Shipbuilder and Ship Engine Manufacturer Agree to Pay Civil Penalty and Perform Environmental Project to Resolve Clean Air Act Violations

FOR IMMEDIATE RELEASE
March 28, 2012

Shipbuilder and Ship Engine Manufacturer Agree to Pay Civil Penalty and Perform Environmental Project to Resolve Clean Air Act Violations

First enforcement action under marine diesel engine air rules

WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that Coltec Industries Inc., (Coltec) and National Steel and Shipbuilding Company (NASSCO) have agreed to pay a civil penalty of $280,000 and spend approximately $500,000 on an environmental project to resolve alleged violations of the Clean Air Act (CAA) and EPA’s marine diesel engine air rules. The project will significantly reduce nitrogen oxide emissions from a testing stack at Coltec’s Beloit, Wis., engine manufacturing facility, improving air quality for residents. Coltec and NASSCO also agreed to attach the required EPA engine labels to 40 ship engines that were previously unlabeled or improperly labeled.
“EPA is committed to enforcing the Clean Air Act’s standards for engines, including ship engines,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “By ensuring that engines meet requirements and encouraging environmental projects that benefit nearby communities, we are making the air cleaner and healthier for the residents of southern Wisconsin.”
“This is the first time a settlement addresses Clean Air Act violations in the marine engine manufacturing and ship building industries. Under the settlement, Coltec and NASSCO will pay a just penalty and achieve compliance with the nation’s Clean Air Act and EPA’s emissions control regulations,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division. “Compliance with the Clean Air Act by all industries is essential to preventing harmful pollutants from being released into the environment, whether on land or at sea.”
The CAA prohibits marine diesel engines from being sold in the U.S. unless the engines are covered by a certificate of conformity and have an EPA label indicating that the engine meets applicable emission standards. Engines that are not certified may be operating without proper emissions controls and emitting excess carbon monoxide and nitrogen oxides. These excess emissions can cause respiratory illnesses, aggravate asthma and contribute to the formation of ground level ozone or smog.
On Sep. 30, 2010, the United States filed a complaint which alleged that Coltec violated the CAA by manufacturing and selling 32 marine diesel engines that were not covered by an EPA-issued certificate of conformity and that NASSCO violated the CAA by installing those engines in ships that NASSCO built and sold to the U.S. Navy. The complaint also alleged that the 32 uncertified Coltec engines, plus eight more certified engines Coltec sold to NASSCO, had missing or improper emissions compliance labels required by EPA’s regulations. Finally, the complaint alleged that NASSCO further violated the CAA by manufacturing and selling ships containing an additional six uncertified engines.
The settlement also includes a supplemental environmental project in which Coltec and NASSCO will install a nitrogen oxide (NO_x) control system to an engine test stand exhaust stack connected to Coltec’s Beloit, Wis., engine manufacturing facility. The engine test stand is used for testing large marine diesel engines that are manufactured and sold by Coltec for use in U.S. Navy ships. The NO_x controls required by the settlement are estimated to reduce levels of NO_x by at least 85 percent, from approximately 102 pounds emitted per hour to approximately 16 pounds per hour. The estimated cost to implement the project is $500,000 and will benefit the city of Beloit, Wis., by improving air quality near the facility, particularly in the adjacent Merrill neighborhood.
Coltec is a subsidiary of EnPro Industries Inc. and operates Fairbanks Morse Engine (FME), which supplies marine propulsion and ship service systems to the U.S. Navy and U.S. Coast Guard.
NASSCO is a subsidiary of General Dynamics. NASSCO designs and builds support ships, oil tankers, and dry cargo carriers for the U.S. Navy and commercial markets.

The consent decree, lodged in the U.S. District Court for the District of Columbia, is subject to a 30-day public comment period and court approval.
More information on the settlement: http://www.epa.gov/compliance/resources/cases/civil/caa/coltec.html

Comment Period Extended; West Butte Wind Project

News release from the U.S. Fish & Wildlife Service:

Comment Period Extended on Permit Request For West Butte Wind Project

The deadline is being extended for people to comment on a draft Environmental Assessment (EA) of a request from West Butte Wind Power, LLC, for a permit that would allow for the “take” of golden eagles at the company’s proposed wind project in central Oregon, the U.S. Fish and Wildlife Service announced today.

Notice of the extension to February 17, 2012, published in today’s Federal Register. The previous deadline was February 2, 2012.

“Take” means to kill, harass or disturb the birds, their nests or their eggs. The Service will consider take permits when commitments are made for conservation measures that benefit eagle populations.

This is the first application the Service has received from a proposed wind project for a take permit under the Bald and Golden Eagle Protection Act (BGEPA). Regulations adopted in 2009 enabled the agency to authorize, for the first time, take of eagles for activities that are otherwise lawful but that result in either disturbance or mortality.  Since then, guidelines for issuing the permits to wind projects have been developed.  Permits are only issuable under circumstances that ultimately guarantee the conservation of eagle populations.

“The new deadline will give people additional time to submit comments,” said Chris McKay, Assistant Regional Director for Migratory Birds and State Programs in the Service’s Pacific Region. The agency decided to extend the deadline after receiving several requests to do so.

The West Butte permit, if issued, would allow the take of up to three golden eagles over a period of five years as long as the company fulfills its conservation commitments. In cooperation with the Service, the company developed an avian and bat conservation plan and an eagle conservation plan that describe actions that have been taken to initially avoid and minimize and then mitigate for any remaining adverse effects to eagles. If the permit is granted, there must be no net loss to breeding populations of golden eagles. The proposed wind project, consisting of up to 52 turbines about 30 miles east of Bend, is in an area of low use by golden eagles.

West Butte Wind Power’s eagle conservation plan outlines advanced conservation practices and measures to avoid and minimize impacts, assesses risk, makes commitments for mitigating eagle mortalities, and makes commitments for monitoring bird mortality after the project is built. If the permit is granted, these conservation commitments would become conditions of the permit.

The Service would review the permit every five years to ensure the project was complying with the conditions.

The full text of the draft EA can be downloaded at http://www.fws.gov/pacific/migratorybirds/nepa.html.

Comments can be submitted by:

• Email: pacific_birds@fws.gov. Include “DEA for the West Butte Wind Project” in the subject line of the message.
• U.S. Mail: Please address written comments to Michael Green, Acting Chief, Division of Migratory Birds and Habitat Programs, Pacific Region, U.S. Fish and Wildlife Service, 911 NE 11^th Ave, Portland, OR 97232. Attn.: DEA for the West Butte Wind Project.
• Fax: Michael Green, Acting Chief, Division of Migratory Birds and Habitat Programs, 503-231-2019, Attn.: DEA for the West Butte Wind Project.