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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The Performance Operating Company Fined for Violating the Clean Water Act

Press release:

The Performance Operating Company Fined for Violating the Clean Water Act

(DALLAS – September 5, 2012) The Environmental Protection Agency has fined the Performance Operating Company, LLC, of Bartlesville, Oklahoma, $3,250 for violating federal Spill Prevention Control and Countermeasure (SPCC) regulations at two of its oil production facilities.

A June 28, 2012, EPA inspection at the company’s North Kane Tank Battery in Osage County, Oklahoma, found the facility’s SPCC plan had inadequate or no facility diagram, no listing of type of oil and storage capacity layout of containers, and the plan did not discuss nor implement appropriate containment and diversionary structures and equipment. The inspection also revealed the field drainage system, oil traps and skimmers were not regularly inspected and oil not promptly removed. The fine for the violations at the North Kane Tank Battery was $1,750.

A second EPA inspection on June 28, 2012, found the company’s #4A SWD facility in Osage County had no SPCC plan as required by federal regulations. The fine for the absence of an SPCC plan was $1,500.

As part of an Expedited Settlement Agreement with the EPA, the company has provided certification that all identified deficiencies have been corrected at both facilities.

SPCC regulations require onshore oil production or bulk storage facilities to provide oil spill prevention, preparedness and countermeasures to prevent oil discharges. The SPCC program helps protect our nation’s water quality since a spill of only one gallon of oil can contaminate one million gallons of water.

Additional information on SPCC regulations is available at: http://www.epa.gov/oilspill

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

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International Builder and DC-based Subsidiary Agree to Pay $270,000 to Settle Stormwater Violations at Construction Sites

Press release:

International Builder and DC-based Subsidiary Agree to Pay $270,000

to Settle Stormwater Violations at Construction Sites

 

(PHILADELPHIA, August 29, 2012) Turner Construction Co., an international builder based in New York City, and its subsidiary Tompkins Builders, Inc. of Washington, D.C., have agreed to pay $270,000 in civil penalties for alleged violations of federal stormwater regulations at construction sites throughout the mid-Atlantic region, the U.S. Environmental Protection Agency announced today.    

On August 27, 2012 EPA filed two Consent Agreements and Final Orders alleging that Turner and Tompkins violated their Clean Water Act permits allowing for the discharge of stormwater from construction sites, and in other instances discharged construction stormwater without permits. The alleged violations occurred at 17 construction sites the companies operated in Maryland, Virginia, Pennsylvania and Washington, D.C. Fifteen of these sites are located in the Chesapeake Bay watershed and two are in the Delaware River watershed (see attached list of construction sites).

Turner and Tompkins operated these sites for clients including federal and local governments, the Department of Defense, universities and other organizations. A construction project at Prince George’s Community College Center for Health Studies is among them, in which case unfiltered basin water flowed, absent a permit, to the storm sewer system that discharges to the Western Branch of the Patuxent River.

In the mid-Atlantic region, Virginia, Maryland, and Pennsylvania are authorized to issue CWA stormwater permits with oversight from EPA; stormwater permits in the District of Columbia are issued by EPA.

In general, the permits in this case required the companies to install controls to prevent pollutants, such as sediment, debris, and chemicals, from being discharged in stormwater into nearby waterways. These controls may include common-sense safeguards such as silt fences, phased site grading and sediment basins to prevent construction contaminants from polluting waterways.

EPA’s complaint includes allegations that at various sites the companies failed to:

•     Perform or properly document required site inspections;
•     Maintain structures and controls designed to prevent polluted stormwater from reaching streams; and,
•     Obtain CWA Permits prior to beginning construction.  

EPA worked closely with state and local environmental agencies to detect and resolve these violations. State and local personnel conducted numerous field inspections, and the agencies shared technical and legal expertise. EPA required Turner and Tompkins to provide extensive documentation concerning their construction activities at numerous locations.
In addition to paying civil penalties, Turner and Tompkins entered into an earlier settlement requiring the companies to implement a program to assure future compliance with federal construction stormwater requirements.
As part of the settlement, the companies did not admit liability for the alleged violations. To view a copy of the consent agreement http://www.epa.gov/reg3wapd/npdes/enforcement.html.

To learn more about EPA’s stormwater management program, http://www.epa.gov/npdes/stormwater.

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Turner/Tompkins Construction Sites where stormwater violations occurred:

Facilities Covered	Facility Address
Sustainment Center for Excellence	Corner of Lee Avenue and A Avenue, Fort Lee, VA 23801
Langley Air Force Base Hospital Addition	63 Pine Road, Langley Air Force Base, VA 23665
Warrenton Training Center, Station C Firing Range	Summerduck Road, Remmington, VA
Building B-70 Warrenton Training Center	Bearwallow Road, Warrenton VA
D.C. Youth Center, Laurel, MD	8100 Main Ave, Laurel, Md 20724
Hershey Expansion Project	Hershey, PA
Martin Luther King Memorial	Ind Avenue, and West Basin Drive, SW, Washington, DC 20001
Fort Belvoir Community Hospital	Building R1450, 9025 Richmond Hwy, Fort Belvoir 22314
Prince George’s Community College Center for Health Studies	301 Hay Road, Largo, MD 20774
TRADOC Headquarters	Murphy Field, Fort Eustis, VA 23604
Franklin & Marshall University Race Street Parking Lot	415 Harrisburg Avenue, Lancaster, PA 17603
Army National Guard Readiness Center	111 S George Mason Dr., Arlington, VA 22204
Drexel University Integrated Sciences Building	33rd and Chestnut St, Philadelphia, PA 19104
FDA Consolidation at White Oak – Buildings 31 & 32	10903 New Hampshire Avenue, Silver Spring, MD 20993
Penn Park Complex	299 South 30th St. Philadelphia, PA 19104
Salamander Resort and Spa	23325 Foxcroft Rd, Middleburg, VA 20117
C4ISR Center for Excellence	2201 Averdeen Blvd. Aberdeen Proving Ground, MD 21010

Industrial Laundry in Lebanon, N.H. Faces Fine for Clean Water Violations

News Release
U.S. Environmental Protection Agency
New England Regional Office
August 28, 2012

Contact: David Deegan, (617) 918-1017

Industrial Laundry in Lebanon, N.H. Faces Fine for Clean Water Violations

(Boston, Mass. – Aug. 28, 2012) – An industrial laundry facility in Lebanon, N.H. faces a penalty of $64,000 from the US Environmental Protection Agency for several violations of federal water laws, including discharging water containing detergent to the city’s public wastewater system which caused excessive foaming in the Connecticut River.

According to a complaint filed recently by EPA’s New England office, UniFirst Corp. discharged wastewater containing industrial grade detergent into the public wastewater system in Nov. 2010 and failed to immediately notify the city of the discharge.  Both actions violated the Clean Water Act. The complaint also details that in 2011 UniFirst discharged wastewater with a high acidity, also in violation of the federal Clean Water Act.

UniFirst operates an on-site wastewater treatment system that introduces process wastewater into the City of Lebanon’s system, which in turn discharges treated wastewaters into the Connecticut River.  The detergent violations caused the city to be out of compliance with its own National Pollution Discharge Elimination System (NPDES) permit regulating its wastewater system.

Discharges of ­­prohibited effluents from industrial users can present a risk to nearby waters and aquatic life. An industrial user’s failure to immediately notify the local wastewater treatment system and any other applicable state or federal emergency responders undermines their ability to promptly respond to a potential threat.

More information on enforcement of Clean Water Act in New England http://www.epa.gov/region1/enforcement/water/index.html

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Stone Energy Corporation Fined for Violating the Clean Water Act

Press release:

Stone Energy Corporation Fined for Violating the Clean Water Act

(DALLAS – August 24, 2012) The Environmental Protection Agency has fined the Stone Energy Corporation of Plaquemines Parish, Louisiana, $7,055 for violating federal Spill Prevention, Control and Countermeasure (SPCC) regulations outlined under the federal Clean Water Act.

A January 25, 2012, EPA inspection of its Main Pass 21 oil production facility located in Venice, Louisiana, revealed the facility had failed to conduct inspections in accordance with SPCC regulations. The inspection also found the facility’s SPCC plan did not discuss flowline high pressure devices and well shut-in valves as well as adequate protection of sub-marine piping against environmental stresses.

SPCC regulations require onshore oil production or bulk storage facilities to provide oil spill prevention, preparedness and countermeasures to prevent oil discharges. The SPCC program helps protect our nation’s water quality since a spill of only one gallon of oil can contaminate one million gallons of water.

Additional information on SPCC regulations is available at: http://www.epa.gov/oilspill

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

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Clean Water Act Settlement Ensures That Boston Racetrack Addresses Wastewater and Stormwater Discharges

Press release:

FOR IMMEDIATE RELEASE
August 22, 2012

Clean Water Act Settlement Ensures That Boston Racetrack Addresses Wastewater and Stormwater Discharges

WASHINGTON – U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that Sterling Suffolk Racecourse LLC will pay a civil penalty of $1.25 million to resolve violations of the Clean Water Act (CWA) at its Suffolk Downs racetrack facility in Revere and East Boston, Mass. The company is also spending more than $3 million to prevent polluted water from entering nearby waterways and will perform three environmental projects worth approximately $742,000 that will provide water quality monitoring and protection efforts for more than 123 square miles of watershed. The terms of the settlement are contained in a consent decree lodged in federal court in Boston today.

The federal complaint alleges that Suffolk allowed polluted wastewater, including horse manure, urine and bedding material, to discharge into Sales Creek, a tributary of Belle Isle Inlet and Boston Harbor. In addition, the federal complaint alleges that Suffolk operated its concentrated animal feeding operation (CAFO), which stables race horses from March through November, without a permit under the CWA.

“This settlement reduces a major source of pollution into Boston Harbor,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “In addition, the settlement’s environmental projects include monitoring water quality in the harbor’s watershed, helping to protect a valuable urban waterway for the use and enjoyment of Boston area residents and visitors.”

“Today’s agreement will prevent further discharges of wastewater from Suffolk Downs into local waterways and will bring the racetrack into compliance with the Clean Water Act, which protects America’s streams, wetlands and rivers from the impacts of Concentrated Animal Feeding Operations,” said Ignacia S. Moreno, assistant attorney general of the Environment and Natural Resources Division of the Department of Justice. “The settlement also brings lasting benefits to residents and the environment by requiring water quality monitoring in the Mystic and Saugus river watersheds and a salt marsh habitat protection project near the racetrack.”

In response to EPA’s enforcement at this facility, Suffolk is completing construction of a wastewater collection system, is making improvements to its stormwater collection system and has applied for a National Pollutant Discharge Elimination System (NPDES) permit. Suffolk will minimize the volume of and properly manage the wastewater it produces, which will now be collected in a detention pond and discharged during non-peak hours to the sanitary sewer system. Suffolk will also implement green infrastructure and low impact development techniques to address stormwater discharges from the racetrack and maintenance areas of the facility. These techniques involve the use of natural or engineered systems to direct stormwater to areas where it can be stored, infiltrated, evapotranspirated, or reused.

EPA inspections revealed that Suffolk Down’s process wastewater discharged from the facility to Sales Creek during dry and wet weather. EPA inspectors observed stormwater contaminated with manure and turbid, brown runoff being discharged from the facility to Sales Creek. Sampling conducted at various outfalls discharging from the Suffolk Downs facility indicated elevated levels of pollutants, including ammonia, suspended solids and bacteria. Animal wastes contain excessive levels of nutrients and pathogens, which produce adverse environmental impacts including reduction of oxygen in the water, which affects aquatic life.

Suffolk will undertake three supplemental environmental projects under this settlement, including two water quality monitoring projects and one habitat protection project. Suffolk will work with the Mystic River Watershed Association (MyRWA) to conduct monthly baseline and targeted water quality sampling throughout the Mystic River watershed and will work with the Saugus River Watershed Council (SRWC) to conduct a Saugus River watershed sampling program. Both the Mystic River watershed and Saugus River watershed data will be available to the public for free on the MyRWA and SRWC websites. Suffolk will also construct a habitat protection boardwalk in the Belle Isle Marsh, which is immediately downstream of the Suffolk Downs facility and represents one of the largest remaining areas of salt marsh in Boston Harbor. The Belle Isle Marsh encompasses 275 acres of salt marsh, salt meadow, and tidal flats, and is part of the Rumney Marsh Area of Critical Environmental Concern (ACEC).

Preventing animal waste from contaminating surface and ground waters of the United States is one of EPA’s National Enforcement Initiatives for 2011-2013.The initiative focuses on large and medium sized CAFOs that are discharging pollution without or in violation of a permit.

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

More information: http://www.epa.gov/compliance/resources/cases/civil/cwa/sterlingsuffolk.html


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Clean Water Act Settlement Ensures That Boston Racetrack Addresses Wastewater and Stormwater Discharges

Press release:

FOR IMMEDIATE RELEASE
August 22, 2012

Clean Water Act Settlement Ensures That Boston Racetrack Addresses Wastewater and Stormwater Discharges

WASHINGTON – U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that Sterling Suffolk Racecourse LLC will pay a civil penalty of $1.25 million to resolve violations of the Clean Water Act (CWA) at its Suffolk Downs racetrack facility in Revere and East Boston, Mass. The company is also spending more than $3 million to prevent polluted water from entering nearby waterways and will perform three environmental projects worth approximately $742,000 that will provide water quality monitoring and protection efforts for more than 123 square miles of watershed. The terms of the settlement are contained in a consent decree lodged in federal court in Boston today.

The federal complaint alleges that Suffolk allowed polluted wastewater, including horse manure, urine and bedding material, to discharge into Sales Creek, a tributary of Belle Isle Inlet and Boston Harbor. In addition, the federal complaint alleges that Suffolk operated its concentrated animal feeding operation (CAFO), which stables race horses from March through November, without a permit under the CWA.

“This settlement reduces a major source of pollution into Boston Harbor,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “In addition, the settlement’s environmental projects include monitoring water quality in the harbor’s watershed, helping to protect a valuable urban waterway for the use and enjoyment of Boston area residents and visitors.”

“Today’s agreement will prevent further discharges of wastewater from Suffolk Downs into local waterways and will bring the racetrack into compliance with the Clean Water Act, which protects America’s streams, wetlands and rivers from the impacts of Concentrated Animal Feeding Operations,” said Ignacia S. Moreno, assistant attorney general of the Environment and Natural Resources Division of the Department of Justice. “The settlement also brings lasting benefits to residents and the environment by requiring water quality monitoring in the Mystic and Saugus river watersheds and a salt marsh habitat protection project near the racetrack.”

In response to EPA’s enforcement at this facility, Suffolk is completing construction of a wastewater collection system, is making improvements to its stormwater collection system and has applied for a National Pollutant Discharge Elimination System (NPDES) permit. Suffolk will minimize the volume of and properly manage the wastewater it produces, which will now be collected in a detention pond and discharged during non-peak hours to the sanitary sewer system. Suffolk will also implement green infrastructure and low impact development techniques to address stormwater discharges from the racetrack and maintenance areas of the facility. These techniques involve the use of natural or engineered systems to direct stormwater to areas where it can be stored, infiltrated, evapotranspirated, or reused.

EPA inspections revealed that Suffolk Down’s process wastewater discharged from the facility to Sales Creek during dry and wet weather. EPA inspectors observed stormwater contaminated with manure and turbid, brown runoff being discharged from the facility to Sales Creek. Sampling conducted at various outfalls discharging from the Suffolk Downs facility indicated elevated levels of pollutants, including ammonia, suspended solids and bacteria. Animal wastes contain excessive levels of nutrients and pathogens, which produce adverse environmental impacts including reduction of oxygen in the water, which affects aquatic life.

Suffolk will undertake three supplemental environmental projects under this settlement, including two water quality monitoring projects and one habitat protection project. Suffolk will work with the Mystic River Watershed Association (MyRWA) to conduct monthly baseline and targeted water quality sampling throughout the Mystic River watershed and will work with the Saugus River Watershed Council (SRWC) to conduct a Saugus River watershed sampling program. Both the Mystic River watershed and Saugus River watershed data will be available to the public for free on the MyRWA and SRWC websites. Suffolk will also construct a habitat protection boardwalk in the Belle Isle Marsh, which is immediately downstream of the Suffolk Downs facility and represents one of the largest remaining areas of salt marsh in Boston Harbor. The Belle Isle Marsh encompasses 275 acres of salt marsh, salt meadow, and tidal flats, and is part of the Rumney Marsh Area of Critical Environmental Concern (ACEC).

Preventing animal waste from contaminating surface and ground waters of the United States is one of EPA’s National Enforcement Initiatives for 2011-2013.The initiative focuses on large and medium sized CAFOs that are discharging pollution without or in violation of a permit.

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

More information: http://www.epa.gov/compliance/resources/cases/civil/cwa/sterlingsuffolk.html


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Petco Petroleum Corporation Fined for Violating the Clean Water Act

Press release:

Petco Petroleum Corporation Fined for Violating the Clean Water Act

(DALLAS – August 22, 2012) The Environmental Protection Agency has fined the Petco Petroleum Corporation of Hinsdale, Illinois, $3,650 for violating federal Spill Prevention, Control and Countermeasure (SPCC) regulations outlined under the Clean Water Act.

A March 31, 2012, EPA inspection of its Jemima Richard oil production facility located on Highway 33 in Drumright, Creek County, Oklahoma, revealed personnel working at the facility had no training on the operation and maintenance of equipment to prevent discharges, discharge procedure protocols, or training on applicable pollution control laws, rules and regulations. The inspection also found spill prevention briefings were not scheduled and conducted periodically, visual inspections of containers, foundation and supports were not conducted as required by SPCC regulations and above ground valves and pipelines were not examined on a scheduled basis for general condition.

As part of an Expedited Settlement Agreement with the EPA, the facility has provided certification that all identified deficiencies have been corrected.

SPCC regulations require onshore oil production or bulk storage facilities to provide oil spill prevention, preparedness and countermeasures to prevent oil discharges. The SPCC program helps protect our nation’s water quality since a spill of only one gallon of oil can contaminate one million gallons of water.

Additional information on SPCC regulations is available at: http://www.epa.gov/oilspill

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

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Breck Operating Corporation Fined for Violating the Clean Water Act

Press release:

Breck Operating Corporation Fined for Violating the Clean Water Act

(DALLAS – August 15, 2012) The Environmental Protection Agency has fined the Breck Operating Corporation of Breckenridge, Texas, $2,250 for violating federal Spill Prevention Control and Countermeasure (SPCC) regulations at two of its oil production facilities.

On June 7, 2012, an EPA inspection at the facilities found numerous violations including; inadequate or no description of drainage controls, no information and procedures for reporting a discharge and inadequate discussion of spill prevention procedures. The inspections also revealed the facilities had no facility diagram, no contingency plan and no written commitment of manpower, equipment and materials.

The facilities inspected and fined were:

G.H. Newsom oil production facility, Jack County, Texas, $1,125

J. H. Holden oil production facility, Jack County, Texas, $1,125

As part of an Expedited Settlement Agreement with the EPA, the corporation has provided certification that all identified deficiencies have been corrected.

SPCC regulations require onshore production and bulk storage facilities to provide oil spill prevention, control and countermeasures to prevent oil discharges. The SPCC program helps protect our nation’s water quality since a spill of one gallon of oil can contaminate one million gallons of water.

Additional information on SPCC regulations is available at: http://www.epa.gov/oilspill

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

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Icicle Seafoods settles clean air violations for leaks of ozone-depleting refrigerant

Press release:

Icicle Seafoods settles clean air violations for leaks of ozone-depleting refrigerant

Company agrees to repair leaks in vessels and processing facilities as part of settlement terms

Contact: Hanady Kader, EPA Public Affairs, 206-553-0454, kader.hanady@epa.gov

(Seattle—Aug. 10, 2012) Seattle-based Icicle Seafoods Inc. has agreed to resolve violations of the federal Clean Air Act resulting from leaks of an ozone-depleting refrigerant aboard its seafood vessels and in processing facilities, according to a consent decree lodged by the U.S. Department of Justice on behalf of the U.S. Environmental Protection Agency. The company has agreed to repair leaks in its vessels and facilities, make repairs at a lower leak rate and pay a penalty.

“There is a clear link between the deterioration of the ozone layer and the release of certain substances used for refrigeration,” said Ed Kowalski, Director of the Office of Compliance and Enforcement at EPA’s Seattle office. “Companies using these chemicals in the course of business must do so responsibly by repairing leaks and preventing releases into the atmosphere.”

The settlement concerns the improper release and management of R-22, an ozone-depleting refrigerant used on the company’s vessels and at its seafood processing facilities. The consent decree, which includes Icicle Seafoods Inc. and several of its subsidiaries, was lodged in the U.S. District Court for the Western District of Washington in Seattle.

According to the settlement, the company had a series of Clean Air Act violations between 2006 and 2008 associated with the refrigerant R-22. The violations include:

• Failure to repair refrigerant leaks in a timely manner
• Failure to ensure adequate repairs to refrigeration appliances before resuming operation
• Failure to possess a certified refrigerant recovery device for use when performing service on refrigeration appliances
•  Inadequate records of repair service on refrigeration appliances

R-22 is among a set of refrigerants being phased out of use due to their high ozone depletion potential under the Montreal Protocol on Substances that Deplete the Ozone Layer.

Stratospheric ozone depletion can cause increased ultraviolet radiation to reach the Earth and has been linked to skin cancer, cataracts and impaired immune systems. It can also damage crops and reduce crop yields. Some scientists suggest that marine phytoplankton, the base of the ocean food chain, may be under stress from ultraviolet radiation.

Icicle Seafoods Inc. is a seafood processing company that harvests and processes salmon, crab, Pollock, halibut, Pacific cod, Black cod and fish roe. The company has agreed to pay a $430,000 penalty.

The consent decree was signed by Icicle Seafoods Inc., Evening Star Inc., Icicle Acquisition Subsidiary ILLC and LFK, Inc. The consent decree is available for public comment.

For additional information on ozone and ozone depleting substances, visit: http://www.epa.gov/oar/oaqps/gooduphigh/good.html#1

Cox Operating, LLC, Fined for Violating the Clean Water Act

Press release:

Cox Operating, LLC, Fined for Violating the Clean Water Act

(DALLAS – August 10, 2012) The Environmental Protection Agency has fined Cox Operating, LLC, of New Orleans, Louisiana, $29,400 for violating federal Spill Prevention Control and Countermeasure (SPCC) regulations at two of its oil production facilities in Louisiana.

A January 24, 2012, inspection at the facilities found numerous violations including failure to conduct adequate self-inspections as required by SPCC regulations, failure to provide adequate documentation of SPCC training and failure to provide adequate secondary containment and oil collection equipment.

The oil production facilities inspected and fined were:

Chandler Sound Block 71 Facility, St. Bernard Parish, Louisiana, $20,300

Eloi Bay Central Facility, St. Bernard Parish, Louisiana, $9,100

SPCC regulations require onshore production and bulk storage facilities to provide oil spill prevention, control and countermeasures to prevent oil discharges. The SPCC program helps protect our nation’s water quality since a spill of one gallon of oil can contaminate one million gallons of water.

Additional information on SPCC regulations is available at: http://www.epa.gov/oilspill

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

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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.

Martin Operating Partnership in Cameron Parish, Louisiana, Fined for Violating the Clean Water Act

Press release:

Martin Operating Partnership in Cameron Parish, Louisiana,

Fined for Violating the Clean Water Act

(DALLAS – August 2, 2012) The U.S. Environmental Protection Agency has fined Martin Operating Partnership in Cameron, Louisiana, $14,400 for violating federal Spill Prevention Control and Countermeasure (SPCC) regulations outlined under the Clean Water Act.

A February 28, 2012, federal inspection of the partnership’s Cameron 7 Terminal located in Cameron Parish, Louisiana, revealed the facility failed to properly manage retained stormwater from inside diked areas and failed to keep the diked area rainwater bypass valve in a closed and sealed position. The inspection also found the terminal’s SPCC plan failed to provide an adequate schedule for tank integrity testing, and the required facility diagram failed to list all oil tankage at the terminal.

SPCC regulations require onshore oil production and bulk storage facilities to provide oil spill prevention, control and countermeasures to prevent oil discharges. The SPCC program helps protect our nation’s water quality since a spill of only one gallon of oil can contaminate one million gallons of water.

Additional information on SPCC regulations is available at: http://www.epa.gov/oilspill

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

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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.

EPA Public Hearing on Wetland Fill Permit Application for County Road 595 in Marquette, Michigan

Press release:

For Immediate Release              No. 12-OPA 058

EPA Public Hearing on Wetland Fill Permit Application for County Road 595 in Marquette, Michigan

CHICAGO (July 30, 2012) – The U.S. Environmental Protection Agency will hold a public hearing on August 28th to take comments on the Marquette County Road Commission’s application for a wetland fill permit for the construction of County Road 595. EPA scheduled the hearing at the request of the Michigan Department of Environmental Quality.

The Road Commission has proposed a new 21.5-mile primary county road, running north-south between U.S. Highway 41 and County Road Triple A, through Champion, Ely, Humbolt and Michigamme Townships. According to the application, construction would affect 25.81 acres of wetlands and would require the building of 22 stream crossings.

MDEQ has the authority to issue permits for projects under Section 404 of the Clean Water Act for wetlands, lakes and streams. EPA’s role is to ensure that proposed projects comply with federal guidelines. At the hearing, EPA will take comments on two issues: (1) whether there are practical, alternate routes for the road which would have less impact on aquatic resources; and (2) proposals to mitigate damage to wetlands and streams.

Oral and written comments will be taken at the public hearing. EPA will hold an informational question-and-answer session immediately before the public hearing -- at 6 p.m. on Aug. 28. The public hearing begins at 7 p.m. Both will be held at Northern Michigan University, Don H. Bottums University Center, Ontario/Michigan/Huron Rooms, 1401 Presque Isle Ave., Marquette.

The public comment period started on July 27 and concludes on Sept. 4, 2012. Comments should be addressed to Melanie Haveman, U.S. EPA (WW-16J), 77 W. Jackson Blvd., Chicago, IL 60604-3590 or r5_cr595_comments@epa.gov. For questions or additional information, call EPA toll-free at 800-621-8431, 9:30 a.m. to 5:30 p.m.,week days. Related documents and information about the public hearing are available on EPA’s website at www.epa.gov/region5/water/cr595.

The official records are also available at the Ishpeming Carnegie Public Library, 317 N. Main St., Ishpeming.

EPA Awards Over $11 Million to the Oklahoma Water Resources Board to Support the Clean Water State Revolving Fund Program

Press release:

EPA Awards Over $11 Million to the Oklahoma Water Resources Board to Support

the Clean Water State Revolving Fund Program

 (DALLAS – July 27, 2012) The Environmental Protection Agency has awarded $11,419,000 to the Oklahoma Water Resources Board to support the Clean Water State Revolving Fund program. The funds will be used by the state of Oklahoma to provide loans and other types of financial assistance to local communities and intermunicipal and interstate agencies for wastewater improvements. The loans will be used to improve water quality in streams, lakes and rivers benefiting aquatic life, drinking water sources and eliminating diseases caused by raw sewage discharges.

 The Clean Water State Revolving Fund program is authorized by the federal Clean Water Act to provide an innovative method of financing a range of environmental projects. Under the program, the EPA provides grants to all 50 states and Puerto Rico to capitalize state loan funds. The states, in turn, make loans to communities, individuals and others for high-priority water quality activities. As money is paid back into the revolving fund, new loans are made to other recipients to maintain water quality.

 Additional Information on EPA grants is available at http://www.epa.gov/region6/gandf/index.htm

 More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

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