Last January I reported to the people of Maine on developments during 1998 at the beleaguered HoltraChem plant in Orrington (see BDN, Jan.16-17). I tried then to convey what goes on at the plant; who are the people responsible for its operation; what their problems were (“less technical and organizational than matters of needed capital investment”); and what they were trying to do (“to restore their good name and become what they aspire to be: a national leader within their industry, and a model among small manufacturers in Maine”).

I am happy to report today that, as a result of the Maine Legislature’s having set the nation’s toughest standards for mercury in the environment, and of the company’s aggressive and creative response to them, the people of HoltraChem are well along toward their goal, far closer than anyone might have expected a year ago.

For two years now, the Department of Environmental Protection and HoltraChem have lived together under the terms of several binding legal instruments. As might have been predicted, the relationship has at times been trying and frustrating for both parties; but it is now clear that the overall results have been productive and rewarding for all. While not complete, the terms of these legal instruments are in most regards fulfilled; and the two parties are now about to enter into a time of transition in their relations, from one of constant policing to one that is more nearly normal between a regulated company and its regulator.

What a path we have traveled to get here! In December 1997, HoltraChem and the DEP entered into a Consent Agreement and Enforcement Order to resolve violations of water and hazardous waste regulations dating from April 1994, when HoltraChem purchased the facility out of bankruptcy from the notorious and irresponsible corporate ownership of LCP Chemicals. The violations addressed in the 1997 agreement included, among others, a number of spills of mercury-containing process brine to the environment, ranging from 200 gallons to at least 30,000 gallons, and failure to notify state authorities; several exceedances of HoltraChem’s waste discharge limits for mercury; and failure to comply properly with hazardous waste training, labeling, and storage requirements.

In light of the seriousness of the violations, HoltraChem agreed to pay a $700,000 fine and to undertake extensive corrective measures. In addition to removing spill residues and repairing equipment, HoltraChem agreed to conduct a comprehensive tank and piping assessment; conduct quarterly monitoring of Ferry Road residents’ wells; conduct continuous and expanded sampling of outfalls; develop and implement a comprehensive monitoring plan for mercury in ground and surface waters at the site and nearby Penobscot River; install a collection trench to prevent pollutants from discharging to the Southerly Stream, thence to the Penobscot; install a security fence near the Southerly Stream; implement interim sediment containment measures; and, institute a state-of-the-art ambient mercury air monitoring plan.

HoltraChem has paid the fine with interest, and is in full compliance with all of the corrective measures required in the 1997 agreement. All monitoring and other sampling programs are being conducted and reported publicly on an ongoing basis; and all remedial measures have been completed, except for the collection trench which will be completed during the next construction season.

On Nov. 17, 1997, HoltraChem experienced a chlorine release of approximately 1,700 pounds from its tank car loading operations as a result of an operator rail switching error. On Nov. 19 the DEP issued a Compliance Order to HoltraChem, directing it to revise its public alarm procedures; establish a 24-hour hotline and communicate its emergency procedures to all residences within one mile of the facility; institute additional fail-safe mechanisms and rail car loading safety training, and; with the Local Emergency Preparedness Committee, develop and implement revised public emergency notification and response protocols. Each of these requirements was promptly completed to the DEP’s satisfaction.

As a result of some $6 million in capital investment, HoltraChem has become the acknowledged national leader in its field. Its products are now the cleanest in the industry, containing even less mercury than that from some non-mercury process plants. In response to strict State standards, it has developed a wastewater treatment system which is setting a new, worldwide standard, and may itself offer new commercial opportunities for the company.

In all, it is a record of achievement in which the people at HoltraChem are justifiably beginning to feel pride. They believe that it demonstrates their readiness not merely to meet the requirements of the law, but to exceed them wherever possible; to recognize and act upon their continuing obligations to the people of Maine and to our natural environment; and to operate as a caring and fully responsible member of the Maine business community.

Much remains to be done, of course. A new company president, Steve Guidry, has been selected to succeed Bruce Davis, who led the strong investment program which has allowed HoltraChem to reclaim its position of 30 years ago as industry leader. Guidry is well-qualified by experience and temperament for the job. He now faces the challenge of completing the needed investment program, to fully modernize his plant and realize its potential in new and existing markets.

Guidry’s job, as he correctly sees it, is “to create a vision for the company that builds upon its good people, its good products, and its great technologies; to help develop strategies that will get us from where we are to where we need to be; and, then, to get the resources we need to do it.” And he is talking about the possibility of setting zero-discharge of mercury to the environment as a practical goal in the process. If he does this, the people at HoltraChem will have every reason for the pride they now begin to feel in their achievements of the past two years; and the people of Maine will have reason to share in it, as well, for having responded wisely and effectively to an environmental threat by setting tough standards and leaving good people free to design ingenious ways to meet them.

Richard Barringer is research professor at USM’s Muskie School of Public Service, and former Maine commissioner of conservation and director of state planning. He was hired in March 1998 to serve as “independent environmental auditor” at HoltraChem for a two-year period.