the Town of Reading’s new high school.
In April 2007, an EPA inspector inspected TLT’s construction
site and observed failed
construction, storm water erosion and sediment controls, as
well as construction debris in the Aberjona River.
EPA determined TLT was discharging storm waters from the
site to waters of the United States without authorization.
TLT failed to apply for
coverage under the EPA’s National Pollutant Discharge
Elimination System (NPDES)
General Permit for Storm Water Discharges from Construction
Activities. EPA also determined that TLT
failed to update its Storm
Water Pollution Prevention Plan,
document construction site
erosion and sediment control inspections,
and maintain records.
EPA also found that TLT failed to comply with State and
local wetlands bylaws.
Stormwater runoff from construction activities has the
potential to significantly impact the water quality of
receiving waters. As storm waters flow over a construction
site, they can pick up and transport certain pollutants,
such as oil and grease from petroleum products, metals from
paints and sealants, sand and aggregate from unstable
material stockpiles, and solvents and construction debris.
Contaminated stormwater runoff can harm or kill fish and or
other aquatic wildlife. Uncontrolled stormwater runoff from
a construction site can affect an aquatic habitat and cause
stream bank erosion and flooding.
EPA Reaches
Agreement with Journal Holdings on Clean-Air Violations
U.S.
Environmental Protection Agency Region 5 has reached an
agreement with Journal Holdings Inc., 333 W. State St.,
Milwaukee, Wis., formerly known as NorthStar Print Group
Inc., on alleged clean-air
violations at the company's
printing plant at
512 Ninth Ave., Norway, Mich
The agreement, which includes a
$200,000 penalty,
resolves EPA allegations that Journal Holdings
violated national emission
standards for hazardous air pollutants for the printing and
chromium electroplating industries. EPA said testing,
planning, monitoring, recordkeeping and reporting
requirements were violated.
Hazardous air pollutants may cause serious health effects
including birth defects and cancer. They may also cause
harmful environmental and ecological effects. Information
about EPA Region 5's air enforcement program is at
http://www.epa.gov/region5/air/enforce/.
Baltimore County
Settles Violations of Underground Storage Tank Regulations
Baltimore County has settled alleged violations of
regulations designed to prevent leaks of fuel and hazardous
wastes from underground storage tanks (UST), the U.S.
Environmental Protection Agency announced today. The
settlement resolves alleged
UST violations at 13 county-owned and operated locations.
The county will pay a civil
penalty of $28,968 and
perform a supplemental
environmental project that will install a
computerized system to monitor USTs at several locations,
at a minimum cost of
$90,000.
This concludes a 2006 multi-site agreement between the EPA
and Baltimore County, which required the county to conduct
environmental audits of the underground storage tanks at its
13 locations.
The county locations and violations include:
Woodlawn Police Department,
6424 Windsor Mill Rd., Baltimore, Md.
550-gallon tank routinely containing diesel fuel
Failed to demonstrate financial responsibility
for corrective action and liability requirements
Woodlawn Fire Deparment,
7223 Windsor Mill Rd., Baltimore, Md.
1,000-gallon tank routinely containing diesel fuel
Lacked overfill protection and failed to demonstrate
financial responsibility
for corrective action and liability requirements.
Middle River Fire Station,
609 Compass Rd., Baltimore, Md.
1,000-gallon tank routinely containing diesel fuel
Release detection not performed and failed to demonstrate
financial responsibility
for corrective action and liability requirements.
White Marsh Police Station,
8220 Perry Hall Blvd., White Marsh, Md.
4,000-gallon tank routinely containing gasoline
Release detection not performed, failed to demonstrate
financial responsibility
for corrective action and liability requirements and
failed to provide tank
corrosion protection.
Wilkens Police Department,
901 Walker Ave., Catonsville, Md.
4,000-gallon tank routinely containing gasoline
Release detection not performed, and failed to demonstrate
financial responsibility
for corrective action.
Edgemere Fire Station,
6800 Old North Point Rd., Edgemere, Md.
1,000-gallon tank routinely containing diesel fuel
Release detection not performed, failed to perform tightness
testing for suction piping, failed to provide corrosion
protection and failed to demonstrate financial
responsibility for corrective action.
Inwood Maintenance Shop,
7400 Johnnycake Road, Woodlawn, Md.
10,000-gallon tank routinely containing diesel fuel
Release detection not performed, failed to investigate
suspected release, failed to report a suspected release,
failed to perform line leak detection, failed to perform
annual line tightness test, and failed to provide corrosion
protection.
North Point Government Center,
7701 Wise Ave., Dundalk, Md.
4,000-gallon tank routinely containing gasoline
Failed to provide release detection, failed to provide
corrosion protection, and failed to demonstrate financial
responsibility
for corrective action.
Randallstown Fire Station,
3610 Brenbrook Dr., Randallstown, Md.
1,000-gallon tank routinely containing diesel fuel
550-gallon tank routinely containing gasoline
Failed to provide release detection, failed to provide
corrosion protection, and failed to demonstrate financial
responsibility
for corrective action.
Dundalk Fire Station,
2815 Sollers Point Rd., Dundalk, Md.
Two manifolded 1,000-gallon tanks routinely containing
diesel fuel
Failed to provide release detection, failed to provide
corrosion protection and failed to demonstrate financial
responsibility
for corrective action.
Essex Fuel Center,
511 Mace Center, Baltimore, Md.
Two 8,000-gallon tanks routinely containing gasoline
Failed to perform line leak detection, failed to perform
annual line tightness test, and failed to demonstrate
financial responsibility
for corrective action.
Towson Fuel Center,
200 Courtland Ave., Towson, Md.
Two 10,000-gallon tanks routinely containing gasoline
6,000-gallon tank routinely containing gasoline
Failure to provide release detection and failed to
demonstrate financial responsibility
for corrective action.
Wight Avenue Fuel Center,
103 Wight Ave., Cockeysville, Md.
15,000-gallon tank routinely containing diesel fuel
15,000-gallon tank routinely containing gasoline
Failed to provide release detection and failed to
demonstrate financial responsibility
for corrective action.
EPA Fines SuperFuels $55,000 for Underground
Storage Tank Violations
SAN FRANCISCO – The U.S. Environmental Protection Agency and
the U.S. Attorney’s Office in Phoenix recently
fined the former owners and
operators of four underground storage tanks at the former
SuperFuels gasoline service station in Tuba City,
Ariz., $55,000 for
federal underground storage tank violations.
Alleged former owner/operators John B. Knight, Jr., National
Petroleum Marketing, Inc., Sunwest Express, Inc. and Navajo
Trails, Inc., and alleged former operator Robert D. Brown
operated four underground storage tanks containing diesel
and unleaded gasoline at station located at the intersection
of Highways 160 and 264 in Tuba City on the Navajo Nation,
adjacent to the Hopi Tribe.
“It’s essential that service state operators monitor their
tanks for leaks and act quickly upon any release,” said Jeff
Scott, Director of Waste Programs for EPA’s Pacific
Southwest Region. “EPA’s action sends a message that station
operators need to take their responsibilities seriously.”
The complaint alleged that, at various times, the
owners and/or operators
failed to:
· report a suspected release within 24 hours;
· conduct corrosion tests every three years;
· monitor tanks every 30 days;
· use valid release detection methods;
· provide adequate release detection for piping;
· maintain financial responsibility; and
· respond to information request letters.
EPA
Fines Phoenix Company $23,400 for Hazardous Chemical
Reporting Violations
SAN
FRANCISCO – The U.S. Environmental Protection Agency
recently fined a Phoenix,
Ariz. paint and hazardous chemical storage and repackaging
company $23,800 for violating the federal Emergency
Planning and Community Right-to-Know Act.
Delaware-based Akzo Nobel Coatings, Inc.,
failed to submit emergency
and hazardous chemical inventory forms to local and
state emergency planning and response teams
in 2005 and 2006 for
paints, coatings and hazardous chemical mixtures stored at
its warehouse, located at 2639 North 31st Ave.
Hazardous mixtures stored at the warehouse included
lacquers/clears,
stains/glazes, liquid non-stick, and thinners/reducers.
The EPA discovered the violations during a 2007 inspection
of the facility.
“Submitting accurate records of hazardous chemicals is
crucial information when preparing for a potential emergency
response,” said Dan Meer, chief of the emergency response
and preparedness branch for the Pacific Southwest region.
“Keeping local and state emergency response teams informed
helps to minimize damage to human health and the environment
in the event of an emergency.”
Importing or Exporting? New
EPA Web Portal Provides Environmental Requirements
Release
date: 07/01/2008
Contact
Information: Dale Kemery, (202) 564-4355 / kemery.dale@epa.gov
(7/1/08) EPA has developed a
one-stop Web portal to help
importers and exporters of goods meet requirements to
protect human health and the environment. The portal
provides information about:
·
vehicles and
engines
·
fuel and fuel
additives
·
ozone
depleting substances
·
chemical
substances regulated under the Toxic Substances Control Act
·
pesticides,
including pesticide residues on foods
·
hazardous
wastes
·
plumbing
products
·
scrap metal.
The portal is being released in conjunction with the federal
government’s update to the November 2007 Action Plan for
Import Safety. The update summarizes achievements in
import safety over the past several months and key steps
planned to enhance the safety of imported goods.
Leak
Detection and Repair: A Best Practices Guide for Air Toxics
(LDAR Guide)
The LDAR Guide is intended
for use by regulated entities, compliance assistance
providers and compliance inspectors to learn how to find and
repair air toxics leaks and identify problems associated
with LDAR programs focusing on Method 21 requirements. It
also describes best practices to increase the effectiveness
of an LDAR program. This document explains: 1) the
importance of regulating equipment leaks; 2) the major
elements of an LDAR program; 3) typical mistakes made when
monitoring to detect leaks; 4) problems that occur from
improper management of an LDAR program; and 5) best
practices that can be used to implement an effective LDAR
program. Most violations can be quickly and easily corrected
without the need for new pollution control equipment.
This document can also help
build state capacity to detect noncompliance and provide
compliance assistance. See
www.epa.gov/compliance/resources/publications/assistance/ldarguide.pdf.
Contact Tom Ripp, 202-564-7003, or Joanne Berman,
202-564-7064.
U.S. EPA Fines Chandler Casting
Firm $10,000 for Hazardous Waste Violations
LOS
ANGELES - The U.S. Environmental Protection Agency recently
fined Chandler, Ariz.-based Triumph Precision Castings Co.
$10,000 for violating
hazardous waste requirements of a federal law known
as the Resource Conservation and Recovery Act. Triumph
Precision Castings Co. is located in the Gila River Indian
Community, and produces industrial and aerospace
applications castings.
During a June 2007 inspection, EPA investigators found
several violations of the Resource Conservation and Recovery
Act, including:
· Failure to implement the contingency plan during an
emergency;
· Failure to have the name, address and telephone number of
the emergency coordinator in the contingency plan;
· Failure to meet all of the training requirements for
personnel handling hazardous waste.
“Ensuring a proper response to hazardous waste emergencies
is a priority,” said Jeff Scott, the EPA's Waste Management
Division director for the Pacific Southwest region. “Firms
such as Triumph, which generate hazardous waste, must follow
federal regulations to better protect their employees,
surrounding communities and the environment."
Triumph Precision Castings Co. has since corrected the
violations.
Pfizer To Pay $975,000 For Alleged Clean Air Violations at
Connecticut Facility
The
pharmaceutical company Pfizer Inc. has agreed to pay a
$975,000 civil penalty
to resolve alleged violations of the Clean Air Act at its
former manufacturing plant in Groton, Conn., the Justice
Department and Environmental Protection Agency (EPA)
announced today. Today’s settlement is the first of its type
in federal court under regulations that are designed to
control the emissions of hazardous air pollutants from
pharmaceutical manufacturing operations.
The consent decree filed in U.S. District Court in
Connecticut settles government claims that Pfizer violated
the “National Emission
Standards for Pharmaceuticals Production”
and the “National Emission
Standards for Organic Hazardous Air Pollutants for Equipment
Leaks,” (PharmaMACT regulations) under the federal
Clean Air Act. The PharmaMACT regulations impose “Maximum
Achievable Control Technology”
(MACT) standards,
which are industry-specific measures that must be
implemented to control hazardous air pollutants in order to
prevent harm to human health or the environment.
The alleged violations, which occurred between October 2002
and December 2005, resulted from a
failure of Pfizer’s
leak detection and repair (LDAR)
program at its former manufacturing plant in Groton.
Under the PharmaMACT regulations, the LDAR program set forth
various equipment, testing and record-keeping requirements
to ensure that any leaks of air pollutants from equipment
used in the manufacture of pharmaceutical products are
timely detected and repaired. The
specific violations,
associated with the production of bulk pharmaceutical
materials, included
a failure to properly
conduct pressure tests to identify leaks, repair leaks
before start-up, equip open-ended lines with a cap or other
seal, and document leak tests to establish full compliance
with the LDAR requirements.
During its production of pharmaceutical-grade chemicals,
Pfizer used substances such as methanol, hydrogen chloride,
methylene chloride, MTBE, hexane, toluene, and many others,
which are classified by EPA as hazardous air pollutants
under Section 112 of the Clean Air Act.
“This significant penalty, the first in federal court under
the PharmaMACT regulations, should send a strong message to
the pharmaceutical industry that they must be diligent in
detecting and repairing leaks of hazardous substances” said
Ronald J. Tenpas, Assistant Attorney General for the Justice
Department’s Environment and Natural Resources Division. “We
will not wait to enforce the law until after a catastrophe
occurs. Penalties such as this one compel the industry’s
close attention and rigorous implementation of the leak
detection requirements to prevent the escape of harmful air
pollutants that can endanger the public.”
A copy of the consent decree is available on the Justice
Department Web site at
http://www.usdoj.gov/enrd/Consent_Decrees.html.
U.S.
EPA fines Aero-Electric Connectors $120,000 for Hazardous
Waste Violations
LOS ANGELES – The U.S. Environmental Protection Agency has
fined Aero-Electric Containers of Torrance, Calif.,
$120,000 for violating `
federal hazardous waste regulations.
A manufacturer of specialized metallic connectors located at
548 Amapola Ave., Aero-Electric Containers violated multiple
federal Resource Conservation and Recovery Act requirements,
including:
- Failure to properly label
hazardous waste containers;
- Failure to close hazardous waste containers;
- Failure to conduct weekly inspections of hazardous waste
areas.
Aero-Electric Containers has since corrected the violations.
The EPA discovered the violations during an April, 2006
inspection.
Monro
Muffler Brake Inc. Faces $107,000 in Fines for Exit Access,
Fall, Compressed Gas Storage and Other Hazards at
Glastonbury, Conn., Store
Rochester, N.Y.-based company previously cited by U.S. Labor
Department's OSHA
Locked fire exits, exposure to 8-foot falls, improper
storage of compressed gas cylinders and other hazards
at the Monro Muffler Brake Inc. store in Glastonbury, Conn.,
have resulted in the U.S. Department of Labor's Occupational
Safety and Health Administration (OSHA) citing the company
with $107,000 in
proposed fines.
In response to an employee
complaint, OSHA cited the Rochester, N.Y.–based
company for alleged repeat and serious violations of safety
standards following an inspection of the 3000 Main St.
location begun Dec. 11, 2007.
"The sizable proposed fines
reflect the recurrence of exit access, fall and compressed
gas storage hazards that have been found at other company
worksites," said C. William Freeman III, OSHA's area
director in Hartford. "Monro Muffler needs to promptly
address these vital safety issues in a consistent, effective
manner to ensure the safety and health of employees at all
its stores."
The Glastonbury inspection identified
several conditions
that had earlier been cited
at other
Monro Muffler Brake
locations in Massachusetts and New Hampshire. These
include locked fire exit
doors, no railings or other fall protection for employees
working in an elevated muffler storage area, and improper
and unsafe storage of compressed gas cylinders.
These latest conditions resulted in the issuance of
four repeat citations,
carrying $95,000 in proposed fines. OSHA issues
repeat citations when an employer previously has been cited
for substantially similar hazards and those citations have
become final. In this case, OSHA had cited Monro Muffler in
December 2005 for similar conditions at its Boston, Mass.,
and Manchester, N.H., stores.
The company also has been issued
six serious citations,
with an additional $12,000
in proposed fines, for
damaged or missing exit door safety equipment;
missing exit signs;
wet, moldy and falling
ceiling tiles;
exposed electrical conductors and
excess pressure levels for
compressed air hoses
used for cleaning. A serious citation is issued when
death or serious physical harm is likely to result from a
hazard about which the employer knew or should have known.
Four of Nation’s
Largest Home Builders Settle Storm Water Violations - 200
Sites in Mid-Atlantic Region Named
Four of the nation’s largest home builders,
all of whom are active in the mid-Atlantic region,
have agreed to pay civil
penalties totaling $4.3 million to resolve alleged
violations of the Clean Water Act, the Justice Department
and U.S. Environmental Protection Agency announced today.
The companies also have agreed to implement company-wide
compliance programs that go beyond current regulatory
requirements and put controls in place that will keep1.2
billion pounds of sediment from polluting our nation’s
waterways each year.
“Today's settlements mark an important step forward in
protecting our waters from harmful storm water runoff from
construction activities,” said Assistant Attorney General
Ronald J. Tenpas. “In the future, these homebuilders will
implement company-wide compliance programs that will provide
better and more consistent protections at their construction
sites across the country.”
The Clean Water Act requires that construction sites have
controls in place, such as silt fences, phased site grading,
and sediment basins to prevent construction contaminants
from being discharged with storm water into nearby
waterways. Today’s settlements require the builders to
implement management systems to insure that appropriate
control measures are in place.
“Sediment runoff from irresponsible development impairs
waterways, destroys aquatic life, and threatens the health
of the Chesapeake Bay. Today’s settlements are a huge step
toward corporate accountability in the home building
industry,” said Donald S. Welsh, regional administrator of
EPA’s mid-Atlantic region.
The home builders, Centex
Homes, based in Dallas, will pay $1,485,000; KB Home, based
in Los Angeles will pay $1,185,000; Pulte Homes, based in
Bloomfield Hills, Mich., will pay $877,000; and Richmond
American Homes, based in Denver will pay $795,000 in
penalties.
In addition
to the penalties, the settlements require the companies to
develop improved pollution
prevention plans for each site, increase site inspections
and promptly correct any problems that are detected.
The companies must properly
train construction managers and contractors, and are
required to have trained
staff at each construction site. They also
must implement a management
and internal reporting system to improve oversight of
on-the-ground operations and
submit annual reports to
EPA.
The four separate settlements resolve alleged violations of
storm water run-off regulations at construction sites in 34
states and the District of Columbia.
Along with the federal government,
seven state co-plaintiffs
have joined the settlements. Those states are
Colorado, Maryland,
Virginia, Missouri, Nevada, Tennessee, and Utah. Each
of the seven states will
receive a portion of the penalties based on the
number of sites located within that state.
In EPA's mid-Atlantic region, 233 sites are named in the
settlements: 12 in Delaware; 79 in Maryland; 21 in
Pennsylvania; 116 in Virginia; four in West Virginia and;
one in the District of Columbia.
The government complaints allege a common pattern of
violations that was discovered by reviewing documentation
submitted by the companies and through federal and state
site inspections. The
alleged violations include not obtaining permits until after
construction had begun or failing to obtain the required
permits at all. At the sites that did have permits,
violations included failure
to prevent or minimize the discharge of pollutants,
such as silt and debris, in storm water runoff.
The consent decrees, lodged in the U.S. District Court for
the Eastern District of Virginia, are subject to a 30-day
public comment period and approval by the federal court. The
companies are required to pay the penalty within 30 days of
the court's approval of the settlement. A copy of the
consent decree is available on the Justice Department Web
site at
http://www.usdoj.gov/enrd/Consent_Decrees.html.
U.S. Labor
Department's OSHA Cites Family Video Woodshop in
Springfield, Ill., for Workplace Safety Violations
SPRINGFIELD, Ill. -- The U.S. Department of Labor's
Occupational Safety and Health Administration (OSHA) has
proposed $161,550 in fines
against Family Video Movie Club Inc., Springfield, for
alleged multiple willful and serious violations of federal
workplace safety standards, the agency announced today.
OSHA selected Family Video Movie Club for inspection after
the company failed to respond to an inquiry about safety
conditions at the Springfield facility, which houses an
office, warehouse and
woodshop. As a result of that inspection, opened in
December 2007, OSHA issued citations alleging
two willful and 19 serious
violations, with proposed penalties of
$112,500 and $49,050
respectively.
The willful violations
cited address safety problems with table saws including
failure to guard the
portion of the saw above the table with an
appropriate hood and to
have safety devices that prevent materials from being kicked
back during operation. The
serious violations
address hazards associated with
noise exposure, fire and
electrical issues, a lack of personal protective equipment
and improper handling of hazardous chemicals.
"Handling hazardous chemicals, electrical hazards and
machine guarding issues are problems that should not exist
at any worksite," said Nick Walters, director of OSHA's area
office in Peoria, Ill. "Employers must remain dedicated to
keeping the workplace safe and healthful, or face close
scrutiny by this agency."
The woodshop in Springfield, which constructs shelving,
cabinetry and countertops for all Family Video Movie Club
rental stores, has been inspected by OSHA on two occasions
since January 1995. OSHA issued nine serious violations that
addressed machine guarding, noise exposure, electrical
hazards and hazard communication.
U.S. Department of
Labor's OSHA Cites Laurel, Miss., Manufacturer with 54
Safety Violations and $193,000 in Proposed Penalties
The U.S. Department of Labor's Occupational Safety and
Health Administration (OSHA) has proposed
$193,000 in penalties
against Howard Industries for 54 violations of federal
safety rules at the company's two manufacturing locations in
Laurel, Miss.
The producer of electrical
power products is being cited with 36 serious
violations and proposed penalties of $123,500 at its Pendorf
Road plant, with an additional 15 serious violations and
proposed penalties of $41,000 at its Eastview plant. The
violations include failing
to provide employees with proper protective equipment, and
to provide machine guards and lockout-tagout procedures.
Lockout/tagout refers to preventing accidental start-up of
machinery during maintenance.
Two repeat violations with penalties of $27,500
are being proposed for violations similar to those noted
during earlier inspections in 2007.
Chemical containers lacked
identification labels and
chains used as slings
for lifting loads were
shortened using
makeshift measures rather than reducing the number of links.
One citation with a $1,000
penalty has been proposed
for the company's
failure to make material
safety data sheets (MSDS) readily accessible to employees in
their work area. A MSDS provides both employees and
emergency personnel with information that is of particular
use if a spill or other accident occurs.
"It is unconscionable for an employer to tolerate serious
injuries, including amputations, as just a cost of doing
business, rather than get out into the production areas and
fix these numerous problems before employees get injured,"
said Clyde Payne, director of OSHA's Jackson Area Office.
Colorado
Construction Firm Settles Storm Water Violations
(Denver, Colo. -- June 6, 2008) Colorado Structures, Inc.,
(CSI) a construction
management firm that specializes in
building big-box commercial
stores in the western United States, has agreed to
pay a $300,000 penalty
and implement a
company-wide storm water compliance program to
resolve alleged Clean Water Act violations, the Justice
Department and Environmental Protection Agency (EPA)
announced today.
CSI, as part of the
settlement joined by the state of Colorado, will implement a
company-wide program to significantly reduce
storm water pollution at its construction sites. The
company has agreed to comply with storm water permitting
requirements; develop a management system to improve its
oversight of operations; inspect sites daily; train site
personnel on federal storm water requirements; take quick
corrective actions when problems related to storm water
runoff arise; and provide quarterly progress reports to EPA.
According to the
complaint filed along with the settlement, beginning in 1999
EPA and state inspectors
found a pattern of failures to comply with storm water
requirements. EPA documented violations at
16
construction sites in Colorado, California, Nevada
and South Dakota, including violations of applicable permits
and the failure to obtain a permit.
CSI operates in the
western United States and is headquartered in Colorado
Springs, Colo., with offices in Oregon and California. It is
a general contractor for and developer of big-box stores
such as Wal-Mart, Home Depot, Fred Meyer and Safeway. The
CSI violations cited in the complaint were documented during
construction of Wal-Mart and Home Depot stores, which were
each also fined separately.
The consent decree,
lodged in the U.S. District Court in Denver, is subject to a
30-day public comment period and approval by the federal
court. CSI is required to pay the penalty within 30 days of
the court’s approval of the settlement, of which $50,000
will go to the state of Colorado.
A copy of the consent
decree is available on the Justice Department Web site at
http://www.usdoj.gov/enrd/Consent_Decrees.html
EPA’s new
Web portal is available at:
epa.gov/compliance/international/importexport.html
EPA Reaches
Agreement with 3M on Clean-Air Violations
U.S. Environmental Protection Agency
Region 5 has reached an agreement with 3M Co. on alleged
clean-air violations at the company's Abrasive Systems
Division at 10746 Innovation Road,
Cottage Grove, Minn.
The agreement, which includes a
$30,000 penalty,
resolves EPA allegations that 3M
violated monitoring and
recordkeeping requirements for systems to control
particulate matter emissions from its calciners and dryers.
The alleged violations were discovered during an EPA
inspection in October 2006. EPA said 3M has since
demonstrated compliance with these requirements. Inhaling
high concentrations of particulates can affect children, the
elderly and people with heart and lung diseases the most.
Tempe Electronics
Company Pays $46,300 for Toxic Chemical Reporting Violations
The U.S.
Environmental Protection Agency reached a
$46,300 settlement
with the Rockford Corporation of Tempe, Ariz. for
failing to submit toxic
chemical reports, a violation of the Emergency
Planning and Community Right-to-Know Act.
Rockford Corporation, located at 546 South Rockford Drive,
failed to submit timely, complete, and correct reports
detailing the amounts of
lead compounds processed at its facility from 2002
through 2004. Rockford Corporation, which
manufactures circuit boards
for car radios, self-disclosed their violations, but failed
to satisfy EPA’s Audit Policy.
“Facilities that process particularly toxic chemicals, such
as lead compounds, must follow reporting rules to ensure
area residents and emergency response personnel are informed
of possible chemical hazards locally,” said Enrique
Manzanilla, Communities and Ecosystems Division Director,
for the EPA’s Pacific Southwest region. “This penalty should
remind others that we are maintaining a close watch over
chemical reporting practices and are serious about enforcing
community right-to-know laws.”
Federal community right-to-know laws require facilities
processing, manufacturing, or using more than 100 pounds of
lead compounds to report releases of this highly toxic
chemical on an annual basis to the EPA and the state.
Exposure to lead and lead compounds may result in high blood
pressure, digestive problems, and muscle pain; exposure to
low levels of lead can severely harm children under the age
of six.
Although the Rockford
Corporation did not release lead compounds into the
environment, it was required to report lead compound
processing to the EPA because the facility was over the
applicable reporting thresholds from 2002 through 2004. The
company failed to timely submit reports to the agency for
any of those years.
Wayne County, N.Y.,
Electronic Components Manufacturer Faces More than $151,000
in Fines from U.S. Department of Labor's OSHA
A Clyde, N.Y., electronic
components manufacturer has been cited by the U.S.
Department of Labor's Occupational Safety and Health
Administration (OSHA) for 29 alleged
willful, serious and
other-than-serious violations of safety standards.
Thomas Electronics of New York Inc. faces a total of
$151,100 in proposed
fines following OSHA inspections begun in November 2007 in
response to an employee complaint.
"The citations address a variety of hazards which, left
uncorrected, expose employees to chemical burns, fire,
electrocution, lacerations, amputation, falls and crushing
injuries, and impede their ability to exit the workplace
swiftly in the event of a fire or other emergency," said
Christopher Adams, OSHA's area director in Syracuse. "The
sizable proposed fines reflect the breadth and seriousness
of the cited conditions and emphasize the need for this
employer to take prompt and effective corrective action."
Specifically, two willful
citations, accounting for $100,000 in fines, have
been issued for lack of eye
and face protection for employees working with hydrofluoric
acid and the
lack of a hazard
communication program to provide employees with the
knowledge to identify and protect themselves against the
hazardous chemicals with which they work.
OSHA has issued 24 serious
citations, with $49,700 in fines, for
unmarked exit doors and
routes blocked by equipment and snow;
improper storage of
combustible materials;
inadequate paint spray
booth safeguards; lack
of specific training and equipment to lock out machines'
power sources to prevent their unintended startup;
lack of personal protective
equipment and training;
adequate first aid supplies
not readily available;
unguarded moving machine parts; a variety of
electrical and
electrical-related hazards;
excess air pressure for a
cleaning hose; and
no initial lead exposure determination.
The agency also has issued
three other-than-serious citations, with $1,400 in
fines, for not maintaining
a log of injuries and illnesses for 2006 and 2007;
failure to provide
respirator information; and
not conducting regular and
periodic inspections of mechanical power presses.
OSHA defines a willful violation as one committed with plain
indifference to or intentional disregard for employee safety
and health. A serious citation is issued when death or
serious physical harm is likely to result from a hazard
about which the employer knew or should have known. An
other-than-serious violation is a hazardous condition that
would probably not cause death or serious physical harm but
would have an immediate relationship to the safety and
health of employees.
EPA Reaches
Agreement with TES Filer City Power Plant
U.S.
Environmental Protection Agency Region 5 has reached an
agreement with TES Filer City Station LP on alleged
clean-air violations at the company's 60-megawatt
cogeneration power plant at 700 Mee St., Filer City, Mich.
The agreement, which includes a
$24,500 penalty,
resolves EPA allegations that TES Filer City Station
violated its state operating permit by
failing to observe and/or
record visible emissions from three emissions units on
several occasions
and by feeding excess petroleum coke into both of its
boilers on four occasions.
Reno, Nev. Company Pays Over $80,000
for Toxic Chemical Reporting Violations
The U.S. Environmental Protection Agency recently reached an
$80,080 settlement
with a Reno, Nev. company for its
failure to submit required
toxic chemical reports, a violation of the Emergency
Planning and Community Right-to-Know Act.
Electronic Evolution Technologies, Inc., located at 9455
Double R Road in Reno, Nev., failed to submit timely,
complete, and correct reports detailing the amounts of
lead processed at
its facility from 2002 through 2005. EPA inspectors
discovered the four
violations as a result of a routine inspection in
April 2007 and a follow-up investigation.
Federal community right-to-know laws require facilities
processing, manufacturing, or otherwise using more than 100
pounds of lead to report releases of this highly toxic
chemical on an annual basis to the EPA and the state.
Although Electronic Evolution Technologies
exceeded these thresholds
from 2002 through 2005, it failed to submit reports
to the agency for any of those years.
The facility uses lead in
connection with its manufacturing of printed circuit boards.
Although the facility’s operations did not release lead into
the environment, it was still required to report lead
processing to the EPA because the facility was over the
applicable reporting threshold.
Chemical Spill
Reporting Violations: EPA Settles with House of Flavors,
Ludington, Mich.
U. S. Environmental Protection Agency Region 5 recently
settled an administrative case involving hazardous chemical
release and inventory reporting violations at House of
Flavors Inc., in Ludington, Mich.
The company, located at 110 N. William St.,
paid $18,797 to
resolve EPA's enforcement action for
failure to provide
immediate notification to the National Response
Center and state and local emergency response commissions
of a 600-pound release of
anhydrous ammonia Jan. 27, 2006. Ammonia releases
greater than 500 pounds must be reported. A required
follow-up report was filed
late. Additionally, House of Flavors
failed to submit emergency
and hazardous chemical inventory forms for 2002-2004
to the state of Michigan and local authorities.
Anhydrous ammonia is commonly used in commercial
refrigeration systems and causes burns to the skin and
irritation to the eyes, nose and throat. It may be fatal if
inhaled for long periods of time.
Federal law requires immediate notification of the NRC for
anhydrous ammonia releases above 100 pounds. The NRC
activates the appropriate response authorities. Responders
need to know what they're dealing with so they can take
steps to protect people living and working in the area.
Chemical
Spill
Reporting Violations: EPA Settles with Chemsol Products
Corp., Cleveland
U. S. Environmental Protection Agency Region 5 recently
settled an administrative case involving hazardous chemical
release reporting violations by Chemsol Products Corp.,
Cleveland, Ohio.
The company, located at 712 E. 163rd St.,
paid $20,000 to
resolve EPA's enforcement action for
failure to provide
immediate notification to the National Response
Center of a 7,133-pound
release of sulfuric acid Oct. 10, 2006. Federal law
requires immediate notification to the NRC for sulfuric acid
releases above 1,000 pounds. The release was more than
seven times the reportable quantity. National and local
response agencies were notified four days and one day after
the spill respectively. Chemsol has cleaned up the area
affected by the release.
EPA Settlement with
GSA in USVI Sheds Light on Need to Recycle Fluorescent Bulbs
(St.
Thomas, V.I.) Most of us don’t think twice about the
fluorescent lights over our heads at work, but the issue of
how the bulbs are thrown out and how they can be recycled
took center stage in the recent resolution of a U.S.
Environmental Protection Agency (EPA) complaint against the
U.S. General Services Administration (GSA). Last year,
EPA alleged that GSA
violated federal hazardous waste rules at its
building on St. Thomas in the U.S. Virgin Islands
by disposing of fluorescent
light bulbs as regular garbage. While fluorescent
bulbs may seem harmless, they contain mercury and can be
harmful to people and the environment if improperly
discarded.
“Fluorescent lights are super efficient -- up to 80% more
than incandescent bulbs -- which is great for the
environment, but they do have to be handled properly once
they burn out,” said EPA Regional Administrator, Alan J.
Steinberg. “Most people don’t realize that every time they
toss a fluorescent bulb into the regular trash, they are
releasing mercury into the environment. Though these bulbs
only contain a very small amount of mercury, it can add up
fast. That’s why I am so pleased that GSA has agreed to make
sure that fluorescent bulbs from buildings that it owns and
operates in the VI and throughout their Caribbean and
Northeast region are recycled. “
GSA is a federal procurement and property management agency
created to improve government efficiency and help federal
agencies better serve the public. In the settlement
announced today, GSA agreed to complete arrangements within
one year to recycle the various kinds of mercury- and other
toxic metal-containing bulbs used in all of the more than 50
buildings, including buildings that house EPA offices, which
GSA manages for U.S. government agencies in the Virgin
Islands, Puerto Rico, northern New Jersey and New York.
Currently available recycling systems can capture up to 99%
of the mercury in these bulbs and the mercury can be reused
in new bulbs. GSA will also
pay a $23,000 penalty for the violations.
Other types of light bulbs, including high-intensity
discharge (HID), neon, mercury vapor, high pressure sodium,
compact fluorescent and metal halide lamps, can also contain
mercury, lead, and cadmium. EPA regulations require that
non-green tip spent mercury- and other toxic
metal-containing bulbs from business, industry and
government be handled as hazardous waste or under the
simpler universal waste rules to prevent the release of
mercury and other toxins into the environment. The universal
waste regulations streamline collection requirements for
certain hazardous wastes in the following categories:
batteries, pesticides, mercury-containing equipment (e.g.,
thermostats) and lamps (e.g.,fluorescent bulbs).
While EPA recommends that even green tip spent bulbs be
recycled because they do contain less but some mercury, some
states have stricter requirements and may require that even
green tip spent bulbs be handled as a hazardous waste.
For more information about the federal rules for the proper
disposal of mercury and other toxic metal-containing bulbs
visit:
http://www.epa.gov/region02/waste/spent-lamp.pdf
EPA Focus on Oil
Spill Prevention Results in Three Settlements -Effort
Includes Inspections of Multi-Facility Companies
Under
an ongoing EPA effort to prevent oil spills,
three additional New
England companies will pay
penalties to resolve allegations that they violated
federal regulations related to the
storage of oil. The
companies have operations in all six New England states, and
two own and operate multiple oil storage facilities.
Mantrose-Haeuser Co. Inc., an Attleboro Mass. shellac-based
coatings facility, will pay
$34,000 following a 2006 EPA inspection of its oil
tanks and its facility. EPA found the company to be in
violation of federal Clean Water Act regulations by
releasing an unknown
quantity of oil into the nearby Ten Mile River
and failing to prepare and
implement an adequate Spill Prevention, Control, and
Countermeasure (SPCC) plan.
EPA had
originally responded to a release of sulfuric acid at
Mantrose-Haeuser in June 2006, and subsequently conducted an
inspection of the facility's oil tanks one month later,
during which the inspector observed another spill occurring,
this time a release of diesel fuel. The second spill
resulted from a leak in a diesel-powered high pressure
washing device that had been staged on the facility's
parking lot without any secondary containment to catch
spills.
The leaked oil flowed into a nearby storm drain and into the
Ten Mile River. EPA also noted that there was heavy oil
staining and evidence of prior spillage throughout the
delivery truck unloading area, directly adjacent to the
river.
Upon EPA's observation that an oil sheen had developed on
the river, Mantrose-Haeuser initiated steps to protect the
storm drain with oil absorbent pads, shut down the leaking
equipment and clean up the spilled oil. No environmental
damage was evident from this release.
Rice Oil Co. of Greenfield Mass.
will pay a $157,500 penalty
for alleged SPCC violations at four of its Massachusetts oil
storage and distribution facilities
and at a Vermont facility,
where two oil spills occurred
in 2003 and 2007. The company is affiliated with
approximately 40 gas stations and convenience stores
throughout New England.
On July
4, 2007, Rice Oil reported a 400-gallon discharge of oil
from its Readsboro, Vt. facility. Emergency personnel from
the Vermont Dept. of Environmental Conservation responded
and oversaw the investigation and remediation of the
discharge. Some of the oil was observed to have escaped the
earthen berm surrounding the tanks, however, no impact to
the Deerfield River was observed.
This was the second oil
discharge from this site within the past five years.
Previous to the July 4th spill, Rice Oil had a 300-gallon
fuel oil release in October 2003. The oil was discharged
from a tank into the Deerfield River, and no product was
recovered from the river during subsequent response
operations. Following the
first release, Rice Oil paid a $15,000 penalty to EPA
for violations of the federal Clean Water Act. At that time,
the company also agreed to
upgrade oil storage and distribution systems at the
Readsboro facility, as well as its other Massachusetts bulk
plants.
On November 28, 2006, representatives from EPA and the Mass.
Dept. of Environmental Protection inspected three of Rice
Oil's Massachusetts bulk plants in Greenfield and Shelburne
Falls, and reviewed information related to an Orange, Mass.
facility and the Vermont facility. The inspection revealed
that the company had failed
to upgrade its equipment as previously agreed to,
including building sufficiently impervious and appropriately
sized secondary containment for oil storage tanks, transfer
areas, and loading racks.
Irving Oil Co., with U.S. operations based in Portsmouth N.H.,
will pay a $55,000 penalty
for alleged
violations at one of its facilities located in a drinking
water protection area in Alton, N.H. In addition to
the Alton facility, Irving owns and operates a total of
twelve bulk oil storage facilities in New England, three of
which are marine terminals with a combined storage capacity
of over 100 million gallons.
A
joint inspection by representatives from EPA's New England
office and the N.H. Dept. of Environmental Services at the
Alton bulk plant found that the company had
failed to construct
sufficiently impervious secondary containment around
its aboveground storage tanks. The facility's oil storage
included six aboveground bulk petroleum storage tanks
ranging in size from 10,000 to 20,000 gallons, with an
aggregate storage capacity of more than 100,000 gallons.
The Irving Oil facility also stores gasoline on-site and is
located within the well radius of the Town of Alton's
drinking water supply. This sensitive location means that
spills at the bulk plant could lead to contamination of a
public drinking water aquifer. In November 2005 the facility
had a spill of over 5,000 gallons of No. 2 home heating oil,
which impacted the groundwater beneath the tank farm.
EPA
Issues Final Emissions Allocations For Nitrogen Oxide Under
Interstate Rule |
