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Planned bridge raising opens door to upgrade of North Charleston Terminal

SC Ports says the work will allow the terminal to attract growing volumes of cargo moving through the Suez Canal on large ships that are too big to call the facility now.

EPA to Begin Hazardous Waste Cleanup at My Way Trading Warehouse Fire Site in Richmond, Indiana

CHICAGO (October 17, 2023) – Today, U.S. Environmental Protection Agency announced the start of an estimated $2.8 million cleanup of hazardous waste resulting from the fire earlier this year at the former My Way Trading warehouse site in Richmond, Indiana. As soon as next week, residents may see heavy equipment preparing for the cleanup, which will start next month.



On April 11, two warehouses containing large amounts of chipped, shredded and bulk recycled plastic caught fire. In the immediate aftermath of the fire, debris found in the community was sampled by EPA and results showed asbestos-containing material. EPA collected debris at 330 properties and 28 rights-of-way. The cleanup starting in November will address asbestos-containing material, lead and antimony compounds still at the site.



To learn more, visit the My Way Trading website.

EPA Seeks Additional Public Engagement on Proposal to Protect U.S. Waters from Incidental Discharges from Vessels

WASHINGTON – The U.S. Environmental Protection Agency (EPA) is issuing a supplemental proposed rule to reduce the spread of invasive species that occurs with normal operation of large marine vessels. Following public input on EPA’s 2020 proposed rule—including meetings with states, Tribes, and other stakeholders—the agency is now issuing a Supplemental Notice to share new data and control options raised by stakeholders. This supplemental proposal will bolster the development of a final rule to stem the spread of invasive species and better protect our nation’s aquatic ecosystems.
“The Biden-Harris Administration recognizes that healthy aquatic ecosystems provide real benefits to communities—they help clean our waters, they support commercial fishing, and they enhance recreation opportunities,” said EPA Principal Deputy Assistant Administrator for Water Bruno Pigott.  “This supplemental notice will help EPA develop a stronger final rule to protect our nation’s aquatic resources as Congress intended when it passed the Vessel Incidental Discharge Act.”
EPA’s proposed Vessel Incidental Discharge National Standards of Performance would reduce the environmental impact of discharges, such as ballast water, that are incidental to the normal operation of commercial vessels. The proposed standards would apply discharges to waters of the United States from:



Commercial vessels greater than 79 feet in length
Other non-recreational, non-Armed Forces vessels, such as research and emergency rescue vessels
Ballast water only from small vessels (vessels less than 79 feet in length) and fishing vessels of all sizes
This supplemental notice shares new ballast water information from the U.S. Coast Guard and additional regulatory options EPA is considering for the final rule for ballast tanks, hulls and associated niche areas, and graywater systems. The agency is requesting comments on the issues identified in the supplemental notice during a 60-day public comment period. The public does not need to resubmit comments from the 2020 proposed rule, as the final rule will address comments received on both the proposed rule and the supplemental notice.
For more information on submitting comments on the proposal and upcoming virtual public meetings, see EPA’s Commercial Vessel Discharge Standards website.Background
Congress passed the 2018 Vessel Incidental Discharge Act to harmonize the patchwork of U.S. Coast Guard, EPA and state vessel incidental discharge permits and regulations. The law requires EPA to develop national standards of performance for discharges incidental to the normal operation of primarily commercial vessels greater than 79 feet in length and for ballast water discharges only from small vessels less than 79 feet in length and fishing vessels of any size. The Vessel Incidental Discharge Act also requires the U.S. Coast Guard to develop corresponding regulations to ensure, monitor, and enforce compliance with EPA’s standards not later than two years after EPA promulgates the national standards.
EPA’s October 2020 proposed rule includes general and specific discharge standards of performance for 20 separate discharges from the equipment and systems onboard vessels. These discharges may contain pollutants such as aquatic nuisance species; bacteria and pathogens; oil and grease; metals; and other toxic, nonconventional and conventional pollutants. EPA’s proposed standards are intended to limit the potential adverse impacts of these discharges on aquatic ecosystems and human health. One such discharge – ballast water – is necessary to maintain the stability of vessels but can contain aquatic nuisance species and facilitate their spread. The EPA and U.S. Coast Guard rulemakings, once final, will improve environmental protection by reducing the volume of pollutants entering the waters of the United States and the contiguous zone.

EPA selects cleanup plan for Keddy Mill Superfund Site

BOSTON (Oct. 17, 2023) – The U.S. Environmental Protection Agency has selected a cleanup plan for the Keddy Mill Superfund site, located on Depot Street in Windham, Maine. EPA will clean up the soil, sediment, and groundwater at the site.

The cleanup plan is based on EPA's Remedial Investigation Report, human health and ecological risk assessments, the Feasibility Study, and comments received on EPA's Proposed Plan during a 30-day public comment period. This cleanup plan is formally called a Record of Decision.

"EPA's cleanup plan for the Keddy Mill Superfund Site is a strong effort to ensure the health and safety of community members, protecting them for generations to come." said EPA New England Regional Administrator David W. Cash. "Cleaning up Superfund sites helps us ensure that no community, no family, and no child has to face exposure to chemicals and other dangerous substances in their day to day lives."

"The Town is very pleased with the recently approved comprehensive cleanup plan and remedial alternatives for the Keddy Mill Superfund Site. Working with the EPA, local residents and the State to achieve this milestone in planning the restoration for this site is exciting. This plan protects the human health or welfare of residents, the environment from actual or threatened releases of hazardous substances, pollutants, or contaminants into the environment." said Windham Town Manager Barry Tibbetts.

"The Maine DEP is pleased to continue working with our partners at EPA and the citizens of Windham to address historical contamination at the Keddy Mill, eliminating the threats to public health and the environment and returning the property to a productive future," said Maine Department of Environmental Protection Commissioner Melanie Loyzim.

EPA's cleanup plan will take two to four years to design and execute and will take place after the significant completion of a Removal Action to demolish the mill complex and associated structures. The cleanup plan includes the following components:

Excavation and off-site disposal of contaminated soil and debris from the Mill Complex property;
Targeted treatment of soil (within the footprint of the excavation) with amendments in support of groundwater cleanup;
In situ (in place) treatment of groundwater contaminants;
Excavation and off-site disposal of contaminated sediments from the Presumpscot River;
Treatment of water generated from soil and sediment dewatering and removed from excavations based on applicable water discharge standards, as required;
Restoration of the portions of the Presumpscot River altered by the remedial action;
Land use restrictions to prevent exposure to site-related contaminants in groundwater and fish tissue until cleanup levels are met,
Inspections and operation and maintenance;
Monitoring of groundwater and fish tissue to evaluate the achievement of cleanup levels; and
Five-Year Reviews to assess the protectiveness of the remedy.
EPA estimates that the total cost of this portion of the project, including construction, operation and maintenance, and long-term monitoring, will be around $17 million.

Background

EPA added the Keddy Mill Superfund Site to the Superfund National Priorities List in 2014. The site consists of a 6.93-acre abandoned mill complex property, located at 7 Depot Street (the Mill Complex Property), an adjacent reach of the Presumpscot River, and associated riparian properties in Windham, Maine.

The site has a long history, with operations beginning in the late 1700s and ending in 1997. The building that will be demolished and removed was used as a grist and carding mill, pulp mill, box-board manufacturing facility and as a steel mill. Throughout the industrial history, several buildings have been demolished and others added to the mill complex. The site has contamination from various hazardous substances, including polychlorinated biphenyls (PCBs), volatile organic compounds (VOCs), heavy metals and petroleum hydrocarbons.

More information:

A copy of the cleanup plan, the Administrative Record supporting the cleanup plan, and other background information about the Keddy Mill Superfund Site can be found at: www.epa.gov/superfund/keddy

The Windham Public Library, located at 217 Windham Center Road, Windham, Maine 04062 (phone: 207-892-1908) can be used as a point of access to reach the online Administrative Record for the site. If you would like a copy of the cleanup plan mailed to you, please contact EPA Community Involvement Coordinator, Charlotte Gray, at gray.charlotte@epa.gov or 617-918-1243. toll-free 1-888-372-7341 ext. 8-1243.

Record of Decision Administrative Record:https://cumulis.epa.gov/supercpad/SiteProfiles/index.cfm?fuseaction=second.ars&id=0106078&doc=Y&colid=67421®ion=01&type=AR

EPA and OSHA Investigations Lead to Convictions of Company Officials in Deadly Mill Explosion Case

WASHINGTON – On Friday, Oct. 13, a federal jury in Madison, Wisconsin, convicted current and former Didion Milling Inc. officials of workplace safety, environmental, fraud and obstruction of justice charges following a deadly explosion in 2017 at a corn mill that Didion Milling operated in Cambria, Wisconsin. The explosion killed five workers and seriously injured others.

Didion Milling Vice President of Operations, Derrick Clark, was convicted of conspiring to falsify documents, making false Clean Air Act compliance certifications as Didion’s “responsible official” and obstructing the Occupational Safety and Health Administration’s (OSHA) investigation of the explosion at the corn mill by making false and misleading statements during a deposition. 

Former Didion Milling Food Safety Superintendent, Shawn Mesner, was convicted of participating in a fraud conspiracy against Didion Milling’s customers and conspiring to obstruct and mislead OSHA for his role in falsifying sanitation records used at Didion to track the completion of cleanings designed to remove accumulations of corn dust at the mill.

“The tragic loss of life in this case shows the terrible consequences that can result when companies fail to implement required health, safety and environmental measures,” said Assistant Administrator David M. Uhlmann for EPA’s Office of Enforcement and Compliance Assurance. “The convictions of Didion Milling senior managers sends a clear message that EPA and our law enforcement partners will investigate and prosecute companies that put profits above the health and safety of their workers.”

“The trial and convictions in this case show that compliance matters, and attempting to hide non-compliance, is not just a ‘technical’ violation,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “Managers and officers who enable corporate cultures that tolerate, encourage or cover up violations, and who participate in falsifying documents and obstructing agency investigations, will and must be held accountable in addition to the corporations.”

“Derrick Clark and Shawn Messner chose to intentionally mislead OSHA investigators and made false statements about their knowledge of working conditions at the plant to protect themselves and cover their mistakes,” said OSHA Regional Administrator Bill Donovan in Chicago. “Their blatant actions demonstrated a callous disregard for the loss of life, injuries and property damage that occurred under their leadership at the Didion Mill. Both Clark and Messner ignored their legal and moral obligation to protect workers before and after the explosion. OSHA is committed to taking all necessary action to hold employers responsible for protecting workers on the job.”

A permit issued under the Clean Air Act required compliance by Didion Milling at its corn mill including the operation of baghouses equipment, which are designed to limit the release of particulate matter like corn dust into the environment. The permit also required a “responsible official,” a senior manager with authority, to periodically certify the mill’s compliance with air pollution control permit conditions and disclose known permit violations. Clark falsely certified Didion’s compliance without disclosing that baghouse logs – documentation on maintenance of baghouse equipment – had been systematically falsified to conceal permit violations.

Grain dust can be explosive, and OSHA safety standards require grain milling facilities like the Didion Milling corn mill to develop and implement housekeeping programs, including regular cleanings, to reduce grain dust accumulation. Didion Milling maintained its master sanitation schedule to record the performance of required cleanings. Clark and Mesner were convicted of participating in a conspiracy to falsify that cleaning log, including directing others to backfill entries for uncompleted cleanings.

Federal law gives OSHA six months to gather facts and issue appropriate citations after a safety violation occurrence. In matters involving worker deaths, evidence that corporate managers knew about violations can result in issuance of a “willful” citation and a criminal referral.  OSHA subpoenaed Clark’s testimony in September 2017, during the corn mill explosion fatality investigation. Clark gave false and misleading testimony about his knowledge of problems with the dust collection system at Didion’s corn mill, his knowledge of explosion hazards and his knowledge of prior fires at the facility.

Didion Milling sold its milled corn products to food and beverage manufacturers. Sanitation at food manufacturing facilities is necessary for food safety, and excessive accumulations of grain dust can cause food safety problems. Through deceptive means, including repeatedly presenting a falsified cleaning log to food safety auditors, Mesner conspired to deceive Didion’s customers about its sanitation practices. As food safety superintendent, Mesner directed operations personnel to falsify the log to make it appear as if the cleaning schedule was being followed. 

The jury on Friday also acquitted former Didion Milling environmental manager James Lenz of charges relating to falsifying environmental records and conspiring to make false statements and obstruct agency proceedings. 

Didion Milling previously pleaded guilty to falsifying the cleaning logs and baghouse logs at the mill and agreed to pay a criminal fine of $1,000,000 and restitution of $10.25 million to the victims of the 2017 explosion. Didion Milling shift superintendents Nicholas Booker, Michael Bright and Joel Niemeyer previously pleaded guilty to false statement charges for participating in the falsification of the cleaning logs and baghouse logs. Didion Milling shift superintendent Anthony Hess pleaded guilty to obstructing OSHA by making false and misleading statements about the accuracy of the cleaning log during a sworn statement taken as part of OSHA’s investigation into the mill explosion. Former Didion Milling environmental manager Joseph Winch previously pleaded guilty to conspiracy to conceal environmental violations from regulators by falsifying compliance certifications and providing falsified logs to regulators.

Sentencing hearings for each of the defendants before U.S. District Court Judge James D. Peterson for the Western District of Wisconsin will be scheduled at a later date.

The criminal case was investigated by the U.S. Environmental Protection Agency-Criminal Investigation Division.

Trial Attorneys Samuel Lord and Joel La Bissonniere and Senior Trial Attorney Richard J. Powers of the U.S. Department of Justice Environment and Natural Resources Division’s Environmental Crimes Section prosecuted the case.

Norfolk continues to drive warehousing boom in Southeast US

Demand for industrial warehousing is surging along the Southeast US, with Virginia attracting more than 11 million square feet in the last three years.

Labor peace drives West Coast rebound in market share of Asian imports

Discretionary cargo is returning to the West Coast as the confidence of retailers is boosted by ratification of the longshore labor contract in late August and the ability of the ports to immediately handle more cargo.

USDA’s Conservation Reserve Program Pays More Than $1.77 Billion to America’s Producers in Support of Conservation and Climate-Smart Agriculture

WASHINGTON, Oct. 16, 2023 - The U.S. Department of Agriculture (USDA) has issued more than $1.77 billion this year to agricultural producers and landowners through its Conservation Reserve Program (CRP), a critical piece of the Department’s efforts to support climate-smart agriculture and forestry on working lands. Right now, CRP’s more than 667,000 participants received payments from USDA’s Farm Service Agency (FSA) for their voluntary conservation efforts on more than 23 million acres of private land.