Release Date: 11/26/2012

Contact Information: David Deegan, (617) 918-1017

(Boston, Mass. – Nov. 26, 2012) – A New Haven, Conn. company that makes door hardware has agreed to pay $39,705 to settle EPA’s claims that it violated state and federal hazardous waste laws.

The Sargent Manufacturing Company violated state hazardous waste laws as well as the federal Resource Conservation and Recovery Act (RCRA).  These laws are designed to help protect public health and the environment by promoting the proper management of hazardous wastes.

The complaint grew out of an inspection of the facility in March 2011 by EPA. Sargent violated RCRA by failing to: have an adequate hazardous waste training program, close containers of hazardous waste, maintain adequate aisle space between containers of hazardous waste, mark containers with the date that accumulation of hazardous waste began, update and submit a revised contingency plan to local authorities, and otherwise manage hazardous waste in accordance with the requirements.

Sargent’s failure to have an adequate hazardous waste training program increased the likelihood that wastes generated may not be properly managed and that Sargent personnel may not be able to adequately coordinate all emergency response measures in the event of emergency.

After the inspection, Sargent brought its facility into compliance with state and federal waste management laws. 

More information:  Enforcing hazardous waste laws in New England(http://www.epa.gov/region1/enforcement/waste/index.html)

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.

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

(Kansas City, Kan., Oct. 1, 2012) – Bayer CropScience LP has agreed to pay a $13,900 civil penalty to the United States to settle a series of environmental violations related to the distribution of mis-branded pesticides through its facility in Kansas City, Mo.

According to an administrative consent agreement and final order filed by EPA Region 7 in Kansas City, Kan., an inspection of Bayer’s Kansas City facility in November 2011 found that on November 28, 2011, Bayer CropScience shipped a quantity of the pesticide Ethosumesate, without a product label, an EPA registration number, or an EPA producing establishment number.

In December 2011, EPA Region 7 received two Notices of Arrival from Bayer for the importation of two separate shipments due that month of quantities of unregistered Methomyl insecticide for the purpose of producing the product into the registered product Larvin Technical. The label provided by Bayer for the two shipments of the unregistered pesticide contained a false or misleading statement in its “Directions for Use” section.

The labeling deficiencies related to the two pesticides were in violation of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), according to the settlement.

The sale or distribution of misbranded or mislabeled pesticides can pose serious risks to human health, plant and animal life, and the environment. Without proper labeling or safety instructions on packaging, users can unintentionally misapply pesticides and may not have adequate information to address needs for first aid in the event of emergency.

As a result of EPA’s enforcement action, Bayer CropScience LP was required to relabel all of the shipments in question. The company has also instituted changes in its practices to prevent similar violations.

Read this article to learn if your pesticide could be managed as a Universal Waste at a greatly reduced regulatory burden.  Or contact me to discuss your obligation to train your HazMat Employees and Hazardous Waste Personnel.

Sumter Coatings, Inc. (SCI) in Sumter, SC must pay a $55,000 civil penalty as part of a settlement with the US Environmental Protection Agency for violations of the Resource Conservation and Recovery Act (RCRA) regulations discovered at its facility during a joint US EPA & SC Department of Health and Environment inspection (press release).  Alleged violations of the hazardous waste regulations include:

• Improper management of hazardous waste containers on site;
• Failure to provide a sufficient base beneath containers which held hazardous waste;
• Failure to make a hazardous waste determination;
• Failure to inspect all areas where hazardous waste containers are stored weekly;
• Failure to develop personnel training program to ensure compliance with hazardous waste regulations;
• Failure to update information contained in the contingency plan, along with failing to make arrangements with local police and hospital authorities regarding the contingency plan and submitting copies of the contingency plan to first responders.

It is sadly ironic that yet another company is developing a training program under the shadow of an enforcement action when proactive implementation of RCRA training could have precluded the violations from occurring in the first place.  Hazardous waste training is required for all personnel of a large quantity generator who handle, manage, generate, work around, treat, recycle, etc. hazardous waste and is highly recommended for similar employees of small quantity generators.  In addition to being a regulatory requirement, it is also a good way for you and your personnel to maintain compliance with the full array of hazardous waste regulations applicable to your operations.

I can provide RCRA Training and DOT HazMat Employee training in a variety of formats and locations; either at my open enrollment events held nationwide and year round, or right at your facility with on-site training tailored to your site-specific needs.  Please review my training schedule to find a date and location convenient to you, or contact me for a free training consultation.

Last year EPA announced the launch of a new mapping feature within its Enforcement and Compliance History Online (ECHO) database.  Updated monthly, it includes information on enforcement actions – undertaken by EPA at the Federal level or by authorized State environmental agencies – against businesses like yours.  This new feature is part of the EPA’s ongoing effort to improve transparency and include more parties in maintaining regulatory compliance and protecting the environment.

The result of this “transparency” is that businesses such as yours must prepare to address – and be addressed by – a general public and other interested parties who now have ready access to critical information about your facility’s compliance status.  All enforcement actions undertaken by State and Federal agencies are included.  The data may be searched by year, media (air, water, waste, or multiple), by State, or other criteria.  The mapping tool also allows users to focus on specific facilities and view:

• Facility name.
• Applicable environmental statute with potential violation.
• Link to detailed information about the facility’s compliance status on the ECHO database.

What does this mean for you?  Now more than ever, enforcement actions against your company are “Public Knowledge”.  Once an applicable action is taken by a State or Federal agency, there is no way to prevent it quickly becoming available to neighbors, concerned citizens, media, environmental groups, and your competitors.  The best way to prevent this kind of stain on your company image is to preclude the necessity for an enforcement action in the first place.

Maintain compliance with all State and Federal regulations.  Begin by ensuring any employees who generate, manage, or handle hazardous waste receive annual RCRA (aka: Hazardous Waste Personnel) Training.  It is also likely that you have employees that require the DOT’s HazMat Employee training.  I can provide both of those trainings at a reasonable price and at a location convenient for you.  Review my open enrollment training schedule, and my prices, or contact me about on-site training.