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.

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.

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.

The MPCA completed 68 enforcement cases in 41 Minnesota counties during just the second quarter of 2014 (April-June).  The civil penalties collected due to these violations exceed $735,000.  The MPCA has 107 environmental enforcement investigations that are ongoing and may yet lead to additional civil penalties.

A complete list of all enforcement actions can be found on the agency’s web site at www.pca.state.mn.us.

The following is a brief summary of all 68 cases completed during the second quarter of 2014:

•  Greenheck Fan Corp., dba Innovent Air Handling Equipment LLC, Minneapolis, for air quality violations, $365,000 (this includes $315,000 toward a supplemental environmental project)
• Industrial Finishing Services, Perham, for air quality violations, $60,000
• Twin Ports Excavating LP, Duluth, for stormwater violations, $53,000 (all to be spent on a supplemental environmental project)
• Two Harbors WWTP, Two Harbors, for water quality violations, $19,000
• La Roche’s, Inc., Faribault, for subsurface sewage treatment systems violations, $14,000
• Gold’n Plum Farms LLC, Sauk Rapids, for air quality violations, $10,000
• Whistling Valley Development WWTP, Lake Elmo, for water quality violations, $10,000
• Norway Beach, Cass Lake, for water quality violations, $8,413
• Schriever Farm LLC, Harmony, for feedlot violations, $6,500
• Vincent & Nancy Hajek property, Glenville, for solid and hazardous waste violations, $6,500
• Stussy Construction, Inc., Mantorville, for stormwater violations, $5,795
• A&F Consulting Group, Winona, for asbestos violations, $5,775
• Sleep Inn Marshall LLC, Marshall, for stormwater violations, $5,700
• Geo’s Paint & Finish LLC, Brainerd, for hazardous waste violations, $5,688
• 528 Partnership LLP, St. Paul, for stormwater violations, $5,600
• Aaron Carlson Corporation, Minneapolis, for hazardous waste violations, $5,500
• Steven Mogard, dba Royal Flush Sanitation S&P, Ortonville, for subsurface sewage treatment systems violations, $5,400
• Hedstrom Lumber Co., Inc., Grand Marais, for air quality violations, $5,050
• Burns Excavating, Inc., Medina, for stormwater violations, $4,850
• Rich Demeules, Medina, for stormwater violations, $4,850
• Albany Recycling Center LLC, Albany, for stormwater violations, $4,700
• Clearwater Paving, Bemidji, for stormwater violations, $4,700
• NuCrane Manufacturing, Hutchinson, for stormwater violations, $4,700
• Consolidated Construction Co., Inc., Marshall, for stormwater violations, $4,300
• Westman Freightliner, Mankato, for stormwater violations, $4,200
• Arrowhead Recycling Center, Two Harbors, for stormwater violations, $4,150
• Castle Danger Demolition Landfill, Two Harbors, for stormwater violations, $4,150
• AW Kuettel and Sons, Inc., Duluth, for stormwater violations, $4,083.75
• Fosston WWTP, Fosston, for water quality violations, $4,019
• Sam’s Well Drilling, Inc., Kevin Sorge property, Austin, for water quality violations, $4,000
• BH Heselton Demolition Landfill, Faribault, for stormwater violations, $3,900
• Cedar Lake Engineering, Inc., Maple Lake, for stormwater violations, $3,900
• Concast, Inc., Zumbrota, for stormwater violations, $3,900
• Innova Industries, Inc., Fergus Falls, for stormwater violations, $3,900
• PaR Nuclear, Shoreview, for stormwater violations, $3,900
• Pepsi Beverages Co., Burnsville, for stormwater violations, $3,900
• Scott Equipment Co., New Prague, for stormwater violations, $3,900
• Silgan Containers Mfg. Corp., Savage, for stormwater violations, $3,900
• Viracon, Inc., Owatonna, for air quality violations, $3,700
• Otter Tail Power Co., Hoot Lake Plant, Fergus Falls, for water quality violations, $3,550
• Gerdau Ameristeel US, Inc., St. Paul, for air quality violations, $3,500
• Prinsco, Inc., Prinsburg, for stormwater violations, $3,400
• L&S Construction, Springfield, for stormwater violations, $3,000
• Zufall Pit, Owatonna, for stormwater violations, $2,854
• Allen & Joey Greibrok, Austin, for asbestos violations, $2,750
• Automotive Concepts, New Hope, for air quality violations, $2,700
• Avon Body Shop, Avon, for air quality violations, $2,500
• Red Wing Cabinetry, Red Wing, for air quality violations, $2,025
• Brad Moe, Chanhassen, for stormwater violations, 1,900
• Cans R Us, Inc., Little Falls, for subsurface sewage treatment system violations, $1,800
• Lake City WWTP, Lake City, for water quality violations, $1,775
• St. Francis Medical Center, Breckenridge, for air quality violations, $1,688
• ISD 676-Badger Public Schools, Badger, for air quality violations, $1,688
• Lundin Construction-NM, Cromwell, for air quality violations, $1,688
• Marcom Service, Inc., New Hope, for air quality violations, $1,688
• Rajala Mill Company, Bigfork, for air quality violations, $1,688
• Spring Prairie Hutterite Colony WWTP, Hawley, for water quality violations, $1,625
• Kaufman Container, Minneapolis, for air quality violations, $1,563
• Eugene Holst, Austin, for water quality violations, $1,500
• Judy Marshal & Susan Kehret, c/o Patricia Woodfill, Brownsdale, for water quality violations, $1,500
• Daniel Weaver, dba Earth Science Soil Testing, North Branch, for subsurface sewage treatment system violations, $1,150
• Vreeman Construction, Raymond, for solid and hazardous waste violations, $1,150
• Gaines Auto Salvage, dba Bridley’s Auto Salvage, Glenville, for stormwater violations, $1,150
• Superior Truck Auto & Marine, Minnesota City, for air quality violations, $810
• Ripley’s Inc., Erhard, for subsurface sewage treatment system violations, $660
• Nick Schmitz, North Branch, for subsurface sewage treatment system violations, $625
• State Bank of Easton, Wells, for asbestos violations, $500
• Judy Machining, Inc., Goodview, for air quality violations, $500

Don’t despair businesses of the Gopher State!  Imposing monetary penalties is only part of the MPCA’s enforcement process.  Agency staff will provide assistance, support, and information on the steps and tools necessary to achieve compliance for any company or local government that requests it.

A complete summary of environmental enforcement actions and news releases can be found on the MPCA’s News Media Center Web page.  For questions on specific enforcement cases, please contact Stephen Mikkelson, Information Officer at (218) 316-3887, or toll free at (800) 657-3864.

A guide created by the Small Business  Environmental Assistance Program (SBEAP) within the Minnesota Pollution Control Agency (MPCA).  It was created for small business manufacturers to provide them with a user-friendly guide to the regulations of the MPCA.  With this information an Environmental Health and Safety professional can determine if their company’s operations are subject to regulation and where they can go for assistance.

The Environmental Guide contains:

• Short chapters focused by rule areas.
• A flow chart helps you determine which rules apply to your business.
• Details on regulation and step-by-step approach to complying.
• Resources for additional information and assistance.

See the guide for yourself here:  The Environmental Guide for Small Businesses in Minnesota

If used correctly the information in a guide such as this can be used to acquire knowledge.  What you do with that knowledge as an EHS Professional is up to you.  I suggest you contact me for a free consultation on your requirements to comply with the hazardous material transportation regulations of the PHMSA/USDOT and the hazardous waste regulations of the MPCA.

The Bullet:

At the request of Freeborn County the Minnesota Pollution Control Agency (MPCA) investigated properties where several tire fires had occurred in the recent past.  The investigation revealed a generator of hazardous waste improperly disposing of both hazardous and non-hazardous waste through illegal storage, disposal, and open burning.

 Who:

Charles D. Borneman, corporate officer for Albert Lea Trailer Inc. in Freeborn County, Minnesota.

The Minnesota Pollution Control Agency (MPCA).

What:

Albert Lea Trailer Inc. has paid a $20,000 penalty and agreed to comply with state rules that prevent noxious smoke from burning materials such as rubber and a variety of other state regulations that mandate the cradle-to-grave management of hazardous waste.

Where:

Freeborn County, Minnesota.

When:

The multiple fires that sparked the investigation took place in March 2012.

The MPCA Press Release is dated May 8, 2014.

Why:

The open burning of waste by a business (homeowners have a few exceptions) is banned by the Resource Conservation and Recovery Act (RCRA) passed as law in 1976.  Read more about the history of RCRA.  It is also against Minnesota law and just a real bad idea since it releases harmful pollutants (like dioxins) into the air.

How:

As a state with an authorized hazardous waste management program under RCRA, the MPCA has the authority to investigate, enforce, and assess penalties for violations of state environmental regulations.

Conclusion:

Whether you generate a little waste or a lot.  Whether the waste is hazardous, non-hazardous, used oil, or universal waste, you must comply with the regulations of the USEPA or your state for its management at your site, its off-site transportation, and its final disposal.  One requirement of those cradle-to-grave regulations is training for all Facility Personnel who come in contact with hazardous waste.  Contact me for this training or for any questions you have about the management of hazardous waste.

Read the full MPCA press release

The Bullet:

The Small Business Environmental Assistance Program (SBEAP) provides free, confidential, environmental assistance to small businesses.

Who:

The Small Business Environmental Assistance Program (SBEAP) is a service provided by the Minnesota Pollution Control Agency (MPCA).  The MPCA is the state agency authorized by the USEPA to regulate the protection of the environment (air, land, & water) in Minnesota.

Small businesses are generally defined as independently owned and operated businesses with fewer than 100 employees that are not major sources of waste or emissions.

What:

The focus of the SBEAP is compliance assistance with the regulations of the MPCA, but assistance is also available for going beyond compliance into reducing the regulatory burden faced by small businesses. The SBEAP promotes pollution prevention, best management practices, environmental stewardship, and sustainability.

Where:

Anywhere in the “Land of 10,000 Lakes”.

When:

Assistance begins when you pick up the phone and make the call.

Small Business Environmental Assistance Program staff

•  Staff: Angie Bourdaghs, Nate Grand, Tom Jablonski, Hien Le, and Aneka Swanson.
• Hotline: 651-282-6143 or toll free 800-657-3938
• Fax: 651-297-8701

Why:

Well, it ain’t for the paycheck, the services are free, non-regulatory, and impose no obligations.  If you meet the definition of a small business then this free service is provided by the taxpayers of Minnesota.  And if confidentiality is a concern,

Business-specific information is held confidential from enforcement except in cases of imminent danger to human health and the environment.

How:

The SBEAP provides:

• One-on-one, compliance assistance on the SBEAP Hotline at 651-282-6143 or 800-657-3938.
• On-site visits.
• Educational opportunities such as workshops, trainings, events, printed materials, and informational mailings.
• Pollution prevention (P2) and best management practice (BMP) assistance and referrals,
• Communication between the MPCA and businesses.
• Advocacy on behalf of businesses.

Conclusion:

If I was a small business in Minnesota I would contact the Small Business Environmental Assistance Program of the MPCA whenever I had a question about regulatory compliance.

If you generate a hazardous waste, one thing the SBEAP may tell you is required is to provide annual training for all of your Facility Personnel.  I provide this training and can also provide you with the HazMat Employee training required by the USDOT/PHMSA.  Don’t hesitate to contact me if you have any questions about the regulations of RCRA or the Hazardous Materials Transportation Safety Act.