TOWN OF TONAWANDA: EPA slaps coke plant with multiple violations

Local News

January 28, 2010

By Daniel Pye<br><a href="mailto:pyed@gnnewspaper.com">E-mail Dan</a> The Tonawanda News Thu Jan 28, 2010, 11:53 PM EST

The Environmental Protection Agency is putting Tonawanda Coke on notice for alleged violations in the air, land and water.

Regional Administrator Judith Enck said the EPA has sent the plant compliance orders to bring its current “lax environmental practices” in line with regulation. Uncontrolled releases of benzene and ammonia into the air, improper sealing of tanks that allowed coal tar sludge to seep onto the ground and degraded pipes and storage tanks that leaked polluted water into nearby roads and storm sewers topped Enck’s list of major health hazards on the site.

While the investigation of the plant is still underway, earlier this month the EPA sent owner J.D. Crane and Environmental Compliance Manager Mark Kamholz a 60-page list spelling out the issues that need to be addressed immediately. Kamholz already faces criminal charges for the violations, but Erin Heaney, executive director of the Clean Air Coalition, said this is the first time the EPA has ordered the facility to clean up its act.

“Is it the end of the road? Absolutely not. But it’s a big step in the right direction,” Heaney said.

Some improvements are already in place. Enforcement Coordinator Barbara McGarry said the baffles on the two quenching towers — used to keep particles of coal out of the air when coke is cooled — have been installed since the April 2009 inspection and are working properly.

But Enck said the company could be much more cooperative in working with regulators to make necessary upgrades to environmental controls happen in a more timely manner. She added that Kamholz’ arrest and calls for more sophisticated air monitoring in December should serve as a wake-up call.

“When a company is cooperative, it doesn’t wait for a legal order from a regulatory agency,” Enck said.

Crane has remained silent through the proceedings and Kamholz won’t be in court again until the end of April.

Crane’s Erie, Pa. plant also faces serious EPA scrutiny and millions of dollars in fines, but Enck said penalties in Tonawanda haven’t been assessed yet. The agency is more interested in getting compliance with the law than imposing fines and potentially tying up the process for years as the company fights the action in court. Enck said she’s hoping discussions with the company will generate a “new spirit of cooperation” to get results faster than usual.

“We’re looking for quick relief for local residents,” Enck said.

McGarry said “discussions are ongoing” between the agency and Tonawanda Coke officials regarding the orders.

Contact reporter Daniel Pye at 693-1000, ext. 158.

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