EPA Reaches Settlement with Albaugh, LLC, for Pesticide Violations in St. Joseph, Mo.
10/13/2016
Contact Information:
Angela Brees (brees.angela@epa.gov)
913-551-7940
Environmental News
FOR IMMEDIATE RELEASE
(Lenexa, Kan., Oct. 13, 2016) - EPA Region 7 recently reached a settlement with Albaugh, LLC, concerning alleged Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) violations for misbranded pesticides. As part of the settlement, Albaugh, LLC has agreed to pay a civil penalty of $112,684 to the United States.
FIFRA provides the basis for the regulation, sale, distribution and use of pesticides in the U.S. The settlement with Albaugh, which is headquartered in Ankeny, Iowa, is the result of a 2013 inspection of the company’s St. Joseph, Mo., facility by the Missouri Department of Agriculture.
Inspectors found 16 instances of distribution of misbranded pesticides, and five instances of pesticide ingredients not matching the confidential statement of formulation. For example, an analysis of one pesticide product, which was ready for distribution at the time, exceeded 125 percent of the label claim for the active ingredient Clopyralid. The use of pesticides that do not match the confidential statement of formulation can create risks to human health and the environment, as well as to plants and animals.
In accordance with FIFRA, all pesticides distributed or sold in the U.S. must be registered (licensed) by EPA. In addition, FIFRA outlines labeling and distribution requirements, and worker safety in handling pesticides.
Following the inspection, Albaugh has now taken action to address the violations and is in compliance with FIFRA. A copy of the signed Consent Agreement and Final Order can be found online.
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Today, Albaugh, LLC is recognized as the largest, American based, manufacturer and formulator of off patent agricultural crop protection products. Founded in 1979 by Dennis Albaugh, the company has grown from its humble beginnings to where it is today through organic growth as well as targeted acquisitions.
In 1987 Albaugh acquired its first EPA technical registration and began formulating 2,4-D in Ankeny, Iowa. A manufacturing and formulating facility in St. Joseph, MO was purchased in 1991. The company began its global expansion in 1997, acquiring a 56% stake in a company in Argentina, Atanor S. C. A. The global growth continued in 2003 with the purchase of a copper fungicide production plant in Mexico. In 2005, Albaugh owned Atanor acquired the assets of a production facility in Brazil. 2006 marked beginning of our glyphosate synthesis in St. Joseph, MO, with the first gallons of our Gly Star® product being produced. In 2007, the company expanded into Europe with the formation of Albaugh Europe Sárl. In 2011, the North American expansion continued with the acquisition of AgWest ULC in Canada, which has been rebranded to AgriStar Canada.
In 2014, Albaugh implemented a new global organization structure. With this new structure, the company will be able to capitalize on synergies created by the global entity and create more efficiency within our organization, which will mean greater valued passed to our customers.
The Albaugh Business Team is committed to delivering Quality, Performance, and Value to the U.S. market. We are headquartered in Ankeny, Iowa. Our premier manufacturing and formulation facility is located in St. Joseph, Missouri. This facility is dedicated to providing constant supply of high quality crop protection chemicals that can compete on a global cost basis.
The central location of our St. Joseph, MO facility allows us to better accommodate our customer’s most urgent needs. All products sold by Albaugh must meet our strict quality specifications. You can be assured that the Agri Star product line will meet your expectations of quality and economics which are vital to your success.
New filtration system for Warrington contaminated wells bid for $1.69 million
By Christopher Ullery, staff writer
A new filtration system for three of Warrington's public wells shut down in 2014 for perfluorinated compound contamination could be installed for $1.69 million.
Township supervisors will have to approve the bid awards for the project at a future meeting, but the lowest estimates received as of Thursday afternoon's deadline were from GS Developers for general construction at $1.38 million; MJF Electrical Contracting Inc., for electrical work at $232,000; and Eastern Environmental Contractors Inc., for mechanical work — heating and ventilation — for $54,800.
The project was advertised to include a Granulated Activated Carbon filtration system, a new building to house the system and an underground concrete backwash holding tank.
If approved, the contract is scheduled to commence on Nov. 21, according to bidding documents on PennBid, the states electronic bid management system.
The filtration system will service the township's public water wells 1, 2 and 6 that were taken offline in November 2014 after they tested above a preliminary health advisory level set by the Environmental Protection Agency, which at the time was 400 parts per trillion for perfluorooctanoic acid (PFOA) and 200 parts per trillion for perfluorooctane sulfonate (PFOS).
Christian Jones, director of the township's water and sewer department, said Thursday the township would have to incur the initial construction costs and receive reimbursement from the military afterward.
In 2015, the township entered into a cooperative agreement with the Air National Guard which agreed to pay $5.9 million for the installation of the filtration units and other costs associated with the pollution remediation.
Two more wells were shut down in May after testing above a new lifetime advisory level set by the EPA of 70 ppt for both PFOS and PFOA. The township is currently renegotiating its agreement with the military to include filtration systems for the two wells contaminated this year.
The U.S. Department of Defense has claimed responsibility for PFOS and PFOA contamination linked to the former Naval Air Station-Joint Reserve Base Willow Grove and the active Horsham Air Guard station and the former Naval Air Warfare Center in Warminster. As a result, 16 private wells and 150 public wells were shut down in Warrington, Warminster and Horsham.
Warrington has taken several steps to lower contamination from the unregulated chemicals — listed as some of the highest in the nation — down to nondetectable levels, but has also incurred unanticipated complications as their clean water efforts have moved forward this summer.
Warrington supervisors voted to enter into negotiations with North Wales Water Authority on Aug. 9 to purchase a total of 2.1 million gallons per day from the authority, making it the township's sole water provider. Approximately 65 percent of the township had already been receiving water from North Wales.
A changeover to North Wales began in late August for approximately 700 customers of the remaining 35 percent resulted in numerous complaints of property damage from a sudden increase in water pressure.
Numerous residents said they experienced damages from broken toilet valves to busted water heaters during a public meeting on Aug. 23.
Jones said a broken water meter pit and pressure release valve in the public system caused the pressure spike and the township has since added the estimated $490,000 costs incurred by residents to install pressure-reducing valves on their properties into the remediation costs it is requesting from the Air National Guard.
Warrington also joined other municipalities and state and federal representatives in August asking the military to pay for private well tests and blood tests.
More information on water contamination is available at the township's website at www.warringtontownship.org.
Just The Facts
Since 2014, 21 public drinking water wells and more than 150 private wells in Bucks and Montgomery counties have been shut down due to contamination by unregulated chemicals perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA), affecting the drinking water of more than 100,000 people.
The bulk of the contamination is occurring near a trio of former and current military bases in Horsham, Warminster and Warrington, and is suspected to have originated in firefighting foams used on those bases as far back as the early 1970s. Contamination from unknown sources has closed wells in Doylestown, Chalfont, East Rockhill and other communities.
Medical examiner releases autopsy report for construction worker who died after scissor lift fell from building
by Dallas Franklin, Updated at 10:47am, October 13, 2016
OKLAHOMA CITY – The Oklahoma State Medical Examiner’s Office released the autopsy report for the construction worker who died after a scissor lift he was operating fell from a building in downtown Oklahoma City.
Last month Alex Baiza, 33, was working on the eighth floor of a building near Sheridan and Hudson that is under construction.
Construction worker dies after scissor lift falls from building
Witnesses say Baiza was working on the scissor lift and had just brought down some framework and put it to the side.
When Baiza returned to the scissor lift to retrieve more framework, the scissor lift started moving forward.
Witnesses told police that Baiza must have thought he changed the scissor lift mode from “forwards and back” to “up and down.”
However, the scissor lift was left in the “forward and back” mode, causing the lift to go forward.
The front of the lift drove off the side of the building and began to fall over the side.
Witnesses say Baiza tried to grab onto some wiring to keep himself from falling with the lift; however, since Baiza was tied to the lift, he was unable to stop himself from being pulled down with it.
Workers told police they rushed to help Baiza as they watched the accident unfold, but they were unable to save him.
Baiza was pronounced dead at the scene.
The medical examiner’s report released on Thursday states Baiza died of multiple blunt force injuries due to the fall.
No drugs were detected in his system, the report shows.
His manner of death was ruled an accident.
Fatal construction accident
Toxic chemicals found in soil at popular horse riding center on Long Island
Eyewitness News
Thursday, October 13, 2016 06:15PM
MELVILLE, Long Island (WABC) -- Several contaminates were found in soil sampled from the site of a popular horse riding center on Long Island, officials announced Thursday.
Lab results showed asbestos, PCBs, lead and other heavy metals in the soil at West Hills County Park in Melville.
The Sweet Hills Riding Center was closed when Suffolk County officials began gathering samples from the 855-acre park in August. The facility was used for the boarding of horses, horse-riding and as a summer day camp.
Horses had been roaming in this area for unknown amount of time, and children riding those horses and breathing in toxic dust.
Offials said park contains more acutely hazardous substances than were found at Roberto Clemente Town Park and in significantly higher concentrations than the pollutants at the Brentwood facility where the illegal dumping of construction debris was discovered in 2014.
"What our investigation thus far discloses is that between October of 2015 and August of this year, what we believe to be hundreds of tractor trailer loads of highly toxic and acutely hazardous and contaminated debris were brought into the Sweet Hills Riding center at West Hills County Park in the Town of Huntington and spread throughout the area, on average, 3 1/2 feet deep to 6 feet deep," District Attorney Thomas Spota said.
There are commercial operators in the area that are being investigated for dumping and search warrants have been executed.
These companies normally have to pay up to $5,000 to dispose of their materials, but officials said the dumpers tried to hide the materials by mixing the debris with soil in the park.
About 15 acres of the park was cordoned off on August 26 when piles of dumped materials were found pushed up against trees on trails leading away from the 100-horse stable.
The Sweet Hills Riding Center has been located at the park since 1982. The company issued this statement Thursday:
"The Sweet Hills Riding Center, with a 30 year commitment to the equestrian community and families of Long Island, is continuing to cooperate in the ongoing investigation. This disturbing incident occurred without our knowledge or consent."
Italian mafia at play here. We would not be surprised if all these criminal and/or criminal Italians in Long Island have something to do with it.
Kirby Tug Leaking Fuel After Running Aground in British Columbia [Incident Photos]
October 13, 2016 by Mike Schuler
An American tugboat pushing an empty petroleum barge has run aground and is leaking fuel near Bella Bella located on B.C.’s remote central coast. 
Credit: Heiltsuk Tribal Council
The tug, Nathan E. Stewart, belonging to Houston-based Kirby Corporation, ran aground just after 1 a.m. Thursday on a reef at the entrance to Sea Forth Channel on Athlone Island. The tug later sank at about 9:50 a.m.
According to the local Heiltsuk Tribal Council, the tug was believed to be carrying about 60,000 gallons of fuel on board, and three of its tanks have been breached.
The 287-foot long barge, DBL 55, is not loaded with any cargo.
All seven of the tugboats crew members have been rescued safely.
The articulated tug and barge (ATB) was sailing southbound from Ketchikan, Alaska to Vancouver when the incident occurred.
Photos from the scene show a heavy sheen of oil in the water surrounding ATB with no signs of boom placed around vessels. 
Credit: Heiltsuk Tribal Council
Heiltsuk Tribal Council says the spill threatens to devastate a sensitive harvesting area for manila clam beds.
The Canadian Coast Guard has vessels on scene along with other first responders. Additional personnel and equipment were en route from Western Canada Marine Response Corporation (WCMRC).
“WCMRC was activated and deployed vessels and crew from their response base in Prince Rupert,” a statement from WCMRC said. “A mobile skimming vessel, two boom skiffs, a workboat and tug and barge with three response trailers were deployed to the scene. Local WCMRC response contractors from Shearwater arrived on scene and boomed the casualty. Vessels and crew from WCMRC’s Vancouver base are on stand-by.” 
Credit: Heiltsuk Tribal Council
“This is a stirring reminder that the north coast oil tanker moratorium cannot be legislated fast enough,” Heiltsuk Tribal Council Chief Councillor Marilyn Slett said in a statement. “We must take note, however, that tanker barges like this might not even be included in the ban. The band needs to be complete, and spill response must be improved.” 
File photo shows the ATB Nathan E. Stewart. Photo credit: Heiltsuk Tribal Council Prior to Thursday’s incident, the presence of the tug and barge in British Columbia’s Inside Passage has been a concern to local residents.
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Tug boat and fuel barge run aground near Bella Bella: crew rescued, leak reported
By Yuliya Talmazan Online News Producer Global News 
A tug boat and a fuel barge have run aground just north of Athlone Island near Bella Bella this morning.
Joint Rescue Coordination Centre told Global News two Coast Guard ships were responding and another Coast Guard search and rescue vessel was on its way with special equipment on board to assess any possible environmental threats.
The barge is intended to carry fuel, but was empty at the time of the incident.
The tug boat had a crew of seven people. All are confirmed to be safe.
The vessel involved is “Nathan E. Stewart,” a 2001-built US tug boat.
Chief Councillor of the Heiltsuk Tribal Council Marilyn Slett said in a release that at approximately 9:50 a.m. this morning the tug sank with fuel continuing to flow into the water. Kirby Offshore Marine said the tug had 50,000 gallons of fuel on board, and three of its tanks were compromised, according to Slett.
The company that owns the tug, Texas-based Kirby Offshore Marine, released the following statement about the incident:
“Earlier today, tug Nathan E. Stewart and barge DBL 55 ran aground in Canadian waters at the entrance to Sea Forth Channel on Athlone Island. All local authorities have been notified and a full response has been initiated. One Canadian Coast Guard response vessel, the Cape St. James, is already on scene…”
“The barge is empty of cargo. Western Canada Marine Response Corporation was activated and have deployed vessels and crew from their response base in Prince Rupert. A mobile skimming vessel, boom skiff, workboat, and tug, along with a total of 2,500 feet of boom, have been deployed to the scene. Resolve Marine Group, worldwide salvage and coastal recovery specialists, have been contacted and are deploying assets to the area…”
“Kirby Offshore Marine, owners and managers of the Nathan E. Stewart, regret that this incident has occurred and are working to respond and mitigate the impact of this incident.”
Slett claims the spill is threatening to devastate an area in which 25 important species are harvested, including manila clam beds that provide an important income for the community.
“Though we are thankful that the barge was empty, we are gravely concerned about the potential ramifications of the fuel spill from the tug,” Slett said.
Slett says with the changing winds and tide, there is concern that the spilled fuel will be pushed towards other important harvesting areas for herring roe, seaweed and clams.
PHOTO courtesy: Heiltsuk Tribal Council
“It’s really bad out here. A lot of fuel is on the beach already, and fuel is in the water,” said Heiltsuk Integrated Resource Management Department director Kelly Brown from the spill site. “The initial spill response has been totally inadequate. The first responding vessels were not equipped to deal with a spill, and had to return to town to gather more gear. The Heiltsuk are providing our own equipment because what responders have been able to provide so far is insufficient.”
Slett says fuel continues to leak into the water and containment efforts are still underway.
She adds that Western Canada Marine Response Corporation commissioned by Kirby Offshore Marine won’t reach the scene until almost 24 hours after the incident.
Kirby Offshore Marine said in a statement: “A priority for the response will be developing a plan to remove all diesel aboard the tug and to safely salvage the vessel.”
