Prepared by Kathy Pursley, Industrial WaterWorld Editor
Jan. 24, 2002 -- Toxicity Equivalence Factors to Fish and Wildlife The U.S. Environmental Protection Agency's (EPA) Risk Assessment Forum (RAF) announced the availability of a final report, Workshop Report on the Application of 2,3,7,8-TCDD Toxicity Equivalence Factors to Fish and Wildlife (EPA/630/R-01/002, August 2001). It is the report of a January 20-22, 1998, workshop sponsored by EPA and the U.S. Department of the Interior (DOI).
The planning committee concluded that the results of the workshop support the use of the toxicity equivalence methodology as appropriate for evaluating risks to fish, birds, and mammals from mixtures of dioxins, furans, and PCBs in ecological risk assessment. The committee also suggested the development of additional tools and data to improve the methodology's implementation. The final workshop report consists of an overview and set of conclusions prepared by EPA and DOI and a complete set of workshop materials, including case studies discussed at the workshop, workshop proceedings, pre-meeting comments from the invited experts, and written observer comments.
The document is available electronically through the Risk Assessment Forum's Web site http://www.epa.gov/ncea/raf/rafpub.htm">www.epa.gov/ncea/raf/rafpub.htm. Further information is available from Scott Schwenk, Risk Assessment Forum Staff Tel: 202-564-6667, E-mail: [email protected].
Anthrax Hinders EPA's Mail The discovery of anthrax contamination at the District of Columbia mail processing center has disrupted the delivery of regular first-class mail to the Department of Justice and to U.S. EPA. A number of notices published by EPA have been republished and public comment periods extended. The public responses to the original notices that were not sent by additional means such as overnight or facsimile transmission, had not been received. Any previously submitted comments should be re-submitted by the new extended closing dates and should be sent by fax or overnight delivery other than USPS.
EPA's Science Advisory Board Meets A Subcommittee of the US EPA Science Advisory Board (SAB) (the Surface Impoundments Study Subcommittee of the SAB's Environmental Engineering Committee) recently conducted a public teleconference meeting. The purpose of the meeting was to finalize and approve the Subcommittee's report on its review of Industrial Surface Impoundments in the United States for the Office of Solid Waste as announced in Federal Register notices 66 FR 30917-30920 June 8, 2001, and 66 FR 9671-49672 September 28, 2001. Final approval of this report will be accomplished during a public review meeting of the US EPA Science Advisory Board (SAB) at a later date (to be announced in the FR).
The January draft of Subcommittee report was available in mid-January. Those wishing a copy of the draft report should contact the DFO by E-mail: [email protected]. To obtain further information concerning this meeting, contact Ms. Kathleen White, Designated Federal Officer, EPA Science Advisory Board, Tel: 202-564-4559, Fax: 202-501-0582.
Additional information concerning the EPA Science Advisory Board, its structure, function, and composition, may be found on the SAB Website http://www.epa.gov/sab.
New E-Portal For Environmental Reporting EPA has established a single portal on the Web for all environmental data entering the agency. The Central Data Exchange (CDX) offers companies, states and other entities that provide data to EPA a faster, easier and more secure reporting option. The portal also includes built-in data quality checks, web forms, standard file formats and a common, user friendly approach to reporting data across vastly different environmental programs such as the toxic release inventory, unregulated contaminant monitoring rule, risk management plans and public water system supervision. The CDX is designed to aid the agency's modernization effort and to save money by reducing redundant infrastructure. CDX currently accepts data for certain air, water, waste and toxic programs and plans to expand the service to support all agency environmental reporting by 2004. More information is available at: http://www.epa.gov/cdx.
Dioxin In Sewage Sludge Decision EPA made a final decision not to regulate dioxin in sewage sludge that is incinerated or placed in sludge landfills or containment ponds. EPA based its decision on an evaluation of the risk of exposure for people most likely to be exposed to dioxin from these sources.
EPA concluded that existing regulations for incinerators, landfills or containment ponds adequately protect human health and the environment by limiting exposure to pollutants, including dioxins. The agency continues to discuss the final schedule for issuing a separate decision for dioxin in sewage sludge that is land applied.
Dioxins are a group of highly toxic persistent compounds which are a byproduct of certain combustion and chemical manufacturing processes. More information about this decision is found at www.epa.gov/waterscience/biosolids/.
National Compliance Forum EPA will sponsor a National Compliance Assistance Providers Forum next December in San Antonio, Texas. To prepare for the forum, the Agency is seeking panel discussion proposals. The forum will provide an opportunity for environmental assistance providers and interested persons in federal, state and local agencies, tribal governments, community groups, nonprofit organizations, academia, private firms and trade associations to share learned lessons and the latest knowledge on compliance tools. The forum will focus on the skills and strengths of environmental assistance providers, the linking of environmental assistance efforts with meaningful incentives and ways to determine program impacts.
Further information is available by calling 202-564-7064 or 202- 564-7063. The proposal form can be downloaded by logging onto: http://www.mng-ltd.com/cfide/website/ncapf02/index1.htm.
Recent Enforcement Actions
Digester slugged The city of Aberdeen, S.D. is planning upgrades to its sewage treatment plant courtesy of Heartland Grain Fuels. The company has agreed to plead guilty to violating the Clean Water Act by illegally discharging ethanol into Moccasin Creek. The slug of ethanol reached the Aberdeen wastewater treatment facility and killed bacteria needed to properly digest raw sewage. The ability of the plant to adequately treat sewage was impaired for approximately two weeks. If the U.S. District Court in Aberdeen approves the plea agreement, Heartland will pay up to $40,000 in fines and provide an additional $158,143 to the city of Aberdeen for the upgrades to control and monitor pollutant discharges.
Company To Pay $3 Million MacDermid Inc., a chemical manufacturer in Waterbury, CT., pleaded guilty to four felony violations of the Clean Water Act and was sentenced on Nov. 28 to pay a $2 million fine and $1 million for supplemental environmental projects. MacDermid manufactures over 1,000 chemicals used for metal treating, plating and other purposes. The plant wastewater is required to be pre-treated before being released into the Waterbury city sewer system, and the company is required to submit to the Connecticut Department of Environmental Protection discharge monitoring reports (DMRs) concerning the level of chemicals contained in the treated wastewater it releases.
For eight years or longer, MacDermid engaged in a set of unlawful practices, such as discarding wastewater samples that had high levels of pollutants and failing to report analyses of such samples, which led to the falsification of its DAs a result, wastewater with unacceptably high levels of copper and zinc was released into the Waterbury sewers. The high levels of copper and zinc released into sewer systems can cause damage to sewage treatment plant equipment and also kill bacteria needed to digest and properly treat sewage at sewage treatment plants.
Lab Office Manager Sentenced Jennifer Alexander, former office manager for Enviro-Comp Laboratories Inc., of Baton Rouge, La., received a sentence of six months home confinement and a $1,000 fine for committing perjury before a federal grand jury. The charges stem from an investigation of Enviro-Comp, which sought accreditation by the Louisiana Department of Environmental Quality (LDEQ) to perform water tests for clients required to meet state environmental regulations under an EPA delegated program.
In 1999, while preparing for an LDEQ pre-accreditation audit, Enviro-Comp's owner, Shawn Decareaux-Kilgarlin, knowingly made false statements in Enviro-Comp's log books and certification analyses about water testing for the purpose of mis the LDEQ auditor. In addition, she influenced Alexander to provide false information. Decareaux-Kilgarlin was convicted and was sentenced to serve one year in prison.
Atofina Resolves Violations Atofina Chemicals Inc. of Philadelphia, PA, has entered into a settlement that will result in significant pollution control measures at the company's facilities in Alabama, Kentucky and Texas. The consent decree concludes an extensive multi-statute investigation of Atofina (formerly known as "Elf Atochem, North America Inc."), a worldwide specialty chemicals company with 26 manufacturing facilities in the United States.
Atofina will install a new storm water control system at its Houston, TX, facility and will undertake a supplemental project to improve a portion of the Montlimar Canal in Mobile, AL, with emphasis on erosion control and development of a greenway along the canal banks.
At an estimated capital cost of $5.3 million, Atofina has committed to implementing pollution control measures that will reduce volatile organic compounds (VOCs) emissions and ozone-depleting substance (ODS) emissions from its facilities in Kentucky and Alabama. The company also will pay a civil penalty of $1.9 million.
The settlement resolves environmental claims brought under the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act and the Emergency Planning and Community Right-to-Know Act.
Three Indicted High Rise Services Co. Inc., of Leland, NC; its president, Andrew Jackson Simmons, Jr.; a company foreman, Anthony Paul Norris; and Terry Ray Hill; were indicted recently on various federal charges relating to the operation of High Rise's business of re-refining used oils into useable products.
The indictment alleges that Simmons and Norris conspired to discharge oil into the Cape Fear River in violation of the Clean Water Act, that they failed to notify the federal government of the discharge and that they obstructed justice and made false statements to the U.S. Coast Guard. The indictment also alleges that Simmons, Norris and High Rise Services knowingly violated used oil regulations by storing used oil in leaking or unlabeled containers. Simmons and Hill also were charged with impeding the collection of federal income taxes.
If convicted on all charges, High Rise Services could be fined up to $1.7 million; Simmons could receive a maximum of up to 40 years in prison and/or up to $2.25 million in fines; Norris could receive a maximum of up to 35 years in prison and/or up to $2 million in fines; and Hill could receive up to five years in prison and/or up to $250,000 in fines. An indictment is merely an allegation and all defendants are presumed innocent unless or until proven guilty in a court of law.
Towing Companies/President Sentenced Glenn McKinney, President of McKinney Towing Inc.; McKinney Towing Inc.; McKinney Harbor Towing Inc.; and Slidell Towing Inc.; all of Baton Rouge, La., were sentenced for violating the Clean Water Act and the Oil Pollution Act by pumping a mixture of oil and water into the Mississippi River.
McKinney Towing has agreed to pay a $400,000 fine and $80,000 in restitution to be equally divided by the Louisiana State Police Right to Know Fund and the Southern Environmental Enforcement Network. McKinney Towing will also be placed on probation for 24 months and will publish an apology in the Baton Rouge Advocate. The other two companies will each pay a $10,000 fine and also serve 24 months probation. Glenn McKinney will serve six months home confinement and pay a fine of $2,000.
The defendants are engaged in the business of providing tugboat services on the Mississippi River. Between 1995 and 2000, the defendants knowingly allowed their tugboats to discharge oily bilge water into the river several times a week. None of the defendants had a permit for the discharges.
Company Fined for Submitting "Clean" Reports Grease Depot Inc. of Largo, Fla., was sentenced on Nov. 26 for violating the Clean Water Act by failing to report sampling results to the City of Largo in violation of a pretreatment permit. Grease Depot was ordered to make three payments, a $50,000 fine, $50,000 in restitution to the City of Largo and $4,040.43 in restitution for investigative costs to the Florida Department of Environmental Protection. The company also was put on two years probation.
In 2000, the defendant hired a private firm to test its wastewater for Biochemical Oxygen Demand (BOD) and then submitted the results to the City of Largo. Grease Depot, however, submitted only those results that showed its wastewater was within the BOD limits allowed in its pretreatment permit. The defendant knowingly omitted the reports that stated it was out of compliance.
Discharging wastewater with higher than permitted levels of BOD can raise the cost of sewage treatment at public treatment facilities and may be harmful to fish and aquatic life if wastewater with high BOD levels is released from sewage treatment plants into surface waters.
Guilty Pleas Entered For CWA Violations Rockingham-Lunex Co., Pleasant Valley, IA, and its President/CEO, William T. Schmidt, pleaded guilty recently to violating the Clean Water Act (CWA). They were charged in relation to the discharge of Solvol 107, a rust inhibitor, into a storm drain that empties into marsh waters which flow to the Mississippi River.
The company operates a metal fabrication plant near the Mississippi River. The plea agreement calls for Schmidt to serve eight months home confinement and pay a $5,000 fine and for Rockingham-Lunex to pay a $10,000 fine. The company also will be on probation for three years, during which time it must develop and implement an environmental compliance plan.
Charges Filed In Pesticide Spill Pied Piper Pest Control Inc., of Silver Spring, MD, the company owner, Martin Ira Rhode of Brookville, MD, and an employee, Charles Lewis Thomas, III, of Berwyn Heights, MD, were all charged recently with federal law violations resulting in the killing of fish and other aquatic life in Rock Creek, a tributary of the Potomac River.
Pied Piper is charged with a felony violation of the Clean Water Act (CWA) and a misdemeanor violation of the Federal Insecticide, Fungicide and Rodenticide Act. Rhode is charged with a misdemeanor violation of the CWA, and Thomas is charged with misdemeanor violations of both Acts.
All of the defendants were charged in connection with a spill of the pesticide, Prevail, onto the parking lot at the Pied Piper facility in Silver Spring. Prevail contains cypermethrin, which is extremely toxic to fish and other aquatic life. The charge is that, instead of cleaning up the spill with absorbents as advised on the pesticide's label, the spill was washed with a hose into a storm drain that emptied into Rock Creek.
If convicted, Pied Piper faces a maximum of up to $700,000 in fines. Rhode faces a maximum of up to one year in prison and/or a fine of up to $100,000, if convicted, and Thomas faces a maximum of up to two years in prison and/or up to $200,000 in fines, if convicted.
Fines Levied For Polluting River Guide Corp., an automotive lighting manufacturer in Anderson, IN, was sentenced on Oct. 12 after p guilty to seven criminal negligence charges under the Clean Water Act.
Guide was fined $1,956,000, ordered to pay $275,000 in restitution to the city of Anderson, and forfeited $1,956,000 to the United States, to be used to benefit the environment.
As part of its sentence, Guide was required to submit a plan for a comprehensive environmental and training program to the Office of Federal Probation and Parole. Guide was also required to serve five years probation, during which time it must comply with all environmental laws or face additional legal consequences.
The case involved a 1999 pollution event which killed more than 100 tons of fish along a 40-mile stretch of Indiana's White River, from Anderson to Indianapolis.
The company improperly discharged to the Anderson treatment plant approximately 1.6 million gallons of wastewater containing toxic concentrations of dimethyldithiocarbamate, the active ingredient of the wastewater treatment compound HMP-2000, as well as breakdown products such as carbon disulfide. In addition, the company negligently failed to test any of the discharged wastewater to determine if it contained concentrations of HMP-2000 or carbon disulfide.
The toxic concentrations of pollutants in the wastewater interfered with the operation of the Anderson sewage plant, resulting in the pollution and fish kill in the White River. In June the U.S. EPA, the U.S. Department of Justice and the state of Indiana settled civil claims against Guide arising from the fish kill, with Guide paying a total of over $10 million in clean-up costs, reimbursement and penalties.
Storage Tank Tests Falsified Falsified storage tank tests have landed the former president of Carolina Upgrading of South Carolina Inc. in prison. James Edward Adams of Inman, S.C., was sentenced for conspiracy to commit mail fraud and related crimes. Adams was ordered to serve 27 months in prison and three years probation. Carolina Upgrading was placed on probation for three years.
Adams directed employees of Carolina Upgrading to provide customers in South Carolina, North Carolina, Florida, Georgia, Virginia and Tennessee with falsified underground storage tank tests results and with invoices for those false results. Many of the over 1500 falsified tests for which customers were billed were not performed at all.
Two former employees of Carolina Upgrading, Mark Scruggs and Chris Fletcher, previously pleaded guilty to conspiracy to commit mail fraud and were each sentenced to five months of home confinement.
