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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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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EPA Sponsors Free Integrated Pest Management (Pest Control) Training for Multi-family Housing to be held September 12 in Philadelphia, Pa.

Press release:

EPA Sponsors Free Integrated Pest Management (Pest Control) Training for Multi-family Housing to be held September 12 in Philadelphia, Pa.

PHILADELPHIA (Aug. 13, 2012) - - Attention multi-family property owners, property managers and maintenance staff, pest control operators and residents.

The free Integrated Pest Management training for multi-family housing is a one-day training course that is sponsored and taught by the National Center for Healthy Housing and supported by EPA's Office of Children's Health Protection.

The training will be held on Tuesday, Sept. 12 at the U.S. Environmental Protection Agency's Mid-Atlantic Region office located at 1650 Arch St., Philadelphia, Pa.

The course will cover:

• ·         Using the least toxic and most effective measures for pest control
• ·         How to manage pests within a housing community using strategies that pose no risk or minimum risk of pesticide exposure to vulnerable, sensitive, and disabled populations, including infants and children, the elderly, pregnant women, and people with chemical sensitivities.
• ·         The major health risks posed by common pests, including the connection between asthma, cockroach, and mouse allergens.
• ·         The biology, behavior, and at least two least-toxic control measures for each of the pests covered in the training.
• ·         Contacts and solutions when pest control problems develop.

Integrated pest management is an approach to pest control that is superior to conventional extermination and monthly spraying strategies. It emphasizes eliminating nesting places as well as sources of food and water for the pests and banishing the pests from the property. It uses the safest pesticide in the safest manner only when necessary. Studies by Purdue University and Virginia Tech show that this approach is more effective, and when the pests are under control, is cost effective. Programs at Boston Housing Authority, Cuyahoga Metropolitan Housing Authority and in Salinas, California highlight the promise of IPM.

The class is scheduled from 8:30 a.m. to 4:30 p.m.

You must pre-register for the training because of building security. No walk-ins will be allowed into the building. And a photo ID is required.

To register, please go to:

http://www.nchh.org/Training/HealthyHomesTrainingCenter/TrainingPartners/PennState.aspx

For more information, contact Dion Lerman at dlerman@psu.edu or 215-264-0582.

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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Maine Company Faces Penalty for Violations of Oil Pollution Prevention Regulations

News Release
U.S. Environmental Protection Agency
New England Office         
August  2, 2012

Contact Information: Dave Deegan, (617) 918-1017

Maine Company Faces Penalty for Violations of Oil Pollution Prevention Regulations

(Boston, Mass. – August 2, 2012) A Maine company that provides motor vehicle services and fuel oil sales is facing a fine of up to $177,500 for violations of the Clean Water Act. 

 EPA recently filed a complaint against the J&S Oil Co., Inc. for failing to maintain and fully implement an oil spill prevention plan, which contributed to the release of approximately 1,500 gallons of used motor oil from a tanker truck at the facility.

The oil release in March 2012 prompted an emergency response from the Maine Department of Environmental Protection and EPA.  The company also hired an oil spill response company to contain the spilled oil and dispose of contaminated soils. 

EPA determined that the company had failed to fully maintain and implement it Spill Prevention, Control and Countermeasure (SPCC) plan, as required by the Clean Water Act. SPCC plans specify spill prevention measures at facilities that store oil above threshold amounts and help ensure that a tank failure or oil spill does not lead to oil reaching bodies of water.  In its complaint EPA alleges that the company failed to provide for adequate secondary containment for some of the facility’s above-ground storage tanks and the tanker trucks parked at the facility; failed to provide secondary containment for the loading/unloading rack; failed to maintain adequate training records of oil-handling personnel in the operation and maintenance of equipment to prevent discharges; and, failed to provide adequate security for the facility.

For more information on federal oil spill prevention requirements:

            http://www.epa.gov/ne/superfund/er/oilstor.htm

            http://www.epa.gov/oilspill

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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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EPA Fines Violators for Failure to Report Chemical Data

FOR IMMEDIATE RELEASE
July 23, 2012

EPA Fines Violators for Failure to Report Chemical Data

WASHINGTON – The U.S. Environmental Protection Agency (EPA) has issued complaints seeking civil penalties against three companies for alleged violations of the reporting and recordkeeping requirements under the Toxic Substances Control Act (TSCA). The alleged violations involved the companies’ failure to comply with EPA’s TSCA section 8 Inventory Update Reporting (IUR) regulations, which require companies to submit accurate data about the production and use of chemical substances manufactured or imported during a calendar year. Under TSCA, penalties can be assessed up to $37,500 per day, per violation.

Formerly known as the IUR, the TSCA Chemical Data Reporting Rule requires the collection of information about existing chemicals on the market by requiring periodic reports about the production and use of chemicals to help understand the risks they may pose to human health and the environment. The data collected by EPA is the most comprehensive source of information for chemicals currently in commerce in the U.S.

The reporting deadline for the 2006 IUR rule ended in March of 2007. EPA’s enforcement efforts have led to 43 civil enforcement actions and approximately $2.3 million dollars in civil penalties against companies that failed to report required chemical data information. The reporting deadline for the 2012 submission period of the Chemical Data Reporting Rule is August 13, 2012.

The three most recent cases are against Chemtura Corporation, Bethlehem Apparatus Company, and Haldor Topsoe, Inc., and resulted in penalties totaling $362,113.

The Chemtura Corporation is headquartered in Philadelphia, Pa. and has a facility located in El Dorado, Arizona. In a May 31, 2012 complaint, EPA alleged that the facility failed to report two chemicals pursuant to the 2006 IUR rule and assessed a penalty of $55,901. The company corrected the violations, paid the penalty and a final order was issued by the Environmental Appeals Board (EAB) on June 25, 2012.

During an inspection of the Bethlehem Apparatus Company, located in Hellertown, Pa., EPA found that the facility was in violation of the 2006 IUR Rule for one chemical substance. EPA also determined during the inspection that the company had failed to comply with the export notification requirements as required under TSCA section 12(b) and the import certification requirements as required under TSCA section 13 on a number of occasions for the same chemical substance. The company corrected the violations and paid a $103,433 penalty proposed in a May 31, 2012 complaint.

Haldor Topsoe, Inc., headquartered in Houston, Texas, is subject to a TSCA complaint that was filed on June 20, 2012. The complaint alleged that that the company had violated the 2006 IUR rule for 13 chemical substances. The complaint assessed a proposed penalty of $202,779, which the company paid on July 2, 2012.

More information about the settlements and EPA’s TSCA enforcement program: 

http://www.epa.gov/compliance/resources/civil/tsca/tscaiur.html

More information about TSCA reporting requirements: http://www.epa.gov/iur/

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EPA Awards $78,000 to the Seneca-Cayuga Tribe to Support Its Water Quality Program

Press release:

EPA Awards $78,000 to the Seneca-Cayuga Tribe

to Support Its Water Quality Program

(DALLAS – July 19, 2012) The Environmental Protection Agency has awarded the Seneca-Cayuga Tribe of Oklahoma $78,000 to provide continued support for the tribe’s water pollution control program. The funds will be used to take water samples on tribal lands and compile data which may show changes over time to determine if a more thorough watershed management program is needed. Sampling data will determine whether water quality standards are being met, note any changes in the quality or condition of the tribe’s water and provide planning tools to improve the function and health of stream ecosystems.

The mission of the EPA is to protect public health and the environment. The EPA supports our nations’ tribes in all aspects of the work needed to improve the water quality of tribal land watersheds. This cooperative spirit supports work to protect water quality that ensures the health of watersheds that cross state and tribal boundaries.

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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US Liquids of Louisiana, LP, Fined for Violating the Clean Water Act

US Liquids of Louisiana, LP, Fined for Violating the Clean Water Act

(DALLAS – July 17, 2012) The Environmental Protection Agency has fined US Liquids of Louisiana, LP, of Jennings, Louisiana, $13,552 for violating Spill Prevention, Control and Countermeasure (SPCC) regulations outlined under the Clean Water Act.

A federal inspection of the company’s Bateman Island marine terminal in St. Mary Parish revealed the terminal’s SPCC plan failed to provide a prediction of equipment failures that could result in discharges, personnel working at the facility had no training on the operation and maintenance of equipment to prevent discharges, and facility inspections had not been conducted.

The company also failed to schedule periodic spill prevention briefings, address secondary containment of truck loading, unloading and transfer areas, and to regularly inspect above-ground valves, piping and joints.

SPCC regulations require onshore production or bulk storage facilities to provide oil spill prevention, preparedness and response 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.

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

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EPA Awards Over $175,000 to the New Mexico Energy, Minerals and Natural Resources Department to Operate its Underground Injection Control Program

Press release:

EPA Awards Over $175,000 to the New Mexico Energy, Minerals and Natural Resources Department to Operate its Underground Injection Control Program

(DALLAS – July 12, 2012) The Environmental Protection Agency has awarded $175,738 to the New Mexico Energy, Minerals and Natural Resources Department to operate and implement their Underground Injection Control (UIC) program. The funds will be used by the Departments’ Oil Conservation Division, which regulates oil, gas and geothermal activity in New Mexico, to ensure that Class II injection wells are constructed and operated to prevent contamination of underground sources of drinking water. The grant funds will also be used to review regulations, develop program plans, inventory injection well facilities, identify aquifers and conduct enforcement activities, surveillance and investigations.

The mission of the EPA is to protect public health. This ensures American citizens have safe sources of drinking water through a cooperative effort between the EPA, state and tribal governments. The UIC program works toward protecting underground sources of drinking water from contamination by regulating the construction and operation of injection wells.

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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EPA Awards $175,000 to the Cherokee Nation to Support Its Water Quality Program

Press release:

EPA Awards $175,000 to the Cherokee Nation

to Support Its Water Quality Program

(DALLAS – July 11, 2012) The Environmental Protection Agency has awarded the Cherokee Nation of Oklahoma $175,000 to provide continued support for the Tribe’s water pollution control program. The funds will be used to take water samples to assess surface water quality on Tribal lands and compile data which may show changes over time and to determine if a more thorough watershed management program is needed. Sampling data will determine whether water quality standards are being met, note any changes in the quality or condition of the Cherokee Nation’s water and provide planning tools to improve the function and health of stream ecosystems.

The mission of the EPA is to protect public health. The EPA supports our nations’ tribes in all aspects of the work needed to improve the water quality of tribal land watersheds. This cooperative spirit supports work to protect water quality that ensures the health of watersheds that cross state and tribal boundaries.

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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EPA Region 7 Tribal Program Awards Grants to Prairie Band Potawatomi Nation for Water Pollution Control, General Assistance

News release:

U.S. Environmental Protection Agency, Region 7

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

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

EPA Region 7 Tribal Program Awards Grants to Prairie Band Potawatomi Nation for Water Pollution Control, General Assistance

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

Environmental News

FOR IMMEDIATE RELEASE

(Kansas City, Kan., July 9, 2012) - EPA Region 7’s Office of Tribal Affairs has awarded two grants to the Prairie Band Potawatomi Nation to support water pollution control efforts and provide general assistance to the tribe’s environmental protection programs.

The Prairie Band Potawatomi Nation, headquartered near Mayetta, Kan., occupies approximately 77,400 acres of reservation land in Jackson County in north central Kansas. The tribe has more than 4,700 members, more than 700 of whom reside on the reservation.

A $12,173 grant will allow the tribe to continue to build capacity for comprehensive planning and environmental protection programs to protect the quality of the environment within the reservation. Funding will administer an environmental office, develop water programs to reduce pollution sources, build capacity for solid waste management, and assist with community outreach and environmental education.

A $3,500 grant will allow the tribe to continue to conduct surface and groundwater monitoring on the reservation to determine whether the water is impaired or unsafe for human contact. The grant will also fund a quality assurance project plan and assessment report; revisions to the monitoring strategy as needed; water quality training; and outreach activities to provide tribal members with information about water quality.

EPA provides financial assistance to states and tribes to help them implement environmental programs. States and tribes may receive these funds in individual environmental program categorical grants, or choose to combine grants in a performance partnership grant.

The Prairie Band Potawatomi Nation is one of nine federally recognized tribes within EPA Region 7.

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EPA to hold two public hearings on proposed pollution controls at Reid Gardner Generating Station

For Immediate Release: April 30, 2012

Media Contact: Margot Perez-Sullivan, perezsullivan.margot@epa.gov

EPA to hold two public hearings on proposed pollution controls at Reid Gardner Generating Station

SAN FRANCISCO—The EPA recently proposed to limit nitrogen oxide (NO_x) emissions at Reid Gardner Generating Station in Moapa Valley, Nevada, as part of a national effort to reduce regional haze that impairs visibility at protected national parks and wilderness areas. The proposal published on April 12, 2012 would establish lower limits for NO_x emissions under Federal and state plans that require the facility to install Best Available Retrofit Technology to control these emissions.

On Thursday, May 3, 2012 the EPA will host two separate public hearings as well as informational sessions in advance of the public hearings. The first hearing is at the Big Auditorium in the Administration Building of Moapa Band of Paiutes on 1 Lincoln Street in Moapa from 1:00 pm to 4:00 pm, with an informational session from 11:30 am to 12:30 pm. The second hearing is at the Ron Dalley Theater of Moapa Valley Empowerment High School on 2400 St. Joseph Street in Overton from 6:30 to 8:30 pm, with an informational session from 5:00 to 6:00 pm.

Any person may provide written comments, oral comments and/or data pertaining to the proposal at either the public hearings or directly to EPA on or before June 4, the close of the public comment period. The Agency intends to respond to comments and take final action no later than July 13.

The proposed actions are designed to reduce the fine particle air pollution that results in visibility impairment, known as regional haze. This haze obscures the view of scenery and objects at a distance, reducing the beauty of our protected natural areas.

Congress set the goal of the “prevention of any future, and the remedying of any existing, impairment of visibility in mandatory Class I Federal areas which impairment results from manmade air pollution.” These Class I areas include 156 national parks and wilderness areas such as the Grand Canyon National Park. Under EPA’s Regional Haze Rule, the states are required to establish long-term strategies for making reasonable progress toward achieving natural visibility in Class 1 areas.

For more information, visit: http://www.epa.gov/region9/air/actions/nv.html

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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 

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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.

# # #

Dry Sorbent Injection

From the Energy Information Agency:


March 16, 2012

Dry sorbent injection may serve as a key pollution control technology at power plants

Source: U.S. Energy Information Administration.

---

Dry sorbent injection (DSI) is a pollution control technology that may play a role in the United States' electric power sector's compliance with the Mercury and Air Toxics Standards (MATS). The Environmental Protection Agency (EPA) finalized the MATS rule in December 2011. The MATS rule requires that all U.S. coal- and oil-fired power plants greater than 25 megawatts meet emission limits consistent with the average performance of the top 12% of existing units —known as the maximum achievable control technology (MACT). The rule applies to three pollutants: mercury (Hg), hydrochloric acid (HCl), and filterable particulate matter (fPM) and has a compliance deadline in 2015 (with opportunities for additional compliance time depending upon case-by-case circumstances). While DSI systems do not control for mercury, they can, when combined with a particulate control filter, meet this standard for two of the three controlled pollutants.
DSI systems remove hydrogen chloride (HCl) and other acid gases through two basic steps.

• Step one. A powdered sorbent is injected into the flue gas—combustion exhaust gas exiting a power plant—where it reacts with the HCl. The sorbents most commonly associated with DSI are trona (sodium sesquicarbonate, a naturally occurring mineral mined in Wyoming), sodium bicarbonate, and hydrated lime.
• Step two. The compound is removed by a downstream particulate matter control device such as an electrostatic precipitator (ESP) or a fabric filter (FF), also referred to as a baghouse. Fabric filters are generally more effective (when combined with DSI) than ESPs, with respect to overall HCl reduction. For modeling purposes, EPA estimates a DSI system with a fabric filter is expected to achieve 90% removal of HCl, while an ESP only achieves 60% removal, although actual performance will vary by individual plant.

DSI and flue gas desulfurization (FGD) scrubbers (both wet and dry scrubbers) are the technologies that will allow plants to meet the MATS for HCl and other acid gases. As of 2010, 54% of U.S. electric generating capacity already have FGDs installed. A number of the remaining, uncontrolled plants will need to determine the effectiveness of installing an FGD scrubber or a DSI system to comply with MATS. Economic and engineering tradeoffs exist between the two technologies. FGD systems are large capital projects that require a significant upfront investment, but have relatively lower operating costs. DSI systems generally do not require significant capital expenses, but may rely on significant quantities of sorbent to operate effectively, which increases the operating costs. Waste disposal for DSI may also be a significant variable cost, while the waste products from an FGD system can be sold as feedstock for industrial processes. In addition, DSI's potential effectiveness is limited to certain types of plants. Because of the amount of sorbent needed, DSI will likely be implemented most often at plants that are 300 megawatts or less and burn low-sulfur coal.

DSI systems can also significantly reduce sulfur dioxide (SO₂) emissions through the same process as HCl removal. While the MATS rule does not specifically address SO₂, it has similar qualities to HCl and other acid gases that enable it to respond similarly in a DSI system. SO₂ is also regulated under the Cross State Air Pollution Rule (CSAPR). Therefore, installing a DSI or FGD system to comply with MATS may also help plants meet or even exceed their CSAPR emission limits.

While compliance with the MATS rule was not assumed in the Annual Energy Outlook 2012 (AEO2012) Early Release, it will be assumed in the AEO2012 full Reference case (to be released in Spring 2012), and DSI will be included as a compliance option for coal power plants.

EPA Announces TSCA Work Plan Chemicals - Lynn Bergeson - Pollution Engineering

EPA Announces TSCA Work Plan Chemicals - Lynn Bergeson - Pollution Engineering

News Release from EPA - Kansas Refinery

FOR IMMEDIATE RELEASE
March 6, 2012
Kansas Refinery to Pay Nearly $1 Million Penalty for Environmental Violations Related to Air Emissions

WASHINGTON — The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that Coffeyville Resources Refining & Marketing (CRRM) has agreed to pay a civil penalty of more than $970,000 and invest more than $4.25 million on new pollution controls and $6.5 million in operating costs to resolve alleged violations of air, superfund and community right-to-know laws at its Coffeyville, Kan. refinery. The settlement will benefit the environment and human health by requiring new and upgraded pollution controls, more stringent emission limits, and more aggressive leak-detection and repair practices to reduce emissions from refinery equipment and process units. Sulfur dioxide (SO₂) and nitrogen oxide (NO_x), two pollutants emitted from refineries, can cause respiratory problems like asthma and are significant contributors to acid rain, smog and haze.
“The Clean Air Act is designed to protect people’s health from emissions of harmful pollutants,” said Cynthia Giles, assistant administrator of EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement will protect residents living near the facility and ensure that the necessary pollution controls are installed to protect the residents of southeastern Kansas in the future.”
“This settlement puts CRRM on a level playing field with the more than 100 petroleum refineries that have agreed to implement aggressive pollution control measures, thereby reducing the threats posed by harmful emissions to area residents,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. “The agreement reaffirms our commitment to ensure that the petroleum refining industry complies with the nation’s Clean Air Act.”

The settlement resolves alleged violations of the Clean Air Act (CAA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and Emergency Planning and Community Right-to-Know Act (EPCRA). Coffeyville allegedly made modifications to its refinery that increased emissions without first obtaining pre-construction permits and installing required pollution control equipment. The CAA 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 settlement also resolves violations in which CRRM failed to timely notify state and local emergency responders of releases of hydrogen sulfide and sulfur dioxide from the refinery, as required by the CERCLA and EPCRA.

Once fully implemented, the pollution controls required by the settlement will annually reduce an estimated 200 tons of NOx emissions and more than 110 tons of SO₂ emissions. The settlement will also reduce emissions of volatile organic compounds, particulate matter, carbon monoxide and other pollutants that affect air quality. CRRM has also agreed to perform a voluntary environmental project at the refinery valued at more than $1.2 million. The project will benefit the environment and surrounding communities by reducing emissions of volatile organic compounds and hydrogen sulfide, reducing the frequency of future acid gas flaring incidents, and conserve 15 million gallons of water each year that would previously have come from the Verdigris River.
The settlement with CRRM is the 30th 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 settlements. The first of EPA’s settlements was reached in 2000, and with today’s settlement, 107 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 more than 360,000 tons per year. 
CRRM’s refinery has the capacity to refine more than 115,000 barrels of crude oil per day, producing gasoline, diesel fuels, and propane. 
The State of Kansas has joined in the settlement and will receive a portion of the civil penalty.

The consent decree, lodged in the U.S. District Court for the District of Kansas, is subject to a 30-day public comment period and court approval.
More information on the CRRM settlement:
http://www.epa.gov/compliance/resources/cases/civil/caa/coffeyville.html
More information on other petroleum refinery settlements:
http://www.epa.gov/compliance/resources/cases/civil/caa/oil/index.html

Public Meeting on Floyds Fork Pollution Control Plan

News release from EPA Region 4:

EPA to Host Third Public Meeting on Floyds Fork Pollution Control Plan

Contact Information: EPA, Davina Marraccini, (404) 562-8293, marraccini.davina@epa.gov

KDOW, Allison Fleck (502) 564-3410, Allison.Fleck@ky.gov

(Atlanta, Ga. – Feb. 17, 2011) – On Tuesday, Feb.21, the U.S. Environmental Protection Agency (EPA) Region 4 will conduct a public meeting to obtain comments from stakeholders on the work completed thus far on the Total Maximum Daily Load (TMDL) for the Floyds Fork watershed in north-central Kentucky. This meeting is a follow-up to the well-attended TMDL development meetings held in Louisville in August and November.

The meeting will be held from 7 to 9 p.m. (EDT) in the Eastern High School auditorium. The school is located in the Middletown community of Louisville at 12400 Old Shelbyville Road.

At the Feb. 21 meeting, EPA Region 4 will present the completed land use and stormwater runoff model for the watershed and describe how the water quality model will be developed. The agency is seeking public feedback on the completed watershed model and the development of the water quality model.

Total Maximum Daily Load is a term used to describe the amount of pollution a stream can receive and still meet water quality standards. Water quality standards are regulations based on federal or state law that set numeric or narrative limits on pollutants. TMDLs are required for water bodies that are determined to be impaired. Floyds Fork fails to meet state standards for recreation and aquatic life.

EPA Region 4 awarded a contract to Tetra Tech consulting firm for the development of a water quality model for the entire Floyds Fork Watershed to the confluence with the Salt River to address nutrient pollution. Technical assistance is being provided by the Kentucky Division of Water.

Members of the public who wish to obtain additional information regarding this public meeting may e-mail floydsfork@epa.gov. Inquiries regarding EPA's approach to developing the Floyds Fork TMDL should be directed to Tim Wool, EPA Region 4, at wool.tim@epa.gov or 404-562-9260.

Additional information about this meeting can be found online at: http://www.epa.gov/region4/water/tmdl/