Release Date: 03/19/2012Contact Information: Dawn Harris-Young, (404) 562-8421, harris-young.dawn@epa.gov

ATLANTA – Representatives from the U.S. Environmental Protection Agency (EPA), the Alabama Department of Public Health (ADPH), and the Jefferson County Department of Health (JCDH) will present a community workshop on mold and childhood lead poisoning prevention on March 26, 2012.

The workshop will include brief presentations on EPA recommendations for removing and avoiding the future growth of mold, and on the Alabama Childhood Lead Poisoning Prevention and Regulatory Programs. Attendees will have the opportunity to discuss these issues following the presentations. The workshop is free and open to the public.

WHO: EPA, ADPH and JCDH
WHAT: Mold and Childhood Lead Poisoning Prevention Workshop

WHEN: March 26, 2012 from 6:00 p.m. until 8:00 p.m. (Doors will open at 5:30 pm)

WHERE: Hudson K-8 School
3300 Shuttlesworth Drive
Birmingham, AL 35207

Community members interested in obtaining additional information are encouraged to contact Barbara Newman of the Jefferson County Department of Health at (205) 930-1254.

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Release Date: 03/09/2012Contact 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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Release Date: 05/03/2012Contact Information: Phillippa Cannon, 312 353-6218, cannon.phillippa@epa.gov

CHICAGO (May 3, 2012) — The U.S. Environmental Protection Agency announced that, for the first time, McDonald’s USA, LLC Oakbrook, Illinois, has made its list of the Top 50 green-powered organizations. McDonald’s is number 11 on the 2012 list. It made a commitment to match 30 percent of its electricity use at company-owned restaurants in 2011 and 2012 with renewable energy certificates from U.S. wind sources. It has also reduced energy consumption in its restaurants through multiple energy efficiency initiatives and technical innovations.

Combined, the Top 50 green power partners are using more than 15 billion kilowatt-hours of green power annually. Through their use of green power, these organizations are avoiding carbon pollution equal to that created by electricity use of more than 1.3 million American homes each year.

EPA’s Green Power Partnership works with more than 1,300 partner organizations, over half of which are small businesses and nonprofit organizations, to voluntarily use green power. Green power resources produce electricity with an environmental profile superior to conventional power technologies, and produce significantly fewer greenhouse gas emissions.

“We applaud all of our Green Power Partners for their use of clean, renewable energy. For the first time, each of the Top 50 partners is using more than 100 million kilowatt-hours of green power annually,” said EPA Administrator Lisa P. Jackson. “Their actions help to reduce harmful carbon pollution that threatens the health of our planet and the air we breathe, and mark another step toward a new era of clean, innovative American energy.”

More on the Top 50 list and other rankings: www.epa.gov/greenpower/toplists.

More on EPA’s Green Power Partnership: www.epa.gov/greenpower.

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Release Date: 04/26/2012Contact Information: Emily Zimmerman, (617) 918-1037

(Boston, Mass.–April 26, 2012)The EPA and the Massachusetts Department of Environmental Protection (Mass DEP) will be holding a public meeting on Monday, April 30, 2012 to discuss next steps for the Walton & Lonsbury Site at 78 North Avenue, Attleboro, Mass.
EPA, in conjunction with MassDEP, is evaluating the Site for inclusion on the National Priorities List (NPL). The NPL is a national list of sites that EPA determines requires further investigation and potential cleanup in order to protect human health and the environment in the long-term. It is anticipated that the Site could be proposed to the NPL in September 2012.
The results from the latest rounds of sampling indicate that contamination does extend beyond the original site boundaries.   MassDEP and EPA continue to work together to address the issues and reduce the potential risks to human health and the environment from the contamination source.
The meeting to discuss this and provide an update on ongoing removal activities will be held on April 30, 2012 from 7:00-9:00pm in Attleboro City Hall 77 Park Street, Attleboro, MA 02703. 
EPA began its removal action at the 78 North Avenue Site in October 2010.  Since then, the Walton & Lonsbury building has been removed and contaminated soils continue to be addressed. 
Over the past few months, additional soil and water samples have been collected by the MassDEP and EPA on residential properties south of the Site as part of an investigation to determine the nature and extent of contamination at the former Walton & Lonsbury site. 
This ongoing investigation is part of an effort by MassDEP and EPA to develop a comprehensive strategy to address the impacts from the former Walton and Lonsbury site.  During previous sampling events, it was evident that contamination from the Walton & Lonsbury Site migrated from the facility due to rain and surface water.
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Release Date: 03/28/2012Contact Information: EPA: Margot Perez-Sullivan, 415-947-4149, Perezsullivan.margot@epa.gov DOJ: Lauren Horwood, 916-554-2706

SACRAMENTO, Calif. — The United States Attorney’s Office for the Eastern District of California and the U.S. Environmental Protection Agency (EPA) announced today that Forward Inc., of Manteca, has agreed to a settlement to resolve alleged violations of air pollution laws at its landfill in Manteca. The settlement requires Forward to spend approximately $3.8 million to improve the landfill’s gas collection and control system and to replace trucks in the landfill’s fleet with less polluting vehicles. Forward has also agreed to pay a civil penalty of $200,000, to be shared with the San Joaquin Valley Unified Air Pollution Control District, a co-plaintiff in the enforcement action against Forward.
“Today’s settlement is good news for the families of the San Joaquin Valley,” said Benjamin B. Wagner, United States Attorney for the Eastern District of California. “Cleaning up the Valley’s air so that our children can breathe easier is important for all of us.”
“Landfill fires that deteriorate the air quality in San Joaquin Valley are unacceptable,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Our federal enforcement action requires the landfill to spend $3.8 million to eliminate the risk of polluting fires and replace old diesel trucks with cleaner burning vehicles.”
The settlement resolves allegations that Forward violated the Clean Air Act by operating gas extraction wells in the landfill’s gas system in violation of the permit it had received from the District, and that Forward did not obtain permits required for equipment at the landfill. Federal law requires large landfills that are significant emitters of air pollution to install and operate systems that will collect gasses, such as air toxics, organic compounds, and methane, out of the decomposing refuse and destroy them, rather than allowing them to escape into the atmosphere. Methane is a potent greenhouse gas. These systems are to be operated so that they draw and collect as much gas as possible without pulling air into the landfill that can start fires in the decomposing waste. The complaint alleges that Forward operated its gas system such that it caused multiple fires at the Manteca landfill.
The settlement requires Forward to overhaul the landfill’s gas system by November 2012 to improve gas control and collection and to bring the facility back into compliance with CAA regulations governing landfills, which will require an investment of approximately $1.7 million. The settlement also requires Forward to implement specific operations and maintenance actions to minimize air intrusion and the likelihood of subsurface fires at the landfill.
The settlement will also benefit the San Joaquin Valley’s air and its communities by reducing emissions of particulate matter (PM) and nitrogen oxide (NOx), which can cause and exacerbate health problems, haze, and smog. PM is a pollutant commonly associated with landfill fires, and Forward will reduce its PM emissions by replacing 19 diesel trucks it currently owns with cleaner burning vehicles by the end of 2013, at an estimated cost of $2.1 million. This will directly reduce PM by 3.4 tons and NOx by 83.2 tons, and will result in further indirect reductions of PM, as NOx is a precursor of PM. The NOx reductions yield a double benefit, as NOx is also a precursor for ozone, and the San Joaquin Valley is an extreme non-attainment area for ozone, another pollutant linked to health problems and smog.
The consent decree, lodged in the U.S. District Court for the Eastern District of California, is subject to a 30-day public comment period and court approval and may be viewed at www.justice.gov/enrd/Consent_Decrees.html.
For more information about CAA landfill regulations, please visit the EPA’s web site at: http://www.epa.gov/ttn/atw/landfill/landflpg.html#IMP.
For more information about California air quality plans, please visit EPA’s web site at:

http://www.epa.gov/region9/air/actions/ca.html.

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Release Date: 04/05/2012Contact Information: Monica Heimdal, 303-312-6359; Matthew Allen, 303-312-6085

Developers pay $30,000 for Damaging and Polluting Panguitch Lake

Companies and individual cited for unauthorized construction activities at Panguitch Lake Adventure Resort

Contacts: Monica Heimdal, 303-312-6359; Matthew Allen, 303-312-6085

(Denver, Colorado – April 3rd 2012) The U.S. Environmental Protection Agency has entered into a Combined Complaint and Consent Agreement (CCCA) and an Administrative Order on Consent (AOC) with Polidori Corporation, Inc., Poli-Gold, LLC, and Veronica Polidori (collectively, Polidori) in response to alleged violations of the Clean Water Act at Panguitch Lake in Garfield County, Utah. EPA alleges that Polidori discharged dredged or fill material to the lake and adjacent wetlands, in violation of the Clean Water Act, during the construction of a marina and RV park.

The AOC, which replaces an administrative order for compliance issued in September of 2010, addresses discharges of dredged or fill material by Polidori, or persons acting on their behalf, to approximately 7.5 acres of Panguitch Lake and adjacent wetlands during the construction of a marina and RV park during 2007 and 2008. The unauthorized work included construction of a coffer dam in the lake, dredging and filling a large portion of an existing marina, and placement of large rocks along the perimeter of the new marina. Additional activities associated with the development of the RV park included construction of a rock wall, the discharge of large amounts of earthen fill, and placement of large rocks along a portion of the lake’s southern shoreline.
"The construction at the Panguitch Lake Adventure Resort degraded more than seven acres of the lake and nearby wetlands,” said Mike Gaydosh, EPA’s enforcement director in Denver. “It is critical that those wishing to take actions that impact surface waters and wetlands contact the U.S. Army Corps of Engineers first to see if their planned activities can be permitted."

Polidori has paid a penalty of $30,000 and will remove and/or mitigate discharged material. Where material is removed, impacted areas must be restored to pre-impact conditions and grade. Prior to undertaking this work, Polidori must submit a plan for EPA approval that details how restoration and mitigation will be accomplished.

Panguitch Lake and its adjacent wetlands provide numerous functions and values, including aquatic and wildlife habitat, groundwater recharge, flood attenuation, recreation and aesthetics. Placement of dredged or fill material into waters of the U.S. can have adverse impacts on wildlife habitat and on communities of fish, plants and insects.

A permit is required before performing any work that results in discharges of material into rivers, lakes, streams and wetlands. Any person planning to do such work in southern Utah should contact the U.S. Army Corps of Engineers’ St. George Regulatory Office (321 North Mall Drive, Suite L-101, St. George, UT 84790; telephone, 435-986-3979) before beginning work to determine if a permit is needed.

For more information on the Clean Water Act, visit EPA’s compliance web page: http://www.epa.gov/compliance/civil/cwa/index.html

For more information about the importance of wetlands in flood control and habitat conservation, visit: http://www.usace.army.mil/ or http://www.epa.gov/owow/wetlands/

Help EPA protect our nation’s land, air and water by reporting violations: http://www.epa.gov/tips/

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Release Date: 02/23/2012Contact Information: John Martin (212) 637-3662 (office), (646) 256-6710 (cell), martin.johnj@epa.gov

(New York, N.Y.) The U.S. Environmental Protection Agency and Hackensack University Medical Center have entered into an agreement to enhance environmental practices at the hospital. The medical center has pledged to reduce its use of plastics, reduce and recycle solid waste, complete the final phase of its green roof, use nontoxic cleaning products, conserve energy and water, and reduce air pollution from its vehicles. The Hackensack University Medical Center is the first hospital in Bergen County to sign such an agreement with the EPA.

"Hackensack University Medical Center continues to distinguish itself as an environmental leader in New Jersey and beyond,” said EPA Regional Administrator Judith A. Enck. “The commitments they are making today will help create a healthier environment for their patients, staff and community. I am hopeful that other hospitals in New Jersey will follow the example set by the medical center. I am also honored to stand with Deirdre Imus, a trailblazer in the work to protect children’s health. Her work to promote nontoxic cleaning products is incredibly important.”

“HackensackUMC is proud to partner with the Environmental Protection Agency to increase our already aggressive energy conservation and sustainability efforts,” said Robert C. Garrett, President and Chief Executive Officer, HackensackUMC. “As one of the nation’s top 50 hospitals providing the largest number of inpatient and outpatient services in the State of New Jersey, our mission is to improve the lives of our patients, their families and the communities we serve. Becoming an even more environmentally-friendly healthcare institution allows us to further that mission.”

“For more than a decade, HackensackUMC has been the healthcare leader in environmental sustainability, beginning with the Greening the Cleaning program in 2001, which promotes the use of nontoxic cleaning products and in 2005 with the design and construction of one of the first green hospitals in the country,” said Deirdre Imus, Founder and President of the Deirdre Imus Environmental Health Center at HackensackUMC. “By recycling more, consuming less and embracing environmentally-friendly practices, HackensackUMC is creating a healthier environment for everyone.”

Under its Memorandum of Understanding with the EPA, Hackensack University Medical Center has agreed to:

Achieve at least a 10% reduction in energy consumption and become an EPA Energy Star partner.
Reduce plastic bottle use by 15% by 2013 by using bottle-less water coolers.
Increase the hospital’s recycling rate from 14% of solid waste to 35% and continue to donate, sell or properly recycle all electronic waste.
Recycle or reprocess laser toner and inkjet cartridges and reduce the use of mercury and di-2-ethylhexyl phthalate/polyvinylchloride (DEHP/PVC) throughout the hospital.
Use construction materials with recycled content.
Recycle or reprocess equipment.
Install water conserving equipment, including the installation of low-flow toilets and faucets.
Reduce air pollution from construction vehicles and equipment by requiring the use of ultra-low sulfur diesel fuel by promoting the use of best available pollution control retrofit technologies on construction equipment and by implementing a no-idling policy.
Complete the medical center’s 7,000 square-foot green roof and garden, which will reduce stormwater runoff.

Hackensack University Medical Center will submit an annual status report to the EPA, which the agency will use to determine the environmental benefits associated with the hospital’s “green” activities and provide feedback on ways to improve its environmental performance.

In 2006, the EPA awarded The Deirdre Imus Environmental Center for Pediatric Oncology at Hackensack University Medical Center an Environmental Quality Award, which recognizes outstanding contributions by organizations and individuals to protect public health and the environment. The center is one of the first hospital-based programs with the specific mission of identifying and ultimately preventing exposure to environmental factors that may cause pediatric cancer and other health problems in children. Leading by example, its “Greening the Cleaning” program eliminates the use of cleaning agents containing hazardous ingredients whenever possible and replaces them with environmentally responsible products.

EPA has similar agreements in place with a number of major sports organizations, universities, and businesses in New York and New Jersey.

For more information on EPA green agreements, visit http://www.epa.gov/region02/greenteam.

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

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Release Date: 04/25/2012Contact Information: Derrick Terada, EPA FIFRA Program, 206-553-4768, terada.derrick@epa.gov
Tony Brown, EPA Public Affairs, 206-553-1203, brown.anthony@epa.gov

(Seattle – April 25, 2012) Columbia Sportswear Company, headquartered in Portland, Oregon sold and distributed mislabeled pesticide-treated clothing in violation of federal pesticide rules, according to a settlement with the U.S. Environmental Protection Agency.

EPA found that the clothing labels lacked the required EPA pesticide registration number, a proper ingredient statement, a proper storage and disposal statement, and were missing the statement "It is a violation of Federal Law to use this product in a manner inconsistent with its labeling."

EPA immediately issued a Stop Sale Order on the products until they could be properly labeled by the company, which fully cooperated with EPA. The company will pay a fine of $22,880.
According to Scott Downey, manager of EPA’s pesticide unit in the Seattle office, pesticides must be properly labeled to ensure protection of human health and the environment.

“We are very concerned that pesticide products are labeled correctly and that the language is identical to what the Agency originally reviewed and approved,” said EPA’s Downey. “Labels are carefully worded to inform consumers about the safe use of a product and any risks.”

EPA first learned about the misbranded products by monitoring pesticide imports and finding that one of the company’s shipments coming into the U.S. had been denied entry at a foreign port. Further investigation revealed that several other shipments of clothing treated with “Insect Blocker” were returning to the U.S. with foreign product labels and then erroneously being redirected for domestic sale. Domestic sale of items that include pesticides must meet United States labeling requirements, which differ from those of other countries.

For additional information about pesticides, visit: http://www.epa.gov/pesticides/

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Release Date: 03/27/2012Contact Information: Chris Whitley, 913-551-7394, whitley.christopher@epa.gov

Environmental News

FOR IMMEDIATE RELEASE

(Kansas City, Kan., March 27, 2012) – The National Cooperative Refinery Association (NCRA) has agreed to pay $700,000 in penalties to the United States and the State of Kansas, and perform a series of injunctive relief actions, to settle violations of federal environmental laws and the Kansas State Implementation Plan at its petroleum refinery and underground storage facility in McPherson County, Kan.

As part of a consent decree lodged yesterday in U.S. District Court in Kansas City, Kan., NCRA will pay $475,000 in penalties to the United States and $225,000 to the State of Kansas. As a part of the settlement, NCRA has agreed to spend approximately $745,000 on supplemental environmental projects involving the purchase of emergency response equipment and services for the benefit of citizens and emergency response agencies in McPherson County.

NCRA owns and operates an 85,000-barrel-per-day petroleum refinery on Iron Horse Road in the city of McPherson, Kan., and an associated underground product storage facility in the nearby unincorporated community of Conway, Kan.

According to a complaint by the U.S. Department of Justice, the U.S. Environmental Protection Agency, the Kansas Attorney General’s Office and the Kansas Department of Health and Environment, NCRA:

Violated the federal Clean Air Act (CAA) by failing to maintain and operate the refinery’s Unicracker Unit and associated air pollution control equipment in a manner consistent with good air pollution control practices, resulting in a 20-day flaring event that caused significant emissions of hydrogen sulfide and sulfur dioxide to the atmosphere.
Violated the CAA and the Kansas State Implementation Plan by exceeding emission limits contained in a construction permit for the refinery’s Unicracker Unit heater and Hydrogen Unit heater.
Violated the CAA by failing to fully implement a Risk Management Program at the refinery and the underground product storage facility.
Violated the federal Emergency Planning and Community Right-to-Know Act (EPCRA) and the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) by failing to make timely reports of releases of hydrogen sulfide and sulfur dioxide during four separate flaring events at the refinery, including the previously mentioned 20-day flaring event.
Violated the EPCRA by submitting incomplete Tier II reports, which are supposed to include the identity and inventory of on-site chemicals, to emergency responders.
Violated the EPCRA by failing to submit an accurate and complete Toxic Release Inventory (TRI) form to EPA.

The consent decree requires NCRA to perform a series of injunctive relief actions to address its non-compliance issues and enhance future compliance through greater emphasis on the Risk Management Program. These include performing an applicability study at the refinery and underground storage facility, providing detailed tank inspection timelines and information, and documenting the resolution of process hazard analyses and compliance audit findings.

For the CAA violations, the relief involves training for start-up procedures and revision to applicable limits for the refinery’s Unicracker Unit Heater.

Relief associated with the EPCRA and CERCLA violations includes completion of a compliance review for Tier II, TRI and episodic release reports. It also includes the submission of an associated report to EPA, retroactive release reporting, and release report training.

NCRA’s supplemental environmental projects, totaling at least $745,000, are designed to further the goals of EPCRA and the Risk Management Program, which seek to prevent accidental chemical releases, minimize the consequences of accidents that do occur, and enable local emergency responders to plan and respond effectively to chemical accidents.

The consent decree is subject to a 30-day public comment period and final approval by the court.

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