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Enforcement Action Summary FY 2007 - July 2007
Week of July 2, 2007
Region 5 files a Consent Agreement and Final Order to commence and conclude case against Jones Dairy Farm, Inc., Fort Atkinson, Wisconsin.
On June 27, 2007, Region 5 filed a Consent Agreement and Final Order (CAFO) commencing and resolving simultaneously an administrative penalty action against Jones Dairy Farm, Inc. for allegedly violating CERCLA § 103(a), 42 U.S.C. § 9603(a), by notifying the National Response Center 3 hours and 10 minutes after a release of approximately 2,805 pounds of ammonia, which has a reportable quantity of 100 pounds, took place. Jones Dairy Farm also allegedly violated EPCRA § 304(b), 42 U.S.C. § 11004(b), by notifying the State Emergency Response Commission (SERC) 3 hours and 11 minutes after the release, and EPCRA § 304(c), 42 U.S.C. § 11004(c), by not providing the SERC with written follow up emergency notice as soon as practicable after the release. Region 5 calculated a proposed penalty in this matter of $114,735. Based on Jones Dairy Farm’s cooperation, willingness to settle, and other facts raised during negotiations, Region 5 deemed adequate a total settlement value of $60,000. The CAFO requires Jones Dairy Farm to pay a penalty of $36,060 and implement a Supplemental Environmental Project. The Supplemental Environmental Project, valued at $29,925, requires the installation of ammonia sensors in the compressor room that will be linked into an alarm in a guard house manned 24 hours per day.
Contact: Stephen Thorn 312-353-9715
Trucking Company Sentenced For Negligently Discharging Boron Contaminated Water Without a Permit. On June 25, 2007, Curry Office Supply, Inc., appeared in Springfield in the Central District of Illinois and was sentenced to a $50,000 criminal fine and three years probation for negligently discharging a pollutant to a water of the United States without an NPDES permit, in violation of the Clean Water Act. Curry Office Supply had pled guilty on January 11, 2007, to a January 4, 2007, one-count information alleging this crime. Employees and agents of Curry Office Supply worked at a bulk hauling facility at 3600 N. Dirksen Pkwy. in Springfield, Illinois (the Curry facility). On January 4, 2005, a grand jury in Springfield in the Central District of Illinois issued a one-count felony indictment alleging that Curry Ready Mix, Curry Ice & Coal, Lippold & Arnett and Gerald Lippold knowingly discharged a pollutant to a water of the United States without an NPDES permit in violation of the Clean Water Act. Curry Ready Mix & Builders’ Supply, Inc., was a bulk hauling and concrete-mixing company in Carlinville, Illinois, and an owner and operator of the Curry facility. Curry Ice & Coal of Springfield, Inc., and Lippold & Arnett, Inc., were bulk hauling companies, subsidiaries of Curry Ready Mix and also operators of the Curry facility. Gerald Lippold was a former owner of Lippold & Arnett, Inc., and a consultant to Curry Ready Mix who exercised substantial authority over the operations of the Curry facility.
The indictment alleged that beginning in 2001, coal combustion ash in a large excavation at the Curry facility contaminated several million gallons of ponded rainwater in that excavation with excessive boron levels. The indictment also alleged that between March and May 2003 and on Lippold’s orders, the Curry facility discharged a substantial portion of the boron ash wastewater into an unnamed tributary of the Sangamon River using sprayer trucks, a hose and a buried discharge pipe. The indictment also alleged that Lippold ordered this discharge after IEPA told Curry Ready Mix and Curry Ice & Coal that IEPA would not issue an NPDES permit to discharge the boron ash wastewater and after IEPA refused to issue a provisional variance to allow the Curry facility to discharge the boron ash wastewater in violation of water quality standards. The information alleged that defendant Curry Office Supply was negligent in supervising an agent at the Curry facility. U.S. EPA’s Criminal Investigation Division, the Illinois Department of Natural Resources, the Illinois Environmental Protection Agency and the Illinois State Police jointly investigated this matter.
Contact: Kris Vezner (312) 886-6827
Region 5 enters a RCRA Consent Agreement and Final Order with Trilla Steel Drum Corp. for a $101,627 civil penalty.
On June 21, 2007, Region 5 and Respondent Trilla Steel Drum Corp. (Trilla) entered into a Consent Agreement and Final Order (CAFO) requiring Trilla to pay a $101,627 civil penalty for violations of the Resource Conservation and Recovery Act.
On September 29, 2006, Region 5 filed an administrative complaint alleging that Trilla treated hazardous waste in its drying ovens without a permit, failed to make required waste determinations, improperly handled containers of waste, and did not comply with contingency planning and training requirements. That six-count complaint sought a $175,846 penalty.
In settlement discussions, Trilla presented mitigating evidence, especially concerning the nature and extent of its training program. Trilla also presented evidence showing that the potential harm to the environment from these violations was minimized because any emissions from the treatment activities were still within the limits of its Title V air permit. Trilla had ceased using its drying ovens even before Region 5 issued its original notice of violation and has certified that it is now in compliance with the RCRA requirements cited in the complaint. Region 5 considered these mitigating factors, along with Trilla’s cooperation, under the Agency’s RCRA penalty policy, and proposed a revised penalty of $101,627. Trilla agreed to pay the proposed amount.
Trilla subsequently submitted financial information to Region 5, requesting that it be allowed to pay its penalty in installments due to cash flow issues. While the information was not conclusive, in the interest of resolving the matter quickly, Region 5 agreed to allow Trilla to pay half of the penalty within 30 days of the CAFO’s effective date, and the remaining balance (plus $677.51 of accrued interest on that amount) within 150 days of the effective date.
Contact: Thomas Krueger, ORC, at (312) 886-6729; program contact: Spiros Bourgikos, (312) 886-6862.
Fort Wayne, Indiana Business and Owner Charged with Environmental Crime
On June 27, 2007, Alan Hersh and Hassan Barrel Company, Inc., were indicted in United States District Court, Northern District of Indiana, Fort Wayne Division, for one (1) felony violation of the federal Resource Conservation and Recovery Act (RCRA). The indictment alleges unlawful storage and disposal of RCRA hazardous waste at the Hassan Barrel Company, Inc. facility located in Fort Wayne, Indiana. Hersh was arrested in North Carolina on July 2, 2007. The criminal charges arose from a criminal investigation jointly undertaken by the Criminal Investigation Division of the U.S. Environmental Protection Agency and the Indiana Department of Environmental Management, Office of Criminal Investigation, which are part of the Northern District of Indiana Environmental Crimes Task Force. The Indictment is merely an allegation and all persons charged are presumed innocent until and unless proven guilty in court.
Contact: David Mucha (312) 886-9032
Region 5 files a Consent Agreement and Final Order to commence and conclude case against MAPEI Inc., West Chicago, Illinois.
On June 15, 2007, Region 5 filed a Consent Agreement and Final Order (CAFO) simultaneously commencing and resolving an administrative penalty action against MAPEI Inc. of West Chicago, Illinois, for alleged violations of § 113 of the Clean Air Act and the Illinois SIP. MAPEI’s alleged violations stemmed from two instances of failing to obtain a construction permit prior to commencing construction on an emission source. In each case, MAPEI had filed a permit application, but had not received a construction permit until after they began construction. In settlement, MAEPI has agreed to pay U.S. EPA’s proposed penalty of $5,240, and will undertake a pollution prevention Supplemental Environmental Project (SEP) valued at $34,000. In its SEP MAEPI will reformulate two products, resulting in a projected reduction of hazardous air pollutants (HAPs) of .86 tons per year.
Contact: Kathleen Schnieders, 312-353-8912
Week of July 9, 2007
Region 5 Settles Clean Air Act Matter with Lesaffre Yeast Corporation
On June 21, 2007, Region 5 issued a Consent Agreement and Final Order ("CAFO") settling Clean Air Act (CAA) violations by Lesaffre Yeast Corporation. On December 15, 2006, U.S. EPA filed a complaint against Respondent Lesaffre Yeast Corporation ("Lesaffre" or "Respondent"). The complaint alleges that Lesaffre violated Nonattainment New Source Review Requirements contained in the Act and in the Wisconsin State Implementation Plan ("SIP") (Count I) as well as emission limitations contained in Lesaffre's Title V permit and the Wisconsin SIP (Count II) at its facility in Milwaukee, Wisconsin. That facility closed in December 2005. This CAFO settles the complaint. EPA made a penalty reduction based on the degree of cooperation by the Respondent and potential litigation risk. The CAFO settles the matter for $202,500 (the complaint proposed a penalty for Count I of $488,080). Additionally, under the CAFO, the Respondent agrees that: (1) any emission reduction resulting from the activities which are the subject of the Complaint shall not be considered as a creditable contemporaneous emission decrease for purposes of obtaining a netting credit under the Clean Air Act's Nonattainment NSR and PSD programs; (2) emission reductions resulting from activities which are the subject of the Complaint shall not be used or sold in any emission trading or marketing program of any kind; and (3) the shutdown of the facility on December 22, 2005, was a "permanent shutdown" as defined by the United States Environmental Protection Agency Reactivation Policy.
Contacts: Catherine Garypie, ORC, (312) 886-5825; Jeff Cahn, ORC, (312) 886-6670; Manojkumar Patel, Air & Radiation Division, (312) 353-3565
EPA issues a Unilateral Administrative Order to ARG Corporation and Norbert Toubes pursuant to Section 106 of CERCLA (Docket No. V-W-07-C-873)
On July 5, 2007, Region 5 issued a Unilateral Administrative Order (“UAO”) to ARG Corporation and Norbert Toubes for the South Bend Lathe Superfund Site in South Bend, Indiana. Region 5’s Site Assessment identified a number of hazardous substances in drums, pails, underground storage tanks, a pit, and electrical transformer reservoirs at the former lathe manufacturing facility. The UAO requires the Respondents, among other things, to properly dispose of the hazardous substances, properly dispose of friable asbestos that pose a threat to the health and safety of cleanup workers, and conduct post-removal sampling to verify completion of the removal action.
Primary contact: Mark Koller, ORC, (312) 353-2591. Secondary contact: Ken Theisen, OSC, (312) 886-1959.
Week of July 16, 2007
EPA and the Dow Chemical Company enter into three CERCLA settlement agreements and orders on consent for the critical removal actions for cleanup of dioxin in, and along, the Tittabawassee River in Midland County, Michigan.
On July 12, 2007, the United States Environmental Protection Agency (U.S. EPA) and The Dow Chemical Company (“Dow”) entered into three separate Administrative Settlement Agreements and Orders on Consent under the authority of Sections 104, 106(a), 107 and 122 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9604, 9606(a), 9607 and 9622, as amended (CERCLA). The Administrative Settlement Agreements and Orders provide for CERCLA time critical removal actions to clean up dioxin-contaminated bottom deposits, sediments, and/or soils in, or along, the Tittabawassee River in Midland County, Michigan.
The first Administrative Settlement Agreement and Order on Consent (“AOC”) provides for the performance of removal actions by Dow to cleanup approximately 14,000 cubic yards of dioxin-contaminated bottom deposits and sediments at (and the reimbursement of response costs incurred by the United States at or in connection with) the area known as Reach D, which is located at and in the vicinity of an historic flume situated along the northeast bank of the Tittabawassee River, within The Dow Chemical Company Midland Plant property.
Under the second AOC, Dow agrees to perform a removal action at an area known as Reach J-K, which is located in overbank areas on the northeast side of the Tittabawassee River, approximately 3.6 miles downstream of the confluence of the Chippewa and Tittabawassee Rivers. Under this AOC, Dow will remove a dioxin-contaminated naturally occurring levee, as well as cap one dioxin-contaminated upland area and fence off another dioxin-contaminated wetland area. Dow will also reimburse response costs incurred by the United States. This Site is located within Dow's property bounded to the northeast by a wetland with Saginaw Road to the northeast beyond the wetland, the Caldwell boat launch to the South, and to the west by the east channel bank of the Tittabawassee River, in Midland County, Michigan.
Under the third AOC, Dow agrees to perform a removal action at an area known as Reach O of the Tittabawassee River, an approximately 1,300 foot-long point bar extending approximately 50 to 100 feet into the Tittabawassee River and situated parallel to the northeast bank of the Tittabawassee River, approximately 6.1 miles downstream of the confluence of the Chippewa and Tittabawassee Rivers and located within, or immediately adjacent to, Dow property located to the south of North Saginaw Road in Midland County, Michigan. Under this AOC, Dow will remove dioxin-contaminated sediments in three designated locations of the point bar. Dow will also reimburse response costs incurred by the United States. Each of these three performance based removal action are to be begin no later than August 15, 2007, and must be completed by December 15, 2007.
Contact: Jeffrey A. Cahn, primary contact 312-886-6670; James Augustyn, additional contact 440-250-1742.
U.S. District Court Denies Leave to File Additional Summary Judgment Motions and Re-schedules United States v. Cinergy, Inc. et al, (Clean Air Act) for Trial
The United States District Court for the Southern District of Indiana, Magistrate Judge Magnus-Stinson presiding, convened a status conference in the United States v. Cinergy new source review case on July 11, 2008. The conference followed the court’s order lifting a stay of proceedings that had been in place pending appellate resolution of a dispute over the applicable emissions test. At the conference, the plaintiffs moved for leave to file additional motions for partial summary judgment on Cinergy’s “routine maintenance” defense on nine contested projects, the court having granted an earlier motion on all the other projects on June 18th, and on a legal issue involving the baseline to apply for calculating emissions resulting from several of the projects. Cinergy did not object to the request for leave to file an additional RMRR motion, but objected to the request related to emissions calculation baseline. The court took the matter under advisement, and scheduled trial to begin on May 5, 2008, with a final pretrial conference on April 11, 2008. According to the Magistrate, the Judge has set aside the month of May for the trial. On July 17, 2007, the Court issued a written order confirming the dates and denying plaintiffs’ motion for leave to file additional summary judgment motions.
Region 5 ORC contacts: Gaylene Vasaturo, (312) 886-1811; Ignacio Arrazola, (312) 886-7152; Tom Williams, (312) 886-0814; Chuck Mikalian, (312) 886-2242; Timothy Thurlow (312) 886-6623.
Consent Decree Entered in Cost Recovery Litigation; Stipulation and Settlement Agreement Entered in Related Fraudulent Transfer Litigation
On July 9, 2007, Judge Rice of the Southern District of Ohio entered a Consent Decree in U.S. v. A-L Processors et al., which resolved the CERCLA liability of Burns Iron & Metal, Inc. at the United Scrap Lead Site in Troy, Ohio. Although the A-L Processors litigation was originally initiated in 1991, it has resulted in an RD/RA consent decree, and four cost recovery decrees, which includes the instant decree. Under the terms of this Consent Decree, Burns Iron & Metal, based upon an ability to pay determination, is to pay $312,000 to the Hazardous Substance Superfund and an additional $88,000 to the PRP group which performed the selected remedy at the United Scrap Lead Site. On July 6, 2007, Judge Rice entered a Stipulation, Settlement Agreement, and Order in U.S. v. Larry Katz, et al., litigation which is related to the A-L Processors litigation, and was filed against various parties to that litigation whom the United States alleges fraudulently transferred assets in violation of the Federal Debt Collection Procedures Act (FDCPA) and the Federal Priority Act (FPA), in order to avoid paying the government’s claims. The Stipulation and Settlement Agreement resolves the United States claims against various principals related to Burns Iron and Metal, and provides that they will pay $49,500 to the Hazardous Substance Superfund.
Contact: Sherry Estes, ORC, 312-886-7164; Deborah Garber, ORC, 312-886-6610.
Region 5 files a Consent Agreement and Final Order to commence and conclude case against BASF Construction Chemicals, LLC, Cleveland, Ohio.
On July 3, 2007, Region 5 filed a Consent Agreement and Final Order (CAFO) commencing and resolving simultaneously an administrative penalty action against BASF Construction Chemicals, LLC, formerly known as BASF Admixtures, Inc., formerly known as Degussa Admixtures, Inc., for violations of the National VOC Emissions Standards for Architectural Coatings, 40 CFR Part 59, Subpart D. The CAFO requires BASF Construction Chemicals to pay a penalty of $43,591. On October 31, 2006, Region 5 issued a Finding of Violation to BASF Admixtures for allegedly exceeding the VOC content limits for certain architectural coatings from 1999 until 2004. On February 28, 2006, prior to the issuance of the FOV, BASF Admixtures submitted past due exceedance fee and tonnage exemption reports along with $137,381 in past due exceedance fees. These efforts remedied the violations. Also, in mid-2005, BASF Admixtures began describing, labeling, and marketing the coatings at issue in this case as recommended solely for shop application. As a result, BASF Admixtures was no longer subject to the Architectural Coatings regulations at 40 CFR Part 59, Subpart D. BASF Admixtures merged with BASF Construction Chemicals on December 31, 2006. As a result of BASF Construction Chemicals’ cooperation, good faith, and other factors as justice may require, Region 5 determined that it was appropriate and consistent with the penalty policy to mitigate its planned proposed penalty of $76,284 to a settlement penalty of $43,591.
Contact: Mony Chabria, ORC, 312-886-6842.
Region 5 Files a Consent Agreement and Final Order Commencing and Concluding A Proceeding with Albemarle Corporation
Region 5 initiated prefiling discussions on this matter in June 2007. OnJuly 9, 2007 Region 5 filed a Consent Agreement and Final Order Commencing and Concluding a Proceeding with the Respondent to settle violations of Sections 12(a)(1)(E) and12(a)(2)(N)of FIFRA, 7 U.S.C. §§ 136j(a)(1)(E) and 136j(a)(2)(N). Specifically, the Respondentfailed to file a Notice of Arrival prior to the arrival of a shipment of two pesticide products. Additionally, the containers of each of these pesticide products did not have any labeling them in accordance with FIFRA and its regulations. During settlement discussions, the Respondent agreed to pay a civil penalty of $26,000.
Contact: Nidhi O’Meara, ORC, primary contact 312/886-0568; Joseph Lukascyk, technical contact 312/886-6322.
Region 5 Files a Consent Agreement and Final Order Commencing and Concluding A Proceeding with Meijer, Inc.
Region 5 initiated prefiling discussions on this matter in August 2006. The proposed penalty amount was $48,000. On July 12, 2007, Region 5 filed a Consent Agreement and Final Order Commencing and Concluding a Proceeding to settle violations of Section 112(r) of the Clean Air Act and its implementing regulations at 40 C.F.R. Part 68 with Meijer, Inc. concerning the Meijer Kitchen facility (a minor non-Title V facility) in Middlebury, Indiana. The Respondent failed to have documentation concerning required training and failed to update certain information in the risk management plan for the anhydrous ammonia refrigeration process at the facility. Based on Meijer’s cooperation and new information relating to the length of time of the violations, the parties agreed to resolve this matter by Meijer, Inc.’s payment of a civil penalty of $25,000.
Contacts: Jan Carlson, ORC, 312-886-6059; Monika Chrzaszcz, technical contact, 312-886-0181; Ann Coyle, ORC, 312-886-2248.
Oil Reclamation Company and Owner Charged With Illegal Sewer Discharges.
On July 9, 2007, in Indianapolis, Indiana, the United States Attorney for the Southern District of Indiana filed an information charging Miller Environmental Co., Inc., and its owner Anthony McCullough, each with three counts of knowingly making unlawful discharges at three Miller Environmental facilities in Shelbyville, Indiana, and Rushville, Indiana. The Miller Environmental facilities reclaimed and re-processed used oil; manufactured and blended chemicals; and degreased and derusted parts. The information charged that on at least 34 occasions between July 2002 and November 2003, the defendants discharged wastewaters containing oily residue, waste chemicals, acids, caustics, biocides and degreasing and derusting chemicals into local sanitary sewers in violation of the Clean Water Act. Conviction on each count carries a potential prison term of up to three years and criminal fines of up to $50,000 per day of violation. An information is only an accusation and the law presumes that a defendant is innocent unless convicted at trial. U.S. EPA's Criminal Investigation Division jointly investigated this matter with other members of the Indiana Inter-Agency Environmental Crimes Task Force for the Southern District of Indiana, including the Federal Bureau of Investigation, the Indiana Department of Environmental Management and the Indiana Department of Natural Resources. Contact: Kris Vezner, ORC, (312) 886-6827.
Environmental Compliance Official Charged With Negligence Related to Fish Kill.
On July 10, 2007, in Urbana, Illinois, the United States Attorney for the Central District of Illinois filed a three-count information charging Victoria Ursitti with negligent conduct relating to a July 11, 2002, discharge of ammonia-laden wastewater into the Urbana-Champaign sanitary sewer. Ursitti was an environmental compliance official with the University of Illinois at Urbana-Champaign. According to the charges filed, in spring 2002 the University undertook a boiler-cleaning project that generated thousands of gallons of wastewater with elevated ammonia concentrations. Ursitti was responsible for the project’s environmental compliance, but was allegedly negligent in overseeing the discharges. The wastewater contained too much ammonia for the treatment plant to handle, resulting in the wastewater being discharged into a tributary of the Vermillion River. According to the charges filed, the discharged wastewater caused a substantial fish kill as it flowed approximately 40 miles downstream to the Vermillion River. Conviction on each count carries a potential prison term of up to one year and criminal fines of up to $100,000. An information is only an accusation and the law presumes that a defendant is innocent unless convicted at trial. U.S. EPA's Criminal Investigation Division, the Illinois Department of Natural Resources and IEPA jointly investigated this matter.
Contact: Kris Vezner, ORC, (312) 886-6827.
Region 5 signs a Combined Complaint and Consent Agreement with C.G. & S. Provision Company
Region 5 began pre-filing discussions in this matter in April, 2006. On July 19, 2007, Region 5 filed a complaint and consent agreement and final order that initiates and concludes proceedings with C.G. & S. Provision Company to settle violations of both Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and violations of Sections 304(a) and 312(a) of the Emergency Planning and Community Right to Know Act (EPCRA). The specific violations were failure to immediately notify the National Response Center and the State Emergency Response Commission (SERC) of an August 11, 2005 release of anhydrous ammonia from this facility and failing to submit completed Emergency and Hazardous Chemical Inventory forms to the SERC and the local fire department for the 2002-2005 calendar years by March 1 of the relevant year. C.G. & S. Provision Company is currently in compliance with Section 312 of EPCRA; the settlement will require C.G. & S. Provision Company to pay a penalty of $27,000 broken into eighteen monthly payments with interest. This penalty includes a reduction for inability to pay, a reduction for cooperation and a reduction for quick settlement.
Contact: Padmavati Bending, 312-353-8917
Week of July 23, 2007
Region 5 signs a Combined Complaint and Consent Agreement with the City of Cincinnati, Ohio
Region 5 initiated this enforcement action in July 2006 when the Region sent a pre-filing notice letter to the City of Cincinnati notifying the city of violations of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act (EPCRA). The notice stated that Cincinnati violated Section 103 of CERCLA and Section 304 of EPCRA by failing to immediately report a release of 11,276 pounds of aluminum sulfate to the National Response Center, the state emergency response commission and the local emergency planning committee and failing to send written follow-up notification within seven days to the state emergency response commission and local emergency planning committee. Cincinnati subsequently demonstrated that the release did not leave the facility and was therefore not in violation of EPCRA. On June 27, 2007, Region 5 filed a combined complaint and consent agreement with Cincinnati in settlement of the company’s violations of CERCLA. Pursuant to the settlement, Cincinnati will pay a penalty of $17,550.
Contacts: Deborah Carlson, Office of Regional Counsel, 312-353-6121; Ginger Jager, Superfund Division, 312-886-0767.
U.S. Circuit Court Grants Motion Dismissing the Petition in Sherwin Williams’ Appeal of the Ohio SIP Approved by U.S. EPA Under the Clean Air Act
The United States Court of Appeals for the Sixth Circuit has, on July 12, 2007, granted the motion of Petitioner, Diversified Brands f/k/a Sprayon Products, a Division of The Sherwin Williams Company, to voluntarily dismiss the petition in this case. The original petition in this matter was filed after promulgation of a final rule published and made effective on April 25, 1996. 61 Fed Reg 18,255 (1996). The rule established volatile organic compound reasonably available control technology (RACT) requirements for specific sources in Ohio, including the facility operated by petitioner in this case. After lengthy discussions, the parties reached agreements on technical changes to the operation of the facility subject to the regulation which was the subject of Petitioner’s appeal. Sprayon agreed to install high efficiency incineration equipment to control its volatile organic compound (VOC) emissions. Ohio EPA drafted a site-specific regulation as a means to modify its State Implementation Plan and to incorporate the agreement in principle on technical issues among all the parties (Sprayon, Ohio EPA and US EPA). Ohio EPA proposed the new regulation to incorporate the parties’ agreements into the State Implementation Plan. On December 5, 2006, US EPA published a notice in the Federal Register requesting public comment on the new regulation (71 Fed Reg 70699 (Dec. 6, 2006)). The comment period expired on January 5, 2007. The Agency has approved, published and promulgated the new Ohio SIP revision. 72 Fed Reg 15045 (March 30, 2007). At Sprayon’s request, the Sixth Circuit has dismissed the petition for appeal. Sprayon is now the only aerosol can filling operation controlled with a high efficiency incinerator.
Contacts: Steve Rosenthal, 312-886-6052; Thomas C. Nash, 312-886-0552.
Consent Decree Lodged in Dupont Global Sulfuric Acid Plant Initiative Case
On July 20, 2007, a Consent Decree (CD) was lodged in the Southern District of Ohio resolving the E.I. du Pont de Nemours & Company (DuPont) global sulfuric acid plant case. This CD resolves a U.S. EPA Clean Air Act (CAA) Section 113(a)(1) and (3) enforcement action against DuPont at its sulfuric acid production facilities located in Ohio, Virginia, Louisiana, and Kentucky. The global resolution set forth in the CD also involves EPA Regions 3, 4 and 6, and three states: Ohio, Louisiana and Virginia. Region 5 initiated the investigations and negotiations leading to this Consent Decree, and acted as the “lead region” throughout the negotiations.
This case is part of EPA’s national New Source Review and Prevention of Significant Deterioration Acid Plant Priority Sector, a national initiative originally initiated by Region 5. Under this CD, DuPont will reduce sulfur dioxide emissions by approximately 13,600 tons annually from its four acid plants, through the installation of state-of-the-art controls at each plant. DuPont estimates the cost of this injunctive relief to be approximately $68.5 million. DuPont will also pay $4,125,000 in civil penalties to the Plaintiffs, including $2,475,000 to the United States.
Contact: Andre Daugavietis, Associate Regional, (312) 886-6663
United States Lodges Consent Decree Requiring Equistar Chemcial, Lp To Spend $125 Million To Reduce Pollution
The Department of Justice filed a Complaint and Consent Decree resolving a myriad of air, water and hazardous waste violations at seven of Equistar Chemical’s petrochemical plants in Texas, Illinois, Iowa and Louisiana. The Consent Decree, lodged in the Northern District of Illinois on July 18, 2007, requires Equistar to invest in comprehensive control and operational measures expected to significantly reduce air, water and hazardous waste pollution from the seven manufacturing facilities. The violations were primarily identified during NEIC inspections of Equistar’s Morris, Illinois, and Channelview, Texas, olefin production facilities. The total cost of the injunctive relief required under the Consent Decree is estimated at $125 million. In addition to the injunctive relief, Equistar will pay a civil penalty of $2.5 million in cash (to be divided among the federal government and participating states including Illinois) and spend $6.56 million on federal and state supplemental environmental projects. Region 5 was actively involved in the negotiations of the Consent Decree which requires $225,000 for state community-based supplemental environmental projects in Illinois including: $70,000 to the Minooka, Illinois, Community School District to fund the purchase of a new school bus that is biodiesel fuel compatible; $105,000 to the Illinois EPA Clean School Bus Program to be used within Grundy, Kendall, Kankakee, Livingston, or LaSalle counties to reduce emissions from diesel-powered school buses by installing EPA certified oxidation reduction catalysts, particulate filters, or anti-idling technologies; and $50,000 to the Grundy County Emergency Management Agency – Hazmat Team to fund the purchase of emergency response equipment. Regional
Contact: Susan Prout (312) 353-1029.
Northern District Of Indiana Enters Consent Decree Resolving Violations Of The Clean Air Act By Rhodia Inc.
On July 23, 2007, the Northern District of Indiana entered a Consent Decree resolving Clean Air Act violations by Rhodia Inc. at six sulfuric acid plants. Specifically, the Complaint in the matter alleged that Rhodia had failed to comply with the Prevention of Significant Deterioration regulations, Title V permitting requirements, and the New Source Performance Standards (NSPS) applicable to sulfuric acid plants. The global settlement addresses violations at all of Rhodia’s sulfuric acid plants, including its plants in California, Indiana, Texas and Louisiana. The City of Hammond, Indiana, Indiana, Louisiana, and California were Plaintiff-Intervenors in this matter. Under the settlement, Rhodia will install control equipment to achieve emission limits for sulfur dioxide, will apply for proper permits and will comply with the NSPS requirements at its plants. In addition, Rhodia will pay a $2 million penalty that will be shared amongst the United States and the Plaintiff-Intervenors.
Contact: Cynthia A. King, primary contact, 312-886-6831, Nathan Frank, secondary contact, 312-886-3850
Week of July 30, 2007
Region 5 investigating improper disposal of PCBs by the Milwaukee Metropolitan Sewerage District
On July 20, 2007, it was brought to Region 5’s attention that approximately 40 tons of PCB-contaminated fertilizer had been donated by the Milwaukee Metropolitan Sewerage District to Milwaukee County. Approximately seven tons of the contaminated fertilizer was spread over four county parks and more than 30 schools received the fertilizer. At least one sample of the fertilizer contained 85ppm of PCBs. Working in consultation with the Wisconsin Department of Natural Resources, regional staff from the Superfund, Land and Chemicals, and Water Divisions have visited the impacted sites and collected samples to determine the extent of contamination. While awaiting the sampling results, the Region is evaluating enforcement and clean-up options.
Primary contact: Ann Coyle, Office of Regional Counsel, (312) 886-2248.
Illinois Manufacturing Firm and Owner Plead Guilty To Illegal Hazardous Waste Storage
On July 27, 2007, TCI Manufacturing, Inc. (TCI) and one of its owners, Michael W. Maynard, pleaded guilty in Bureau County circuit court to criminal storage of hazardous waste, a Class A misdemeanor. TCI manufactures conveyors and other equipment used in quarries and gravel pits at a facility located in Walnut, Illinois. According to the charges filed, in December 2004, the company had collected and was storing over thirty 55-gallon drums of xylene paint waste, some of which was as much as 4-years old, without obtaining a needed RCRA permit. TCI and Maynard pleaded guilty to the charges the same day, and were sentenced in accordance with a plea agreement. TCI and Maynard were each fined $2,500. TCI and Maynard were also required to pay restitution to the Illinois Environmental Protection Trust Fund in the amount of $17,500 each and to pay $50,000 each to the Midwest Environmental Enforcement Association. The case was prosecuted by the Illinois Attorney General’s office and was investigated by EPA CID.
Contact: David M. Taliaferro (312) 886-0815.
Guilty Pleas In E. St. Louis Asbestos Renovation Case
On July 12, 2007, Isaiah Newton pleaded guilty to conspiring to violate the Clean Air Act relating to the improper removal and disposal of asbestos from a building in 2002. According to documents filed in court, Newton was hired to supervise a work crew at a prominent building in downtown E. St. Louis known as the Spivey Building. Newton admitted that pipe insulation and other asbestos-containing materials were improperly removed without the use of any water to control emissions, and that the waste was improperly disposed of in dumpsters without warning the transporters that the waste contained asbestos, and that he had discussed with the man who hired him, Charles Powell, that the building contained asbestos. Powell pleaded guilty to related charges on June 15. 2007. A date for sentencing has not been set.
Contact: David M. Taliaferro (312) 886-0815.
Consent Decree Lodged Requiring Reimbursement of Response Costs at the Johns Manville Site 2 (Former Shooting Range) Superfund Site
On August 26, 2007, the United States lodged with the United States District Court for the Northern District of Illinois a CERCLA consent decree resolving the liability of four parties and the Department of Defense at the Johns Manville, Site 2 ( Former Shooting Range) site. The consent decree requires the four settling defendants, Johns Manville, the City of Waukegan, Commonwealth Edison (formerly Public Service Company of Northern Illinois), and Midwest Generation to reimburse $3,014,000 of costs incurred for the site, and requires the Department of Defense to reimburse $741,000, for a total recovery of $3,755,000. The United States has incurred approximately $4,500,000 in site costs. The consent decree is subject to a 30-day public comment period before the Court will hear a motion to enter. The Johns Manville, Site 2, was constructed in approximately 1958 as a shooting range for the 1959 PanAm Games. Waste asbestos containing material (ACM) was used to construct the shooting range berms. In 1998, Illinois notified U.S. EPA of ACM at the site. The parties were unable to reach an agreement for a voluntary cleanup and U.S. EPA conducted a removal action, which was completed on October 2, 2002.
Contact: Stuart P. Hersh, Associate Regional Counsel, 312-886-6235.
Judge Appoints Receiver to Implement Institutional Controls and To Enable Sale of Abandoned NPL Site
On July 6, 2007, Judge Rice of the Southern District of Ohio in U.S. v. A-L Processors et al., granted the United States’ motion to appoint a receiver at the United Scrap Lead NPL Site in Troy, Ohio. In 1998, the United States had entered into a Remedial Design/ Remedial Action (RD/RA) decree which included the owners and operators of the Site, the United Scrap Lead Company and Charles Bailen. Included in their duties under the decree was the implementation of institutional controls. Proprietary controls, however, proved difficult to implement, because no party wanted to serve as a grantee of an environmental easement or covenant. In December 2004, the Ohio General Assembly enacted the Uniform Environmental Covenants Act (UECA), which enabled EPA to implement controls running with the land without the need of a third party grantee. However, before a UECA covenant could be implemented at the Site, Charles Bailen, the sole surviving principal of the United Scrap Lead Company, Inc., passed away. The United States’ motion requested the appointment of a receiver so that the RD/RA decree could be fully carried out, including any needed access on the part of EPA or the Respondent Group to implement five-year review or post-construction completion inspections. Under Judge Rice’s Order, the Receiver is also empowered to sell the Site to WACO, a local aviation history museum located adjacent to the Site, to ensure Site security.
Contact: Sherry Estes, 312-886-7164; Deborah Garber, 312-886-6610.
United States Lodges Consent Decree for CERCLA Remedial Action, Cost Recovery and Natural Resource Damages for Woodstock Municipal Landfill, Woodstock, IL
On August 1, 2007, the U.S. Department of Justice, on behalf of EPA Region 5 and the U.S. Department of Interior, lodged in the U.S. District Court for the Northern District of Illinois a civil Consent Decree regarding the Woodstock Municipal Landfill Site in Woodstock, Illinois. Under the Decree, the two settling parties, City of Woodstock and Honeywell International Corporation, will reimburse EPA for all CERCLA past and future response costs and complete the remedial action at the Site and also pay an amount in natural resource damages.
The Woodstock Municipal Landfill is a former publicly-owned solid waste landfill that received various municipal and industrial wastes through the 1950s and 1960s, allegedly including heavy metals-containing sludge from a former “Autolite” plant owned by a Honeywell International predecessor. EPA issued a ROD for the Site in 1993 identifying a cap and pump-and-treat remedy, which the responsible parties declined to implement; they petitioned the agency for a ROD amendment. Following review, EPA issued an Amended ROD in 1998 and again invited the PRPs to implement the revised remedy; again they declined to do so voluntarily and EPA issued a UAO for remedial action. The PRPs generally complied with the UAO except for the requirement that they pay all EPA’s oversight costs. EPA then made demand for all unpaid costs, and engaged the Justice Department when the PRPs did not respond. The Consent Decree calls for the payment of $567,000 in past costs, payment of “interim” response costs incurred during the pendency of negotiations, and payment of EPA’s future costs, in addition to payment of $400,000 to the Department of Interior as natural resource damages. The Decree also calls for completion of the remedial action, which now generally consists of wetlands restoration, monitoring of groundwater contaminant attenuation, and review of institutional controls
ORC Contact: Tom M. Williams, 312/886-0814; Superfund Division Contact: Brad Bradley, 312/886-4742.
Three Bond International's Self-Disclosure Of Violation of TSCA Polymer Exemption Rule Meets Criteria Of Audit Policy
On July 30, 2007, U.S. EPA Region 5 notified Three Bond International that its self-disclosure of a failure to file a report on the import of an exempt polymer as required by 40 C.F.R. 723.250(f) at its West Chester, Ohio facility met all nine criteria of EPA's audit Policy.
Contact: Gaylene Vasaturo, 312-886-1811
U.S. EPA enters into Administrative Order on Consent with North Shore Gas for an RI/FS at two sites in Waukegan, Illinois
North Shore Gas operated manufacture gas plants (MGP) in Waukegan, Illinois. Two of these locations were: the North Plant Site located at 849 Pershing Road, Waukegan, Lake County, Illinois and the South Plant Site located at 2 North Pershing Road and 1 South Pershing Road, Waukegan, Lake County, Illinois. Both properties covered by the agreement are relatively close to Lake Michigan. MGPs produced gas from coal from the mid-19 th through the mid-20 th centuries. After World War II, coal gas was phased out and replaced with natural gas for cooking and heating. At each of these sites, North Shore Gas produced coal gas. Waste from MGP operations includes tar, oil, cinders, coke (coal residue), metals (including arsenic, chromium, lead, silver, and selenium), BTEX, and a number of PAHs. This waste material was disposed of in the soil on the sites and leached to the groundwater. Groundwater flow is toward Lake Michigan. On July 23, 2007, the U.S. EPA signed an Administrative Order on Consent with North Shore Gas. Pursuant to the terms of the AOC, the North Shore Gas agreed to conduct a Remedial Investigation and Feasibility Study (RI/FS) at each Site and to pay oversight costs incurred by the U.S. EPA at each Site. Neither Site is on the National Priorities List but both are considered sites under the Superfund Alternative Site Program. Following the completion of the RI/FS, a final cleanup determination will be made for each site by U.S. EPA, in consultation with Illinois EPA, the City of Waukegan and area residents.
Contact: Peter Felitti, Multi-Media Branch I, (312) 886-5114 .
U.S. EPA Signs Release of CERCLA 107(l) Lien on PRP/Defendant-Owned Portion of the Southeast Rockford Groundwater Contamination Superfund Site-Source Area 7
On August 1, 2007, USEPA signed a release of a CERCLA 107(l) lien on property owned by Mr. Glen Ekberg, an owner-operator at Source Area 7 of the SE Rockford Superfund (SER) Site in Rockford, Illinois. The Release of Lien is in fulfillment of a USEPA obligation pursuant to an August 2006 cost recovery Consent Decree (CD) in U.S. v. Glen Ekberg, No. 01-C-50457, N.D. IL-Western Div. Under the CD, the defendant was obligated to pay U.S. EPA $1,231,125 (plus interest) in two (2) installments between September 2006 and July 1, 2007. In the CD at paragraph 34, the United States agreed that upon full payment by Mr. Ekberg, an existing federal CERCLA 107(l) lien placed on his property in 2003 would be released. Mr. Ekberg completed his (full and complete) payment on June 29, 2007. The SER Site is an approximately 10 square-mile area where groundwater is contaminated (primarily) by VOCs above 10 parts-per-billion. The Site was placed on the NPL in March 1989. A series of removal actions, remedial studies and development of a final source control ROD occurred between 1989 and 2002. The United States settled response work, and past and future costs with the City of Rockford, IL and a number of other generator and owner parties between 1998 and 2000. Source Area 7 is in the southeastern portion of the SER Site. Mr. Ekberg’s property is located within Source Area 7. Mr. Ekberg, as an owner of a portion of the SER Site, was given general notice in 1998, and asked to participate in settlement negotiations. Mr. Ekberg refused. In December 2001, the United States sued Mr. Ekberg for past and future costs associated with Source Area 7. In March and April 2003, U.S. EPA perfected a CERCLA 107(l) lien on Mr. Ekberg’s property. The August 2006 CD resolves all cost recovery against Mr. Ekberg.
ORC contact: Tom Turner, 312/886-6613; Superfund Division contact: Russ Hart, RPM, 312-886-4484.