(AGENPARL) – gio 03 agosto 2023 Issued: Aug 3, 2023 (11:20am EDT)
If you wish to unsubscribe please do so
here: http://url6130.epa.mediaroom.com/ls/click?upn=-2BroytcZInNRyuFbAvAoN5aMEQDHIx2RtQl0jT-2FwLgZHafJKm-2F7NYrsKNAZH88rhd98aG2o5sSGIX8iVgGgXwOczi8WNFU0a7GLvUAvQ8R0QCtkuTI4WABymYAm345NQt-xwt_mLoYh0p4AWg4foFr5HgrZ1QioQ33bLwdnQ-2BsYGKFX9mApcfdQmv0-2Bvkdf9kq-2BlYjL1h-2BeODdgxrKg-2FwO3X1SDcZcUwX9MfolR9YBoLaxIc1hOsyH5bO3c09xojb-2Fd3WPHytJ-2BEApnBvyPuwgpMjsVxel-2FGhh0TBfOsnKaqbsJczjgd2AlLtxr7wETPongcTL85pN-2BEymoHcYvwM05OgB2-2FuKJ2ANZV0atiZetfBggZqGO6LC1RkNpA2Q1hBsWu2F9W5g6rQVVhZ7W3Cg5c5p7Q-3D-3D
EPA Takes Action to Protect Delaware River and to Hold Delhi, NY Company
Accountable for Violating Clean Water Act and Clean Air Act
NEW YORK (August 3, 2023) – The U.S. Environmental Protection Agency (EPA)
and the U.S. Department of Justice have settled a case against
FrieslandCampina Ingredients North America, Inc. (Friesland) of Delhi, NY for
violations of the Clean Water Act and the Clean Air Act. The company’s Clean
Water Act violations led to excessive pollution that interfered with and
passed through the Village of Delhi wastewater treatment plant (WWTP) into the
West Branch of the Delaware River which is part of the watershed supplying
drinking water to NYC and other water systems. This action also addresses the
company’s Clean Air Act violations which led to excessive emissions of
toluene, a volatile organic compound and hazardous air pollutant. The company
will pay a civil penalty of $2.88 million and has already addressed the causes
of the violations. Additionally, the company will perform a supplemental
environmental project (SEP) to significantly reduce its discharges of heated
water to the river at a cost of $1.44 million. 
“This settlement will result in a 95% reduction of toluene emissions into
the air, as well as significant reductions in discharges of pollutants into
the West Branch of the Delaware River, which is a drinking water source,”
said EPA Regional Administrator Lisa F. Garcia. “This settlement sends an
important message that the United States will take decisive action to hold
companies accountable for failing to properly control pollutants being emitted
into the air and discharged into the water, and that shirk permitting and
reporting responsibilities. EPA’s work will benefit the people of Delhi and
will result in a healthier Delaware River for all who enjoy and rely on
it.” 
“Today’s settlement secures significant reductions in air pollution and
improves water quality in the Delaware River and a watershed system that
provides drinking water to millions of Americans,” said Assistant Attorney
General Todd Kim of the Justice Department’s Environment and Natural
Resources Division. “The settlement shows the United States’ commitment to
ensuring that companies like Friesland comply with federal law requirements
that limit discharge of industrial pollutants to our air and water.”  
“DEC is committed to ensuring the safety of New York’s air and water for
all and will continue to work hand-in-hand with our state and federal partners
to hold those who violate New York’s strict environmental laws accountable,”
said Commissioner Basil Seggos for the New York State Department of
Environmental Conservation. “Thanks to the partnership with the New York
State Attorney General’s Office, U.S. Environmental Protection Agency, and
the U.S. Department of Justice, this joint enforcement action and substantial
penalty will require FrieslandCampina to improve its operations, protect Delhi
residents, and fund environmental benefit projects that will improve the
surrounding community.” 
As a significant industrial source under the Clean Water Act, Friesland must
first treat its wastewater – a process referred to as pre-treatment –
before discharging it to the local municipal wastewater treatment plant.
Proper pre-treatment prevents excessive pollution levels, which can interfere
with the effectiveness of the wastewater treatment plant and can cause
untreated pollutants to pass through the plant into receiving waters. In this
case, the pollution levels that the company discharged exceeded levels set by
the Village of Delhi on at least 65 occasions. The company also failed to
comply with the requirement of New York’s industrial stormwater permit,
which prohibits the exposure of industrial materials and activities to rain,
snow, snowmelt, or runoff that can transport pollutants to surface waters.  
The company is also a major source of toluene emissions under the Clean Air
Act. Exposure to toluene can harm the nervous system and negatively impact the
kidney, liver, and immune system. Friesland failed to obtain the proper permit
coverage for its toluene emissions and to install the necessary emission
controls and violated other permitting and reporting requirements. 
As a result of EPA’s enforcement actions, Friesland has completed
approximately $6 million worth of work to come into compliance with all
applicable CAA and CWA requirements by, among other things, installing
equipment to properly control its toluene emissions, upgrading its wastewater
pretreatment plant to properly treat its wastewater, and taking other
corrective measures.  
Furthermore, Friesland will perform a supplemental environmental project to
reduce its discharges of heated water by converting its non-contact cooling
water system to a recirculating closed-loop system. The new system will reduce
Friesland’s discharges of heated water to the West Branch of the Delaware
River by approximately 85%. The river is habitat for several species of trout,
and water temperature is essential to this habitat because trout are a
cold-water species that cannot survive in warmer water temperatures. 
The consent decree for this settlement, lodged in the U.S. District Court for
the Northern District of New York, is subject to a 30-day public comment
period and approval by the court. A copy of the consent decree and information
on submitting comments will be available on the Department of Justice website
at: www.justice.gov/enrd/consent-decrees.