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Brother Dave Edelstein, Esq, was recently quoted in an article for The Bureau of National Affairs news about his latest case.  Dave is a lawyer for the U.S. EPA Region VI Office of Regional Counsel Enforcement Branch in Dallas, Texas.

Congratulations, Dave!

Article Abstract:  EPA Orders Fertilizer Facility to Improve Management of Wastewater EPA issues an administrative order requiring Agrifos Fertilizer Inc. and ExxonMobil Oil Corp. to address long-term wastewater management and to prevent
future "imminent and substantial endangerment" to the environment and human health. EPA issued the imminent and substantial endangerment order when Agrifos Fertilizer’s Pasadena, Texas, facility accumulated excessive amounts of wastewater containing phosphoric acid last year after an abnormal amount of rainfall. Heavy rains caused a portion of a containment wall to fail around a gypsum storage area, releasing approximately 54 million gallons of contaminated wastewater into a bayou that feeds into the Houston Ship Channel. In a statement to BNA, Agrifos says it has met all deadlines and requirements of the EPA order, and expects to complete its corrective action plan ahead of schedule.

Click "Read more..." to read the full article. 

Imminent, Substantial Endangerment Order Issued by EPA to Texas Fertilizer Facility

HOUSTON—The Environmental Protection Agency March 27 issued an administrative order requiring Agrifos Fertilizer Inc. and ExxonMobil Oil Corp. to address long-term wastewater management and prevent future "imminent and substantial endangerment" to the environment and human health.

EPA issued the imminent and substantial endangerment order after Agrifos Fertilizer’s Pasadena, Texas, facility accumulated excessive amounts of wastewater containing phosphoric acid in August 2007 following an abnormal amount of rainfall. Heavy rains caused a portion of a containment wall to fail around a gypsum storage area that released approximately 54 million gallons of contaminated wastewater into a bayou that feeds into the Houston Ship Channel.

At least one fish kill allegedly was reported in the bayou following the incident, according to EPA.

An imminent and substantial endangerment order gives EPA special powers to ask for immediate action from a facility to mitigate what the agency perceives as an "imminent risk to the environment," said Terry Sykes, an attorney with EPA’s Office of Regional Counsel.

"This type of administrative order is not rare, but we certainly don’t issue them every day," Sykes told BNA.

Agrifos contacted EPA when it detected a leak underneath the containment wall that could cause "catastrophic failure" and advised there could be a massive, uncontrolled release if wastewater was not released soon, Sykes added.

EPA’s superfund and enforcement divisions issued a joint order last August allowing Agrifos to release water on a controlled basis, she said.

"The gypsum stacks collect water quickly—one inch of rain adds 10 million gallons of water to the facility’s collection system," Sykes said.

Corrective Action Plan Required. EPA’s latest order requires Agrifos and ExxonMobil to complete side slope closure of the gypsum stacks over the next two years and develop a corrective action plan to address soil and groundwater contamination, said David Edelstein, EPA’s attorney assigned to the Agrifos case. The order also requires the parties to demonstrate, through modeling, a five-year plan for managing water balance during closure activities at the site, according to EPA.

"Agrifos also must make certain changes in their industrial processes to consume more water that includes, but is not limited to, operating their wastewater treatment facility on site 24-7," Edelstein said.

The corrective actions are expected to cost the parties tens of millions of dollars," Edelstein said.

Agrifos and ExxonMobil also will construct a new wastewater treatment plant, activate a deep injection well at the facility, and take other corrective actions.

In a statement to BNA, Agrifos said to date it has met all deadlines and requirements of the EPA order, and expects to complete its corrective action plan ahead of schedule. The company also said it continues to provide
regular updates to EPA and other regulatory agencies.

Agrifos said it voluntarily agreed to the EPA order "to successfully resolve issues related to the long-term management of wastewater produced at its  Pasadena facility."

Mobil Oil sold the facility to Agrifos in 1998 and retained certain remediation responsibilities in the sales agreement with Agrifos, ExxonMobil spokeswoman Susan Kattelus said. She said ExxonMobil voluntarily entered
into the administrative order with EPA.

The Agrifos plant extracts phosphorus from mineral ores for use in commercial fertilizer. The byproduct wastes include phosphogypsum, which is accumulated in large piles of gypsum stacks, and process wastewater.

BY SUSANNE PAGANO