alaska

Army Settles With EPA for Hazardous Waste Violations at Fort Wainwright, AK – Pays $59,220 in Penalties

The Bullet:

The U.S. Environmental Protection Agency has reached a settlement with the U.S. Army for alleged violations of its hazardous waste permit at Fort Wainwright, Alaska. As part of the settlement, the Army has agreed to pay $59,220 in penalties for violations of the Resource Conservation and Recovery Act (RCRA).

Who:

Logo for US Environmental Protection AgencyU.S Environmental Protection Agency Region 10.

Fort Wainwright, a U.S Army base.

What:

EPA alleges that the Army violated its RCRA permit by failing to notify the Agency when an old munitions and explosives dump was discovered within the Fort’s Small Arms Range Complex in June 2013.

The U.S Army paid $59,220 in penalties as part of the settlement.

Where:

The U.S Army base Fort Wainwright is located on the eastern border of Fairbanks, encompassing over 900,000 acres and includes a range complex, maneuver areas, missile sites, and a garrison.

When:
  • EPA listed Fort Wainwright on the Superfund National Priorities List:  1990.
  • Initial investigation of the site:  2013.
  • Old munitions and explosives dump discovered within the Fort’s Small Arms Range Complex:  June 2013.
  • Army required to notify EPA of its knowledge of the dump:  within 15 days.
  • EPA learned of the dump in a technical memo from the Army’s contractor:  more than a year later.
  • The Army conducted a partial cleanup at the site:  2015.
  • Settlement announcement published by EPA: 12/08/2015
  • The Army to conduct additional cleanup:  2016.
Why:

“Failure to notify EPA could have delayed and impeded our ability to ensure timely, appropriate actions were taken to protect people and the environment.” said Ed Kowalski, Directo of EPA’s Pacific Northwest Office of Compliance and Enforcement.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

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How:

Alaska does not have an authorized hazardous waste program under RCRA (neither does Iowa, Puerto Rico, the Virgin Islands, American Samoa, nor the Commonwealth of the Northern Marianna Islands), therefore the Federal regulations of the EPA are in effect and enforced by EPA.

Conclusion:

What I find interesting about this situation is that Fort Wainwright has a permit under the Resource Conservation and Recovery Act and does not operate as do most generators of hazardous waste: under the permit-by-rule regulations of 40 CFR 262 and elsewhere.  Their permit allows the base to do more with its hazardous waste, e.g. store it for greater than 90 days, perhaps but also comes with more strict responsibilities and is subject to more oversight by state and Federal agencies.

No Trespassing Sign on Army BaseThe other interesting aspect of this announcement is that the U.S. Army is subject to EPA regulations under RCRA.  Got that?  There is no exclusion from regulation under RCRA even for our armed forces.  (Last month I published an announcement of NASA’s alleged violations of RCRA).  If you’re curious about RCRA and its application to government agencies read this article:  Military Munitions, RCRA, and the Federal Facilities Compliance Act of 1992.

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Read the press release:  Army settles with EPA for hazardous waste violations at Fort Wainwright, Alaska

EPA Contact Information: Suzanne Skadowski, 206-553-2160, 206-900-3309

Learn more about EPA’s RCRA compliance and enforcement work at: http://www2.epa.gov/enforcement/waste-chemical-and-cleanup-enforcement.

North Slope Borough Settles With EPA for Hazardous Waste Violations

The Bullet:

The U.S. Environmental Protection Agency and the North Slope Borough, Alaska have reached a settlement that resolves alleged violations of hazardous waste requirements under the Resource Conservation and Recovery Act.

North Slope Borough Settles With EPA for Hazardous Waste Violations

Who:

The North Slope Borough – the equivalent of most other state’s “county” – in the U.S. state of Alaska.

USEPA Region 10 with its headquarters in Seattle, WA.

USEPA contact: Judy Smith, 503-326-6994, smith.judy@epa.gov

What:

USEPA alleges the following violations by the North Slope Borough:

  • Failure to complete the hazardous waste determination on at least five separate wastestreams.
  • Stored more than 45,000 pounds of hazardous waste for greater than 90 days without the required permit.

EPA and the North Slope Borough have signed a Consent Agreement and Final Order.  As part of this agreement, the North Slope Borough will pay a $445,336 penalty.

The drums and containers of hazardous waste have been removed from the site.

When:

Violations occurred from 2012 – 2014

Announced by USEPA July 30, 2015

Where:

North Slope Borough is located largely in the North Slope region of Alaska.  The subject hazardous waste was generated at the South Pad facility located on Nunavaaq Street in Barrow, Alaska.

Why:

Ed Kowalski, Director of EPA Region 10’s Office of Compliance and Enforcement:

Performing timely and accurate hazardous waste determinations is a keystone of the RCRA program.  Waste must be evaluated by the generator so that it can be safely managed and to prevent releases that endanger human health and the environment.

Obtaining a RCRA permit prior to operating a storage facility is a critical requirement of the RCRA program. The permitting process insures that hazardous waste storage facilities are operated to prevent harm to the environment or human health. Circumventing that process can lead to dangerously poor waste management.

How:

Since Alaska lacks an authorized hazardous waste program, the Federal hazardous waste regulations apply in that state as they do in Iowa and Puerto Rico.

A Borough, just like a county, city, state, or even Federal government or division of government is subject to the hazardous waste regulations of the Resource Conservation and Recovery Act and to the fines or penalties that may be imposed if violations of the regulations are found or alleged.

Summary:

A huge penalty – not a fine – was paid by this relatively small local government.  I can only imagine that this represented a significant hit to their budget, perhaps for years to come.  Though lack of Hazardous Waste Personnel Training was not cited as an issue here, I can’t help but believe that good training – my training – would have identified these issues and given the administrators of the North Slope Borough the information and the tools they would need to fix the problem.

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Please don’t hesitate to contact me, whatever your question, regarding the cradle-to-grave management of hazardous waste.  I’ll travel anywhere in the country to provide Onsite Training or we can make it easy with a Webinar.

 

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.