A Test of Smart Cars Gets Under Way

The following is an excerpt from an article in 

The New York Times
Wednesday, August 22, 2012

A Test of Smart Cars Gets Under Way

By BILL VLASIC

ANN ARBOR, Mich. — Federal regulators on Tuesday announced a yearlong “smart car” project to determine whether wireless communication between vehicles can improve safety on the nation’s highways.

Transportation Secretary Ray LaHood said 3,000 cars, buses and trucks in this city near Detroit would be equipped with data recorders and a technology akin to Wi-Fi that can transmit information about accidents or hazardous traffic conditions.

Drivers in the connected vehicles will be warned, for example, of sudden changes in traffic patterns or potential collisions through data transmitted from similarly equipped cars and roadside devices.

Mr. LaHood said the $25 million study would yield data useful in deciding whether the government should require such crash avoidance technology in future vehicles.

For more, visit www.nytimes.com.

News Release from EPA Region 7 - Cedar Valley Electroplating

U.S. Environmental Protection Agency, Region 7

901 N. Fifth St., Kansas City, KS 66101

Iowa, Kansas, Missouri, Nebraska, and Nine Tribal Nations

EPA Region 7 Orders Cedar Valley Electroplating in Cedar Falls, Iowa, to Take Immediate Action to Address Hazardous Wastes

Contact Information: Chris Whitley, 913-551-7394, whitley.christopher@epa.gov

Environmental News

FOR IMMEDIATE RELEASE

(Kansas City, Kan., March 9, 2012) - EPA Region 7 is ordering Cedar Valley Electroplating L.L.C., a metal electroplating business, to take a series of immediate actions to address multiple issues with leaking tanks and containers of hazardous waste at its facility in Cedar Falls, Iowa.

Under a unilateral administrative order issued by EPA in Kansas City, Kan., Cedar Valley Electroplating – and R Squared Properties, L.L.C., which owns the property at 5611 Westminster Drive in Cedar Falls where the business is located – are ordered to: 

• Immediately comply with the Resource Conservation and Recovery Act and its implementing regulations.
• Immediately identify and contain any leaking tanks, containers or other vessels on the property.
• Identify all solid and hazardous wastes currently being treated, stored or disposed at the facility.
• Restrict access to solid and hazardous wastes that have been stored and/or disposed at the facility and to areas on the property where hazardous material has been released.
• Develop a plan for the immediate cleanup of releases, an investigation to determine if wastes have migrated off the property, and the cleanup of the building and any surrounding areas that may have been contaminated by the releases. 

Cedar Valley Electroplating is located in an industrial park area of southwest Cedar Falls, approximately 700 feet southeast of a child care facility, approximately 1,000 feet east of a stream, and approximately 1,300 feet east and southwest of the nearest residences.

EPA’s order notes that the business, which ceased operating in 2011, was inspected by EPA representatives in September 2005 and again in September 2010. The 2005 inspection resulted in the business being cited for failure to make a hazardous waste determination on 28 55-gallon containers of waste material. The 2010 inspection cited those same issues, and issues with additional containers.

EPA representatives visited the facility again last week and noted numerous totes, tanks, drums and other containers and materials stored in an unsafe manner throughout the facility, including numerous containers that were open and several that were leaking. Some of the hazardous wastes identified during the limited visit included chromium, ferric sulfate, ferric chloride, sulfuric acid, hydrochloric acid, sodium hypochlorite and sodium hydroxide. During the visit, an EPA representative noted that the containers of chemicals cited in the 2005 and 2010 inspections were still present at the facility, but that some of the containers had since deteriorated to the point of leaking their contents.

Violations of EPA’s order could subject the respondents to civil penalties of at least $7,500 per violation per day. Violations could also trigger unilateral actions by EPA to carry out the terms of the order, under its legal authority. The Agency could also seek judicial enforcement of the order.

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News Release from EPA - Fremont Facility

For Immediate Release: February 28, 2012

Contact: Margot Perez-Sullivan, perezsullivan.margot@epa.gov

U.S. EPA Fines Fremont facility $62,500 for Hazardous Waste Violations

SAN FRANCISCO—The U.S. Environmental Protection Agency fined Western Digital Corporation, a wafer fabrication facility that generates large quantities of hazardous wastes including solvents, acids and sulfates, $62,500 for the improper management of hazardous waste at its Fremont facility.

A 2010 inspection at Western Digital Corporation uncovered violations of federal standards governing the handling and storage of hazardous waste. In this case, the facility manufactures    components used to make hard drives, using a variety of hazardous materials.  Among the  violations were failure to properly label and seal containers, failure to control tank emissions, failure to adequately train personnel, failure to monitor equipment, failure to provide an adequate contingency plan, and failure to provide a leak detection system,

Under the EPA’s Resource Conservation and Recovery Act program, hazardous substances must be stored, handled and disposed of using measures that safeguard public health and the environment.

For more information on the Resource Conservation and Recovery Act, please visit the EPA’s web site at:  http://www.epa.gov/compliance/civil/rcra/index.html

News Release from EPA - Sumter Coatings

Sumter Coatings Inc. to Pay Civil Penalty for Resource Conservation and Recovery Act Violations 

Contact Information: Dawn Harris-Young, (404) 562-8421, harris-young.dawn@epa.gov

(ATLANTA - Feb. 27, 2012) — Sumter Coatings Inc. (SCI) agreed to pay a $55,000 civil penalty as part of a settlement with the U.S. Environmental Protection Agency (EPA) for a series of hazardous waste violations at its facility in Sumter, South Carolina.  As part of the settlement, SCI agreed to develop a personnel training program, develop a schedule for implementation of the training program and identify facility employees that require training. 

SCI manufactures paints and coatings primarily for the steel and farm implement industry. SCI also blends raw materials onsite to create custom coatings. The violations were observed during April 2010, when inspectors from the EPA and the South Carolina Department of Health and Environmental Control performed a Resource Conservation and Recovery Act (RCRA) Compliance Evaluation Inspection.

The settlement resolves several alleged violations that were noted during the inspection. The alleged violations  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 management’s;
• 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.

SCI implemented the process changes to reduce the risk of release from hazardous waste containers.  The changes include: labeling all containers with the necessary information; reducing the number of locations where short term storage occurs; changing container sizing and completing all necessary waste determinations.  SCI also applied a non-porous sealant to the base floor surface where the majority of hazardous waste containers are staged during regular operations. 

###

News Release from EPA Region 2 - Battery Recycling

EPA Reaches Agreement with Battery Recycling Company, Inc. of Arecibo, Puerto Rico

To Reduce Lead Pollution

Contact: Elias Rodriguez, 212-637-3664, rodriguez.elias@epa.gov; Brenda Reyes, 787-977-5869, reyes.brenda@epa.gov

(New York, N.Y. - Feb. 23, 2012) The U.S. Environmental Protection Agency has reached a legal agreement with the Battery Recycling Company, Inc. requiring it to take multiple actions to reduce the spread of lead contamination from its Arecibo, Puerto Rico facility. As part of an ongoing investigation of the facility, the EPA identified violations of federal regulations governing the proper handling of hazardous materials. The agreement announced today requires the company to take immediate steps to address the environmental violations and prevent releases of lead and other pollutants from the site. The company will invest more than $3 million in facility upgrades and will undertake three environmental projects to benefit the community. The Battery Recycling Company has agreed, at this time, to pay a $112,500 penalty for alleged violations of the hazardous waste law.

Lead is a toxic metal that can have serious, long-term health consequences for adults and children. Even at low levels, lead can cause I.Q. deficiencies, reading and learning disabilities, impaired hearing, reduced attention spans, hyperactivity and other behavioral problems in children.

“Lead is a dangerous toxin that can affect a child’s ability to learn. We need to do everything possible to protect the children of Arecibo from being exposed to lead. This agreement reached by the EPA and Arecibo Battery Recycling does just that. It will also help protect the health of the workers at the plant and all people living near the facility,” said Judith A. Enck, the EPA Regional Administrator.

The EPA inspections identified significant violations of federal air, water and hazardous waste regulations. The air and water violations were addressed in previous EPA orders issued to the company. The agreement announced today addresses the hazardous waste violations under the federal Resource Conservation and Recovery Act.

The Battery Recycling Company, Inc. is a lead smelter that recycles used motor vehicle batteries and produces approximately 60 tons of lead per day. Throughout 2010 and 2011, the EPA conducted a series of inspections of the facility to determine its compliance with federal laws and regulations. The facility was found to generate lead-contaminated dust during battery processing, lead smelting and refining operations, and the storage and handling of waste. Workers have also carried lead dust on their clothes and equipment into their cars and homes, putting their families and others at risk.

Under the agreement announced today, Battery Recycling will completely enclose the lead recycling processing areas and run all emissions through dust collection systems. The company will also finish building a new dust collection system to capture lead dust within the work area. Trucks and automobiles leaving the facility will be washed and inspected to reduce the spread of lead dust. Facility roads will be paved and pavements will be cleaned, in many cases, at least twice each day.

Battery Recycling has also agreed to fund the following local projects:

• Purchase of a vacuum sweeper vehicle to clean facility roadways of lead dust or other pollutants. It will improve the collection of dust and dirt and the proper disposal of the waste. The project is estimated to cost a minimum of $180,000.

• Purchase special equipment to compress dust from collection storage bins into pellets for easier handling. The project is estimated to cost a minimum of $150,000

• Provide assistance to local high schools in Puerto Rico to improve environmental education involving the safe handling and disposal of old chemicals. The project is estimated to cost a minimum of $150,000

The order announced today is the latest in a series of actions the EPA has taken to protect people’s health and the environment in Arecibo. Under previous agreements with the EPA, Battery Recycling improved existing employee changing areas, installed a decontamination station for vehicles entering and leaving facility processing areas, and trained employees to ensure that “clean” and “dirty” lockers and changing areas are kept separate and used in a way that minimizes contamination between the areas. Battery Recycling is now also required to follow a standard operating procedure manual for continuously monitoring compliance with previous orders.

To learn more about EPA’s efforts to reduce lead risks, visit: http://www.epa.gov/lead.

Follow EPA Region 2 on Twitter at http://www.twitter.com/eparegion2 and visit our Facebook page, http://www.facebook.com/eparegion2.

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News Release from EPA Region 3

Allegheny-Ludlum to pay $535,000 in cleanup costs for Breslube-Penn Superfund site

       PHILADELPHIA (February 22, 2012) -- In settlement papers filed in federal district court, Allegheny-Ludlum has agreed to reimburse the federal government for $535,000 of past cleanup costs at the Breslube-Penn Superfund site in Coraopolis, Pa., the U.S. Environmental Protection Agency announced today.

Allegheny Ludlum is the last of 158 responsible parties to reach a settlement with EPA since 2005 over cleanup costs associated with the site, where EPA continues to oversee ongoing cleanup activities being paid for by the responsible parties.

Under the Superfund law (the Comprehensive Environmental Response, Compensation and Liability Act), the landowners, waste generators and waste transporters that are responsible for the contamination of a Superfund site must either clean up the site, or reimburse the government or other parties for cleanup activities.

In June 1996, EPA added the Breslube-Penn Site to the EPA’s Superfund National Priority List of sites where hazardous contaminants could impact public health and/or the environment. Industrial activities at the site contaminated soil and groundwater with volatile organic compounds, semi-volatile organic compounds, PCBs, metals, and cyanide.

Wiseman Oil, Inc constructed a fuel oil recycling facility on the site in 1978 that was used to manufacture lubricating oil by recycling waste oil. After Wiseman Oil became bankrupt in 1982, the property was purchased by Breslube-Penn Inc., which continued used oil reprocessing until 1986. The facility was used as a used oil transfer station from 1987 until it was closed in 1992.

Additional information about the ongoing cleanup and site history is available at http://www.epa.gov/reg3hwmd/super/sites/PAD089667695/index.htm . 

Los Alamos Natl. Lab Selects Small Businesses

News release from Los Alamos National Laboratory:

Los Alamos National Laboratory selects small businesses for nuclear waste services

Subcontract worth up to $200 million over five years

LOS ALAMOS, New Mexico, February 16, 2012—Los Alamos National Laboratory today announced it has selected four small businesses to compete for up to $200 million in services related to safely packaging Cold War-era wastes for final disposal.

The companies—Environmental Dimensions, Inc.; North Wind, Inc.; Navarro Research and Engineering, Inc.; and Portage, Inc.—will now use a streamlined process to bid for a number of individual tasks under this “master task order agreement.” Tasks include such activities as handling waste containers, transporting them to licensed disposal facilities, and providing verification and certification of delivery.

The wastes include soils removed from cleanup sites such as canyons or landfills, debris from the demolition of old buildings, and chemical or other hazardous wastes. Some of these materials may include trace or low levels of radioactive material.

They also include transuranic waste generated from national security missions. By law, this waste must be properly examined, certified, and packaged for shipment to the Waste Isolation Pilot Plant (WIPP) repository in Southern New Mexico.

“These tasks play a key role in meeting the National Nuclear Security Administration’s (NNSA’s) commitment to ship the 3,706 cubic meters of above-ground LANL transuranic waste to WIPP by June 30, 2014,” said George Rael, Environmental Projects manager for the NNSA’s Los Alamos Site Office.

All four companies have locations in Northern New Mexico.

“This award reflects our commitment to fostering opportunities in Northern New Mexico for small businesses, which play such a vital role in our local economy,” said Dan Cox, deputy associate director for Environmental Programs.

The Laboratory expects to award three more master task order agreements for additional environmental cleanup-related work in the near future.

About Los Alamos National Laboratory

Los Alamos National Laboratory, a multidisciplinary research institution engaged in strategic science on behalf of national security, is operated by Los Alamos National Security, LLC, a team composed of Bechtel National, the University of California, The Babcock & Wilcox Company, and URS for the Department of Energy's National Nuclear Security Administration.

Los Alamos enhances national security by ensuring the safety and reliability of the U.S. nuclear stockpile, developing technologies to reduce threats from weapons of mass destruction, and solving problems related to energy, environment, infrastructure, health, and global security concerns.

EPA Seeks Comments

News release from EPA Region 2:

EPA Seeks Public Input on Plan for Cleanup at

American Cyanamid Superfund Site in Bridgewater Township, N.J.

Contact: Elias Rodriguez, 212-637-3664, rodriguez.elias@epa.gov

(New York, N.Y. - Feb. 16, 2012) The U.S. Environmental Protection Agency has proposed a cleanup plan for contaminated soil, ground water and six waste disposal areas at the American Cyanamid Superfund Site in Bridgewater Township, New Jersey, located on the Raritan River. The soil, ground water and waste disposal areas,  called impoundments, are contaminated with volatile organic compounds and other hazardous materials. The ground water underlying the site is highly contaminated with benzene. Area residents are serviced by a public water supply that provides a safe source of drinking water.

The EPA is encouraging the public to comment on the plan through March 31, 2012 and will hold a public meeting on March 8, 2012 at 7:00 PM at the Somerset County Vocational and Technical High School, 14 Vogt Drive, Bridgewater, New Jersey.

"The cleanup plan for the American Cyanamid site is an important milestone in the EPA  efforts to protect the health of people who live or work near the facility and water quality in the Raritan River," said EPA Regional Administrator Judith A. Enck. “EPA encourages the public to comment on the proposed plan and to learn more about it at the March 8 public meeting.”

Many volatile organic compounds are known to cause cancer in animals and benzene can cause cancer in people. Some volatile organic compounds have no known health effects. The extent and nature of potential health effects depend on many factors, including the level and length of exposure.

The American Cyanamid Superfund site has a history of industrial pollution dating back to 1915. For nearly 100 years, prior owners used the location for manufacturing chemicals. The site was placed on the federal Superfund list in 1983 after hazardous chemicals were found in the soil and ground water. The 435-acre Superfund site contained various areas used for the disposal of chemical sludge and other waste. In 1998, the EPA deleted 140 acres of the site from the Superfund list after they were evaluated and determined to be acceptable for redevelopment. The TD Bank Ballpark Stadium was subsequently built on a portion of the area. In 2009, Pfizer Inc. assumed responsibility for the American Cyanamid site as part of its purchase of the Wyeth Holding Corporation, a prior owner.

Because of the nature and complexity of the contamination at the site, the EPA divided the investigation and cleanup into phases. The plan announced today is the first phase of the cleanup. The proposed plan announced today details approaches to address contaminated soil, ground water and six waste disposal areas (Impoundments 3, 4, 5, 13, 17 and 24). Two additional impoundments (Impoundments 1 and 2) are the focus of a separate study to consider the feasibility of options to address them.

The highly toxic material in Impoundments 3, 4, and 5 will be treated at their current locations by introducing a mixing agent into the waste to make it more solid. This treatment method is a proven technology that immobilizes contaminants to prevent their migration. After this step, the waste disposal areas will be covered with a barrier system that traps vapors and prevents contaminated air from escaping into the atmosphere.

The soil at the site will be addressed using three different methods depending on the extent of the pollution in the soil. Soil that consists of tarry material or is highly toxic, similar to the waste within Impoundment 3, 4, and 5, will be excavated and combined with the material in the three impoundments. It will be treated with the existing waste in Impoundments 3, 4 and 5. Soil that contains volatile and semi-volatile organic compounds will be covered with a vapor control barrier and mitigation system to prevent the release of vapors into the air. Soil that has a lower level of pollution will be covered by a 24-inch thick engineered cap that will serve as a barrier that prevents direct contact. Additionally, the EPA will conduct an ecological study of the waste in Impoundments 13, 17 and 24, which are located in the flood plain of the site, to determine the appropriate treatment for these materials.

A currently operating ground water collection system, which has already treated millions of gallons of contaminated ground water at the site, will be improved by relocating the primary extraction wells to a more central location. Several new extraction wells will be added to enhance the efficiency of the ground water collection system. In addition, a recovery system for collecting and treating shallow contaminated ground water from portions of the site will be constructed at several locations. This system will prevent contaminated ground water from seeping into the Raritan River, Cuckhold’s Brook and Middle Brook. The details of these improvements will be developed during the remedial design phase of the cleanup project.

The proposed plan also calls for the placement of controls such as legal restrictions on land use to minimize the potential of future exposure and to ensure that the cleanup measures are not disturbed. Throughout the cleanup, monitoring will be conducted to ensure the effectiveness of the remedy. The EPA will conduct periodic reviews to ensure that the cleanup remains protective of public health and the environment.

The EPA is accepting public comments on the proposed plan until March 31, 2012. Written comments may be mailed or emailed to:

Joseph Battipaglia, Remedial Project Manager

U.S. Environmental Protection Agency

290 Broadway, 19th Floor

New York, New York 10007-1866

Email: Battipaglia.joseph@epa.gov

The EPA has a website to inform the community about the site at: http://www.epa.gov/region02/superfund/npl/american_cyanamid.

Follow EPA Region 2 on Twitter at http://www.twitter.com/eparegion2 and visit our Facebook page, http://www.facebook.com/eparegion2.

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Southwest Iowa Renewable Energy, LLC to Pay $10,150 Penalty

Thursday, February 2, 2012
U.S. Environmental Protection Agency, Region 7

901 N. Fifth St., Kansas City, KS 66101

Iowa, Kansas, Missouri, Nebraska, and Nine Tribal Nations


Southwest Iowa Renewable Energy, LLC to Pay $10,150 for Risk Management Plan Violations at Council Bluffs Ethanol Plant


Contact Information: Chris Whitley, 913-551-7394, whitley.christopher@epa.gov

Environmental News

FOR IMMEDIATE RELEASE

(Kansas City, Kan., Feb. 2, 2012) - Southwest Iowa Renewable Energy, LLC has agreed to pay a $10,150 civil penalty and spend at least $38,729 on a supplemental environmental project for failing to file a risk management plan and implement risk management regulations at its dry-mill ethanol plant in Council Bluffs, Iowa.

According to an administrative consent agreement and final order filed by EPA Region 7 in Kansas City, Kan., an inspection of the ethanol plant in January 2010 found that the company had not filed a risk management plan for the facility, as required by the federal Clean Air Act.

Under the Clean Air Act, the Council Bluffs facility was required to file a risk management plan because it had exceeded the 10,000-pound threshold for anhydrous ammonia, an extremely hazardous chemical. Southwest Iowa Renewable Energy was storing approximately 28,000 pounds of anhydrous ammonia at the time of the EPA inspection.

As part of its settlement with EPA, Southwest Iowa Renewable Energy has agreed to perform a supplemental environmental project, through which it will spend at least $38,729 to purchase emergency response equipment for the Council Bluffs and Lewis Township fire departments.

By agreeing to the settlement, the company has certified that the Council Bluffs ethanol plant is now in compliance with federal Risk Management Program regulations.

EPA enforces the Risk Management Program regulations of the Clean Air Act with a goal of preventing accidental chemical releases and minimizing the impact of releases or other accidents that may occur. The establishment of Risk Management Programs and formulation of Risk Management Plans helps companies, industries and municipalities operate responsibly, assists emergency responders by providing vital information necessary to address accidents and other incidents, protects the environment by preventing and minimizing damage from accidental releases, and keeps communities safer.

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2 New England Companies Fined for Violating Haz. Waste Mgt. Reqts.

News Release
U.S. Environmental Protection Agency
New England Regional Office
 February 1, 2012 
Contact: David Deegan, (617) 918-1017

Two New England Companies Fined for Violating Hazardous Waste Management Requirements

(Boston, Mass. – Feb. 1, 2012) – Two New England companies that store and distribute hazardous chemicals have agreed in separate settlements to pay a total of more than $179,000 in penalties and to donate about $43,000 worth of equipment and training to local fire departments to settle EPA claims that they violated federal laws regulating companies that handle hazardous chemicals.


Settlement agreements with EPA’s New England office were signed recently by Hubbard-Hall Inc., a chemical storage and distribution company based in Waterbury, Conn., and by Monson Companies, Inc., which is based in Leominster, Mass. and has a warehouse in South Portland, Maine.


The claims and agreements with both companies arose out of a series of inspections that EPA New England has done in the last two years at chemical warehouse and distribution facilities in an effort to address compliance issues. Since 2009, EPA New England has brought 13 Clean Air Act enforcement actions against companies that warehouse or distribute chemicals, including seven administrative compliance orders and six penalty orders.


Two agreements with Hubbard-Hall settled claims that the company failed to comply with the Clean Air Act at its facilities in Waterbury, Conn., and Wilmington, Mass. Under the agreements, the company will pay $111,290 in fines: $48,090 for Wilmington and $63,200 for Waterbury. The company will also buy hazardous atmosphere detection equipment for the Wilmington fire department and provide training in the use of this equipment, at a total cost of $10,887.
Hubbard-Hall failed to have the required risk management plan, or RMP, at both facilities, EPA said. These plans were necessary because the facilities stored large quantities of highly concentrated hydrofluoric acid. An RMP ensures that companies identify the risks associated with their extremely hazardous chemicals; take steps to prevent chemical releases (such as training employees and storing the chemicals safely), and make sure emergency responders can react quickly and safely to an accidental release.


In addition, in July 2011 EPA issued administrative orders to both Hubbard-Hall facilities for violations of the RMP regulations and the General Duty Clause of the Clean Air Act. According to the orders, the company stored incompatible chemicals so close together that a spill or release of one chemical could result in a violent chemical reaction with another chemical, creating toxic gases or causing a fire or explosion.


According to the agreement signed recently with Monson, the company will pay $68,100 in fines. It will also donate emergency response equipment for use by local emergency response teams and will invite those teams to the facility to participate in a training exercise, at a total cost of $32,975.


This will settle claims that Monson failed to meet the requirements of the Clean Air Act, the Maine Hazardous Waste Management Rules, federal hazardous waste laws and the federal Emergency Planning & Community Right-to-Know Act at its warehouse, distribution, repackaging and custom blending chemical manufacturing facility in South Portland.
EPA’s complaint against Monson asserts that the company violated the Clean Air Act’s General Duty Clause by failing to separate incompatible chemicals and to maintain adequate aisle spacing. Storing incompatible chemicals together creates a risk of fire, explosion, or release of toxic gases, while failure to maintain adequate aisle spacing between chemicals can impede access to the chemicals in the event of an emergency. The “General Duty Clause” of the Clean Air Act aims to prevent accidental releases of substances that can cause serious harm to the public and the environment from short-term exposures and to reduce the severity of accidental releases that do occur. 


According to the agreement, Monson also failed to submit a complete emergency and hazardous chemical inventory (Tier II) form for 2009 to local and state emergency planning officials and to the local fire department, in violation of the federal right-to-know law.  Failure of a facility to file these forms leaves the community unaware of the presence of chemicals in the neighborhood that may affect public health and the environment. Also, these forms help federal, state and local authorities plan for emergency response actions and the cleanup of industrial pollution.


In addition, Monson failed to make hazardous waste determinations to characterize containers of waste observed at the facility, and to update its hazardous waste contingency plan to reflect changes at the facility, as required by Maine Hazardous Waste Management Rules.
Both Hubbard-Hall and Monson cooperated with EPA in promptly correcting the violations and in reaching quick settlements.


EPA reminds operators of facilities that store hazardous chemicals that:


• Without sufficient inventory management, facilities may not realize chemical inventories have exceeded federal regulatory thresholds;
• Incompatible materials must be adequately separated;
• Buildings must be structurally appropriate for flammable chemical storage and equipped with the proper fire protections;
• The list of chemicals covered by OSHA Process Safety Management regulations is not always the same as the list of chemicals covered by Clean Air Act Risk Management Program regulations;
• Companies violating the Clean Air Act often are also violating EPCRA and/or hazardous waste regulations;
• Secondary containment systems for chemicals (to contain spills or leaks) must be in good repair, with drums stored in a stable way, and adequate aisle space for emergency responders;

• The Clean Air Act's General Duty Clause can apply even when Risk Management Program regulations do not. The General Duty Clause requires companies that manage extremely hazardous substances to prevent chemical accidents by, among other things, designing and maintaining a safe facility;

• Regular inspections are important to ensure the integrity of tank areas;
• Companies must coordinate with local emergency responders.


More information: 

- Clean Air Act General Duty Clause (http://www.epa.gov/compliance/civil/caa/gdcenf.html)
- EPCRA (http://www.epa.gov/lawsregs/laws/epcra.html)
- Tier II Reporting (http://www.epa.gov/osweroe1/content/epcra/tier2.htm)

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EPA Reaches Settlement with Companies to Pay Cleanup Costs

News Release from EPA Region 3:

EPA reaches settlement with companies to pay cleanup costs for Occidental Chemical Corp. Superfund site

       PHILADELPHIA (January 25, 2012) -- The U.S. Environmental Protection Agency today announced that current and former owners and operators of the Occidental Chemical Corporation Superfund Site in Lower Pottsgrove Township, Montgomery County, Pa. have agreed to pay $2.1 million in past cleanup costs for the site.

In a consent decree filed in federal court by the Justice Department on behalf of EPA, the companies also assumed responsibility for all future cleanup costs at the site. The companies included Occidental Chemical Corporation (OxyChem), Bridgestone Americas Tire Operations and Glenn Springs Holdings, Inc.

Under the “Superfund” law, the landowners, waste generators and waste transporters that are responsible for the contamination of a Superfund site must either clean up the site, or reimburse the government or other parties for cleanup activities.

OxyChem currently owns the site where it manufactured polyvinyl chloride (PVC) plastic resins from 1980 to 2005. OxyChem purchased the site from Firestone Tire & Rubber Company(now known as Bridgestone Americas Tire operations), which manufactured tires and PVC there from approximately 1945 to 1980. Settling defendant Glenn Springs Holdings, Inc., a corporate affiliate of OxyChem, is the current operator of the site.   Glenn Springs assumed management of the site in 2005 after OxyChem closed its PVC-manufacturing facility.

From 1942 to 1985, operators used the site for disposal of industrial wastes including cutting oils, metal filings, tires, and PVC sludge resins. In 1989, EPA placed the site on its Superfund list of the nation’s most contaminated sites to address unsafe levels of trichloroethylene (“TCE”), vinyl chloride, and other hazardous substances in the soil and groundwater. OxyChem, under EPA oversight, performed remedial action at the site and completed construction in 2008.

            Additional information on the site is available at: http://www.epa.gov/reg3hwmd/super/sites/PAD980229298/index.htm .