Showing posts with label CLEAN AIR ACT VIOLATIONS. Show all posts
Showing posts with label CLEAN AIR ACT VIOLATIONS. Show all posts

Friday, September 6, 2013

IMPORT FIRM AND OWNER AGREE TO PAY OVER $3.5 MILLION TO SETTLE CAR ENGINE CLEAN AIR ACT VIOLATIONS

FROM:  U.S. JUSTICE DEPARTMENT 

Thursday, August 29, 2013
Two California Firms and Owner Agree to Settle Clean Air Act Violations Stemming from Illegal Import of Vehicles

Two Los Angeles-based consulting firms, MotorScience Inc., and MotorScience Enterprise Inc., (MotorScience) and their owner, Chi Zheng, have agreed to settle alleged Clean Air Act (CAA) violations stemming from the illegal import of 24,478 all-terrain, recreational vehicles into the U.S. from China without testing to ensure emissions would meet applicable limits on harmful air pollution, announced the Department of Justice, the U.S. Environmental Protection Agency (EPA) and the California Air Resources Board (ARB).

MotorScience and Zheng have agreed to have a stipulated judgment entered against them for a $3.55 million civil penalty and to pay an additional $60,000 civil penalty within six months.  The United States will receive 80 percent of collected penalties, and California will receive the remaining 20 percent.

“Vehicles and engines that are manufactured overseas and sold in the U.S. must meet the same Clean Air standards as domestically-made products,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division.  “We will continue to vigorously enforce these laws to ensure that American consumers get environmentally sound products that do not pollute the atmosphere and violators do not gain an unfair economic advantage by skirting the law.”

“This illegal importation of over 20,000 vehicles evaded federal emission standards, jeopardizing human health,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance.  “Engines operating without proper emissions controls can emit excess carbon monoxide, hydrocarbons and oxides of nitrogen which can cause respiratory illnesses, aggravate asthma and contribute to the formation of ground level ozone or smog.”

“The integrity of new vehicle standards are the foundation for achieving our air quality goals in California,” said ARB Enforcement Chief James Ryden.  “When a manufacturer circumvents these requirements, they not only cheat their customers and competitors, but they also shortchange every citizen of our state who relies upon our shared actions to clean the air.”

Today’s settlement also requires that for the next 15 years, before either MotorScience or Zheng may engage in any further work involving non-road vehicles and engines, they must follow a rigorous compliance plan to ensure that any emissions testing and certification applications submitted to EPA or the ARB accurately represent those vehicles and engines.  Non-road vehicles and engines include recreational vehicles, generators, lawn and garden equipment, and other non-road internal combustion engines.

EPA’s investigation showed that MotorScience obtained EPA certificates of conformity for numerous vehicles without conducting required emissions testing.  As alleged in separate complaints filed in federal district court by the United States and the state of California in September 2011, MotorScience arranged for emissions testing of a limited number of vehicles, and then reused those results to obtain certificates of conformity for numerous other, dissimilar vehicles.  For at least three of those vehicles, EPA confirmed that their emissions exceeded the federal limits for hydrocarbons and nitrogen oxides.

MotorScience and its president, Zheng, provide consulting services for vehicle manufacturers and other clients interested in obtaining certificates of conformity from EPA to allow import of their vehicles into the U.S.  In 2010, EPA voided 12 certificates held by four of the defendants’ clients, who were U.S.-based importers for Chinese recreational vehicle manufacturers.  The complaints filed by the U.S. and California alleged that defendants caused four of their clients to illegally import vehicles under federal certificates and California executive orders that were voided. The complaints further alleged that defendants caused their clients to fail to create and maintain required records on emissions testing.

The CAA prohibits any vehicle or engine from being imported into or sold in the United States unless it is covered by a valid, EPA-issued certificate of conformity demonstrating that the vehicle or engine meets applicable federal emission standards.  The CAA also prohibits any actions that cause the importation of uncertified vehicles or that cause recordkeeping violations.  Similarly, the California Health and Safety Code prohibits any vehicle or engine from being distributed or sold in California, unless such vehicle or engine is covered by a valid, ARB-issued executive order demonstrating that the vehicle or engine meets applicable California emission standards.

The certificate of conformity is the primary way EPA ensures that vehicles and engines meet emission standards.  This enforcement action is part of an ongoing effort by EPA to ensure that all imported vehicles and engines comply with the CAA’s requirements.

Saturday, April 6, 2013

TYSON FOODS AND EPA SETTLE ALLEGED CLEAN AIR ACT VIOLATIONS

FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
Settlement with Tyson Foods to Address Multiple Releases of Anhydrous Ammonia

Settlement requires company to conduct third party audits to reduce threat of accidental chemical releases, purchase emergency equipment for first responders
WASHINGTON — The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced a Clean Air Act (CAA) settlement with Tyson Foods, Inc. and several of its affiliate corporations to address threats of accidental chemical releases after anhydrous ammonia was released during incidents at facilities in Kansas, Missouri, Iowa, and Nebraska, resulting in multiple injuries, property damage, and one fatality.
"Exposure to anhydrous ammonia can cause serious health issues, and in extreme cases, even death," said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. "Today’s settlement with Tyson Foods will ensure the proper safety practices are in place in the future to protect employees, first responders, and communities located near processing facilities from the threat of dangerous chemical releases."

"This settlement will protect workers at Tyson facilities throughout Kansas, Iowa, Missouri, and Nebraska that use anhydrous ammonia, and make the communities surrounding these 23 facilities safer. It will also provide emergency response equipment for first responders to chemical releases," said Ignacia Moreno, assistant attorney general for the Justice Department’s Environment and Natural Resources Division. "The requirements of this agreement, which include comprehensive third party audits, will help mitigate the impact of releases of anhydrous ammonia by ensuring compliance with the Risk Management Program under the Clean Air Act."

Under the terms of the consent decree, Tyson is required to conduct third-party audits of its current compliance with the CAA’s Risk Management Program requirements at all 23 facilities in Kansas, Iowa, Missouri, and Nebraska. The third-party auditors must have expertise in ammonia refrigeration systems, be recognized experts in risk management program compliance, and be approved by EPA. Tyson must correct any violations discovered in the audits and certify the completion of the work. Tyson has also agreed to test certain piping used in its refrigeration systems at the 23 facilities to identify any problems that may have led to accidental releases and to replace any non-compliant piping.

Under the consent decree, Tyson will pay a $3.95 million penalty. Tyson has also agreed to implement a supplemental environmental project to purchase $300,000 worth of emergency response equipment for first responders in communities with significant environmental justice concerns in which Tyson operates facilities. The equipment will assist responses to emergencies involving chemicals that are regulated pursuant to the CAA Risk Management Program, including anhydrous ammonia.

Anhydrous ammonia is a poisonous gas and considered an extremely hazardous substance under the CAA. Exposure to vapors can cause temporary blindness and eye damage, as well as irritation of the skin, mouth, throat, respiratory tract and mucous membranes. Prolonged exposure to anhydrous ammonia vapor at high concentrations can lead to serious lung damage and even death.

The Clean Air Act’s Risk Management Program (Section 112(r)) requires owners and operators of facilities that exceed a threshold quantity of a regulated substance, such as anhydrous ammonia, to develop and implement a risk management plan that must be submitted to EPA. The 23 Tyson facilities named in the consent decree are subject to the regulations because the refrigeration systems at the facilities each contain more than 10,000 pounds of anhydrous ammonia. The facilities have a combined inventory of more than 1.7 million pounds of anhydrous ammonia.

Tyson Foods, Inc. is headquartered in Springdale, Ark. and is the world’s largest processor and marketer of chicken, beef and pork.
The proposed settlement lodged in the U.S. District Court for the Eastern District of Missouri, is subject to a 30-day public comment period and final court approval.

Saturday, March 2, 2013

COMPANY ARGEES TO SPEND $18 MILLION ON NEW POLLUTION CONTROLS

FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
CountryMark Refining and Logistics, LLC to Install $18 Million in Pollution Controls to Resolve Clean Air Act Violations at Indiana Refinery

WASHINGTON
- The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that Countrymark Refining and Logistics, LLC has agreed to pay a $167,000 civil penalty, perform environmental projects totaling more than $180,000, and spend $18 million on new pollution controls to resolve Clean Air Act (CAA) violations at its refinery, located in Mount Vernon, Ind.

Once fully implemented, the pollution controls required by the settlement will reduce emissions of harmful air pollution that can cause respiratory problems, such as asthma, and are significant contributors to acid rain, smog, and haze, by an estimated 1,000 tons or more per year.

"Under the settlement, CountryMark will implement new practices and install innovative, cutting-edge pollution controls at its Indiana refinery," said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. "These innovative controls include ensuring that pollution control devices, such as flares, are operated properly to minimize pollution emitted into the air and to improve their overall efficiency."

"This settlement requires CountryMark to install new controls and implement new practices at its refinery to reduce air pollution from all significant sources at the refinery," said Ignacia S. Moreno, assistant attorney general for the Justice Department's Environment and Natural Resources Division. "Notably, CountryMark will be the third refiner to put in place new measures to substantially reduce gas emissions from its flare, and the company’s commitment to retrofit diesel school buses will also reduce air emissions that affect the area’s residents."

The complaint alleges that the company 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 net emissions increase of any pollutant. The complaint also alleges CAA violations related to flare operation, the New Source Performance Standards, and applicable requirements for leak detection and repair (LDAR).

The settlement requires new and upgraded pollution controls, more stringent emission limits, and aggressive LDAR practices to reduce emissions from refinery equipment and processing units. The settlement also requires new controls on the refinery’s flaring devices, which are used to burn-off waste gases. The amount of pollution that flares emit depends on the total amount of waste gases sent to a flare and the efficiency at which the flare is operated when burning those gases. The settlement will ensure proper combustion efficiency for any gases that are sent to a flare and will also cap the total amount of waste gases that can be sent to a flare at the refinery. The flares requirements are part of EPA’s national effort to reduce emissions from flares at refineries, petrochemical, and chemical plants.

The flaring efficiency requirements are settlement with CountryMark are part of EPA’s national enforcement 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 settlement with CountryMark is the 32nd under the EPA initiative. With today’s settlement, 109 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 oxides, and other pollutants by over 360,000 tons per year.

The State of Indiana actively participated in the settlement with CountryMark and has received over $110,000 to fund a supplemental environmental project to remove asbestos-containing material from an old grain elevator in downtown Mount Vernon. The settlement also requires CountryMark to provide at least $70,000 in funding for a supplemental environmental project that will install diesel retrofit and/or idle reduction technologies on school buses and/or non-school bus, publicly-owned vehicles located within 50 miles of the refinery.

The consent decree, lodged in the Southern District of Indiana, is subject to a 30-day public comment period and court approval.



Friday, March 1, 2013

EPA SETTLEMENT INCLUDES CLOSING OF TIRE-BURNING FACILITY

FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
EPA Settles with Geneva Energy on Clean Air Act Violations; Tire-burning Facility to Close

Chicago (Feb. 25, 2013) - The U.S. Environmental Protection Agency has reached agreement with Geneva Energy, LLC on the terms of a consent decree to resolve allegations that the company violated the Clean Air Act at a tire-burning electric generating plant in Ford Heights, Illinois. Geneva has agreed to close the facility, which operated intermittently from 2006 until the fall of 2011.

A federal lawsuit was filed at the same time as the settlement and alleges violations included in an August 2010 EPA Notice and Finding of Violation issued to the facility. The NOV/FOV alleged violations of the facility’s construction permit, including monitoring and reporting requirements and emission limits established for carbon monoxide, nitrogen oxide, sulfur dioxide, ammonia, particulate matter, and opacity.


"This settlement will eliminate the source of almost 200 tons of air pollutants each year, in a community that has historically been disproportionately impacted by environmental contamination," said EPA Regional Administrator Susan Hedman.

As part of the consent decree, Geneva will also withdraw all permits and permit applications submitted to Illinois EPA and surrender all sulfur dioxide allowances. Based on an analysis of financial information, the government concluded that Geneva is insolvent and unable to pay a civil penalty.

The consent decree also resolves Clean Air Act violations by NAES Corporation, an operations consultant at the facility during a 14-month period in 2008-2009. NAES will pay a $185,000 civil penalty.

Sunday, June 3, 2012

PLASTICS PRODUCER AGREES TO REDUCE HARMFUL AIR POLLUTION


FROM:  U.S. DEPARTMENT OF JUSTICE
Thursday, May 31, 2012
Plastics Producer SABIC Agrees to Reduce Harmful Air Pollution from Leaking Equipment to Resolve Clean Air Act Violations in Indiana and Alabama
SABIC Innovative Plastics US LLC, and its subsidiary, SABIC Innovative Plastics Mt. Vernon LLC, have agreed to pay an approximately $1 million civil penalty and improve leak detection and t (CAA) at chemical marepair practices to settle alleged violations of the Clean Air Acnufacturing facilities in Mt. Vernon, Ind., and Burkville, Ala., the U.S. Department of Justice and the U.S. Environmental Protection Agency (EPA) announced today. Emissions of hazardous air pollutants (HAPs) from leaking equipment may cause serious health effects including cancer, reproductive issues and birth defects.

“This compliance program continues our efforts to control fugitive emissions and will require SABIC to upgrade its monitoring and maintenance practices to help prevent future violations,” said Robert G. Dreher, Principal Deputy Assistant Attorney General for the Environment and Natural Resources Division at the Department of Justice.

“Communities near large industrial facilities depend on EPA to protect public health and the environment by enforcing our nation’s environmental laws,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement with SABIC will reduce the potential for future violations and protect residents in Indiana and Alabama from emissions of hazardous air pollutants.”

In addition to paying a penalty, SABIC will implement a comprehensive program to reduce emissions of HAPs from leaking equipment such as valves and pumps. The emissions, known as “fugitive” emissions because they are not discharged from a stack but rather leak directly from equipment, are generally controlled through work practices, like monitoring and repairing leaks. The settlement requires SABIC to implement enhanced work practices, including more frequent leak monitoring, better repair practices, and innovative new efforts designed to prevent leaks.

The program also requires SABIC to replace valves with new “low emissions” valves or valve packing material, designed to significantly reduce the likelihood of future leaks of HAPs. In response to EPA’s inspection of the Mt. Vernon facility, SABIC engineered HAP emission controls for hundreds of drains and trenches and the settlement further requires SABIC to control similar emissions from an oil/water separator. The estimated cost of these controls is almost $4 million. SABIC will also invest an additional $1.3 million to control HAP emissions from certain process vents as a supplemental environmental project. The compliance program and engineered controls will reduce HAP emissions by up to 136.7 tons per year.

According to the 15-count complaint, filed simultaneously with the settlement today in the Southern District of Indiana, SABIC allegedly violated CAA requirements to monitor and repair leaking equipment, demonstrate compliance with regulations applicable to chemical plants, and report known violations to EPA.

Wednesday, January 11, 2012

EPA SETTLES WITH RV IMPORTERS OVER ENGINE EMISSIONS


The following excerpt is from  the EPA website:

“WASHINGTON – The U.S. Environmental Protection Agency (EPA) announced a settlement with recreational vehicle manufacturers, Loncin (USA), Inc., Longting USA LLC, and Chongqing Longting Power Equipment Co., Ltd., to resolve violations of the Clean Air Act (CAA) related to the importation of 7,115 uncertified recreational vehicles into the United States. Engines that are not certified may be operating without proper emissions controls, which can emit excess carbon monoxide and nitrogen oxides and cause respiratory illnesses, aggravate asthma and contribute to the formation of ground level ozone, or smog.

“EPA is committed to enforcing vehicle emission standards under the Clean Air Act,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “By taking action to deter the importation and sale of non-compliant engines, EPA is ensuring a level playing field for manufacturers and protecting Americans from illegal air emissions.”

EPA alleges that Loncin (USA), Inc. and Longting USA LLC held certificates of conformity that were voided by EPA following an investigation of MotorScience, Inc., a California-based certification services consulting firm that allegedly used false or incomplete information to certify vehicles under the Clean Air Act for four of its clients, including Loncin. The certificates allowed the importation and sale of more than 24,000 recreational vehicles in the U.S. that did not meet Clean Air Act standards. More than 7,000 of these vehicles were manufactured by Chongqing Longting Power Equipment Co., Ltd. and imported by companies such as The Pep Boys – Manny, Moe & Jack, Baja, Inc., and BMS Motorsports, Inc.

The Clean Air Act prohibits any vehicle or engine from being imported and sold in the United States unless it is covered by a valid, EPA-issued certificate of conformity indicating that the vehicle or engine meets applicable federal emission standards. The certificate of conformity is the primary way EPA ensures that imported vehicles and engines meet emission standards. This enforcement action is part of an ongoing effort by EPA to ensure that all imported vehicles and equipment comply with the Clean Air Act’s requirements.

Loncin (USA), Inc. and its affiliates have cooperated with EPA in this settlement.”