Compliance and Enforcement

EBV Explosives Environmental Company to Pay $580,135 Penalty for Air, Hazardous Waste Violations at Carthage, Mo.

Release Date: 12/19/2012

Contact Information: Ben Washburn, 913-551-7364, washburn.ben@epa.gov

Environmental News

FOR IMMEDIATE RELEASE

(Lenexa, Kan., Dec. 19, 2012) – EBV Explosives Environmental Company, doing business as General Dynamics Ordnance and Tactical Systems – Munitions Services, has agreed to pay a $580,135 civil penalty to settle alleged violations of the Clean Air Act and Resource Conservation and Recovery Act (RCRA) at its facility in Carthage, Mo.

In February 2011, EBV sent a letter to EPA that informed the Agency that stack tests conducted in October 2010 indicated that the hydrogen chloride emission rate at the facility was above permitted levels.

Alleged violations at the facility include operation of a thermal treatment unit without obtaining a valid permit, in violation of the Missouri State Implementation Plan and the Clean Air Act; operating in noncompliance with its Hazardous Waste Management Facility permit from the Missouri Department of Natural Resources on several occasions by exceeding its permitted emission limits for dioxins and furans, hydrogen chloride and chlorine gas, and particulate matter and its permitted operating parameters for stack flow rate; and failure to operate monitors that record the operating parameters and conditions used to verify compliance with the permit.

EPA and EBV entered into an Administrative Order on Consent under the Clean Air Act in January 2012, which required EBV to install equipment to reduce the facility’s hydrogen chloride emissions below permitted levels. Since the order was issued, EBV installed a scrubber, made associated changes to the Propellant Thermal Treatment Unit, and completed stack testing to demonstrate that the facility’s emissions are below permitted levels.

“EPA’s enforcement of these important environmental laws has caused EBV to cut particulate emissions by approximately 1,240 pounds per year and hydrogen chloride and chlorine gas emissions by 200,000 pounds per year,” said EPA Region 7 Administrator Karl Brooks. “EBV’s commendable step to install and operate new technology to prevent excess emissions of these chemicals will mean cleaner air and better health for Carthage area residents.”

As a result of the settlement, EBV has agreed to provide EPA with documentation on a monthly basis that demonstrates it is in full compliance with its RCRA permit.

Behlen Manufacturing Company to Pay $59,996 Civil Penalty for Hazardous Waste Violations in Columbus, NE

(Lenexa, Kan., Nov. 5, 2012) – Behlen Manufacturing Company, an agricultural and industrial product manufacturer, has agreed to pay a $59,996 administrative civil penalty to settle a series of Resource Conservation and Recovery Act (RCRA) violations in Columbus, Neb.

In addition to paying the civil penalty, the company will spend a minimum of $75,578 to install pollution reducing equipment as part of a supplemental environmental project.

According to an administrative consent agreement filed by EPA Region 7 in Kansas City, Kan., EPA representatives conducted a compliance evaluation inspection at the company’s Columbus facility in October 2009, and noted several RCRA violations. RCRA regulates the storage, handling, and labeling of hazardous waste.

“Behlen Manufacturing was cooperative throughout the negotiation process,” EPA Region 7 Administrator Karl Brooks said. “The innovative environmental project that Behlen will complete will turn wastes into a useful product and is an example of environmental stewardship for similar companies to follow.”

The violations at Behlen Manufacturing included failure to perform a hazardous waste determination, operating a hazardous waste storage facility without a RCRA permit, and failure to comply with universal waste requirements.

By agreeing to the settlement with EPA, Behlen Manufacturing Company has certified that it is now in compliance with all requirements of the RCRA regulations.

This article documents the fines paid by Behlen, but it can’t account for the loss to its good name by publicity of this sort.  Nor does it account for lawyer fees (you know lawyers were involved).  And yet, the cost for compliance is so low.  What would it take to prevent these violations from occurring?  Using the above news release as a guide, I say a few hours of documenting a hazardous waste determination, staying on top of hazardous waste accumulation dates through weekly inspections, and proper labeling and handling of universal waste.  I cover all of these topics, and a lot more, in my RCRA training (on-site or public workshops).  Contact me for a free consultation on your training needs and don’t let the next news release be about your company.

Maryland Air National Guard Settles Hazardous Waste Violations at Baltimore Facility

PHILADELPHIA (Oct. 18, 2012) — In a consent agreement with the U.S. Environmental Protection Agency, the Maryland Air National Guard (MDANG), 175th Wing, has agreed to pay a $75,000 penalty to settle alleged violations of hazardous waste regulations at its facility at 2701 Eastern Blvd., Baltimore, Md.

EPA cited MDANG 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.

The consent agreement resolves alleged violations discovered in an April 2011 inspection of the facility. According to EPA, MDANG stored hazardous waste for more than 90 days without a RCRA hazardous waste permit or interim status, failed to provide annual hazardous waste training to some of its employees for a three-year period, and violated RCRA rules on labeling and recordkeeping. The wastes involved in these alleged violations include lubricants, paints, sealants, cleaning solutions and adhesive wastes. These wastes are hazardous because they exhibited the characteristics of being ignitable, corrosive or toxic due to chromium, methyl ethyl ketone or other compounds.

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

Compliance with the RCRA regulations begins with training.  Contact me to learn just what training you need to ensure this doesn’t happen to you.

Sunoco Settles Hazardous Waste Violations at its Former Philadelphia Facility

PHILADELPHIA (Oct. 25, 2012) — Sunoco, Inc. (R&M) has agreed to pay a $117,000 penalty to settle alleged violations of hazardous waste regulations at its former facility located at 4701 Margaret St., Philadelphia, Pa., the U.S. Environmental Protection Agency announced today. 

EPA cited Sunoco 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.

According to EPA, Sunoco violated RCRA requirements involving hazardous waste storage. The alleged violations related to storage of a hazardous waste (phenol sludge) without a RCRA hazardous waste permit; storage of a leaking spent lead-acid battery; and failure to keep universal waste lamps in a closed container.

The violations were discovered in an EPA inspection in September 2010. Sunoco subsequently sold this facility in July 2011. 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, Sunoco has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA requirements.

Compliance begins with training.  Contact me for a free consultation of your training requirements for both hazardous waste and the transportation of hazardous materials.

U.S. Navy Settles Hazardous Waste Violations at its Patuxent River Naval Air Station

PHILADELPHIA (Oct. 23, 2012) — The U.S. Navy has agreed to pay a $38,500 penalty to settle alleged hazardous waste violations at the Naval Air Station Patuxent River, located at 22268 Cedar Point Road in Patuxent River, Md.

This settlement resolves alleged violations alleged by EPA of 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 EPA inspection, the U.S. Navy was cited for allegedly failing to determine whether waste was hazardous, failing to maintain aisle space to allow for the movement of personnel and fire protection equipment, failing to conduct weekly inspections of waste containers for leaks and deterioration, failing to mark each container with a date and whether it contained hazardous waste, failing to keep hazardous waste containers closed during storage, and failing to properly maintain leak detection and spill prevention equipment on underground storage tanks.

The violations were found in 11 buildings including: the public works transportation, the hazmat warehouse, the Webster field annex, hangar, fleet readiness center, and the materials lab.

The $38,500 settlement penalty reflects the Navy’s cooperation in resolving this matter. The Navy has certified its compliance with applicable hazardous waste requirements.

Compliance with the regulations begins with training.  Contact me for a free training consultation.

Military Installations Subject to RCRA Regulations?

Are the military installations of the US Government subject to the US EPA regulations for hazardous waste derived from the Resource Conservation and Recovery Act (RCRA)?  Read on…

Maryland Air National Guard Settles Hazardous Waste Violations at Baltimore Facility

PHILADELPHIA (Oct. 18, 2012) — In a consent agreement with the U.S. Environmental Protection Agency, the Maryland Air National Guard (MDANG), 175th Wing, has agreed to pay a $75,000 penalty to settle alleged violations of hazardous waste regulations at its facility at 2701 Eastern Blvd., Baltimore, Md.

EPA cited MDANG 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.

The consent agreement resolves alleged violations discovered in an April 2011 inspection of the facility. According to EPA, MDANG stored hazardous waste for more than 90 days without a RCRA hazardous waste permit or interim status, failed to provide annual hazardous waste training to some of its employees for a three-year period, and violated RCRA rules on labeling and recordkeeping. The wastes involved in these alleged violations include lubricants, paints, sealants, cleaning solutions and adhesive wastes. These wastes are hazardous because they exhibited the characteristics of being ignitable, corrosive or toxic due to chromium, methyl ethyl ketone or other compounds. (more…)

U.S. Navy Settles Hazardous Waste Violations at its Patuxent River Naval Air Station

PHILADELPHIA (Oct. 23, 2012) — The U.S. Navy has agreed to pay a $38,500 penalty to settle alleged hazardous waste violations at the Naval Air Station Patuxent River, located at 22268 Cedar Point Road in Patuxent River, Md.

This settlement resolves alleged violations alleged by EPA of 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 EPA inspection, the U.S. Navy was cited for allegedly failing to determine whether waste was hazardous, failing to maintain aisle space to allow for the movement of personnel and fire protection equipment, failing to conduct weekly inspections of waste containers for leaks and deterioration, failing to mark each container with a date and whether it contained hazardous waste, failing to keep hazardous waste containers closed during storage, and failing to properly maintain leak detection and spill prevention equipment on underground storage tanks.

The violations were found in 11 buildings including: the public works transportation, the hazmat warehouse, the Webster field annex, hangar, fleet readiness center, and the materials lab.  (more…).

Many people are unaware that the US EPA’s hazardous waste regulations under RCRA apply to military installations of the US Government the same way they apply to any other business in the US.  The US EPA is serious about its mandate to protect the environment and will not hesitate to inspect, cite, and fine a military installation if it finds violations of the RCRA regulations.  The basis for US EPA ‘s authority over military installations is derived from the Federal Facilities Compliance Act of 1992.  Read my article for a more thorough understanding of Military Munitions, RCRA, and the Federal Facilities Compliance Act of 1992.

Whether you are a business or a government agency (Federal, State, County, or Municipal) you are subject to the hazardous waste regulations of the US EPA.  Compliance requires knowledge and the right tools to do the job.  Both of these, and a lot more, you can get from my training services.  Either in Public Workshops or On-Site.  Contact me for  your free training consultation.

U.S. EPA Fines U.S. Pipe Company for Hazardous Waste Violations

“Baghouse dust” improperly managed, posed threat to worker safety

SAN FRANCISCO – The U.S. Environmental Protection Agency has fined the Union City, Calif.-based United States Pipe and Foundry Company (U.S. Pipe) $158,000 for improperly managing “baghouse dust,” a hazardous waste containing cadmium and lead generated from iron pipe fabrication, under the federal Resource Conservation and Recovery Act (RCRA).

EPA discovered in an August 2011 inspection that U.S. Pipe had failed to contain the dust, which was found on the ground of the facility.  The facility cleaned up the spilled dust and soil where the dust was found, and conducted subsequent sampling to ensure all contamination was removed.

“EPA is committed to ensuring hazardous waste is properly managed,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest.  “Preventing the release of this dust is critical to protect U.S. Pipe workers and the environment.”

Following EPA’s findings, U.S. Pipe modified its operational practices to minimize the potential for future releases and improved staff training in proper dust management.

The Resource Conservation and Recovery Act authorizes EPA to oversee the generation, transportation, treatment, storage, and disposal of hazardous waste.  Under RCRA, hazardous waste must be stored in closed and labeled containers.

For more information on the Resource Conservation and Recovery Act, visit:  http://www.epa.gov/lawsregs/laws/rcra.html.

Boehringer Ingelheim Vetmedica, Inc., in St. Joseph, Mo., to Pay Penalty and Build New Hazardous Waste Facility for Mercury Violations

Release Date: 09/24/2012

Contact Information: Ben Washburn, 913-551-7364, washburn.ben@epa.gov

(Kansas City, Kan., Sept. 24, 2012) – Boehringer Ingelheim Vetmedica, Inc., a veterinary health products company, has agreed to pay a $68,475 civil penalty to the United States to settle a series of Resource Conservation and Recovery Act violations based on its mishandling of mercury waste in St. Joseph, Mo.

In addition to paying the civil penalty, the company will spend a minimum of $300,000 to build a state-of-the art hazardous waste storage facility at the site as part of a supplemental environmental project.

According to an administrative consent agreement and final order filed by EPA Region 7 in Kansas City, Kan., EPA representatives inspected the company’s St. Joseph facilities in May 2010, and noted several violations of the federal Resource Conservation and Recovery Act (RCRA), which regulates hazardous waste. Boehringer generates mercury as part of its vaccine production process.

“The proper handling and management of hazardous waste is an integral part of protecting human health and the environment,” EPA Region 7 Administrator Karl Brooks said. “In the event of an accidental release on site or while in transport, proper labeling, storing, and management practices can help reduce the risk of exposure to hazardous material by response personnel as well as reduce risk to public health by identifying the necessary and proper cleanup methods.”

The violations included failure to perform hazardous waste determinations on multiple waste streams, storing hazardous wastes without a RCRA permit, failing to comply with generator requirements, sending hazardous waste containing mercury to a non-authorized facility, transporting hazardous waste without a hazardous waste transporter license or manifest, failure to comply with universal waste lamp requirements, and failure to comply with recycled used oil management standards.

By agreeing to the settlement with EPA, Boehringer Ingelheim Vetmedica, Inc., has certified that it is now in compliance with all requirements of the RCRA regulations.

Proper training is the answer to the question, “How can I avoid these violations?”  Contact me to receive the training you need to learn what you need to know to maintain compliance.

Alaskan Municipality Fined for Hazardous Waste Violations

Contact Information: Hanady Kader, EPA Public Affairs, 206-553-0454, kader.hanady@epa.gov Jack Boller, EPA RCRA Unit, 206-553-2953, boller.jack@epa.gov

(Seattle—Sept. 14, 2012) The Kenai Peninsula Borough has agreed to construct a building to store hazardous waste following violations of federal waste management rules at its maintenance facility in Soldotna, Alaska, according to a settlement with the U.S. Environmental Protection Agency.

“Proper hazardous waste management prevents costly, dangerous spills and keeps communities safe,” said Scott Downey, Manager of the Hazardous Waste Compliance Unit in EPA’s Seattle office. “We’re glad that the shop will soon have a building where it can manage hazardous waste more effectively.”

An EPA inspection in 2009 identified hazardous waste violations. The facility failed to determine if waste it was managing was hazardous waste, and failed to label containers of hazardous waste and used oil waste. The substances included paint thinners, kerosene and a mix of solvent and anti-freeze. The improperly labeled containers ranged in size from two-gallon containers to a 300-gallon tank.

The borough offered to construct the building to store hazardous waste as a way to mitigate the penalty EPA sought to address the violations of the Resource Conservation and Recovery Act. Under the settlement, the borough will construct and operate the building and pay a penalty of nearly $12,800.

Good training, my training, serves several purposes.  It will fulfill the training requirements of the US EPA for large quantity generators of hazardous waste and it will inform you of the applicable regulations and what you must do to maintain compliance.  Good training, my training, will reduce or eliminate the potential for this type of violations and fines.  Contact me to determine the kind of training that is right for you.

EPA Fines U.S. Virgin Islands Health Department for Long Term Mismanagement of Chemicals and Pesticides; Decaying and Mislabeled Containers Found at Two Facilities

(New York, N.Y.) The U.S. Environmental Protection Agency has found that the U.S. Virgin Islands Department of Health violated federal law governing the handling and storage of hazardous waste at two of its facilities and has fined the agency $68,000 for the violations. EPA inspections at the facilities, the Old Municipal Facility in Charlotte Amalie, St. Thomas and 3500 Estate Richmond, Christiansted in St. Croix, found unlabeled and decaying containers of chemicals and pesticides on the properties. Many of the containers spilled and the USVI Department of Health failed to properly identify what types of waste were being stored. In some instances, the hazardous chemicals had been kept on-site for over ten years in a state of neglect and decay. Among the hundreds of hazardous chemicals on-site were pyrethrin (a neurotoxin), chlorpyrifos (an insecticide) and calcium hypochlorite (a bleach) – all of which are toxic. Federal environmental law requires hazardous chemicals to be stored, handled and disposed of properly to safeguard public health and the environment.

Pesticides and insecticides are intended to harm or kill pests and are toxic by design. They can be very harmful to people’s health depending on the toxicity of the pesticide and the level of exposure. Pesticides have been linked to various forms of illnesses in humans, ranging from skin and eye irritation to cancer. Some pesticides may also affect the hormone or endocrine systems. All chemicals should be handled properly to protect people’s health. 

“Pesticides are chemicals that must be handled and stored carefully and properly to protect the health of workers and the people who live near the facilities,” said Judith A. Enck, EPA Regional Administrator. “In this case, the U.S. Virgin Islands Department of Health repeatedly violated federal hazardous waste laws. Government, especially a health agency, should lead by example and ensure that pesticides and chemicals are properly handled.”

The Department of Health stores pesticide products to be used in the event of an outbreak of infectious disease. Among the violations, the Department of Health failed to determine which substances should be considered hazardous waste, as required by law, to ensure that they are managed properly. Correctly determining whether a waste meets the definition of hazardous waste is essential to determining how the waste must be managed. The Department of Health also failed to maintain and operate its facilities in a manner that minimized the possibility of a fire, explosion or accidental release of chemicals. 

In 1998, the Department of Health asked the EPA for help in removing and properly disposing of outdated chemical products stored in one of its chemical storage buildings at the Old Municipal Facility in Charlotte Amalie, St. Thomas. The EPA responded, removed and properly disposed of the outdated chemicals and pesticides. Over 850 gallons of liquid pesticides and over 1,700 pounds of solid pesticides were removed by the EPA. Subsequently, the EPA strongly recommended that the Department of Health develop and follow pesticide storage and handling regulations to avoid a repeat of the environmental hazard.

In 2008, the EPA conducted an inspection of the St. Thomas facility and also visited 3500 Estate Richmond in St. Croix. Once again, the EPA observed conditions of neglect and sloppy practices. Pesticide products were abandoned and had spilled throughout the facilities. The EPA reiterated the need for the development of and adherence to a pesticide storage and handling program. 

On September 30, 2010, the EPA ordered the Department of Health to institute a program to properly manage and dispose of pesticide products. Since the initial order, the department has properly removed all outdated chemicals, conducted an inventory of the remaining chemicals, properly stored them and created a pesticide storage and handling program. The EPA conducted follow-up inspections in 2011 and confirmed that the remaining chemicals were properly stored. In March 2012, the EPA issued its final order in this case, requiring the Department of Health to pay a $68,000 penalty.