ENVIRONMENT HEADLINESEnvironment
Tonawanda Coke Ordered to Comply with State, Federal Laws
Jan. 29, 2010 The U.S. Environmental Protection Agency (EPA) and the New York State Department of Environmental Conservation (NYSDEC) have ordered Tonawanda Coke Corp. (TCC) over the past two months to maintain and operate its coke manufacturing facility in a manner that no longer violates federal and state environmental laws.
EPA is sharing information about its ongoing multi-faceted investigation of this facility. In 2009, EPA and NYSDEC conducted a comprehensive series of inspections of the Tonawanda Coke facility. They determined that the company violated the Clean Air Act by polluting the air with uncontrolled releases of ammonia and benzene, failing to conduct required annual maintenance inspections of emission controls and proper maintenance and operations, and failing to complete multiple required reports.
EPA is also insisting that TCC take immediate steps to meet the requirements of the New York State air pollution plan. The company violated the Resource Conservation and Recovery Act in the improper handling of its coal tar sludge, a hazardous waste. TCC also violated the Clean Water Act by allowing pipes and storage tanks to significantly degrade and leak, and by failing to provide adequate containment of polluted storm-water runoff, resulting in illegal discharges of polluted wastewater through storm sewers that lead to the Niagara River.
EPA is working in close coordination with NYSDEC on the investigations of Tonawanda Coke’s operations and efforts to bring the company into compliance with environmental laws.
“EPA has ratcheted up its ongoing investigation aimed at protecting people’s health and thus far, we have uncovered a long list of environmental violations at Tonawanda Coke,” said Judith Enck, EPA Regional Administrator. “We continue to examine every aspect of the facility’s operations to make sure we have the information to reduce the pollution from the facility. For the sake of those who live and work near this facility, EPA is doing everything in its power to put an end to Tonawanda Coke’s lax environmental practices.”
“Working cooperatively, state and federal agencies have focused on making tangible changes that will benefit the Tonawanda community,” NYSDEC Commissioner Pete Grannis said. “But there is more to be done and our department will continue to evaluate all of its technical and legal options for reducing emissions from the plant in order to protect those who live and work in the area.”
Investigations continue and as part of them, EPA is requiring the company to provide information about its processes and to conduct testing related to air pollution from the facility. This testing will give EPA and NYSDEC vital information needed to evaluate the facility’s compliance with environmental laws and to determine whether emissions from the facility are high enough to be controlled under the Clean Air Act as a ”major source” of hazardous air pollutants. This would mean that the company would have to meet additional requirements above those that EPA has so far compelled it to meet.
Apart from administrative orders, on December 23, 2009, TCC’s Environmental Control Manager was arrested on criminal charges filed by the U.S. Attorney’s Office of the Western District of New York and the Department of Justice, Environmental Crimes Section. An investigation by EPA’s Office of Criminal Enforcement and the New York State Department of Environmental Conservation found he had failed to immediately notify the appropriate government agency as soon as he had knowledge of a release of coal tar sludge, a hazardous substance at the TCC facility.
It was also alleged that the coal tar sludge was released as a result of a failed decommissioning of two storage tanks, and that the coal tar sludge was inadvertently ignited. The complaint also charged a violation of the Clean Air Act. The charges carry a maximum penalty of five years imprisonment, a fine of $50,000 per day of violation, or both. The defendant was released on bond pending an April court date.