EPA and toxic waste

Stuart Cooper Flouride Action Network October 7, 2015

The company that gets rid of highly toxic wastes by selling them as a “product” to municipal water departments across the country as cheap fluoridation chemicals has been fined $2 billion for gross violations of the federal Resource Conservation and Recovery Act (RCRA), reports the Fluoride Action Network (FAN).

Mosaic Fertilizer, LLC, is one of the largest sellers of a toxic fluoride chemical, “fluorosilicic acid”, that cities add to public drinking water. Fluorosilicic acid is described by EPA in the Consent Decrees as a “hazardous waste” produced at Mosaic’s fertilizer plants. More than 200 million Americans drink these wastes every day.

For decades Mosaic has been selling fluoridation chemicals to public drinking water systems across the U.S. This Kafkaesque scheme, approved by EPA, benefits the polluter in the belief that it helps the teeth of the poor, according to FAN. The fine was levied on October 1st by the EPA and U.S. Department of Justice. These wastes are produced at Mosaic’s six phosphate fertilizer plants in Florida and two in Louisiana.

“It’s outrageous that Mosaic is allowed to sell an EPA ‘hazardous waste’ to dump into the drinking water used in most major U.S. cities,” says FAN scientist Dr. Neil Carman. Dr. William Hirzy, also with FAN, added, “This loophole needs to be closed by the EPA. It was not addressed in the Consent Decrees which allow Mosaic to continue selling a hazardous waste to the public disguised as a way to boost fluoride in drinking water.”

The RCRA laws govern the storage, treatment, and disposal of hazardous waste. Mosaic’s 60 billion pounds of improperly handled hazardous waste cited by EPA is the largest amount ever covered by an RCRA settlement. Mosaic’s wastes have also caused huge local environmental problems, due largely to their high fluoride levels. The fluoride, not captured in pollution control devices and sold for water fluoridation, ends up in their liquid and solid wastes. Other toxic constituents include arsenic, lead, cadmium, uranium, and radium. Enormous quantities of these wastes have been stored for years in so-called gypsum stacks. They will never become non-toxic, and these open hazardous waste piles have regularly leaked into rivers and groundwater causing huge fish kills and other problems.

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For an overview of the phosphate fertilizer industry see http://fluoridealert.org/articles/phosphat

Mosaic slapped with $2 Billion clean up settlement Oct. 2015

Phosphate giant Mosaic agrees to pay nearly $2 billion over mishandling of hazardous waste

· Craig Pittman, Tampa Bay Times Staff Writer
Thursday, October 1, 2015 12:53pm

Mosaic Fertilizer, the world’s largest phosphate mining company, has agreed to pay nearly $2 billion to settle a federal lawsuit over hazardous waste and to clean up its operations at six Florida sites and two in Louisiana, the Environmental Protection Agency announced Thursday.
“The 60 billion pounds of hazardous waste addressed in this case is the largest amount ever covered by a federal or state … settlement and will ensure that wastewater at Mosaic’s facilities is properly managed and does not pose a threat to groundwater resources,” the EPA said.
The EPA had accused Mosaic of improper storage and disposal of waste from the production of phosphoric and sulfuric acids, key components of fertilizers, at Mosaic’s facilities in Bartow, New Wales, Mulberry, Riverview, South Pierce and Green Bay in Florida, as well as two sites in Louisiana.
The EPA said it had discovered Mosaic employees were mixing highly-corrosive substances from its fertilizer operations with the solid waste and wastewater from mineral processing, in violation of federal and state hazardous waste laws.
“This case is a major victory for clean water, public health and communities across Florida and Louisiana,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance.
Mosaic CEO Joc O’Rourke said the company is “pleased to be bringing this matter to a close” and pledging to be a good environmental steward. The Minnesota-based company was formed in 2004 by a merger of IMC Global with the crop nutrition division of Cargill.
Mosaic officials in Florida said the EPA investigation and negotiations for a settlement have been going on for eight years, and what they were doing was something everyone in the phosphate industry was doing as well.
The settlement with the EPA, the Justice Department, the Florida Department of Environmental Protection and the Louisiana Department of Environmental Quality will have no impact on Mosaic’s continued employment or on its future mining expansion plans in DeSoto, Hardee and Manatee counties, they said.
First discovered by an Army Corps of Engineers captain in 1881, Florida’s phosphate deposits today form the basis of an $85-billion industry that supplies three-fourths of the phosphate used in the United States. Although phosphate mining provides a major financial boon to the small communities in which the mines are located, it also leaves behind a major environmental mess.
The miners use a dragline with a bucket the size of a truck to scoop up the top 30 feet of earth and dump it to the side of the mine. Then the dragline scoops out the underlying section of earth, which contains phosphate rocks mixed with clay and sand.
The bucket dumps this in a pit where high-pressure water guns create a slurry that can then be pumped to a plant up to 10 miles away.
At the plant, the phosphate is separated from the sand and clay. The clay slurry is pumped to a settling pond, and the phosphate is sent to a chemical processing plant where it is processed for use in fertilizer and other products. The sand is sent back to the mine site to fill in the hole after all the phosphate is dug out.
A byproduct, called phosphogypsum, is slightly radioactive so it cannot be disposed of easily. The only thing the miners can do with it is stack it into mountainous piles next to the plant. Florida is such a flat state that the 150-foot-tall “gyp stacks” are usually the highest point in the landscape for miles around. They contain large pools of highly acidic wastewater on top, too.
“Mining and mineral processing facilities generate more toxic and hazardous waste than any other industrial sector,” Giles said. “Reducing environmental impacts from large fertilizer manufacturers operations is a national priority for EPA.”
Mosaic’s production of pollution is so great that in 2012, the Southwest Florida Water Management District granted the company a permit to pump up to 70 million gallons of water a day out of the ground for the next 20 years. Mosaic is using some of that water to dilute the pollution it dumps into area creeks and streams so it won’t violate state regulations.
The EPA investigation was prompted by a 2003 incident in which the Piney Point phosphate plant, near the southern end of the Sunshine Skyway, leaked some of waste from atop its gyp stack into the edge of Tampa Bay after its owners walked away.
That prompted EPA to launch a national review of phosphate mining facilities, said EPA spokeswoman Julia Valentine. That’s how inspectors found workers were mixing the corrosive substances from the fertilizer operations with the phosphogypsum and wastewater from the mineral processing, she said.
That mixing was something everyone in the industry did, according to Richard Ghent of Mosaic’s Florida operations. The EPA said that violated both state and federal law and put groundwater at risk. It has previously gotten settlements from two other companies, one of which, CF Industries, has since been taken over by Mosaic.
Despite the mishandling of the waste, Debra Waters, Mosaic’s director of environmental regulatory affairs in Florida, said the company has seen no change in the area’s groundwater as a result, which EPA officials said was correct.
The fact that the negotiations have been going on for so many years, she said, “should indicate that there’s no imminent threat.”
The company will invest at least $170 million at its fertilizer manufacturing facilities to keep those substances separate from now on. Mosaic will also put money aside for the safe future closure of the gypsum stacks using a $630 million trust fund it is creating under the settlement. That money will be invested until it reaches $1.8 billion, which will pay for the closures.
The South Pierce and Green Bay plants, both in Polk County, are already in the process of shutting down, with the closure of the gyp stacks already underway, Waters said.
Mosaic will also pay a $5 million civil penalty to the federal government, a $1.55 million penalty to the State of Louisiana and $1.45 million to Florida, and it will be required to spend $2.2 million on local environmental projects to make up for what it has done.
Mosaic, which runs television ads touting its importance in growing crops to feed the world, has previously run afoul of the EPA on its air pollution standards. However, last year company was rated one of the top 50 employers in America based on salary and job satisfaction. Mosaic employs about 1,200 people in Hillsborough County alone.

Fertilizer company negotiating possible Florida settlement costing more than $775 million

Matt Dixon, Naples News

5:04 PM, Dec 18, 2014

Federal and state environmental officials are negotiating in hopes of reaching a settlement with Mosaic, among the world’s largest fertilizer companies, over whether it “mishandled hazardous waste” at some of its Florida facilities.

The issue could ultimately cost the company hundreds-of-millions of dollars in facility upgrades and trust fund payments, in addition to a possible penalty of more than $1 million, according to state records and regulatory filings.

It’s part of the U.S. Environmental Protection Agency’s crackdown on hazardous waste created by the mineral processing industry.

“The negotiations involving Mosaic are complex and ongoing,” said company spokesman Richard Ghent. “We are negotiating in good faith and we look forward to a successful resolution of the matter.”

Phosphate Ore is the mineral that companies mine and process when producing fertilizer. The toxic byproduct created by the process is stored in up to 200-foot tall piles known as “gypstacks,” which are called “mountains off hazardous waste” by some environmental groups.

“They can sometimes overflow and spill their toxic waste after strong storms or prolonged rain events,” the Sierra Club Florida wrote in a brochure about gypstacks.

The first settlement related to the EPA’s efforts was in 2010 between C.F. Industries, which operated a Plant City fertilizer plant, and the U.S. Department of Justice.

Under the settlement, the company agreed to spend $12 million to reduce the release of hazardous waste, and pay a $700,000 fine. In 2013, Mosaic spent $1.2 billion to buy CF Industry’s Central Florida-based phosphate business, which produce 1.8 million tons of phosphate fertilizer annually.

1997 Alafia River Acid Spill

Restoration Work Still to Be Completed After Alafia River Acid Spill
The 1997 spill from a fertilizer plant damaged 377 acres of riverine habitat.
Restoration-Work-Still-to-Be-Completed-After-Alafia-River-Acid-Spill

By Tom Palmer
THE LEDGER
Published: Monday, April 2, 2012 at 11:33 p.m.
Last Modified: Monday, April 2, 2012 at 11:33 p.m.

MULBERRY | It’s been nearly 15 years since 56 million gallons of acidic waste water from the now-defunct Mulberry Phosphates fertilizer plant turned the Alafia River into a killing zone.
Much of the river has recovered naturally, as environmental systems eventually do in response to natural or man-made assaults.
But the $3.7 million settlement with Mulberry Phosphates’ insurance company in 2002 included $2.4 million to pay for habitat improvement in the freshwater sections of the river to compensate for the damage.
The December 1997 spill damaged 377 acres of riverine habitat and killed or injured any wildlife that couldn’t get out of the way quickly enough on Skinned Sapling Creek and the North Prong of the Alafia River on the outskirts of Mulberry.
The North Prong begins near Mulberry and joins the South Prong, which begins near Bradley, to form the main river channel in eastern Hillsborough County. The river flows to Hillsborough Bay in Riverview.
But the planned restoration won’t occur in the environmentally damaged land along the river in Polk County. Instead, scientists involved in the restoration planning issued a report in February recommending a restoration project in an environmental preserve about 15 miles southwest of the spill site.
The restoration work will occur in an area known as Stallion Hammock in Hillsborough County’s Balm-Boyette Scrub Preserve, a 4,933-acre public preserve and recreation area south of Brandon. Pringle Branch, a tributary of Fishhawk Creek, flows there. Fishhawk Creek is a tributary of the Alafia River.
The proposal involves restoring wetlands in an area that has been impacted by phosphate mining to improve water quality and wildlife habitat.
The 18-page report mentions other projects in the Mulberry area closer to the actual impact of the spill that were considered and rejected.
The report said the five projects were ruled out either because they involved work on private land or because they may not have produced significant environmental improvements or, if they did, would have required long-term monitoring and maintenance.
John Ryan, a Winter Haven environmentalist who was involved in efforts to make sure restoration occurred in upstream areas, said it doesn’t bother him that the final restoration plan will occur in another part of the river basin.
“It doesn’t make any sense to be parochial,” he said, adding that the important thing is that some restoration will occur.
Florida Department of Environmental Protection spokeswoman Ana Gibbs said the report has been forwarded to the U.S. Fish and Wildlife Service for review.
She said there was no time schedule for getting the work done, explaining that even after the plan gets the go-ahead, it will then require engineering plans and construction bids.
That means the work isn’t likely to occur until at least next year, she said.
[ Tom Palmer can be reached at tom.palmer@theledger.com or 863-802-7535. Read his blog on the environment at environment.blogs.theledger.com. Follow on Twitter @LedgerTom. ]

Placating a Disaster Prone Industry

Expanding Phosphate Mining… Seriously?

Published Sunday, January 15, 2012 12:10 am

by Dennis Maley

As the Manatee County Commission gets set to vote on a Duette phosphate mining expansion recommended for approval by the county’s planning commission, we need to again ask when Florida is going to seriously evaluate the cost/benefit ratio of placating such a disaster-prone industry that has brought relatively little to the table, considering the havoc it’s reeked on our state.

The history of phosphate mining in Florida has been, on the whole, nothing short of disastrous. Locally, our experience over the decades with the Piney Point site should have permanently saddled each resident with a bad taste in their mouth. It’s a dirty business that threatens our environment, while gobbling up precious water supplies and destroying vital wetlands.

Mining phosphates also leaves behind a toxic substance called phosphogypsum, a radioactive byproduct of processing the phosphate, for which no safe use has been found. Dozens of these “gypsum stacks” already line the Florida landscape, and acidic wastewater sits in lined ponds waiting for tears to happen like the one which sent millions of gallons of hazardous discharge into local waters last year. In a hurricane-rich state, these dangers are only heightened.

The mining operations also produce plenty of fluoride gases that once upon a time escaped into the air and poisoned surrounding agriculture and livestock. Pollution control technology like wet scrubbers have helped to contain the fluoride, but it still needs to be disposed of. That’s where you come in. While the FDA has never approved fluoride ingestion for medical use, your body acts as a free filtration system when municipalities buy the toxin from such companies (with your tax money) and dump it into your drinking water, ostensibly to to prevent cavities – a practice that’s been compared to drinking sunscreen lotion to protect from a burn.

For their part, the fertilizer companies promote economic impact, jobs and feeding the world in their multi-million dollar PR campaigns that not only shine the public perception, but also provide fat accounts (and conflicts of interest) for the media outlets that might otherwise be more blunt in their assessments of the industry. But the fact remains, the biggest mining counties in the state are also the most economically depressed and the industry is among the least labor intensive, employing only a handful of people per acre of land mined.

Considering our experience with phosphate mining already, along with the future potential impact of the mining that’s already been done, it doesn’t seem sustainable or desirable to continue going down this path with a resource-intensive industry whose footprint long outlasts the short term and seemingly short-sided benefits.

Dennis Maley is a featured columnist and editor for The Bradenton Times. His column appears every Thursday and Sunday on our site and in our free Weekly Recap and Sunday Edition. He can be reached at dennis.maley@thebradentontimes.com.

Phosphogypsum Stacks

From EPA website….

Stacks
Aerial view
The phosphogypsum, separated from the phosphoric acid, is in the form of a solid/water mixture (slurry) which is stored in open-air storage areas known as stacks. The stacks form as the slurry containing the by-product phosphogypsum is pumped onto a disposal site. Over time the solids in the slurry build up and a stack forms. The stacks are generally built on unused or mined out land on the processing site.
As the stack grows, the phosphogypsum slurry begins to form a small pond (gypsum pond) on top of the stack. Workers dredge gypsum from the pond to build up the dike around it and the pond gradually becomes a reservoir for storing and supplying process water. A total of 63 phosphogypsum stacks were identified nationwide in 1989. They were in 12 different states, but the majority, two-thirds, were in Florida, Texas, Illinois, and Louisiana.

Side by Side
The surface area covered by stacks ranges from about 5 to 740 acres. The height ranges from about 10 to 200 feet. In 1989, the total surface area covered by stacks was about 8,500 acres. More than half that acreage is in Florida.
The tops of operating phosphogypsum stacks (ones that are still receiving phosphogypsum) are covered by ponds and ditches containing process water. “Beaches,” saturated land masses, protrude into the ponds. These surface features may cover up to 75 percent of the top of the stack. Other surface features include areas of loose, dry materials; access roads; and thinly crusted stack sides. (The crust thickens and hardens when the stacks become inactive and no longer receive process slurry.)

Fluoride and the Phosphate Connection

Fluoride and the Phosphate Connection

by George C. Glasser

http://www.purewatergazette.net/fluorideandphosphate.htm

Cities all over the US purchase hundreds of thousands of gallons of fresh pollution concentrate from Florida – fluorosilicic acid (H2SiF6) – to fluoridate water.

Fluorosilicic acid is composed of tetrafluorosiliciate gas and other species of fluorine gases captured in pollution scrubbers and concentrated into a 23% solution during wet process phosphate fertilizer manufacture. Generally, the acid is stored in outdoor cooling ponds before being shipped to US cities to artificially fluoridate drinking water.

Fluoridating drinking water with recovered pollution is a cost-effective means of disposing of toxic waste. The fluorosilicic acid would otherwise be classified as a hazardous toxic waste on the Superfund Priorities List of toxic substances that pose the most significant risk to human health and the greatest potential liability for manufacturers.

Phosphate fertilizer suppliers have more than $10 billion invested in production and mining facilities in Florida. Phosphate fertilizer production accounts for $800 million in wages per year. Florida’s mines produce 30% of the world supply and 75% of the US supply of phosphate fertilizers. Much of the country’s supply of fluoro-silicic acid for water fluoridation is also produced in Florida.

Phosphate fertilizer manufacturing and mining are not environment friendly operations. Fluorides and radionuclides are the primary toxic pollutants from the manufacture of phosphate fertilizer in Central Florida. People living near the fertilizer plants and mines, experience lung cancer and leukemia rates that are double the state average. Much of West Central Florida has become a toxic waste dump for phosphate fertilizer manufacturers. Federal and state pollution regulations have been modified to accommodate phosphate fertilizer production and use: These regulations have included using recovered pollution for water fluoridation.

Radium wastes from filtration systems at phosphate fertilizer facilities are among the most radioactive types of naturally occurring radioactive material (NORM) wastes. The radium wastes are so concentrated, they cannot be disposed of at the one US landfill licensed to accept NORM wastes, so manufacturers dump the radioactive wastes in acidic ponds atop 200-foot-high gypsum stacks. The federal government has no rules for its disposal.

During the late 1960s, fluorine emissions were damaging crops, killing fish and causing crippling skeletal fluorosis in livestock. The EPA became concerned and enforced regulations requiring manufacturers to install pollution scrubbers. At that time, the facilities were dumping the concentrated pollution directly into waterways leading into Tampa Bay.

Read more: http://www.purewatergazette.net/fluorideandphosphate.htm

Class-Action Silicofluoride Lawsuit

LEAD, ARSENIC, SILICOFLUORIDE ADDED TO DRINKING WATER
Notice of Liability Served on Seattle and Everett
Suit Filed in Federal Court in San Diego

http://fluoride-class-action.com/hempfest-2011

August 20, 2011

Seattle, Everett, Tacoma and other cities use silicofluoride as the fluoridation material they add to their drinking water. Silicofluoride and sodium fluoride are much more toxic than naturally occurring calcium fluoride. Calcium fluoride can be the most pure; sodium fluoride is industrial grade but relatively free of contaminants; silicofluoride is industrial grade toxic waste and highly contaminated with heavy metals.

Silicofluoride contains lead. http://www.nsf.org/business/water_distribution/pdf/NSF_Fact_Sheet.pdf. The EPA maximum contaminant level (MCL) for lead is 15 ppb, and the maximum contaminant level goal (MCLG) is zero. Lead permeates all cells in the body, reduces IQ, and causes kidney disease and high blood pressure.

In 2004, the Seattle papers reported that lead at up to 1,600 ppb was found in drinking water in old Seattle schools. Silicofluoride, unlike more expensive sodium fluoride, leaches lead out of brass pipes. http://www.fluoridealert.org/sf-masters.htm.

New brass pipes contain around 8% lead and older pipes contain as much as 30% lead. All old schools, old homes, old apartment buildings, old hospitals, old office buildings, and old factories can be expected to contain brass pipes with high lead content, which silicofluoride will leach out. http://fluoride-class-action.com/hhs/comments-re-lead.

If water districts stopped fluoridating with silicofluorides, lead levels in water in old buildings would drop dramatically and lead levels in blood would drop dramatically. http://www.fluoridealert.org/sf-masters.htm.

Fluoridation exists within a blindspot. It has become an article of faith. One is told not to try to understand the mystery but to believe in it fervently nevertheless. When it comes to politics, one is saved by faith in fluoride. A politician who opposes fluoridation will have to contend with the wrath and bottomless war chest of the pro-fluoride dental lobby, who probably get their money indirectly from the silicofluoride manufacturers.

Read More: http://fluoride-class-action.com/hempfest-2011

Piney Point phosphate plant leaking again, threatening Tampa Bay

By Craig Pittman, Times Staff Writer
In Print: Saturday, June 4, 2011

http://www.tampabay.com/news/environment/water/article1173511.ece
________________________________________

Piney Point, the shuttered phosphate plant that once threatened to flood Tampa Bay with contaminated waste, is leaking again, and state officials are once again rushing to stop a potential disaster. Meanwhile, millions of gallons of potentially polluted water are flushing into the bay.
The old plant, built in 1966, sits across from Port Manatee about a mile from Bishop Harbor at the southeastern edge of the bay. The port has been dredging a shipping berth, and had hired a contractor to dump the spoil atop the Piney Point phosphogypsum stack.
The dredge disposal began in April. On May 11, something went wrong.
“Apparently, there was a leak,” said Steve Tyndal, Port Manatee’s special projects director.
The contractor, HRK Holding, noticed a sudden drop in pressure and notified state officials.
“There was water coming out of that stack,” said Suzanne Cooper of the Agency on Bay Management, an arm of the Tampa Bay Regional Planning Council.
Workers found pieces of torn liner — liner that was supposed to hold any liquid in the reservoir atop the stack where they had been putting the dredged material.
As a result, “we believe the tear may have been caused by mechanical equipment,” said state Department of Environmental Protection spokeswoman Dee Ann Miller. HRK officials did not return phone calls seeking comment.
State officials feared the gypsum stack would collapse, dumping radioactive material and other contaminants into the bay. To relieve the pressure, the DEP issued an emergency order May 28 to dump the liquid into ditches that flow into Bishop Harbor, but monitor it for harmful pollutants.
They estimate the amount atop the stack was 150 million gallons.
So far what has been flowing out at the rate of more than 2,000 gallons a minute appears to be nothing but seawater from the dredged spoil, say DEP officials, but they are checking for contaminants such as nitrogen, phosphorus and chloride, as well as other harmful pollutants. Test results should be available next week.
Environmental attorney Tom Reese questioned two years ago whether putting the dredged material atop the stack was a good idea.
“I thought the water would weigh too much,” he said. Engineers assured him there was no problem. No one expected mechanical equipment would get close enough to rip the liner, he said.
The DEP took over the Piney Point plant just south of the Hills¬borough-Manatee county line in 2001 when the owners went bankrupt and walked away. The DEP worked to drain off the watery waste atop the plant’s mountainous gypsum stacks, but record rains in 2002 added more than 200 million gallons of waste, leading to fears it would spill into the bay and devastate sea life for miles around.
So the DEP began discharging millions of gallons of ammonia-laden Piney Point waste into ditches flowing into nearby Bishop Harbor, spurring a large algae bloom.
As hurricane season loomed, DEP officials got federal permission for an unprecedented step: loading millions of gallons of treated waste onto barges that sprayed it across a 20,000 square mile area in the Gulf of Mexico.

[Last modified: Jun 03, 2011 10:30 PM]