Compliance and Enforcement

$2.5 Million Penalty to Settle Alleged Violations of RCRA, CAA, & CWA at Shreveport, LA Wastewater Plant

The Bullet:

Houston-based CCS (USA) Inc. and several of its operating subsidiaries will pay a $2.5 million civil penalty relating to operations at its Shreveport, Louisiana, industrial wastewater treatment plant, the Department of Justice, U.S. Environmental Protection Agency (EPA) and the state of Louisiana announced today.  The settlement will resolve violations of the Clean Water Act, the Clean Air Act and the Resource Conservation and Recovery Act (RCRA).  The $2.5 million civil penalty will be split evenly between the United States and state of Louisiana.  The stipulation of settlement, filed in the U.S. District Court for the Western District of Louisiana, is subject to a 45-day public comment period and approval by the federal court.

Who:

From Wikipedia:

CCS Midstream Services, a Calgary, Alberta company is an operating company of Tervita (formerly CCS Corporation). Tervita has customer service facilities operating in Saskatchewan, Alberta and British Columbia and has become the largest company in Western Canada specializing in treatment, recovery and disposal of petroleum by-products.

CCS (USA) Inc. is a U.S. Branch of the Canadian company.  Its headquarters are in Houston, TX.

What:

Violations of the environmental regulations of this sort can impact air, land, and water.  The fine reflects the severity of the environmental impact and its breadth.

Where:

CCS Corporation (Tervita) is based in Calgary, Alberta in Canada.

UCS (USA) Inc. is based in Houston, TX.

The site of the alleged RCRA violations is a wastewater treatment plant in Shreveport, LA.

When:

CCS purchased the Shreveport, LA facility in 2006.  At the time of the sale the USEPA and the Louisiana Department of Environmental Quality discovered the violations.  The former owner of the site was sentence to a five-year prison sentence for the violations.  CCS ceased wastewater treatment operations at the site at that time (~2006) and began removal of hazardous waste illegally stored on-site under the supervision of the USEPA.

USEPA news release date July 10, 2014.

Why:

The improper treatment, storage, and disposal of waste – especially hazardous waste – can cause significant environmental damage and affect the health and safety of people impacted by it.  It is the purpose of the Resource Conservation and Recovery Act – and other Federal and State regulations – to prevent damage to human health and the environment through the improper management of waste.

How:

As a state with an authorized hazardous waste program, the Louisiana Department of Environmental Quality cooperated with the USEPA in the prosecution of this case.

Conclusion:

Contact me with any questions you may have about the management of hazardous waste

Daniels Training Services

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https://www.danielstraining.com/

The cost of training your hazardous waste personnel versus fines of this amount are no comparison.  Contact me for a free RCRA Training consultation.

Company in Baltimore Settles With USEPA Regarding Alleged RCRA Violations. Pays $39,400 Penalty.

The Bullet:

The owner/operator of a manufacturing facility in Baltimore, MD agreed to a settlement with the USEPA over its alleged violations of Federal regulations based on the Resource Conservation and Recovery Act (RCRA).  As part of settlement the company agreed to come into full compliance with state and Federal regulations and to pay a penalty of $39,400.

Who:

Simpson Strong-Tie Company, Inc. manufactures epoxy-based products, grout and cement products, and fiberglass molds.

USEPA contact:  Donna Heron 215-814-5113 / heron.donna@epa.govLogo for US Environmental Protection Agency

What:

The alleged violations involve containers of spent acetone and spent dibasic ester managed as hazardous waste and include:

  • Failure to make a hazardous waste determination.
  • Failure to keep hazardous waste containers closed except when adding or removing waste.
  • Failure to label and date hazardous waste containers
  • Failure to provide proper EPA identification numbers on hazardous waste manifests.

As part of this settlement, the company has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA regulations.

Where:

The company operates a manufacturing plant located at 3100 Falls Cliff Rd., Baltimore, Md.

When:

Initial USEPA inspection of facility in April of 2012.

USEPA news release of settlement dated June 10, 2014.

Why:

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. By complying with regulatory requirements for managing hazardous waste, the company will significantly reduce the possibility of accidents that could contaminate soil and groundwater.

How:

Though Maryland has an authorized hazardous waste program administered by the Maryland Department of the Environment, in this case the USEPA was the lead Agency in settling this issue with the company.Maryland Department of Environment

Conclusion:

How expensive is training?  How much time will it take?  Will it be a big hassle?  My answer to these questions, and others like it, is that my training is much less expensive and time-consuming than a single violation of the Federal or State hazardous waste regulations.  If you’re a Large Quantity Generator of hazardous waste you must provide annual training for all of your Facility Personnel who are exposed to hazardous waste.  Confused?  Don’t be.  Contact me for a free RCRA Training consultation.

Contact me with any questions you may have about the transportation of hazardous materials

 

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Former Texas Logistics Company Manager Sentenced for Falsifying Shipping Documents

The Bullet:

The deliberate falsification of HazMat shipping papers by a company official led to conviction and sentencing in a criminal court.

TCEQ training for hazardous waste personnel

The USEPA may enforce Federal regulations even in states such as Texas that have authorized hazardous waste programs of their own.

Who:

The Defendant is Mr. Ryan Thomas, former Logistics Manager for CES Environmental Services in Houston, Texas.

The case was investigated by EPA’s Criminal Investigation Division and the U.S. Department of Transportation, the Texas Commission on Environmental Quality, the Houston Police Department, the U.S. Department of Labor and the U.S. Coast Guard. It was prosecuted by the Department of Transportation with assistance of Department of Justice’s Environmental Crimes Section.

What:

Mr. Thomas was sentenced to 12 months’ probation, ordered to pay a $500 fine, and to serve 100 hours of community service.

Where:

The CES Environmental Services facilities in question are located in Houston and Port Arthur, TX.

Mr. Thomas was sentenced in U.S. District Court in Beaumont, Texas.

When:

Mr. Thomas was sentenced on July 14, 2014.

Why:

Mr. Thomas produced manifests that falsely indicated that three cargo tank motor vehicles of wastewater originated from the CES Houston plant when in fact, they were produced and shipped from the CES Port Arthur (PACES) plant.  The PACES location had been placed on a moratorium after a November 3, 2008, accident in which a CES driver was overcome by vapors released during the offloading of wastewater.  The disposal facility placed the moratorium on all loads of waste-water from the PACES location until the cause of the accident could be identified and new inbound load testing protocols were agreed to.  Mr. Thomas’ actions sought to circumvent this moratorium.

How:
US Department of Justice will prosecute RCRA & HazMat violations

Criminal prosecution may result from deliberate violations of Agency regulations

The deliberate falsification of HazMat shipping papers caused this case to be treated as a criminal case and not a civil.  The USEPA has the authority to turn cases such as these over to the Department of Justice who then prosecutes criminal cases on their behalf.

Conclusion:

Usually, violations of Agency regulations result in civil penalties and forfeitures.  In situations where deliberate falsification is suspected – such as this one – criminal prosecution may result.  Whether civil or criminal, no person or company wants to subject itself to the problems that non-compliance can bring.  Make certain that your facility is in compliance with the regulations of the USEPA, your state, and the USDOT for the cradle-to-grave management of hazardous waste and the transportation of hazardous materials.  I can assist you with compliance in several ways:

Contact me with any questions you may have about the transportation of hazardous materials

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
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Industrial Finishing Services investigated by MPCA for air quality, hazardous waste violations

The Bullet:

Industrial Finishing Services, a metal coating company, has been cited for air quality and hazardous waste violations at its facility in Perham. The company had been emitting hazardous air pollutants in quantities larger than allowed by its permit and had also begun construction on a new expansion before receiving a required MPCA permit. IFS has agreed to changes that will bring the facility into compliance with regulations and will pay a $60,000 civil penalty.  View the MPCA News Release.MPCA

Who:

Industrial Finishing Services (IFS), a metal coating company.

MPCA, the Minnesota Pollution Control Agency is authorized to manage the hazardous waste program of the Resource Conservation and Recovery Act in the State of Minnesota.

St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar
www.pca.state.mn.us

Toll-free and TDD 800-657-3864
What:

Alleged violations include:

  • Emissions of volatile organic compounds (VOCs) in excess of the facility’s permit thresholds.
  • Failure to install and operate a thermal oxidizer to control the emissions of hazardous air pollutants associated with the company’s coatings.
  • Failure to apply in a timely manner for a different category of air permit due to increasing levels of air emissions; should have applied in 2009 but did not do so until 2014.
  • Begun construction on a new expansion before receiving a required MPCA permit.
  • Issues with the RCRA Contingency Plan and emergency response planning.
  • Initial (within 6 months) and annual training of Facility Personnel.
  • Use of a non-licensed site for hazardous waste disposal.
  • Pollution risks posed by hazardous waste at the facility.

The company has agreed to changes that will bring the facility into compliance with air pollution and hazardous waste regulations. Many of the corrective actions have been completed. The company has also agreed to pay a $60,000 civil penalty.

Where:

Industrial Finishing Services (IFS) facility subject to these violations is located in Perham, MN.

When:

Initial MPCA inspection conducted Fall of 2013.  News release dated July 3, 2014.

Why:

The mission of the MPCA is to protect and improve the environment and enhance human health

How:

In Minnesota, the MPCA has the authority to create and enforce its own state-specific hazardous waste regulations as long as they are at least as strict and as broad as those of the USEPA.

Conclusion:

The proper management of hazardous waste requires awareness of both Federal and State regulations.  Failure to comply can result in significant fines and penalties.  Consider the cost of my Onsite Training versus a civil penalty such as this.  Once you do, please contact me for a free training consultation.

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Clean Harbors El Dorado, LLC fined $581,236 for Hazardous Waste Violations

The Bullet:

A big name Treatment Storage and Disposal Facility that should have known better got itself fined for what amounts to as a mis-interpretation of 40 CFR 261.2(e).  If you ever thought that some firms (the ones you know by name) are too big to make mistakes in complying with the hazardous waste regulations, think again.

Who:

United State Environmental Protection Agency (USEPA) Region 6.

Clean Harbors El Dorado, LLC

What:

The facility specializes in the treatment of hazardous and non-hazardous wastes by high temperature incineration. As part of its operations, Clean Harbor’s generated hazardous waste that was improperly sold as a commercial substitute. Under the federal RCRA program, hazardous substances must be stored, handled and disposed of using measures that safeguard public health and the environment. This waste is no longer being sold and all wastes are now properly being disposed.

Where:

El Dorado, AK

When:

Announced May 13, 2014.  Initial inspections that brought the violations to light were in 2009 & 2011.

Why:

EPA Regional Administrator Ron Curry:  “Environmental protection is everyone’s job and companies must follow our environmental laws.  Communities expect company’s work practices to protect lives and the environment. By enforcing the law, we do our part in protecting people where they live, work and play.”

How:

The USEPA is tasked with protecting the land, water, and air of the US from excessive environmental damage.

Conclusion:

As part of the agreement, Clean Harbors has also committed to conduct an environmental project, valued at $750,000 routing hazardous emissions from hazardous waste storage tanks to the secondary combustion chamber.

Read the USEPA Press Release

If a big company like Clean Harbors can make a mistake about the hazardous waste regulations, and then be fined because of that mistake, it behooves all of us to ensure we have received the proper training.  Please contact me for your free training consultation.

What’s Wrong With This Picture? Errors Made by Generators of Universal Waste

The universal waste regulations of the USEPA provide an option for generators of certain hazardous waste to manage them according to a lower regulatory standard:  The Universal Waste Regulations.  To take advantage of this “de-regulation” of a hazardous waste, generators need only comply with some basic regulations pertaining to its onsite management and off-site disposal.  You can learn more about the management of Universal Waste from my article:  The Universal Waste Option for the Management of Hazardous Waste.

The USEPA hazardous waste currently eligible for the Universal Waste option are:

  • Lamps
  • Batteries
  • Mercury-Containing Devices
  • Recalled or Canceled Pesticides

While states may differ in what they identify as a Universal Waste and in some of the on-site management requirements, they all agree that Universal Waste must be sent for disposal or recycling to a Universal Waste Destination Facility.  A business can not simply throw Universal Waste in the trash with its regular garbage.

Improper disposal of universal waste lamps

Does this look like proper management of a Universal Waste?

 

**NOTE:  It may be possible for a Conditionally Exempt Small Quantity Generator of hazardous waste or a homeowner to send its Universal Waste to a Municipal Solid Waste Landfill for disposal with its regular trash or garbage.  However, this is not recommended and some states out-right ban the landfill disposal of fluorescent lamps.

Not sure of your hazardous waste generator status?

Take this short survey

Whatever your hazardous waste generator status or your status as a handler of universal waste, you and your employees will benefit from some form of my training services.  Please contact me to discuss the best training option for you:

Ammunition Manufacturing Facility in Anoka, MN Find $44,500 by MPCA for Hazardous Waste Violations

The Bullet:

Federal Cartridge Company has been fined and required to take corrective actions as a result of hazardous waste violations at its ammunition manufacturing facility in Anoka, MN.

Read the press release:  Federal Cartridge Company in Anoka penalized for hazardous waste violations

Contact:  Stephen Mikkelson of MPCA at (218) 316-3887 for more information.

Who:
What:

Federal Cartridge Company has been assessed a fine of $44,500 for the following violations of MPCA regulations:

  • Failure to clean up a discharge of wastewater containing lead.  The leachable concentration of lead in the discharge was determined to be greater than the regulatory threshold of 5.0 mg/L and therefore a hazardous waste for the Toxicity Characteristic of Lead.  By not promptly cleaning-up the discharge of wastewater it becomes on-site disposal of hazardous waste to land without a permit.
  • Failure to gain prior approval from MPCA or to modify its hazardous waste facility permit for construction of a waste treatment tank.  Since the press release refers to a “waste treatment tank” and not a wastewater treatment tank, I assume that Federal Cartridge Company treats its own hazardous waste on-site to reduce it’s volume, make it non-hazardous, or make it easier or cheaper to dispose of.  Further, reference is made to the company’s “hazardous waste facility permit”.  Treatment of wastewater is regulated under the Clean Water Act (CWA) whereas treatment of waste is regulated under the Resource Conservation and Recovery Act (RCRA).
Where:

Federal Cartridge Company is located in Anoka, MN

MPCA & hazardous waste regulations in Minnesota

Be sure you’re in compliance with the MPCA!

When:
  • Initial inspection by MPCA conducted May 2013.
  • Construction project (without MPCA approval) initiated later in 2013.
  • Penalty announced by the MPCA March 19, 2014.
Why:

The actions of Federal Cartridge Company are viewed by MPCA to be a threat to the health and safety of the people and environment of Minnesota and therefore require correction and a penalty.

How:

As a state with an authorized hazardous waste program under RCRA, the MPCA is responsible for the enforcement of hazardous waste regulations in Minnesota.  A state may make its own regulations more strict and more broad than those of the USEPA, which MPCA has done.  MPCA may enter a facility at any reasonable time to conduct an inspection of its property, collect samples for analysis, and review company records.

Conclusion:

Two important take-aways from this incident:

  1. A spill or release that is not promptly cleaned-up may be identified as disposal by a regulatory agency.  If the spill or residue is a hazardous waste, then watch out!
  2. No action should be taken at an industrial facility (and not just industrial, take a look at the $81 MILLION fine paid by WalMart) without considering the impact on environmental regulatory compliance, state and Federal.

Daniels Training Services

815.821.1550/Info@DanielsTraining.com/https://www.danielstraining.com/

Baltimore Companies Pay Fines to USEPA for Alleged Violations of RCRA

The regulations enacted under the authority of the Resource Conservation Recovery Act (RCRA) and its many amendments are enforced by both the USEPA and States if they have an authorized hazardous waste program.  In this situation, though its state regulations are enforced by the Maryland Department of the Environment, the USEPA took the lead in imposing fines for the alleged violations of both state and Federal hazardous waste storage regulations.

Please review my summary of the USEPA enforcement action below, or you can read the USEPA press release here:  EPA Settlement with Baltimore Companies Helps Provide Safe Handling of Hazardous Waste (more…)

Phoenix Color Corp. Settles Hazardous Waste Violations at Hagerstown Facility

Determine your Hazardous Waste Generator Status

in Maryland

Release Date: 01/13/2014
Contact Information: Donna Heron 215-814-5113 / heron.donna@epa.gov

PHILADELPHIA ( Jan. 13, 2014) — Phoenix Color Corp. has agreed to pay a $45,000 penalty to settle alleged violations of hazardous waste regulations at its facility on Phoenix Drive in Hagerstown, Md., the U.S. Environmental Protection Agency announced today. 

 

Hazardous Waste Training and HazMat Employee Training in Maryland

Maryland has an authorized Hazardous Waste Program

EPA cited Phoenix Color 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 November 12, 2012 inspection, EPA cited the company for RCRA violations involving hazardous waste stored at the facility, including spent non-halogenated solvents, corrosives and mercury-containing fluorescent bulbs.

The alleged violations included : 1) operating a hazardous waste storage facility without a RCRA permit or interim storage status; 2) failure to make a hazardous waste determination; 3) failure to keep hazardous waste containers closed; 4) failure to inspect containers in a 90-day storage area; 5) failure to provide annual hazardous waste management training; 6) failure to maintain hazardous waste management job descriptions; and 7) failure to prepare and implement a complete hazardous waste emergency plan. 

The settlement penalty reflects the company’s compliance efforts, and its cooperation with EPA in the resolution of this matter. As part of the settlement, Phoenix Color has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA requirements. 

For more information about hazardous waste and RCRA, visit http://www.epa.gov/epawaste/hazard/index.htm

Read the press release here.

It’s no surprise to me that among the alleged violations this company faced is a failure to train its Facility Personnel per the requirements of 40 CFR 265.16.  Good training like mine will fulfill the regulatory requirements and give you and your employees the knowledge and the tools to prevent these kinds of violations while protecting the environment.

The cost of training and compliance is a fraction of alleged violations such as these.  Contact me now to discuss your RCRA training options.

Daniels Training Services

815.821.1550/Info@DanielsTraining.com/www.DanielsTraining.com

Warner Graham Settles Hazardous Waste Violations at Cockeysville, Md., Facility

Determine your Hazardous Waste Generator Status

in Maryland

Release Date: 01/13/2014
Contact Information: Donna Heron 215-814-5113 / heron.donna@epa.gov

Hazardous Waste Training and HazMat Employee Training in Maryland

Maryland has an authorized Hazardous Waste Program

PHILADELPHIA (Dec.. xx, 2013) — Warner Graham, LLP, has agreed to pay a $80,650 penalty to settle alleged violations of hazardous waste regulations at its industrial solvent repackaging facility in Cockeysville, Md., the U.S. Environmental Protection Agency announced today. 

EPA cited the company 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 an April 2012 EPA inspection, and follow-up investigations, EPA cited Warner Graham for RCRA violations involving solvent waste, which is a hazardous waste stored at the facility. The alleged violations involved several RCRA regulations, including requirements for hazardous waste monitoring and inspections, employee training, equipment and tank testing, equipment marking, secondary containment, contingency planning, recordkeeping and reporting. 

In addition to the $80,650 penalty, the company has agreed to perform a $24,550 project to install a less permeable floor beneath the product storage tank area. This project, which exceeds regulatory requirements, will help minimize the potential environmental risk in the event of any accidental releases from these tanks.

The settlement penalty reflects the company’s compliance efforts, and its cooperation with EPA in resolving this matter. As part of the settlement, the company has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA requirements. 

For more information about hazardous waste and RCRA, visit http://www.epa.gov/epawaste/hazard/index.htm

Read the press release here.

Once again a facility faces significant fines and penalties for the violation (alleged) of the RCRA regulations.  It is not uncommon in a situation such as this where a list of violations is indicated, “…requirements for hazardous waste monitoring and inspections, employee training, equipment and tank testing, equipment marking, secondary containment, contingency planning, recordkeeping and reporting.” that one of the violations includes a failure to train Facility Personnel per the requirements of 40 CFR 265.16.  Initial and annual training of your employees will not only fulfill the requirements of 40 CFR 265.16, it will also teach them how to do their job in compliance with the regulations.  Thorough, high-quality training like mine will go even further, giving you and your employees the knowledge to find the potential violations of the RCRA regulations and the tools to fix them.  Good training saves you money and the head aches and bad press that goes along with violations.

Daniels Training Services

815.821.1550/Info@DanielsTraining.com/www.DanielsTraining.com

Please don’t hesitate to contact me about the regulations of the USEPA or Maryland for the management of hazardous waste.