EPA Issues Amendment to Record of Decision for the 10th Street Superfund Site in Columbus, Neb.

EPA Press Release:

U.S. Environmental Protection Agency, Region 7

11201 Renner Boulevard, Lenexa, KS 66219

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

EPA Issues Amendment to Record of Decision for the 10^th Street Superfund Site in Columbus, Neb.

Contact Information: Ben Washburn, 913-551-7364, washburn.ben@epa.gov

Environmental News 

FOR IMMEDIATE RELEASE

(Lenexa, Kan., Jan. 4, 2013) - EPA Region 7 has issued an amendment to the Record of Decision (ROD) for the 10^th Street Superfund Site in Columbus, Neb. EPA signed the ROD for the site in February 1995 to address groundwater contamination. The selected remedy for the 1995 ROD was sampling of municipal and monitoring wells and institutional controls to limit exposure to contamination from the site.

Site activities in 2000 and 2001 led to a final ROD issued in 2005. The final ROD selected the following remedies:

• Continued operation of the Air Sparge/Soil Vapor Extraction and Groundwater Extraction and Treatment (GET) systems 
• In Situ Chemical Oxidation (ISCO) in the upgradient portion of the groundwater contaminant plume 
• Institutional controls in all three source areas

The new ROD Amendment changes the selected remedy for the soil and groundwater contamination at the 10^th Street Site. The selected amended remedy for the contaminated source area soils is building demolition, excavation of soil, and off-site disposal at all three source areas, the former One Hour Martinizing dry cleaner, the former Jackson Services, and the former Liberty Cleaners. The area of the excavated soil will be backfilled with non-contaminated soil.

The selected amended remedy to address contaminated groundwater at the former Jackson Services and former Liberty Cleaners source areas includes continued operation of the GET system and limited ISCO. The selected remedy for the contaminated groundwater at the former One Hour Martinizing dry cleaner is ISCO and/or biological remediation.

The contaminants of concern at the 10^th Street Superfund Site are tetrachloroethene (PCE) and tricloroethene (TCE). PCE and TCE are commonly used in dry cleaning operations and also as industrial degreasers. The site was added to the National Priorities List in August 1990.

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EPA Releases First Set of Draft Risk Assessments Under Existing Chemicals Work Plan Effort

EPA Press Release:

FOR IMMEDIATE RELEASE
January 4, 2012


EPA Releases First Set of Draft Risk Assessments Under Existing Chemicals Work Plan Effort

WASHINGTON – EPA today released for public comment draft risk assessments, for particular uses, on five chemicals found in common household products. The draft risk assessments were developed as part of the agency’s Toxic Substances Control Act (TSCA) Work Plan, which identified common chemicals for review over the coming years to assess any impacts on people’s health and the environment. Following public comment, the agency will seek an independent, scientific peer review of the assessments before beginning to finalize them in the fall of 2013.

“The draft risk assessments released today for public review and comment highlight the agency’s ongoing commitment to ensure the safety of chemicals we encounter in our daily lives,” said James J. Jones, acting assistant administrator of EPA’s Office of Chemical Safety and Pollution Prevention. “The public and scientific peer review will ensure use of the best science to evaluate any impacts of these substances on people’s health and the environment.”

The five assessments address the following chemical uses: methylene chloride or dichloromethane (DCM) and      n-methylpyrrolidone (NMP) in paint stripper products; trichloroethylene (TCE) as a degreaser and a spray-on protective coating; antimony trioxide (ATO) as a synergist in halogenated flame retardants; and 1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8,-hexamethylcyclopenta-[γ]-2-benzopyran (HHCB) as a fragrance ingredient in commercial and consumer products. The draft assessments focus either on human health or ecological hazards for specific uses which are subject to regulation under TSCA. Three of the draft risk assessments— DCM, NMP, and TCE— indicate a potential concern for human health under specific exposure scenarios for particular uses. The preliminary assessments for ATO and HHCB indicate a low concern for ecological health.

EPA recommends the public follow product label directions and take precautions that can reduce exposures, such as using the product outside or in an extremely well ventilated area and wearing protective equipment to reduce exposure. If EPA concludes in finalizing the risk assessments that there is a potential for concern, the agency will take action as appropriate to address possible risks.

The draft assessments were undertaken as part of EPA’s efforts to identify chemicals for review under the TSCA Work Plan, which EPA released in March 2012. At that time, EPA identified 83 chemicals as candidates for review over the coming years and outlined the data sources and other information the agency would use in the reviews. This initiative is part of EPA’s comprehensive approach to enhance the current chemicals management program within the limits of existing TSCA authorities. EPA continues to support updating TSCA to strengthen and modernize the law.

Additional information on the TSCA Work Plan effort and the specific draft risk assessments can be found at:  http://www.epa.gov/oppt/existingchemicals/pubs/workplans.html

U.S. Announces Clean Air Act Settlement with Wisconsin Utility

EPA Press Release:

FOR IMMEDIATE RELEASE
January 4, 2013

U.S. Announces Clean Air Act Settlement with Wisconsin Utility
Agreement will reduce emissions by 15,000 tons annually

WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced a settlement with Wisconsin Public Service (WPS) that requires WPS to invest approximately $300 million in pollution control technology, pay a civil penalty of $1.2 million, and spend $6 million on environmental mitigation projects to resolve violations of the Clean Air Act (CAA).

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

“This settlement will eliminate thousands of tons of harmful air pollution each year, thus improving air quality in Wisconsin and downwind areas,” said Ignacia S. Moreno, assistant attorney general for the Justice Department’s Environment and Natural Resources Division. “The agreement, which requires WPS to reduce emissions from both of its coal-fired power plants in Wisconsin, demonstrates the Justice Department’s continuing efforts, along with EPA, to bring large sources of air pollution into compliance with the Clean Air Act.”

The settlement, which covers the utility’s two power plants—the Pulliam plant in Green Bay, Wis. and the Weston plant in Rothschild, Wis.—requires WPS to install new pollution control technology on one of its largest units, to continuously operate the new and existing pollution controls, and to comply with stringent emission rates and annual tonnage limitations. The settlement also requires WPS to permanently retire, refuel or repower four additional coal-fired units at the Pulliam and Weston plants. The actions taken by WPS to comply with this settlement will result in annual reductions in sulfur dioxide (SO₂), nitrogen oxides (NO_x), and particulate matter emissions of approximately 15,000 tons from 2010 levels. This settlement covers all eight coal-fired boilers at WPS’s two power plants.

WPS will also spend $6 million on projects that will benefit the environment and human health in communities located near the WPS facilities. WPS must pay $250,000 each to the U.S. Forest Service and the National Park Service, to be used on projects to address the damage done from WPS’s alleged excess air emissions. Up to $4 million will be spent on a renewable energy resource enhancement project, up to $1.2 million on a wood stove change-out project, and up to $300,000 on a community digestor project. The remaining mitigation funding will be spent on either a compressed natural gas or hybrid fleet conversion project, or a solar panel installation project.

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

This is the 25th judicial settlement secured by the Justice Department and EPA as part of a national enforcement initiative to control harmful emissions from power plants under the Clean Air Act’s New Source Review requirements. The total combined sulfur dioxide and nitrogen oxides emission reductions secured from these settlements will exceed 2 million tons each year once all the required pollution controls have been installed and implemented.

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

More information about the settlement: http://www.epa.gov/enforcement/air/cases/wps.html

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


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APACHE FOUNDATION HONORED FOR RANCHING PRACTICES

Apache News Release:

APACHE FOUNDATION HONORED FOR RANCHING PRACTICES

Ucross Ranch receives 2012 Wyoming Excellence in Rangeland Management Award

HOUSTON (Jan. 4, 2013) – Apache Foundation, the philanthropic arm of Apache Corporation (NYSE, Nasdaq: APA), was recently selected as the 2012 Wyoming winner of the Excellence in Rangeland Management Award for its integrated livestock, wildlife, education and conservation programs at the Ucross Land Co.

The annual award was bestowed upon Apache Foundation by the Wyoming Section of the Society for Range Management. The award recognizes outstanding examples of rangeland management that result in long-term health and sustainability of the range resource while providing efficient production of livestock, wood products, water, wildlife, aesthetic values, recreation and other non-commodity values.

"We're very proud of this award in that it shares our vision of what conservation-minded ranching operations can accomplish," said Doug O'Neil, Apache's vice president of Wyoming operations. "Through these operations at Ucross Ranch, we hope to not only act as the best possible stewards of this rangeland, but to educate others as well."

In addition to this award, the ranch is automatically entered for a national award, which will be given during the International Annual Meeting of the Society for Range Management in Orlando, Fla., February 2014.

Ucross Ranch sits in northeast Wyoming near Sheridan in an area with a long history and tradition of rangeland-based agriculture. The ranch has experienced a common suite of challenges facing many operations in this part of the state – reclamation following energy development, invasive species, drought and change of ownership.

"A commitment to adaptively managing the resource base and to providing research and educational opportunities that have impacts well beyond the ranch's borders clearly demonstrate Apache Foundation's and the Bauers' excellence in rangeland management," said Ben Bonella, president of the Wyoming Section, SRM.

Apache Foundation has been managing the stewardship of natural resources since the late 1990s and its long-term commitment to conservation and active management of the rangeland resources have led to overall improvements to the ranch.

"To say that cooperation is key in this operation would be an understatement," said Nathan Lindsey, manager of conservation and stewardship for Apache Foundation – Wyoming. "Energy leases, grazing leases, hunting operations, fishing and educational programs all require attention – sometimes simultaneously, and coordination among these diverse interests toward an overarching goal of ecological sustainability is key to their success."

The Apache Foundation creatively implements many of the long-recognized standards of rangeland management. Extensive water developments over the past several years have increased flexibility of grazing and improved livestock distribution. Rotational multi-species grazing provides significant periods of recovery for desirable plants. Monitoring programs include data, not only on rangeland condition, but on wildlife populations, riparian condition, stream flow, erosion and soil stability, and other indicators of whole-ecosystem health.

The many ongoing programs at Ucross Ranch have resulted in significant improvement to the resource base. Grazing management is an integral component of its overall management strategy.

Barry and Shirley Bauer, owners of the Bauer Land & Livestock Co., lease grazing on the ranch incorporating both cattle and sheep to meet production and land-management goals. Sheep follow cattle in their rotation as part of an integrated management program for leafy spurge, a state-listed noxious weed. Cattle open the grass canopy before the sheep so leafy spurge is more readily found and consumed. After the sheep graze, the ranch uses leafy spurge flea beetles and spot herbicide treatments to further stress the perennial root reserves of spurge and other undesirable vegetation. Incentives for improved ecological condition are built into the grazing lease to provide a direct economic feedback for managing, with a goal to improve rangelands.

Apache Foundation is strongly committed to educational and research partnerships. Ucross Ranch is proud to be involved in the following programs:
 

• The University of Wyoming is currently conducting research into more effective reclamation techniques and has hosted several reclamation workshops on the ranch. 
• The Yale School of Forestry is evaluating reestablishment of woody vegetation for wildlife habitat.
• Kansas State University research is investigating relationships between rangeland management practices, upland erosion patterns and stream ecosystems. Their work in re-reading historic transects established by Luna Leopold and Bill Emmett in the 1960s may represent the longest-term and largest scale investigation of rangeland erosion and stream deposition in semi-arid systems.
• Sheridan College's rangeland management program uses the ranch for field trips to learn about rangeland assessment, monitoring and management.

Apache Foundation also hosts interns who gain hands-on experience in both the ecological and economic sides of ranching enterprises.

With its conservation-minded operations, Ucross Ranch's efforts have yielded drastic reductions in bare ground, erosion in draws and invasive weed populations, and resulted in an increase in forage productivity. The ranch is protected by a conservation easement with The Nature Conservancy, ensuring it will remain an intact agricultural operation into the future.

About Apache 
Apache Corporation is an oil and gas exploration and production company with operations in the United States, Canada, Egypt, the United Kingdom North Sea, Australia and Argentina. Apache posts announcements, operational updates, investor information and copies of all press releases on its website, www.apachecorp.com.

Transocean Agrees to Plead Guilty to Environmental Crime and Enter Civil Settlement to Resolve U.S. Clean Water Act Penalty Claims from Deepwater Horizon Incident

EPA Press Release:

FOR IMMEDIATE RELEASEJanuary 3, 2013


Transocean Agrees to Plead Guilty to Environmental Crime and Enter Civil Settlement to Resolve U.S. Clean Water Act Penalty Claims from Deepwater Horizon Incident

Transocean to pay record $1 billion in civil penalties and $400 million in criminal fines

WASHINGTON – Transocean Deepwater Inc. has agreed to plead guilty to violating the Clean Water Act (CWA) and to pay a total of $1.4 billion in civil and criminal fines and penalties, for its conduct in relation to the Deepwater Horizon disaster, the Department of Justice announced today. The criminal information, and a proposed partial civil consent decree to resolve the U.S. government’s civil penalty claims against Transocean Deepwater Inc. and related entities were filed today in U.S. District Court in the Eastern District of Louisiana.

Transocean Deepwater Inc. has signed a cooperation and guilty plea agreement with the government, also filed today, admitting its criminal conduct. As part of the plea agreement, Transocean Deepwater Inc. has agreed, subject to the court’s approval, to pay $400 million in criminal fines and penalties and to continue its on-going cooperation in the government’s criminal investigation. In addition, pursuant to the terms of a proposed partial civil consent decree also lodged with the court today, Transocean Ocean Holdings LLC, Transocean Offshore Deepwater Drilling Inc., Transocean Deepwater Inc. and Triton Asset Leasing GMBH have agreed to pay an additional $1 billion to resolve federal Clean Water Act civil penalty claims for the massive, three-month-long oil spill at the Macondo Well and the Transocean drilling rig Deepwater Horizon. Under the civil settlement, the Transocean defendants also must implement court-enforceable measures to improve the operational safety and emergency response capabilities at all their drilling rigs working in waters of the United States.

“This resolution of criminal allegations and civil claims against Transocean brings us one significant step closer to justice for the human, environmental and economic devastation wrought by the Deepwater Horizon disaster,” said Attorney General Eric Holder. “This agreement holds Transocean criminally accountable for its conduct and provides nearly a billion dollars in criminal and civil penalties for the benefit of the Gulf states.   I am particularly grateful today to the many Justice Department personnel and federal investigative agency partners for the hard work that led to today’s resolution and their continuing pursuit of justice for the people of the Gulf.”

“Today’s settlement and plea agreement is an important step toward holding Transocean and those responsible for the Deepwater Horizon disaster accountable,” said Cynthia Giles, assistant administrator for the U.S. Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance. “EPA will continue to work with DOJ and its federal partners to vigorously pursue the government’s claims against all responsible parties and ensure that we are taking every possible step to restore and protect the Gulf Coast ecosystem.”

“Today’s announced settlement will aid the Gulf region’s recovery from the Deepwater Horizon oil spill and require Transocean to take important steps that will help guard against such incidents happening in the future,” said Acting Associate Attorney General Tony West. “This resolution is the culmination of the tremendous efforts of many attorneys and staff in the Justice Department’s Criminal, Civil and Environment and Natural Resources Divisions – dedicated public servants whose hard work continues on behalf of the American people.”

“Transocean’s rig crew accepted the direction of BP well site leaders to proceed in the face of clear danger signs — at a tragic cost to many of them,” said Lanny A. Breuer, assistant attorney general for the Justice Department’s Criminal Division. “Transocean’s agreement to plead guilty to a federal crime, and to pay a total of $1.4 billion in criminal and civil penalties, appropriately reflects its role in the Deepwater Horizon disaster.”

“The development and exploration of a domestic source of energy is vitally important, and it can and must be done in a responsible and sound manner. This unprecedented settlement under the Clean Water Act demonstrates that companies will be held fully accountable for their conduct and share responsibility for compliance with the laws that protect the public and the environment from harm,” said Ignacia S. Moreno, assistant attorney general for the Justice Department's Environment and Natural Resources Division. “This settlement will provide immediate relief and benefits to the people of the five Gulf states, and requires Transocean to implement significant safety measures, as well as stringent auditing and monitoring to reduce the risk of any future disasters.”

According to court documents, on April 20, 2010, while stationed at the Macondo well site in the Gulf of Mexico, the Deepwater Horizon rig experienced an uncontrolled blowout and related explosions and fire, which resulted in the deaths of 11 rig workers and the largest oil spill in U.S. history. In agreeing to plead guilty, Transocean Deepwater Inc. has admitted that members of its crew onboard the Deepwater Horizon, acting at the direction of BP’s “Well Site Leaders” or “company men,” were negligent in failing fully to investigate clear indications that the Macondo well was not secure and that oil and gas were flowing into the well.

The criminal resolution is structured to directly benefit the Gulf region. Under the order presented to the court, $150 million of the $400 million criminal recovery is dedicated to acquiring, restoring, preserving and conserving – in consultation with appropriate state and other resource managers – the marine and coastal environments, ecosystems and bird and wildlife habitat in the Gulf of Mexico and bordering states harmed by the Deepwater Horizon oil spill. This portion of the criminal recovery will also be directed to significant barrier island restoration and/or river diversion off the coast of Louisiana to further benefit and improve coastal wetlands affected by the oil spill. An additional $150 million will be used to fund improved oil spill prevention and response efforts in the Gulf through research, development, education and training.

The civil settlement secures $1 billion in civil penalties for violations of the CWA, a record amount that significantly exceeds last year’s $70 million civil penalty paid by MOEX Offshore 2007 LLC, a 10 percent partner with BP in the Macondo well venture. The unprecedented $1 billion civil penalty is subject to the   Resources and Ecosystems Sustainability, Tourist Opportunities and Revived Economies of the Gulf Coast States Act of 2012 (Restore Act), which provides that 80 percent of the penalty will be to be used to fund projects in and for the Gulf states for the environmental and economic benefit of the region. This civil resolution reserves claims for natural resource damages and clean-up costs.

Under the civil settlement, the Transocean defendants must also observe various court-enforceable strictures in its drilling operations, aimed at reducing the chances of another blowout and discharge of oil and at improving emergency response capabilities. Examples of these requirements include certifications of maintenance and repair of blowout preventers before each new drilling job, consideration of process safety risks, and personnel training related to oil spills and responses to other emergencies. These measures apply to all rigs operated or owned by the Transocean defendants in all U.S. waters and will be in place for at least five years.

The guilty plea agreement and criminal charge announced today are part of the ongoing criminal investigation by the Deepwater Horizon Task Force into matters related to the April 2010 Gulf oil spill. The Deepwater Horizon Task Force, based in New Orleans, is supervised by Assistant Attorney General Breuer and led by Deputy Assistant Attorney General John D. Buretta, who serves as the director of the task force. The task force includes prosecutors from the Criminal Division and the Environment and Natural Resources Division of the Department of Justice; the U.S. Attorney’s Office for the Eastern District of Louisiana, as well as other U.S. Attorneys’ Offices; and investigating agents from the FBI, EPA, Department of the Interior, National Oceanic and Atmospheric Administration Office of Law Enforcement, U.S. Coast Guard, U.S. Fish and Wildlife Service and the Louisiana Department of Environmental Quality.

The civil resolution announced today is part of the ongoing litigation against defendants BP Exploration and Production Inc., the Transocean defendants, and Anadarko Petroleum Corporation (among others) for civil penalties, injunctive relief, and a declaration of unlimited liability for removal costs and damages under the Oil Pollution Act. The civil enforcement effort is supervised by Assistant Attorney General Moreno for the Environment and Natural Resources Division and Deputy Assistant Attorney General Brian Hauck of the Civil Division. Numerous federal agencies have contributed immeasurably to these enforcement and settlement efforts, including the EPA, the U.S. Coast Guard, the National Oceanic and Atmospheric Administration, the Department of the Interior and the Department of Agriculture.

The criminal case against Transocean is being prosecuted by Deepwater Horizon Task Force Deputy Directors Derek A. Cohen and Avi Gesser, and task force prosecutors Richard R. Pickens II, Scott M. Cullen, Colin Black and Rohan Virginkar. Numerous Environment Division and Civil Division lawyers are pursuing the civil enforcement action, led by Steve O’Rourke and R. Michael Underhill.

An information is merely a charge and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

The proposed civil settlement is subject to a public comment period and final court approval.

More information: http://www.epa.gov/enforcement/water/cases/transocean.html


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A New Way to Study Permafrost Soil, Above and Below Ground « Berkeley Lab News Center

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Kentucky Utilities to Spend Millions in Settlement to Resolve Clean Air Act Violations in Environmental Justice Community

EPA Press Release:

Kentucky Utilities to Spend Millions in Settlement to Resolve Clean Air Act Violations in Environmental Justice Community
CONTACT: Jason McDonald, 404-562-9203, mcdonald.jason@epa.gov

ATLANTA- The U.S. Environmental Protection Agency and the U.S. Department of Justice announce that Kentucky Utilities Company will spend $57 million to install a sulfuric acid mist emission control system, replace a coal-fired boiler, and pay a civil penalty of $300,000 to resolve alleged Clean Air Act violations (CAA) at the Ghent Station facility in Ghent, Kentucky.

The terms of the settlement requires Kentucky Utilities to adhere to more stringent and permanent emission limits and install a sulfuric acid mist pollution control system that will reduce sulfuric acid mist emissions by more than two-thirds (3.7 million lbs/year).  Kentucky Utilities will spend approximately $57 million dollars in injunctive relief to install the system and make other changes at the Ghent County facility.  These changes will reduce emissions of sulfuric acid mist in an area that ranks among the top 10% of environmental justice areas in the Commonwealth of Kentucky. 
  
"Reducing emissions of this pollutant is vital to protect the local environment and health of the residents of this community,” said Gwendolyn Keyes-Fleming, Regional Administrator for the EPA Southeast Office.  “Reaching this settlement demonstrates EPA Administrator Lisa P. Jackson’s commitment to expand the conversation on environmentalism and bring people together to discuss environmental concerns.

As part of the settlement, the Company has also agreed to spend $500,000 for an environmental mitigation project that will include the replacement of a coal-fired boiler with a geothermal heating and cooling system at an elementary school in the Kentucky Utilities service area.

The consent decree was lodged with the United States District Court for the Eastern District of Kentucky on December 20, 2012, and will be subject to a 30-day public comment period.

• kyutilities_pr.docx