Sign up for our EHS Newsletter Email This Page 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: The Control Of Hazardous Energy Chromium VI Exposure Explosive Dusts (Reissued from 2007) Crystalline Silica (Updated from 1996)     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.