Reddy Ice Corporation to pay penalty and improve accident prevention and preparedness at Denver facility

EPA Press Release:

Reddy Ice Corporation to pay penalty and improve accident prevention and preparedness at Denver facility
Ice manufacturer to pay $61,500, improve management of anhydrous ammonia

Contact: David Cobb 303-312-6592; Mathew Allen 303-312-6085

(Denver, Colo. – May 30, 2013) The U.S. Environmental Protection Agency (EPA) today announced a Clean Air Act settlement in which the Reddy Ice Corporation (Reddy Ice), based in Dallas, Texas, has agreed to pay a $61,500 penalty and correct deficiencies associated with the risk management program at its facility in Denver, Colo.

According to the settlement, Reddy Ice allegedly violated the risk management plan provisions of the Clean Air Act by failing to ensure storage vessels containing hazardous chemicals were constructed according to industry standards and providing insufficient documentation in plans designed to mitigate on-site hazards. These deficiencies were discovered during an EPA inspection of the ice manufacturer’s facility in north Denver on December 5, 2010.

“Facilities that use chemicals and substances that pose a potential danger are responsible for having a robust risk management program in place,” said Mike Gaydosh, director of EPA’s enforcement program in Denver. “Failure to do so places the environment, employees, and nearby communities at risk.”

The Reddy Ice facility is subject to the risk management provisions of the Clean Air Act due to its on-site quantity of anhydrous ammonia, an acutely toxic chemical. As a result of the agreement, the company will take steps to ensure that process vessels containing ammonia are properly constructed and will update the facility’s risk management plan. Ready Ice has agreed to correct the deficiencies within 60 days.

Under the Clean Air Act, operations such as the Reddy Ice facility must develop and implement a risk management plan to assist with emergency preparedness, chemical release prevention, and minimization of releases that occur. EPA Inspectors found that the facility had not adequately implemented these regulations.

EPA’s action will benefit residents, including significant low-income and minority populations, in the vicinity of the Reddy Ice facility by reducing the possibility of exposure to anhydrous ammonia.   This settlement will also ensure proper safety practices are in place to protect employees and first responders from the threat of dangerous chemical releases.

Tesoro to Pay $1.1 Million to Resolve Clean Air Act Violations

EPA Press Release:

FOR IMMEDIATE RELEASE

May 30, 2013

Tesoro to Pay $1.1 Million to Resolve Clean Air Act Violations

WASHINGTON – The U.S. Environmental Protection Agency (EPA) announced that Tesoro Corporation, Tesoro Refining & Marketing Company LLC, and Tesoro Alaska Company have agreed to pay a $1.1 million penalty to resolve claims that Tesoro failed to comply with requirements under the Clean Air Act (CAA) at four of its refining facilities that produce conventional gasoline. 

In its complaint, EPA alleged that Tesoro failed to comply with recordkeeping, reporting, sampling, and testing requirements at its facilities in Salt Lake City, Utah; Mandan, N.D.; Anacortes, WA; and Kenai, AK.  

"EPA’s fuels regulations are vital safeguards that protect our nation’s air quality,” said Cynthia Giles, assistant administrator for EPA's Office of Enforcement and Compliance Assurance. "By taking action against violations of these regulations, EPA is not only protecting people’s health, but is also ensuring a level playing field for refiners that play by the rules."

The settlement requires that Tesoro implement an environmental compliance and auditing plan which is designed to prevent future violations and ensure compliance with EPA’s fuels regulations.  

The EPA’s fuel regulations require that all fuel produced, imported and sold in the United States meet certain standards. Fuel that does not meet the applicable standards could lead to an increase in emissions of harmful pollutants, such as volatile organic compounds and cancer-causing air toxics.

The sampling, testing, recordkeeping, and reporting requirements of the fuels program provide the foundation for EPA’s compliance program. Refiners that violate these requirements undermine the integrity of the fuel regulations and hinderthe Agency’s ability to ensure gasoline complies with fuel quality and performance standards, potentially leading to an increase in harmful air pollution. 

Recreational Vehicle Manufacturer to Pay $885,000 Penalty to Resolve Violations of the Clean Air Act

Press release:

FOR IMMEDIATE RELEASE
September 6, 2012

Recreational Vehicle Manufacturer to Pay $885,000 Penalty to Resolve Violations of the Clean Air Act

WASHINGTON – The U.S. Environmental Protection Agency (EPA) announced a settlement with recreational vehicle manufacturer, American Suzuki Motor Corporation and Suzuki Motor Corporation, to pay an $885,000 penalty for allegedly importing and selling 25,458 uncertified all-terrain vehicles (ATVs) and off-road motorcycles in the United States. ATVs and motorcycles that are not certified may be operating without proper emissions controls and can emit excess hydrocarbons and nitrogen oxides that can cause respiratory illnesses, aggravate asthma and contribute to the formation of ground level ozone, or smog.

“EPA’s vehicle emission standards are vital safeguards that protect our nation’s air quality,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “By taking action to deter the importation and sale of non-compliant engines, EPA is not only protecting people’s health, but is also ensuring a level playing field for manufacturers that play by the rules.”

The Suzuki ATVs and off-road motorcycles were uncertified because they were manufactured with an undisclosed electronic emission control configuration that would allow the vehicles to be modified for increased horsepower through the installation of an aftermarket part. This type of modification could lead to increased emissions of hydrocarbons and nitrogen oxides. Design features that may effect emissions must be disclosed in certificate applications. Vehicles that do not conform to the design specifications in their certificate applications are not covered by a certificate. The violations were identified and self-disclosed by Suzuki.

The Clean Air Act (CAA) prohibits any vehicle or engine from being imported into or sold in the United States unless it is covered by a valid, EPA-issued certificate of conformity indicating that the vehicle or engine meets applicable federal emission standards. The certificate of conformity is the primary way EPA ensures that vehicles and engines meet emission standards. This enforcement action is part of an ongoing effort by EPA to ensure that all imported vehicles and engines comply with the CAA’s requirements.

The settlement requires Suzuki to implement three emission mitigation projects to reduce hydrocarbon emissions by 210 tons or more. The projects include replacing older unregulated gas cans with gas cans that meet current evaporative emission requirements, discontinuing the sale of high-permeability fuel line hoses, and installing evaporative emission control devices on certain models of highway motorcycles sold throughout the United States.

Suzuki also will modify its warranty policy and owner’s manual for ATVs and off-road motorcycles to increase awareness of modifications to emissions control systems, environmental regulations, prohibited modifications, and acts that could result in loss of warranty coverage.

More information on the settlement: http://www.epa.gov/compliance/resources/cases/civil/caa/suzuki.html

More information on EPA’s Clean Air Act mobile source enforcement programs: http://www.epa.gov/enforcement/air/index.html#mobile


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EPA Reaches Agreement with Carmeuse Lime to Control Dust from its Chicago Plant

Press release:

For Immediate Release           No. 12-OPA061

EPA Reaches Agreement with Carmeuse Lime to Control Dust from its Chicago Plant
Chicago (Aug. 7, 2012 ) - The U.S. Environmental Protection Agency has reached agreement with Carmeuse Lime, Pittsburgh, Pennsylvania, to resolve Clean Air Act violations at its Chicago lime manufacturing facility. The company will pay a $350,000 fine and spend $125,000 on lead abatement in south side neighborhoods.
“As a result of this agreement, residents of Chicago’s south side will breathe cleaner air and children will be protected from lead contamination,” said EPA Regional Administrator Susan Hedman.
EPA and the City of Chicago conducted a joint inspection of the Carmeuse plant in response to complaints from local residents about excess dust. The inspection revealed poor maintenance at the facility, which led to the release of dust into the surrounding neighborhood.

The consent decree requires Carmeuse to upgrade and replace equipment and to improve maintenance and housekeeping practices. By implementing these changes, which have been/will be incorporated in the facility's air permit, Carmeuse will dramatically reduce the amount of dust released into the neighborhood.
Under terms of the consent decree, Carmeuse will also hire a nonprofit organization to install new energy-efficient windows in neighborhood homes that have window frames with lead-based paint. Window replacements will occur in the houses of low income residents with young children in the Englewood, West Englewood and South Chicago neighborhoods.

Carmeuse is a major lime producer, with 35 facilities in the United States and Canada.

Three Utah facilities to pay penalties for Risk Management Program violations

Press release:

Three Utah facilities to pay penalties for Risk Management Program violations

Clean Air Act requirements designed to prevent accidental releases of hazardous chemicals

Contacts: David Cobb, 303-312-6592; Richard Mylott, 303-312-6654

(Denver, Colo. - Aug 6, 2012) Three facilities in Utah -- Utah Olympic Park (Park City), Duchesne Valley Water Treatment Plant (Duchesne), and Ashley Valley Water Treatment Plant (Vernal) -- have agreed to pay civil penalties and correct violations associated with the safe management and use of hazardous chemicals.

The penalties, collectively totaling $11,650 at all three sites, were assessed under the federal Clean Air Act which requires the development of Risk Management Programs for all public and private facilities that manufacture, process, use, store, or otherwise handle flammable and toxic chemicals such as chlorine and anhydrous ammonia.
"These requirements ensure that facilities have up-to-date procedures in place to prevent and respond to releases of toxic chemicals used on-site,” said Mike Gaydosh, EPA’s Enforcement Director in Denver. “Failure to comply with these requirements can leave the public and environment at risk from accidental releases."

By agreeing to the settlements, all three facilities have certified that they are now in compliance with federal Risk Management Program regulations. Utah Olympic Park will pay total penalties of $7,000. Duchesne Valley Water Treatment Plant will pay total penalties of $2,470. Ashley Valley Water Treatment Plant will pay total penalties of $2,180. Duchesne Valley and Ashley Valley are both owned and operated by the Central Utah Water Conservancy District.

EPA inspected the three facilities in 2011 and found various violations of Risk Management Program regulations designed to prevent accidental chemical releases and minimize the impact of releases or other accidents that may occur. The three Utah facilities are subject to these regulations because they store highly toxic chemicals above regulatory thresholds.

The establishment of effective risk management plans help companies, industries and municipalities operate responsibly, assist emergency responders by providing vital information necessary to address accidents and other incidents, protect the environment by preventing and minimizing damage from accidental releases, and keep communities safer.

For more information on the Clean Air Act and risk management requirements: http://www.epa.gov/oem/content/rmp/caa_faqs.htm

Colorado ethanol plant to pay $5,850 penalty for Risk Management Program violations

Press release:

Colorado ethanol plant to pay $5,850 penalty for Risk Management Program violations

Clean Air Act requirements designed to prevent accidental releases of toxic chemicals

Contacts: David Cobb, 303-312-6592; Richard Mylott, 303-312-6654

(Denver, Colo. - Aug 6, 2012) Yuma Ethanol, LLC has agreed to pay a $5,850 civil penalty and correct violations relating to the storage and use of toxic and flammable substances at its ethanol plant in Yuma, Colorado. An EPA inspection of the plant in October 2011 found the company had violated Risk Management Program regulations under the Clean Air Act. By agreeing to the settlement announced today, the company has certified that the facility is now in compliance with these regulations.
"These requirements ensure that facilities have up-to-date procedures in place to prevent and respond to releases of toxic chemicals used on-site,” said Mike Gaydosh, EPA’s Enforcement Director in Denver. “Failure to comply with these requirements can leave the public and environment at risk from accidental releases."

Under the Clean Air Act, the Yuma Ethanol facility was required to maintain a risk management plan because it exceeded the 10,000-pound storage threshold for anhydrous ammonia, an extremely hazardous chemical, and natural gasoline, a flammable substance used to denature ethanol. Yuma Ethanol was storing approximately 97,000 pounds of anhydrous ammonia at the time of the EPA inspection.

This enforcement action will benefit the community, which includes minority and low-income areas. Minority populations comprise nearly half of the residents within a five-mile radius of the facility and 45 percent are below poverty level. Approximately 35 percent of the area’s population is Hispanic.

EPA enforces the Risk Management Program regulations of the Clean Air Act with the goal of preventing accidental chemical releases and minimizing the impact of releases or other accidents that may occur. The establishment of effective risk management plans helps companies, industries and municipalities operate responsibly, assists emergency responders by providing vital information necessary to address accidents and other incidents, protects the environment by preventing and minimizing damage from accidental releases, and keeps communities safer.

For more information on the Clean Air Act and risk management requirements: http://www.epa.gov/oem/content/rmp/caa_faqs.htm

Supervisor of Michigan Town Sentenced to Three Years in Prison

Press release:

MEDIA CONTACT: Stacy Kika, 202-564-0906, kika.stacy@epa.gov
FOR IMMEDIATE RELEASE                
No. 12-OPA060

Supervisor of Michigan Town Sentenced to Three Years in Prison

WASHINGTON (August 3, 2012) - William Morgan, the former supervisor of Royal Oak Township, a suburb of Detroit, was sentenced in federal court to three years in prison. Mr. Morgan had previously entered a guilty plea to charges that he conspired to defraud the U.S. Department of Housing and Urban Development (HUD), violate the Clean Air Act’s asbestos requirements, and commit bribery. Asbestos is a mineral fiber that has been used commonly in a variety of building construction materials. When asbestos-containing materials are damaged or disturbed by repair, remodeling or demolition activities, microscopic fibers become airborne and can be inhaled into the lungs, where they can cause serious health problems.

"It is reprehensible that a public official made asbestos abatement decisions based on a bribe, not on what was needed to protect the health of the community,” said Randall Ashe, special agent in charge of EPA’s criminal enforcement program in Michigan. “The sentence shows that government officials who attempt to line their pockets rather than carry out their responsibilities honestly will be prosecuted to the full extent to the law.”

“Any public official, in city or suburb, who works to enrich himself at the expense of the public will be detected and prosecuted,” U.S. Attorney Barbara L. McQuade said.  “It is particularly disturbing when an official not only takes bribes but also endangers community health and the environment by allowing the bribes to influence abatement decisions.”

Morgan’s criminal conduct involved the awarding of a contract and distribution of federal funds that were intended to be used by communities for the improvement of blighted areas by removing dilapidated buildings. The funding was received through HUD’s Neighborhood Stabilization Program (NSP). Morgan, in addition to being Township supervisor, was also Royal Oak’s coordinator for NSP.

Prior to the awarding of the contract, Morgan had received a $10,000 bribe from Sureguard/PBM, one of the companies that submitted a bid for the demolition and asbestos removal of an abandoned theater on Eight Mile road. In return for the bribe, Morgan attempted to steer the contract to Sureguard/PBM. Despite Morgan’s efforts, Royal Oak’s Board of Supervisors awarded the contract to another company, which had submitted a lower bid.

During the demolition process, Morgan asked for and received cash payments of $500 and $1,000 from the owner of the company that had won the contract. Morgan received these payments under the belief that they were in return for his approval of a change order covering the asbestos abatement that fraudulently inflated the cost of the work.

One of Morgan’s co-conspirators, Terrance Parker, received a sentence of 21 months. Two other co-conspirators, Kendrick Covington and Marcus Brown have yet to be sentenced.

The case was investigated by special agents of the Federal Bureau of Investigation (FBI), HUD’s Office of the Inspector General and EPA’s Criminal Investigation Division.

More information about EPA’s criminal enforcement program: http://www.epa.gov/oecaerth/criminal/index.html.

Hopewell, Va., Company to Pay $175,000 Penalty to Settle Clean Air Act Violations at Manufacturing Facility

Press release:

Hopewell, Va., Company to Pay $175,000 Penalty to Settle

Clean Air Act Violations at Manufacturing Facility

PHILADELPHIA (July 31, 2012) -- The U.S. Environmental Protection Agency and the U.S. Department of Justice today announced that Hercules Incorporated has agreed to pay a $175,000 penalty to settle alleged violations of federal environmental laws in the processing of cellulose fiber at its Hopewell, Va., plant.

According to the United States' complaint, Hercules allegedly failed to adequately demonstrate compliance with the national emission standard for hazardous air pollutants for cellulose products manufacturing and violated related regulations on leak detection and repair.

Cellulose fiber is the main raw material used in the manufacturing processes conducted at the facility, located at 1111 Hercules Road. The cellulose is treated with various chemicals, and gaseous and particulate by-products are vented and treated by air pollution control devices. However, leakage of hazardous air pollutants into the environment can occur at different points along the manufacturing process, for example, at valves and vents.

Under a consent decree that was lodged with the U.S. District Court in Richmond, Va. on July 2, 2012, Hercules is required to comply with the Clean Air Act standard of "maximum achievable control technology" (MACT) . This standard protects public health and improves air quality by requiring facilities to use state-of-the-art technology for reducing hazardous air pollutants. Hercules will spend approximately $200,000 on the consent decree requirements, resulting in an estimated 150 tons of hazardous air pollutants reduced per year. As part of the settlement, Hercules has agreed to conduct additional testing, update its operating permit to document testing and monitoring activities, and engage in a two-year enhanced leak detection and repair program. The proposed settlement is subject to a 30-day public comment period and court approval.

This agreement is part of an EPA national initiative to target and reduce illegal emissions of air toxics and reduce excess emissions for facilities that have a significant impact on air quality and health in residential areas. Industrial and commercial facilities are required to implement leak detection and repair programs to prevent the escape of hazardous air pollutants.

For more information, please go to: http://epa.gov/ttn/atw/cellulose/cellfact.pdf.

Illinois Man Sentenced to 10 Years in Prison for Clean Air Act Violations Involving Asbestos

FOR IMMEDIATE RELEASE
July 26, 2012


Illinois Man Sentenced to 10 Years in Prison for Clean Air Act Violations Involving Asbestos

WASHINGTON – Duane “Butch” O’Malley, 59, of Bourbonnais, Ill., who was convicted by a federal jury on September 26, 2011, for the illegal removal, handling and disposal of asbestos from a Kankakee building in August 2009, was sentenced to 10 years in prison by Federal District Court Judge Michael McCuskey. O’Malley was also ordered to pay restitution of $47,086 to the U.S. Environmental Protection Agency (EPA) related to the clean-up of illegally disposed asbestos and ordered to pay a fine of $15,000. Asbestos is a mineral fiber that has been used commonly in a variety of building construction materials. When asbestos-containing materials are damaged or disturbed by repair, remodeling or demolition activities, microscopic fibers become airborne and can be inhaled into the lungs, where they can cause serious health problems, including lung cancer and mesothelioma.

“Asbestos must be removed in a safe and legal way in order to protect people's health and reduce the risk of exposure,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “The defendant’s actions endangered the health of his workers and the surrounding community and the sentence shows that those who violate critical environmental safeguards will be prosecuted.”  

“To increase his profits, a jury found that O’Malley knowingly disregarded federal environmental laws that require asbestos-containing materials be safely removed and properly disposed,” said U.S. Attorney Jim Lewis, Central District of Illinois. “This sentence is a consequence of the defendant’s flagrant disregard for his workers, the public, and the environment in exposing them to dangerous airborne asbestos fibers.”

During O’Malley’s trial, the government presented evidence that O’Malley, owner and operator of Origin Fire Protection, was hired by Michael J. Pinski in August 2009 to remove asbestos-containing insulation from pipes in a five-story building in Kankakee, Ill. that was owned by Pinski through his company, Dearborn Management, Inc. Evidence was presented that neither O’Malley nor his company was trained to perform the asbestos removal work and that O’Malley agreed to remove the asbestos insulation for an amount that was substantially less than a trained asbestos abatement contractor would have charged to perform the work. Further, O’Malley arranged for James A. Mikrut to recruit and oversee workers to remove the asbestos.

The government’s evidence showed that various provisions of the Clean Air Act (CAA) and EPA regulations were violated, including, failure to properly notify the EPA, failure to have trained on-site representatives present, failure to ensure the asbestos insulation was adequately wetted while it was being stripped and removed, failure to mark vehicles used to transport the asbestos containing waste material and failure to deposit the asbestos in a waste disposal site for asbestos. Instead, the asbestos insulation was stripped from the pipes while dry, and then placed in more than 100 large, unlabeled plastic garbage bags. The bags were then dumped in an open field in Hopkins Park, resulting in soil contamination and exposing the workers hired by O’Malley to dangerous asbestos-laden dust.

Under the CAA there are requirements to control the removal, handling and disposal of asbestos, a hazardous air pollutant. Any owner or operator of a renovation or demolition activity which involves removal of specified amounts of asbestos-containing material must comply with the EPA regulations.    

O’Malley was charged in June 2010 with five felony violations of the CAA, along with Michael J. Pinski, 42, of Kankakee, Ill., and James A. Mikrut, 49, of Manteno, Ill. Pinski entered a plea of guilty on Aug. 19, 2011, to one count of violation of the Clean Air Act. Mikrut pleaded guilty on Aug. 24, 2011, to five counts of violation of the CAA. The sentencing hearings for Pinski and Mikrut will be scheduled at a future date.  

The charges were investigated by EPA’s Criminal Investigation Division, with assistance from the Illinois Environmental Protection Agency and the U.S. Environmental Protection Agency’s Superfund Division. Assistant United States Attorney Eugene L. Miller and Special Assistant U.S. Attorney James Cha are prosecuting the case.

More information about EPA’s criminal enforcement program: http://www.epa.gov/oecaerth/criminal/index.html


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EPA Reaches Agreement with Park Nicollett Health Services; Company Will Fund Lead Abatement in Low-Income Housing

Press release:

For Immediate Release                                                             No. 12 – OPA055

EPA Reaches Agreement with Park Nicollett Health Services; Company Will Fund Lead Abatement in Low-Income Housing

Chicago (July 23, 2012) -- The U.S. Environmental Protection Agency has reached an agreement with Park Nicollet Health Services to resolve allegations of Clean Air Act violations at Methodist Hospital in St. Louis Park, Minnesota. EPA alleged the company failed to keep required records and submit required reports on emissions from ethylene oxide sterilizers at the hospital. After being notified of the violations, the company took steps to meet all requirements.

Under a consent agreement and final order, Park Nicollet Health Services will pay an $18,750 fine and spend $56,250 on a project to protect families in St. Louis Park and Minneapolis from hazards associated with lead-based paint. The project will include removing lead-based paint and dust and replacing lead-based painted surfaces or fixtures in low-income housing occupied by children under age 6 or pregnant women.

“As a result of this agreement, the people of Minneapolis will breathe cleaner air and fewer young children will be exposed to dangerous lead at home,” said EPA Regional Administrator Susan Hedman.

Lead exposure affects the nervous system and can cause a range of health effects, from behavioral problems and learning disabilities, to seizures and death. Children 6 years old and younger are most at risk.

More information about toxic air pollutants and about lead is available on EPA’s Website: http://www.epa.gov/air/toxicair/newtoxics.html and http://www.epa.gov/lead/.

EPA to Review Technical Information on Mercury and Air Toxics Standards for New Power Plants

Press release:

FOR IMMEDIATE RELEASEJuly 20, 2012
EPA to Review Technical Information on Mercury and Air Toxics Standards for New Power Plants
Routine review has no impact on cost or vital health benefits of first national standards for mercury pollution

WASHINGTON – The U.S. Environmental Protection Agency (EPA) is reviewing technical information that is focused on pollution limits for new power plants under the Mercury and Air Toxics Standards, based on new information provided by industry stakeholders after the rule was finalized. This review, which is not an uncommon step for major standards, will have no impact on the sensible, achievable, and cost-effective standards already set for existing power plants, which will protect millions of families and, especially, children from air pollution. By moving quickly to review the new information, this action will provide greater certainty for five planned future facilities, in Georgia, Kansas, Texas, and Utah, that would be covered by the standards. This review will not change the expected costs or public health benefits of the rule.

EPA’s Mercury and Air Toxics Standards, which take advantage of existing flexibilities, are the first national standards to protect American families from power plant emissions of mercury and toxic air pollution like arsenic, acid gas, nickel, selenium, and cyanide. By ensuring that existing power plants install widely available pollution control equipment, the standards will prevent as many as 11,000 premature deaths and 4,700 heart attacks a year. The standards will also help America’s children grow up healthier-- preventing 130,000 cases of childhood asthma symptoms and about 6,300 fewer cases of acute bronchitis among children each year.

EPA will review monitoring issues related to the mercury standards for new power plants and will address other technical issues on the acid gas and particle pollution standards for these plants. The agency’s review will not change the types of state-of-the-art pollution controls new power plants are expected to use to reduce this harmful pollution.

This type of review, known as a “reconsideration,” is a routine tool that EPA often uses to ensure that its standards incorporate all relevant information, in cases where information only becomes available after a rule is promulgated. The agency’s decision to reconsider the standards for new sources reflects its ongoing commitment to work with industry and other stakeholders to ensure that all of EPA’s standards protect public health while being achievable and cost-effective. The agency will follow an expedited, open and transparent process that includes public comment on any proposed changes. The agency will complete the rulemaking by March 2013 and will also use its Clean Air Act authority to stay the final standards for new power plants for three months during this review.

More information: http://epa.gov/mats/actions.html

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US Announces Clean Air Act Settlement with Wisconsin Utility

Press release:

FOR IMMEDIATE RELEASE
June 29, 2012

US Announces Clean Air Act Settlement with Wisconsin Utility
Dairyland Power Cooperative to reduce emissions by more than 29,000 tons annually

WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) announced a Clean Air Act (CAA) settlement with Dairyland Power Cooperative (DPC) that will cover the utility’s three power plants in Alma and Genoa, Wis. DPC has agreed to invest approximately $150 million in pollution control technology that will protect public health and resolve violations of the CAA. The settlement will also require that DPC spend $5 million on environmental mitigation projects and pay a civil penalty of $950,000.

“EPA is committed to protecting communities by reducing air pollution from the largest sources of emissions,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “The pollution reductions and the significant investment in local environmental projects under this agreement will ensure that the people of Wisconsin and neighboring states have cleaner, healthier air.”

“This settlement will improve air quality in Wisconsin and downwind areas by significantly reducing releases of sulfur dioxide, nitrogen oxide and other harmful pollutants,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. “This agreement also demonstrates the Justice Department’s commitment to enforcing the New Source Review provisions of the Clean Air Act, which help ensure cleaner air for those communities located near large sources of air pollution.”

Under the settlement, DPC must install pollution control technology on its three largest units and will be required to continuously operate the new and existing pollution controls and will be required to comply with stringent emission rates and annual tonnage limitations. The settlement also requires DPC to permanently retire three additional coal-fired units at the Alma plant, which have been out of operation since last year. The permanent retirement of these units will ensure that they do not restart without first complying with the CAA. The actions taken by DPC to comply with this settlement will result in annual reductions of sulfur dioxide (SO2) emissions by 23,000 tons and nitrogen oxides (NOx) emissions by 6,000 tons from 2008 levels, in addition to significant reductions of particulate matter emissions. This settlement covers all seven coal-fired boilers at DPC’s three power plants.

The settlement also requires DPC to spend $5 million on projects that will benefit the environment and human health in communities located near the DPC facilities. DPC must pay $250,000 each to the U.S. Forest Service and the National Park Service, to be used on projects to address the damage done from DPC’s alleged excess emissions. At least $2 million will be spent on a major solar photovoltaic development project. The remaining mitigation funding will be spent on one or more of the following projects: 1) installation of solar photovoltaic panels, 2) home weatherization projects, and 3) the replacement of DPC’s standard vehicle fleet with cleaner burning vehicles. The Sierra Club is a party to the settlement, which will also resolve violations alleged by Sierra Club in related litigation.

Reducing air pollution from the largest sources of emissions, including coal-fired power plants, is one of EPA’s National Enforcement Initiatives for 2011-2013. SO2 and NOx, two key pollutants emitted from power plants, have numerous adverse effects on human health and are significant contributors to acid rain, smog and haze. These pollutants are converted in the air to fine particles of particulate matter that can cause severe respiratory and cardiovascular impacts, and premature death. Reducing these harmful air pollutants will benefit the communities located near DPC facilities, particularly communities disproportionately impacted by environmental risks and vulnerable populations, including children. Because air pollution from power plants can travel significant distances downwind, this settlement will also reduce air pollution outside the immediate region.

This is the 22nd judicial settlement secured by the Justice Department and EPA, and the 23rd settlement overall, as part of a national enforcement initiative to control harmful emissions from power plants under the Clean Air Act’s New Source Review requirements. The total combined sulfur dioxide and nitrogen oxides emission reductions secured from these settlements will exceed nearly 2 million tons each year once all the required pollution controls have been installed and implemented.

The settlement was lodged yesterday in the U.S. District Court for the Western District of Wisconsin, and is subject to a 30-day public comment period and final court approval.

More information about the settlement: http://www.epa.gov/compliance/resources/cases/civil/caa/dairyland.html

More information about EPA’s enforcement initiative: http://www.epa.gov/compliance/data/planning/initiatives/2011airpollution.html



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EPA Updates Clean Air Act Standards for Flares and Process Heaters at Petroleum Refineries

FOR IMMEDIATE RELEASEJune 1, 2012

  

EPA Updates Clean Air Act Standards for Flares and Process Heaters at Petroleum Refineries
 

Practical standards, informed by stakeholder and industry input, cut harmful pollution while saving the refining industry money

WASHINGTON – The U.S. Environmental Protection Agency (EPA) is issuing common-sense standards informed by important input from stakeholders, including industry, for new flares and process heaters at petroleum refineries which maintain important public health benefits while dramatically reducing costs. This final rule, which responds to petitions requesting the agency to reconsider standards issued in 2008, provides industry with greater compliance flexibility than those earlier standards did and ensures that companies can make routine operational changes without triggering new requirements.  These updates will reduce emissions of sulfur dioxide, nitrogen oxides, and volatile organic compounds, which can cause respiratory illnesses, heart attacks and premature deaths, while saving the refining industry approximately $80 million per year. These reductions will also provide up to $610 million in annual health benefits.

Today’s final standards are flexible and rely on proven, widely used technologies and processes to cut pollution from flares and process heaters. Flares, which are typically used to burn off waste gases from the refining process, would need to follow work practice standards and meet monitoring requirements. Process heaters, which are used to heat process fluids, would need to meet emission limits for nitrogen oxides. The final standards also encourage refineries to recover gas that can be used as fuel to power equipment at the refinery.

These standards will reduce emissions of sulfur dioxide (SO₂) and nitrogen oxides (NOx), and volatile organic compounds, which react in the air to form fine particle pollution and ground-level ozone. While the revised standards do not address greenhouse gas emissions, they will reduce carbon dioxide emissions by as much as 2 million tons per year as a co-benefit.
 
EPA’s final rule responds to petitions requesting the agency to reconsider the final standards issued in 2008 and provides a clear path forward for refineries to meet these important standards and protect public health.

More information: http://www.epa.gov/ttn/oarpg/new.html

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BP Agrees to Add More Than $400 Million in Pollution Controls at Indiana Refinery and Pay $8 Million Clean Air Act Penalty

FOR IMMEDIATE RELEASE
May 23, 2012

BP Agrees to Add More Than $400 Million in Pollution Controls at Indiana Refinery and Pay $8 Million Clean Air Act Penalty

WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that BP North America Inc. has agreed to pay an $8 million penalty and invest more than $400 million to install state-of-the-art pollution controls and cut emissions from BP’s petroleum refinery in Whiting, Ind. When fully implemented, the agreement is expected to reduce harmful air pollution that can cause respiratory problems such as asthma and are significant contributors to acid rain, smog and haze, by more than 4,000 tons per year.
“Today's settlement will protect the residents of northwestern Indiana from harmful air pollution by requiring state-of-the-art pollution controls,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance."BP's agreement to install fenceline monitoring will also ensure that residents have access to critical information about pollution that may be affecting their community.”
“In this case, BP North America has not lived up to all of its obligations under an earlier settlement agreement and has committed new violations of the Clean Air Act at its Whiting refinery in Indiana,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “This settlement secures a significant penalty, requires state-of-the-art controls, and is a fair and just resolution that will address BP’s violations. We will continue to hold BP accountable and ensure that it complies with the nation’s environmental laws.”
The complaint alleges violations of Clean Air Act (CAA) requirements at the Whiting refinery in connection with construction and expansion of the Whiting Refinery, as well as violations of a 2001 consent decree with the company that covered all of BP’s refineries and was entered into as part of EPA’s Petroleum Refinery Initiative.
Today’s settlement will lead to the installation of innovative pollution controls on the largest sources of emissions at the Whiting refinery, including extensive new controls on the refinery’s flaring devices. Flaring devices are used to burn-off waste gases. The more waste gases sent to a flare, and the less efficient the flare is when burning those gases, the more pollution that will occur. Under the settlement, BP will install new equipment that will limit the amount of waste gas sent to flaring devices in the first place, as well as implement innovative, cutting-edge controls to ensure proper combustion efficiency for any gases that are burned in a flaring device. The requirements, similar to those included in a recent settlement with Marathon Petroleum Corp., are part of EPA’s national effort to reduce emissions from flares at refineries, petrochemical and chemical plants.
In addition to the controls on the refinery’s flares, the settlement will also result in reduced emissions by imposing some of the lowest emission limits in refinery settlements to date, enhancing controls on wastewater containing benzene and providing for an enhanced leak detection and repair program. Today’s settlement also requires the Whiting refinery to spend $9.5 million on projects at the refinery to reduce the emissions of greenhouse gases.

BP will perform a supplemental environmental project in which they will install, operate and maintain a $2 million fence line emission monitoring system at the Whiting refinery and will make the data collected available to the public by posting the information on a publicly-accessible website. Fenceline monitors will continuously monitor benzene, toluene, pentane, hexane, sulfur dioxide, hydrogen sulfide and all compounds containing reduced sulfur.  
BP Products North America Inc., headquartered in Warrenville Ill., engages in the exploration, development, production and marketing of oil and natural gas, and additionally operates petroleum refineries in California, Indiana, Ohio, Texas and Washington. BP North America Inc. is a subsidiary of BP p.l.c., headquartered in London, England. The Whiting Refinery has a refining capacity of approximately 405,000 barrels per day, and is the 6^th largest refinery in the United States.
The state of Indiana, the Sierra Club, Save the Dunes, the Natural Resources Defense Council, the Hoosier Environmental Council, the Environmental Law and Policy Center, the Environmental Integrity Project, Susan Eleuterio and Tom Tsourlis also joined in this settlement.
The consent decree is subject to a 30-day public comment period and final court approval.
More information about the settlement: http://www.epa.gov/compliance/resources/cases/civil/caa/bp-whiting.html

More about EPA’s civil enforcement of the Clean Air Act: http://www.epa.gov/compliance/civil/caa/index.html


R092

Proposed Clean Air Act Regional Haze Federal Implementation Plan for Hawaii

For Immediate Release: May 21, 2012
Contact:  Dean Higuchi, 808-541-2711, higuchi.dean@epa.gov,                                    
MEDIA ADVISORY

Scheduled for May 31 in Kahului, June 1 in Hilo

HONOLULU – U.S. Environmental Protection Agency will be holding two public hearings on the proposed Clean Air Act Regional Haze Federal Implementation Plan for Hawaii, one in Kahului, Maui on May 31 and one in Hilo, Hawaii Island on June 1.

Regional haze is visibility impairment caused by the cumulative air pollutant emissions from numerous sources over a wide geographic area. This haze obscures the views of scenery at a distance, reducing the beauty of national parks. The EPA plan is designed to achieve progress toward achieving visibility goals at the Haleakala National Park and the Hawaii Volcanoes National Park in the first planning period through 2018.

The proposed plan would impose a cap on pollution from certain oil-fired electric generating units on the Big Island. It is likely that the Hawaii Electric Light Company could meet this cap through improvements in energy conservation and increased reliance on renewable energy already planned as part of Hawaii’s Clean Energy Initiative. The EPA is not planning to impose any other additional pollution controls as part of this stage of the Regional Haze Program.

The Clean Air Act requires states, in coordination with EPA, the National Park Service, U.S. Fish and Wildlife Service, the U.S. Forest Service, and other interested parties, to develop and implement air quality protection plans to reduce the pollution that causes visibility impairment in 156 national parks and wilderness areas. Agencies have been monitoring visibility in national parks and wilderness areas since 1988. In 1999, the EPA announced a major effort to improve air quality in national parks and wilderness areas through the Clean Air Act Regional Haze Rule.

The proposed plan for Hawaii is available on the following website: http://www.epa.gov/region9/air/actions/hawaii.html

WHERE AND WHEN:
At each location, EPA is holding an open house meeting for the purpose of providing additional information and informal discussion of the proposed plan, followed by a public hearing to accept oral comments into the record:

MAUI:
Date: May 31, 2012
Time: Open House: 5:30-6:30 pm
         Public Hearing 6:30-8:30 pm
Location: The University of Hawaii, Maui College in the Pilina Multipurpose Room
310 W. Kaahumanu Ave.
Kahului, Hawaii 96732

HILO:
Date: June 1, 2012
Time: Open House: 4:30-5:30 pm
         Public Hearing: 5:30-7:30 pm
Location: Waiakea High School Cafeteria
155 W. Kawili St.
Hilo, Hawaii 96720
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Hess Corporation to Install $45 Million In Pollution Controls and Pay $850,000 Penalty to Resolve Clean Air Act Violations at New Jersey Refinery

FOR IMMEDIATE RELEASEApril 25, 2012

Hess Corporation to Install $45 Million In Pollution Controls and Pay $850,000 Penalty to Resolve Clean Air Act Violations at New Jersey Refinery

WASHINGTON - The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that Hess Corporation has agreed to pay an $850,000 civil penalty and spend more than $45 million in new pollution controls to resolve Clean Air Act violations at its Port Reading, N.J., refinery. Once fully implemented, the controls required by the settlement are estimated to reduce emissions of nitrogen oxide (NOx) by 181 tons per year and result in additional reductions of volatile organic compounds (VOCs). High concentrations of NOx and VOCs, key pollutants emitted from refineries, can have adverse impacts on human health, including contributing to childhood asthma, and are significant contributors to smog.
“EPA is committed to protecting communities by reducing air pollution from the largest sources,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “This settlement will reduce harmful emissions that impact air quality, protecting the residents of Port Reading and New Jersey.”
“This settlement is the 31st such agreement with petroleum refineries across the nation. Hess joins a growing list of corporations who have entered into comprehensive and innovative agreements with the United States that will result in cleaner, healthier air for communities across the nation,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. “For example, this agreement will improve air quality for New Jersey residents by requiring Hess to install advanced pollution control and monitoring technology and adopt more stringent emissions limits.”  
The settlement requires new and upgraded pollution controls, more stringent emission limits, and aggressive monitoring, leak-detection and repair practices to reduce emissions from refinery equipment and processing units.

The government’s complaint, filed on April 19, 2012, alleged that the company made modifications to its refinery that increased emissions without first obtaining pre-construction permits and installing required pollution control equipment. The Clean Air Act requires major sources of air pollution to obtain such permits before making changes that would result in a significant emissions increase of any pollutant.

The state of New Jersey actively participated in the settlement with Hess and will receive half of the civil penalty.

The settlement with Hess is the 31st under an EPA initiative to improve compliance among petroleum refiners and to reduce significant amounts of air pollution from refineries nationwide through comprehensive, company-wide enforcement settlements. The first of these settlements was reached in 2000. With today’s settlement, 108 refineries operating in 32 states and territories – more than 90 percent of the total refining capacity in the United States – are under judicially enforceable agreements to significantly reduce emissions of pollutants. As a result of the settlement agreements, refiners have agreed to invest more than $6 billion in new pollution controls designed to reduce emissions of sulfur dioxide, nitrogen dioxide and other pollutants by over 360,000 tons per year.

The consent decree, lodged in the District of New Jersey, is subject to a 30-day public comment period and court approval.
More information on the Hess settlement: http://www.epa.gov/compliance/resources/cases/civil/caa/hesscorp.html

More information on EPA’s Petroleum Refinery Initiative: http://www.epa.gov/compliance/resources/cases/civil/caa/oil/index.html 

R070

National Cooperative Refinery Association to Pay $700,000 in Penalties for Violations at Kansas Refinery and Storage Facility

U.S. Environmental Protection Agency, Region 7

901 N. Fifth St., Kansas City, KS 66101

Iowa, Kansas, Missouri, Nebraska, and Nine Tribal Nations

National Cooperative Refinery Association to Pay $700,000 in Penalties for Violations at Kansas Refinery and Storage Facility

Contact Information: Chris Whitley, 913-551-7394, whitley.christopher@epa.gov

Environmental News

FOR IMMEDIATE RELEASE

(Kansas City, Kan., March 27, 2012) - The National Cooperative Refinery Association (NCRA) has agreed to pay $700,000 in penalties to the United States and the State of Kansas, and perform a series of injunctive relief actions, to settle violations of federal environmental laws and the Kansas State Implementation Plan at its petroleum refinery and underground storage facility in McPherson County, Kan.

As part of a consent decree lodged yesterday in U.S. District Court in Kansas City, Kan., NCRA will pay $475,000 in penalties to the United States and $225,000 to the State of Kansas. As a part of the settlement, NCRA has agreed to spend approximately $745,000 on supplemental environmental projects involving the purchase of emergency response equipment and services for the benefit of citizens and emergency response agencies in McPherson County.

NCRA owns and operates an 85,000-barrel-per-day petroleum refinery on Iron Horse Road in the city of McPherson, Kan., and an associated underground product storage facility in the nearby unincorporated community of Conway, Kan.

According to a complaint by the U.S. Department of Justice, the U.S. Environmental Protection Agency, the Kansas Attorney General’s Office and the Kansas Department of Health and Environment, NCRA:

• Violated the federal Clean Air Act (CAA) by failing to maintain and operate the refinery’s Unicracker Unit and associated air pollution control equipment in a manner consistent with good air pollution control practices, resulting in a 20-day flaring event that caused significant emissions of hydrogen sulfide and sulfur dioxide to the atmosphere.
• Violated the CAA and the Kansas State Implementation Plan by exceeding emission limits contained in a construction permit for the refinery’s Unicracker Unit heater and Hydrogen Unit heater.
• Violated the CAA by failing to fully implement a Risk Management Program at the refinery and the underground product storage facility.
• Violated the federal Emergency Planning and Community Right-to-Know Act (EPCRA) and the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) by failing to make timely reports of releases of hydrogen sulfide and sulfur dioxide during four separate flaring events at the refinery, including the previously mentioned 20-day flaring event.
• Violated the EPCRA by submitting incomplete Tier II reports, which are supposed to include the identity and inventory of on-site chemicals, to emergency responders.
• Violated the EPCRA by failing to submit an accurate and complete Toxic Release Inventory (TRI) form to EPA.

The consent decree requires NCRA to perform a series of injunctive relief actions to address its non-compliance issues and enhance future compliance through greater emphasis on the Risk Management Program. These include performing an applicability study at the refinery and underground storage facility, providing detailed tank inspection timelines and information, and documenting the resolution of process hazard analyses and compliance audit findings.

For the CAA violations, the relief involves training for start-up procedures and revision to applicable limits for the refinery’s Unicracker Unit Heater.

Relief associated with the EPCRA and CERCLA violations includes completion of a compliance review for Tier II, TRI and episodic release reports. It also includes the submission of an associated report to EPA, retroactive release reporting, and release report training.

NCRA’s supplemental environmental projects, totaling at least $745,000, are designed to further the goals of EPCRA and the Risk Management Program, which seek to prevent accidental chemical releases, minimize the consequences of accidents that do occur, and enable local emergency responders to plan and respond effectively to chemical accidents.

The consent decree is subject to a 30-day public comment period and final approval by the court.

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