RCRA Violations

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.

Olson Wire Products Co., Inc. Settles Hazardous Waste Violations at its Baltimore Facility

 PHILADELPHIA (October 2, 2012) — Olson Wire Products Co. has agreed to pay a $80,000 civil penalty to settle alleged violations of hazardous waste regulations at its manufacturing facility located at 4100 Benson Ave., in Baltimore, Md., the U.S. Environmental Protection Agency announced today.

EPA cited Olson Wire, which manufactures steel wire shelving and fabricated wire products, 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 inspection by on May 25, 2011 EPA cited the company for violations of federally authorized state regulations involving hazardous waste stored at the facility, including wastewater treatment sludge from the electroplating operations, spent lead anode rods from plating processes and used aerosol cans containing an enamel-based product that is sprayed onto metal parts in preparation for powder coating.

The alleged violations included the failure to make required hazardous waste determinations, storage of hazardous waste for periods greater than 90 days without a permit, failure to properly label and keep containers of hazardous waste closed during storage, offering hazardous waste for off-site transport and disposal without preparing approved manifest forms and through parties not authorized to transport or receive hazardous waste, failure to maintain training records of personnel having hazardous waste management responsibilities and failing to prepare and submit a biennial report concerning hazardous waste activities at the facility in calendar year 2009.

             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, Olsen Wire 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.

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.

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.

Electro-Coatings of Iowa, Inc., to Pay $19,171 Civil Penalty for Hazardous Waste Violations in Cedar Rapids, Iowa

(Kansas City, Kan., July 26, 2012) – Electro-Coatings of Iowa, Inc., a chrome, nickel, and zinc plating operation, has agreed to pay a $19,171 civil penalty to the United States to settle a series of Resource Conservation and Recovery Act (RCRA) violations in Cedar Rapids, Iowa. In addition to paying the civil penalty, the company will spend a minimum of $110,000 to install technology that will reduce the amount of hazardous chrome waste generated at the facility as a supplemental environmental project.

According to an administrative consent agreement and final order filed by EPA Region 7 in Kansas City, Kan., an EPA inspector conducted an inspection at the company’s Cedar Rapids facility in May 2011, and noted several violations of the federal act which regulates hazardous waste.

“Facilities that generate hazardous waste must ensure that the proper procedures are followed in the handling, storage, and management of the waste stream,” EPA Region 7 Administrator Karl Brooks said. “Proper management practices reduce the risk of harm to human health and the environment in the event of an accidental release.”

Electro-Coatings of Iowa, Inc., generates a large quantity of hazardous waste, over 1,000 kilograms per month. The violations included storage of hazardous waste for longer than 90 days without a RCRA permit, hazardous waste container management violations, emergency equipment violations, training violations, RCRA contingency plan violations, universal waste management violations, operation of a hazardous waste facility without a RCRA permit, and failing to comply with hazardous waste generator requirements, including failure to label waste containers, failure to date waste containers, and failure to keep waste containers closed.

By agreeing to the settlement with EPA, Electro-Coatings of Iowa, Inc., has certified that it is now in compliance with the RCRA regulations.