Tonawanda News

The Town

March 7, 2013

Workers turn on Tonawanda Coke in testimony

Current plant superintendent recounts misleading EPA inspectors

Tonawanda News — BUFFALO — Some tense moments were noted in federal court Wednesday when Tonawanda Coke’s current plant manger was called to testify against his employer saying he was encouraged to cover up illegal emissions prior to a federal inspection.

Afterward, when a News reporter called the facility to verify the job title of the witness, plant superintendent Pat Cahill, an unidentified employee responded, “weasel,” before verifying that Cahill heads the operation.

Name-calling aside, Cahill’s allegations, that Mark Kamholz, the foundry’s environmental manager, encouraged him to hide an emissions source during an Environmental Protection Agency inspection, is the most direct evidence yet in the government’s case. 

The emissions source, a pressure relief valve, is central to the government’s case and is named in five of the 19 counts in the indictment against the company and Kamholz. Over the past week since the trial began, federal prosecutors have alleged that Tonawanda Coke failed to notify the EPA and the state Department of Environmental Conservation about the valve, and therefore violated the Clean Air Act.

Wednesday, Cahill told the jury that he completed a walk-through of the plant with Kamholz before the EPA’s investigation in April of 2009. 

During the tour, Kamholz explicitly mentioned the unpermitted emissions source that allegedly vented a known carcinogen, benzene, into the air. Levels of benzene have been measured in the air surrounding the plant 10 times higher than what the government says is safe and a recent state Department of Health study found elevated rates of certain types of cancer among people living in the area.

During the walkthrough, Kamholz pointed to the pressure relief valve and said, “We can’t have that going off when they’re here,” Cahill testified.

So while EPA officials were at the plant, Cahill adjusted the valve’s pressure to prevent it from releasing gas.

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