All posts by traceybg@gmail.com

Monsanto to pay $1.4 M penalty over alleged CWA violations

The U.S. Department of Justice and the Environmental Protection Agency announced April 20 that P4 Production LLC, a mining and phosphorus processing company wholly-owned by Monsanto and operating near Soda Springs in southeast Idaho, has agreed to pay a $1.4 million civil penalty for alleged Clean Water Act violations at its South Rasmussen Mine. In addition to the penalty, P4 will spend an estimated $875,000 on monitoring and to prevent pollutants from entering local waters.

“The Justice Department and the EPA are committed to enforcing the Clean Water Act to reduce pollution from mining and mineral processing operations,” said Ignacia Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. “Clean water is essential for human health, as well as for healthy livestock, fish and wildlife. Today’s settlement agreement will make Idaho’s waters cleaner by preventing selenium and other hazardous pollutants generated by P4’s mining operations from entering local creeks and wetlands.”

“Today’s settlement resolves a long-standing hazard to fish, wildlife and the environment in southeast Idaho,” said Edward Kowalski, director for EPA’s Seattle Office of Enforcement and Compliance. “Selenium pollution is a serious problem in this part of Idaho, and this enforcement action by EPA is one part of the long-term effort to clean up the phosphate patch.”

According to the complaint, P4 allegedly discharged wastewater containing high concentrations of selenium and heavy metals from a waste rock dump at the mine without a required permit. Further, P4’s unpermitted discharges “which contained selenium levels far above Idaho’s state water quality standards” allegedly polluted a nearby wetland and an unnamed tributary of Sheep Creek, as well as downstream waters that drain to the Snake River.

EPA noted that phosphate mines in the area, including the South Rasmussen Mine, are known to contain high levels of selenium in their waste rock. Rainwater and weathering allow the selenium to leach from the waste rock piles and enter nearby surface water. Sheep, horse, and cattle deaths in southeast Idaho have been linked to selenium contamination of plants. Selenium in high concentrations can be toxic to a variety of fish and wildlife and is also known to bio-accumulate, and affect organisms in the aquatic food chain. Monsanto uses phosphate from the South Rasmussen Mine to manufacture Roundup.

Under the terms of the consent decree, P4 will pay the United States $1.4 million and it agrees to:

  • Continue collecting selenium-contaminated leachate from the waste rock pile and prevent leachate from entering nearby creeks and wetlands until such time as the company either obtains a National Pollution Discharge Elimination System permit, or it undertakes a restoration of the waste rock dump under another state or federal order.
  • Perform downstream monitoring for a period of five years to ensure that selenium-contaminated water is no longer leaving the site.

The settlement is part of EPA’s enforcement initiative to reduce pollution from mining and mineral processing operations. EPA says mining and mineral processing facilities generate more toxic and hazardous waste than any other industrial sector, waste that when not properly managed, can impact surrounding communities and pose a serious risk to public health and the environment. To reduce these risks, EPA is working to ensure mining and mineral processing industry compliance with environmental laws.

The settlement was lodged April 20 in the United States District Court for the District of Idaho. There will be a 30-day public comment period during which the United States will accept comments on the settlements before it is presented to the court for entry.

High water leads to flood warnings, lock closures

Chicago-Numerous flood watches and warnings were posted last week after powerful storms ripped through the Northern Plains, Great Lakes, Eastern Cornbelt, and Northeast regions. Wet, heavy snows blanketed parts of the Dakotas, Minnesota, Wisconsin, northern Iowa, and Michigan, while torrential rains came to central and eastern Missouri, southern Illinois, Indiana, Ohio, and much of the Northeast. As a result, the National Weather Service issued flood warnings at midweek for portions of the Illinois River, and for many locations on the Ohio River, including Paducah, Ky., Brookport, Ill., Shawneetown, Ill., Golconda, Ill., Grand Chain Dam, Ill., and Cairo, Ill. In Indiana, a flood watch was issued at midweek for portions of the Kankakee River in northern Indiana; the St. Joseph River in Allen and DeKalb Counties; the Maumee River in portions of Allen and Paulding Counties; the Wabash River in areas of Huntington, Wells, and Adams Counties; the Eel River in Cass, Miami, and Wabash Counties; and the Tiffin River in Defiance, Fulton, and Williams Counties. High water levels and fast moving currents forced lock and dam closures up and down the Mississippi River last week, keeping barges away from docks and halting fertilizer movement at those locations. Local reports said Lock and Dam 14 in LeClaire, Iowa, shut down on April 19, and crews closed Rock Island’s Lock and Dam 15 at Rock Island, Ill., on April 20. Several others were shut down last week between Dubuque, Iowa, and New Boston, Ill. In eastern South Dakota, last week’s moisture caused both the Big Sioux and the James Rivers to swell again, but local reports said river levels were below the record crests reached in March. Localized flooding in North Dakota caused authorities to close portions of three state highways last week. Flood watches and a hazardous weather outlook were also posted at midweek for parts of the Mid-Atlantic, with heavy rain, hail, and potentially damaging winds in the forecast for some locations in Maryland and Virginia.

Ohio judge rules against ammonia tank ban

Sharon Township, Ohio-The Medina County attorney’s office has indicated it will appeal the Licking County Court of Common Appeals’ dismissal of its case to prevent operation of a 12,000 gallon anhydrous ammonia tank the township has been opposing for months. Common Pleas Judge David Branstool issued his ruling April 13, noting the township lacked standing to pursue its litigation in seeking an injunction not only restraining the Ohio Department of Agriculture (ODA) from approving the operation of the tank, but also requiring removal of all existing tanks from operation on farms across the entire state. At the time of the complaint 71 permanent anhydrous ammonia tanks were in operation under properly issued permits, none of which were connected with Sharon Township. In his ruling, Judge Branstool stated, “There is nothing in the statute to suggest that the current regulations are insufficient or unreasonable.” ODA, which had voluntarily agreed not to issue a permit for the tank before the court handed down its decision, reviewed the tank on April 15, found it to be properly installed, and issued a permit to operate to its owner. ODA spokesman Andy Ware reported that the owner had installed some additional security devices to present tampering. “With that we went ahead and issued the permit to operate.” The township trustees had objected that there is no limit to the size of ammonia tanks, nor is a background check required of the installer or consideration given to the township’s ability to respond to a chemical release. Ware added that Medina County has gone ahead with an appeal to the Fifth Appellate District, and that ODA has responded with a memo of opposition to the motion for an injunction. No one in the Medina County attorney’s office was available for comment.

Legend receives second mining lease

Melbourne-Legend International Holdings Inc. reports that the State Government of Queensland has approved the grant of Legend’s Paradise North mining lease ML90191 northwest of Mt. Isa. Paradise North is the second mining lease (ML) applied for in Queensland for the Legend Phosphate Project following the granting of The D-Tree North mining lease ML90190 in August 2010, and is the first of two to be granted for the Paradise phosphate fertilizer project. Paradise North will be the first site of mining for Legend’s Paradise phosphate fertilizer project. The project recently reported a pre-tax net present value of US$4.8 billion dollars from its expanded production feasibility study, which has assessed that the production of 1.2 million mt/y of DAP/MAP is technically and economically viable. “This investment from Legend International clearly shows that the mining and resources sectors are confident when it comes to investing in Queensland,” said Queensland Premier Anna Bligh. “With Legend’s estimate of almost 200 million mt of mineral reserves in the area, we are looking at a mine with an operational life of 60 years.” Legend says it has been receiving a high level of interest from international fertilizer buyers and producers, with positive discussions progressing with interested industry corporations for a potential strategic transaction relating to the development and financing of the phosphate assets. It said a shortlist of the key interested parties is conducting due diligence and site visits. Legend expects successful completion of this process, resulting in the partnering with a major fertilizer industry corporation, in the coming months.

Wilbur-Ellis purchases aerial appl. business

San Francisco-Wilbur-Ellis Company on April 15 announced that it has purchased the assets of Smith Air LLC., an aerial application business that applies crop protection and fertility products, servicing agricultural production of alfalfa, dry beans, potatoes, and wheat in Eastern Washington. Smith Air will now be part of Wilbur-Ellis’s Agribusiness Division. “Acquiring Smith Air’s business will expand Wilbur-Ellis’ Northwest Operation, bringing new opportunities to our marketing business, and will develop our aerial portfolio,” said Ken Manning, senior vice president of Wilbur-Ellis’ Northwest Operation. “Smith Air’s business values, customer base, and service area made this an appealing business decision for Wilbur-Ellis. We are excited to work with such a well-established aerial operations company.” Smith Air’s main trade area is in the Adams, Grant, Lincoln, Spokane, and Whitman Counties of Washington. The company sprays about 250,000 acres annually and currently has five full-time pilots. “Our family has been in this business for decades, and throughout the years we have continued to move forward in improving our business whether by using new technology or developing best practices in aerial operations,” said Mark Smith, owner of Smith Air. “Since we’ve had a continued stream of success, becoming a part of the Wilbur-Ellis family is the next step in growing our business.” Mark Smith will continue to manage the business under the direction of Ron Pilkinton, Cascades/Columbia Basin regional manager at Wilbur-Ellis. The acquisition adds to Wilbur-Ellis’s other aerial operations in California, Nebraska, North Dakota, South Dakota, and Texas.

IC Potash initiates enviro work

Toronto-IC Potash Corp. has commenced the environmental permitting work necessary to open and operate the Ochoa Sulfate of Potash mining project located in Lea County, southeast New Mexico. The company’s Ochoa property consists of over 100,000 acres of federal subsurface potassium prospecting permits and State of New Mexico potassium mining leases.

CoreSulphur plans sulfur bentonite plant

Arroyo Grande, Calif.-CoreSulphur Inc., a full-service sulfur forming and sulfur bentonite fertilizer operation, on April 7 announced a license agreement with Brazil-based Produquimica that the company says will result in the creation of “a world class sulfur bentonite fertilizer plant.” CoreSulphur will provide engineering services, equipment, technical support, plant start-up services, and employee training. The manufacturing complex is slated to be operational in third-quarter 2011. “We are very happy to be doing business with a company such as Produquimica,” said Kent Lambden, managing director of CoreSulphur. “Produquimica has focused on technology and fertilizer solutions in Brazil for more than 45 years and become one of the largest and most respected specialty fertilizer companies in South America. Produquimica’s view of the potentials of sulfur bentonite and sulfur micronutrients complements the views of CoreSulphur, not only in Brazil, but globally.” CoreSulphur, a subsidiary of CoreClean Group LLC, is privately-held and headquartered in Arroyo Grande, Calif.

Fert industry launches nutrient stewardship site

Washington-A new online resource is available to help farmers boost yields, manage input costs, and maintain soil health. The Web site, www.nutrientstewardship.com, is a collaborative effort between The Fertilizer Institute (TFI), The Canadian Fertilizer Institute (CFI), The International Plant Nutrition Institute (IPNI), and the International Fertilizer Industry Association (IFA) aimed at increasing awareness of 4R nutrient stewardship the right fertilizer source at the right rate, the right time, and the right place. “Nutrient stewardship is a top priority for the entire fertilizer industry,” said Ford West, TFI president. West said the new Web site “streamlines our industry’s efforts to promote awareness and adoption of science-based fertilizer best management practices, while also creating a brand for the 4Rs that will allow the agriculture community to speak with one voice regarding its commitment to environmental stewardship and sustainability.” The new site is designed to serve as an online clearinghouse for information on 4R-related tools and resources, and will serve as the cornerstone for a multi-faceted nutrient stewardship initiative. In addition to introducing site visitors to the 4R concept, the Web site offers information regarding a wide range of agronomic topics related to nutrient management, and provides a how-to guide for implementing the 4Rs on the farm. “We’re in a time in agriculture where the risk of making the wrong decision when it comes to nutrient management is greater than ever before,” said Steve Phillips, IPNI director, Southeast, United States. “In addition to meeting the challenge of feeding a growing population, agriculture is facing increasing regulatory pressure to limit the use of crop nutrients, and those factors make right now the right time for promoting increased awareness and adoption of 4R nutrient stewardship.”

N.D. legislators agree on 2 percent potash tax

Bismarck, N.D.-North Dakota legislators are putting the finals touches to a compromise agreement on how much to tax the state’s potash mining industry. Working for most of the current session on a range between 1.5 to 4 percent, the House gave its final approval last Wednesday (April 20) and the Senate was to follow suit later in the day to a levy of 2 percent on gross receipts from sales. The votes were 87-7 in the House and 37-10 in the Senate. According to Terry Traynor with the North Dakota Association of Counties, both bodies felt the need to act before adjournment instead of leaving the matter in the hands of the local entities. He expected that the measure would be signed by Gov. Jack Dalrymple without any problem. “There are still a lot of issues left unresolved” Traynor told Green Markets. “But the legislators wanted to fix a level of tax so the industry would have some level of comfort so they would know what they are going to be up against.” Negotiators from the House and Senate agreed to wait until 2013 to decide how to divide the tax money between the state and the county where the potash is located. The House supported a bigger tax share for counties than the Senate. The final bill also lets counties decide if they want to charge property tax on potash processing facilities.

Washington stops short of outright phos ban

Olympia, Wash.-Washington state legislators have stopped short of banning phosphorus in lawn fertilizer effective in 2013 under a bill signed earlier this month by Gov. Chris Gregoire. “It was initially thought to have an outright ban on the sale phosphorus, but it turned out that homeowners who want it for new or damaged lawns will have to request it from dealers,” according to John Stuhlmiller, director of government relations for the Washington State Farm Bureau. Stuhlmiller said the bill doesn’t restrict phosphorus in fertilizers for agricultural uses, vegetables, or flowers, but does include golf courses. In signing the bill, Gregoire said she was disappointed the bill does not exempt fertilizer made from organic materials such as manure. Although they contain phosphorus, using them as fertilizer is a good way to manage waste, she said. But because the bill doesn’t take effect until 2013, she urged the sponsors and other legislators to take that issue up in next year’s session. The bill did note that of approximately 60,000 lakes in Washington, only a small percentage have phosphorus issues and that rivers with high levels are being affected by natural sources, activities in upstream states, fish hatcheries, and other non-turf sources. Other states with similar bans have not been able to show a corollary reduction in water phosphorus levels. Stuhlmiller also noted that a petroleum tax that would have affected fertilizer appears to be a dead issue for this session. “There is still a lot of uncertainty because the budget and tax package have not been settled at this point,” he offered. “But at this time it appears that that package is unlikely to pass although legislators are still looking for sources of additional revenues.”