Tuesday, January 19, 2021
DuPont and former employee charged in 2014 fatal La Porte incident
EPA News Release:
DuPont and former employee charged in 2014 fatal La Porte incident
DALLAS (Jan. 19, 2021) – A Houston federal grand jury has indicted E. I. du Pont de Nemours and Company Inc. (DuPont) and a former employee for knowingly violating requirements of federal safety regulations and negligently releasing an extremely hazardous substance, U.S. Attorney Ryan Patrick announced today.
Kenneth Sandel, 49, Friendswood, along with representatives of DuPont are set to appear today before U.S. Magistrate Judge Frances Stacy at 10 a.m.
The indictment stems from the Nov. 15, 2014, incident at the LaPorte plant when 24,000 pounds of methyl mercaptan - a highly toxic, flammable gas - were released. The incident resulted in the deaths of four plant employees and injured others, according to the charges.
According to the charges, returned Jan. 7, DuPont is headquartered in Wilmington, Delaware, and owns chemical manufacturing plants around the world, including the La Porte facility. Sandel ran the Insecticide Business Unit (IBU) at that location and was responsible for ensuring IBU employees followed applicable federal safety regulations.
The IBU has since been demolished, but at the time, allegedly produced pesticides called Lannate and Vydate, among other products. The indictment alleges Lannate and Vydate generated annual net income for DuPont of approximately $123 million during 2014.
The safety regulations are part of the Environmental Protection Agency’s (EPA) Risk Management Plan, created following 1990 amendments to the Clean Air Act. Congress had directed the EPA to create reasonable regulations to prevent the release of certain hazardous chemicals after such events had resulted in the death or injury to many people in the United States and abroad.
The indictment alleges DuPont and Sandel knowingly failed to implement certain DuPont procedures federal regulations required. Specifically, Sandel and DuPont engineers allegedly devised a plan to divert a large volume of methyl mercaptan gas into a waste gas pipe system during the day before and night of the fatal incident. However, Sandel failed to implement necessary procedures to evaluate safety aspects of that plan and to prohibit workers from opening the pipe to the atmosphere, according to the charges.
If convicted of the federal safety regulations violations, Sandel faces up to five years in federal prison while the negligence charge could result in an additional one-year term. Both convictions also carry a potential fine of $250,000.
The company itself faces potential fines of the greater of $500,000 or twice the gross gain derived from the offense.
The EPA’s Criminal Investigation Division conducted the investigation with assistance from the Texas Environmental Enforcement Task Force. The indictment is part of an EPA initiative titled Reducing Risks of Accidental Releases at Industrial and Chemical Facilities. Assistant U.S. Attorneys John R. Lewis and Belinda Beek and Special Assistant U.S. Attorney Kristina Gonzales are prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
# # #
EPA Announces $46 Million in Funding Available to Reduce Emissions from Diesel Engines
EPA Press Release:
EPA Announces $46 Million in Funding Available to Reduce Emissions from Diesel Engines
Grant funding prioritized for areas facing air quality challenges
EPA Press Office (press@epa.gov)
WASHINGTON (January 15, 2021) – The U.S. Environmental Protection Agency (EPA) announced the availability of grant funding to implement projects which reduce emissions from the nation’s existing fleet of older diesel engines. EPA anticipates awarding approximately $46 million in Diesel Emissions Reduction Act (DERA) grant funding to eligible applicants, subject to the availability of funds. Under this competition, EPA anticipates awarding between 40 and 70 assistance agreements.
“The DERA program continues to provide much needed assistance to agencies and ports to improve poor air quality in communities across America,” said EPA Administrator Andrew Wheeler. “Over the last three years, EPA has provided nearly $300 million in grants and rebates to modernize diesel fleets with cleaner heavy-duty trucks and equipment.”
Diesel-powered engines move most of the nation’s freight tonnage, and today nearly all highway freight trucks, locomotives, and commercial marine vessels are powered by diesel engines. EPA is soliciting applications nationwide for projects that significantly reduce diesel emissions and exposure, especially from fleets operating at goods movements facilities in areas designated as having poor air quality. Applicants may request funding to upgrade or replace diesel-powered buses, trucks, marine engines, locomotives and nonroad equipment with newer, cleaner technologies. Priority for funding will also be given to projects that engage and benefit local communities and applicants that demonstrate their ability to promote and continue efforts to reduce emissions after the project has ended.
Eligible applicants include regional, state, local or tribal agencies, or port authorities with jurisdiction over transportation or air quality. Nonprofit organizations may apply if they provide pollution reduction or educational services to diesel fleet owners or promote air quality and clean transportation. Applicants may apply until March 16, 2021.
Applicants must request funding from the EPA regional office which covers the geographic project location. The maximum amount of federal funding that may be requested per application varies by Region:
- Region 1 (Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont) will accept applications requesting up to $1,000,000 in grant funds.
- Region 2 (New Jersey, New York, Puerto Rico, U.S. Virgin Islands) will accept applications requesting up to $2,500,000 in grant funds.
- Region 3 (Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia) will accept applications requesting up to $2,500,000 in grant funds.
- Region 4 (Alabama, Georgia, Florida, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee) will accept applications requesting up to $2,000,000 in grant funds.
- Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin) will accept applications requesting up to $3,000,000 in grant funds.
- Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma, Texas) will accept applications requesting up to $2,500,000 in grant funds.
- Region 7 (Iowa, Kansas, Missouri, Nebraska will accept applications requesting up to $1,500,000 in grant funds.
- Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming) will accept applications requesting up to $2,600,000 in grant funds.
- Region 9 (Arizona, California, Hawaii, Nevada, Guam, American Samoa, Northern Mariana Islands) will accept applications requesting up to $4,000,000 in grant funds.
- Region 10 (Alaska, Idaho, Oregon, Washington) will accept applications requesting up to $1,000,000 in grant funds.
Background
Since the first year of the DERA program in 2008, EPA has competitively awarded over 850 grants and 450 rebates across the country. Many of these projects funded cleaner engines that operate in economically disadvantaged communities whose residents suffer from higher-than-average instances of asthma, heart and lung disease.
For more information and to access the Request for Applications, visit www.epa.gov/dera/national.
For more information on the DERA Funding Program, visit www.epa.gov/dera.
Sunday, January 17, 2021
EPA approves Clean Water Program to Texas Commission on Environmental Quality
From U.S. Environmental Protection Agency:
EPA approves Clean Water Program to Texas Commission on Environmental Quality
State will manage permitting for oil and gas discharges
Contact: Joe Hubbard or Jennah Durant at 214-665-2200 or r6press@epa.gov
DALLAS (Jan.15, 2021) – The U.S. Environmental Protection Agency (EPA) announced today that it is approving Texas’ request to administer the National Pollutant Discharge Elimination System (NPDES) program for discharges from produced water, hydrostatic test water and gas plant effluent or oil and gas discharges, within the state of Texas. The Texas Commission on Environmental Quality (TCEQ) will take over responsibility of permitting authority for the discharges of oil and gas activities, pipelines and natural gas processing plants that formerly were under Railroad Commission of Texas jurisdiction.
“After a rigorous review process, we are pleased to announce that the state of Texas will take responsibility of this Clean Water Act program,” said EPA Regional Administrator Ken McQueen. “This action will help Texas administer a process for the regulated community without unnecessary and duplicative permitting processes and ensure the best environmental and economic outcomes.”
“TCEQ looks forward to working on permits pursuant to this program delegation,” said Commissioner Emily Lindley. “For the past year and a half staff worked tirelessly to make sure our application was complete and accurate. This delegation will serve Texans well.”
EPA and TCEQ both agree that states are best equipped to administer their environmental programs. On June 14, 2019, Governor Greg Abbott directed TCEQ to seek NPDES program authority by signing Texas House Bill 2771. The Governor also ordered the transfer of permitting authority for these discharges from the Railroad Commission of Texas to TCEQ upon approval of program authorization and then transfer of program authority from EPA to the TCEQ.
On Oct. 12, 2020, the Governor of Texas requested NPDES permit program approval and submitted a Statement of Legal Authority, copies of applicable state statutes and regulations, and a Memorandum of Understanding to be approved by the EPA Regional Administrator, Ken McQueen and TCEQ Executive Director, Toby Baker.
On Jan. 11, 2020, the public comment period ended. After a thorough review and consideration of all public comments, EPA determined the state met the criteria of the Clean Water Act and other federal regulations for approval of the requested program authorization.
The Clean Water Act created the NPDES program under which the EPA may issue permits for the point source discharge of pollutants to waters of the United States. The Act requires the EPA to authorize a state to administer an equivalent state program upon the Governor’s request, provided the state has the appropriate legal authority and a program sufficient to meet the Act’s requirements.
More about information the National Pollutant Discharge Elimination System https://www.epa.gov/npdes
Connect with EPA Region 6:
On Facebook: https://www.facebook.com/eparegion6
On Twitter: https://twitter.com/EPAregion6
Activities in EPA Region 6: https://www.epa.gov/aboutepa/epa-region-6-south-central
# # #
EPA and NASA Enter Agreement on Cleanup of NASA Wallops Flight Facility Site
From U.S. Environmental Protection Agency:
EPA and NASA Enter Agreement
on Cleanup of NASA Wallops Flight Facility Site
PHILADELPHIA (Jan. 15, 2021) – The U.S. Environmental Protection Agency (EPA) announced a consent order today to address contamination at the Formerly Used Defense Site (FUDS) areas of the NASA Wallops Flight Facility (WFF) Site, Accomack County, Virginia. Under the terms of the consent order, NASA will perform the following response actions with EPA oversight:
• Remedial Investigation/Feasibility Study to determine the nature and extent of contamination at the site and explore possible remedies.
• Proposed Remedial Action Plans to give the public an opportunity to comment on remedial options preferred by EPA and NASA.
• Records of Decision, which are the final selection of one or more remedies for the site.
• Remedial Designs/Remedial Actions, which includes the design and implementation of the remedies.
• Removal and Emergency Actions, if necessary, to address any imminent and substantial threat to human health or the environment should such a threat be identified during any part of the process.
“This agreement shows that cleaning contaminated, formerly used defense sites is a top priority for both EPA and NASA,” said EPA Regional Administrator Cosmo Servidio. “The attention and focus that EPA has placed on the Superfund program is making a real difference in the lives of people living in communities near Superfund sites across the country.”
On Nov. 27, 2020, EPA provided public notice of the proposed Consent Order, an opportunity for a public meeting, and a 31-day public comment period, which closed Dec. 28, 2020. All public comments received were considered before finalizing the agreement.
The WFF is located on Route 175, Wallops Island, Accomack County, Virginia. The
WFF consists of three land parcels: The Main Base Parcel, the Mainland Parcel and Wallops
Island. NASA has operated the WFF since 1959 and has owned it since 1961.
Prior to NASA’s ownership, much of WFF was owned by the United States Navy. It was used for anti-submarine operations, training for personnel and as a test range to test, modify and develop guided missiles, aircraft weapons, munitions, ordnance and aviation fire control equipment.
Contamination identified at the WFF that is known to be associated with activities that took place prior to NASA’s presence is addressed under the FUDS program. The United States Army Corps of Engineers (USACE) is the lead agency for the FUDS program and conducted investigation and remediation activities at these FUDS areas of the site beginning in 2000 through 2016.
These investigations have identified several areas of concern at WFF that have been contaminated with hazardous contaminants including the volatile organic compounds perchloroethene, trichloroethene, 1,2-dichloroethene, benzene, and toluene; semi-volatile organic compounds naphthalene, benzo(a)pyrene, and dioxins; polychlorinated biphenyls; metals; total petroleum hydrocarbons; munitions and explosives and munition constituents (chemicals used in formulations as propellants, pyrotechnics and explosives in weapon systems, munitions and blasting agents).
Under the agreement, pursuant to a Federal Facility Superfund alternative approach, all aspects of the work to be performed by NASA are being funded by USACE and subject to EPA’s approval. Remedial Actions will be selected by EPA, in consultation with NASA and the Virginia Department of Environmental Quality. NASA will be responsible for ensuring that public participation requirements of the Superfund law and the National Oil and Hazardous Substances Contingency Plan are met.
The Superfund alternative approach uses the same investigation and cleanup process and standards that are used for sites listed on the National Priorities List (“NPL”), and WFF is the first federal facility in the nation to be addressed under this approach. The approach is an alternative to listing a site on the NPL; it is not an alternative Superfund process. The approach can save the time and resources associated with listing a site on the NPL. If a party enters into a Superfund alternative approach agreement with EPA, there is no need for EPA to list the site on the NPL.
For more information, visit: www.epa.gov/superfund/nasa_wallops