EPA Region 7 Issues Notice of Violation to Grain Processing Corporation, Inc., of Muscatine, Iowa, for Clean Air Act Issues

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 Issues Notice of Violation to Grain Processing Corporation, Inc., of Muscatine, Iowa, for Clean Air Act Issues

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

Environmental News

FOR IMMEDIATE RELEASE

(Kansas City, Kan., March 27, 2012) - EPA has issued a notice of violation to Grain Processing Corporation, Inc. (GPC), alleging the company has violated the Iowa State Implementation Plan and the federal Clean Air Act for issues related to construction and operating permits issued for its facility at Muscatine, Iowa.

EPA Region 7 has coordinated with the State of Iowa on the notice of violation, which is separate from a civil lawsuit filed December 1, 2011, by the Iowa attorney general, which alleges that GPC's facility violated the state's air pollution laws.

GPC’s plant at 1600 Oregon Street in Muscatine processes corn into ethanol, corn sweeteners and beverage alcohol.

EPA’s notice of violation to GPC specifically alleges that between 2007 and 2011, its facility repeatedly violated limits on air emissions opacity that were set forth in the company’s 1995 amended construction permit and 2003 operating permit. The notice further alleges GPC failed to notify the Iowa Department of Natural Resources of the opacity exceedances, and failed to address the exceedances in its annual compliance certifications for the years 2007 through 2011.

EPA’s notice to GPC does not address penalties, but indicates the Agency will consider additional enforcement action, which could include penalties, to ensure the facility complies with applicable laws and regulations. The notice can be viewed online at www.epa.gov/region7/newsevents/legal.

The notice was accompanied by an official request for information, which seeks details of GPC’s compliance with the Facility Response Plan requirements and Spill Prevention and Countermeasures Control requirements of the federal Clean Water Act. Information provided by the company in response to EPA’s request will be used by the Agency in evaluating GPC’s compliance. GPC’s response to EPA’s information request is due within 15 days.

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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.

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EPA Proposes First Carbon Pollution Standard for Future Power Plants

FOR IMMEDIATE RELEASE:March 27, 2012
EPA Proposes First Carbon Pollution Standard for Future Power Plants
Achievable standard is in line with investments already being made and will inform the building of new plants moving forward
WASHINGTON – Following a 2007 Supreme Court ruling, the U.S. Environmental Protection Agency (EPA) today proposed the first Clean Air Act standard for carbon pollution from new power plants. EPA’s proposed standard reflects the ongoing trend in the power sector to build cleaner plants that take advantage of American-made technologies, including new, clean-burning, efficient natural gas generation, which is already the technology of choice for new and planned power plants. At the same time, the rule creates a path forward for new technologies to be deployed at future facilities that will allow companies to burn coal, while emitting less carbon pollution. The rulemaking proposed today only concerns new generating units that will be built in the future, and does not apply to existing units already operating or units that will start construction over the next 12 months.

“Today we’re taking a common-sense step to reduce pollution in our air, protect the planet for our children, and move us into a new era of American energy,” said EPA Administrator Lisa P. Jackson. “Right now there are no limits to the amount of carbon pollution that future power plants will be able to put into our skies – and the health and economic threats of a changing climate continue to grow. We’re putting in place a standard that relies on the use of clean, American made technology to tackle a challenge that we can’t leave to our kids and grandkids.”

Currently, there is no uniform national limit on the amount of carbon pollution new power plants can emit. As a direct result of the Supreme Court’s 2007 ruling, EPA in 2009 determined that greenhouse gas pollution threatens Americans’ health and welfare by leading to long lasting changes in our climate that can have a range of negative effects on human health and the environment.   

The proposed standard, which only applies to power plants built in the future, is flexible and would help minimize carbon pollution through the deployment of the same types of modern technologies and steps that power companies are already taking to build the next generation of power plants. EPA’s proposal is in line with these investments and will ensure that this progress toward a cleaner, safer and more modern power sector continues. The proposed standards can be met by a range of power facilities burning different fossil fuels, including natural gas technologies that are already widespread, as well as coal with technologies to reduce carbon emissions. Even without today’s action, the power plants that are currently projected to be built going forward would already comply with the standard. As a result, EPA does not project additional cost for industry to comply with this standard. 

Prior to developing this standard, EPA engaged in an extensive and open public process to gather the latest information to aid in developing a carbon pollution standard for new power plants. The agency is seeking additional comment and information, including public hearings, and will take that input fully into account as it completes the rulemaking process. EPA’s comment period will be open for 60 days following publication in the Federal Register.

More information: http://epa.gov/carbonpollutionstandard/
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Gulf of Mexico Oil Spill's Effects on Deep-Water Corals

Gulf of Mexico Oil Spill's Effects on Deep-Water Corals

03/26/2012 03:27 PM EDT

Scientists are reporting new evidence that the Deepwater Horizon oil spill has affected marine life in the Gulf of Mexico, this time species that live in dark ocean depths--deepwater corals.

The research used a range of underwater vehicles, including the submarine Alvin, to investigate the corals. The findings are published this week in the journal Proceedings of the National Academy of Sciences (PNAS).

The scientists used a method known as ...

More at http://www.nsf.gov/news/news_summ.jsp?cntn_id=123555&WT.mc_id=USNSF_51&WT.mc_ev=click
This is an NSF News item.

EPA agreement with oil production companies ensures safe drinking water for Poplar, Montana

EPA agreement with oil production companies ensures safe drinking water for Poplar, Montana

Agreement with Murphy, Pioneer and Samson requires continued groundwater monitoring and contingencies for treatment or alternate supply

(Denver, Colorado—March 26, 2012) The U.S. Environmental Protection Agency has reached an agreement with three oil production companies operating on the Fort Peck Reservation in Montana requiring the companies to address groundwater contamination threatening the City of Poplar’s public water supply system.

The agreement with Murphy Exploration & Production Co. (Murphy), Pioneer Natural Resources USA, Inc. (Pioneer), and Samson Hydrocarbons Co. (Samson) requires the companies to continue to monitor the City of Poplar’s public water supply monthly and provide treatment or an alternate drinking water source if water quality degrades to a point that presents a public health risk. These requirements will remain in effect until a new and safe source of drinking water is secured by the City of Poplar. The agreement also requires the companies to pay $320,000 to the City to reimburse costs related to water infrastructure and relocating water wells.

The administrative order, issued under the Safe Drinking Water Act, replaces an emergency order issued by EPA in December 2010. The companies had previously appealed this order in federal court, which referred the case to a mediation process. The agreement announced today is a result of that process.

“Murphy, Pioneer and Samson have made a commitment to ensure that the City of Poplar’s taps remain safe,” said Jim Martin, EPA’s regional administrator in Denver. “The companies will continue to monitor water quality and will take all actions necessary to maintain an uninterrupted supply of safe water to residents.”

Over the past several years, groundwater sampling results indicate that contamination related to production in the East Poplar oilfield has reached the City of Poplar’s water supply.

The source of this contamination is produced brine, highly saline wastewater containing trace metals, inorganic salt concentrations, and volatile organic compounds. EPA estimates that more than 40 million gallons of brine entered the drinking water aquifer over the span of five decades. The direction of the brine plume movement is generally toward the City of Poplar.

While treated water from the City of Poplar’s water system is currently safe to drink, monthly samples collected by the oil companies indicate an upward trend in total dissolved solids, chloride and sodium. Under the order announced today, EPA and the companies have identified trigger values that will allow time for action before the public water supply presents any health risks. If these values are met, the companies will take immediate steps to secure additional treatment or provide alternative water to ensure contamination levels are below human health thresholds.

A long-term alternative water source for the City of Poplar is currently being developed through construction of a pipeline from the Missouri River. The City also has plans to relocate its water wells to secure a back-up supply. These efforts are expected to be completed as early as this year.

EPA, the State of Montana, the Fort Peck Tribes, the U.S. Geological Survey and other agencies have been aware of groundwater contamination in the East Poplar oil field for several decades. Various studies have been done in the area, and the nature, extent and movement of the plumes are relatively well known. EPA has addressed past contamination through four Safe Drinking Water Act orders issued to production companies between 1999 and 2004. Murphy, Pioneer and Samson are, directly or through corporate acquisition, historic oil producers in the East Poplar oil field.

Poplar is the seat of the Fort Peck Assiniboine and Sioux Tribes. The Poplar-area public water system, the Fort Peck Tribe Water Resource, serves approximately 3,000 people, including tribal and non-tribal households.

EPA Cites Realty Company for Violating Federal Law on Notice of Lead-based Paint Hazards in Reading, Pa.

EPA Cites Realty Company for Violating Federal Law on Notice of Lead-based Paint Hazards in Reading, Pa.

PHILADELPHIA (March 26, 2012) -- The U.S. Environmental Protection Agency has cited Crespo Realty, Inc. , of Flushing, N.Y., for allegedly violating a federal law requiring the company to disclose information on lead-based paint hazards to tenants renting four Reading, Pa. properties.

The Disclosure Rule under the Residential Lead-Based Paint Hazard Reduction Act requires sellers and landlords of residential housing built before 1978 (when lead-based paint was banned under federal law) to disclose to purchasers and tenants the presence of known lead-based paint hazards (or lack of knowledge of hazards). Landlords must provide a lead hazard information pamphlet; provide a standard warning statement in the lease on the dangers of lead-based paint; and include disclosure and acknowledgment language in leases.

According to EPA's complaint, Crespo Realty, Inc. did not provide the required lead hazard information and lead hazard disclosures in five leases in four residential properties in Reading.   EPA will propose a penalty for these alleged violations after giving the company an opportunity to respond to the complaint. However, the complaint notes that the statutory maximum penalty for violations of the Disclosure Rule is $11,000 per violation. Crespo has the right to a hearing to contest the alleged violations.

EPA is cooperating with other federal, state, and local agencies to protect tenants and homeowners from the health risks of lead-based paint. High blood levels of lead can cause permanent damage to the nervous system and widespread health problems, such as a reduced intelligence and attention span, hearing loss, stunted growth, reading and learning problems and behavioral difficulties. Young children, in particular, are most vulnerable because their nervous systems are still developing.

For more information on environmental, health, and legal issues involving lead, please visit http://www.epa.gov/lead/index.html. 

EPA Orders Foster Poultry Farms to Stop Discharging Pollutants Into Louisiana Waters

EPA Orders Foster Poultry Farms

to Stop Discharging Pollutants Into Louisiana Waters

(DALLAS – March 26, 2012) The Environmental Protection Agency (EPA) has issued a cease and desist administrative order to Foster Poultry Farms in Claiborne Parish, Louisiana, for unauthorized discharges of pollutants into a tributary of Leatherman Creek.

On January 26, 2012, the EPA inspected the hatchery and found unauthorized discharges of pollutants from its process wastewater lagoon to an unnamed tributary of Leatherman Creek. Leatherman Creek drains into Black Creek Bayou and it in turn drains into the Red River.

“A chicken hatchery should be raising chickens not pollution levels in nearby rivers,” said EPA Regional Administrator Al Armendariz. “We expect poultry farms to comply with laws that protect water quality.”

Foster Poultry Farms, doing business as Foster Farms Athens Hatchery, operates a chicken hatchery located approximately two miles east of Athens on the north side of Louisiana Highway 518 in Claiborne Parish. The facility has been ordered to immediately stop all discharges of pollutants into waters of the United States.

Water quality across the United States is threatened by phosphorus and nitrogen, two nutrients present in chicken litter. In excessive amounts, nutrients often cause an explosion of algae that robs water of oxygen, causing fish kills.

As a result of the inspection, Foster Poultry Farms has been ordered to immediately take action to stop all discharges of pollutants from its process wastewater lagoon. Within 30 days they must submit to the EPA and the Louisiana Department of Environmental Quality a certified summary, including photographs, that document the unauthorized discharges have been stopped.

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

EPA audio file is available at http://www.epa.gov/region6/6xa/podcast/mar2012.html

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