DOJ ANNOUNCES CEMENT MAKER TO REDUCE AIR POLLUTION UNDER SETTLEMENT

FROM:  U.S. JUSTICE DEPARTMENT 

AIR POLLUTION, EPA, 

Wednesday, July 27, 2016

Cement Manufacturer Cemex to Reduce Harmful Air Pollution from Five Plants under Settlement with EPA and Justice Department

The Department of Justice and the U.S. Environmental Protection Agency (EPA) today announced a settlement with Cemex Inc., under which the company will invest approximately $10 million to cut emissions of harmful air pollution at five of its cement manufacturing plants in Alabama, Kentucky, Tennessee and Texas to resolve alleged violations of the Clean Air Act.  Under the consent decree lodged in the U.S. District Court for the Eastern District of Tennessee, Cemex will also pay a $1.69 million civil penalty, conduct energy audits at the five plants, and spend $150,000 on energy efficiency projects to mitigate the effects of past excess emissions of nitrogen oxides (NOx)from its facilities.

“The cement sector is a significant source of air pollution posing real health risks to the communities where they reside, including vulnerable communities across the U.S. who deserve better air quality than they have gotten over the years,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “This agreement will require Cemex to pay a penalty and install important pollution controls to achieve reductions in harmful air emissions, thereby making  Cemex a better neighbor to local residents.”

“This settlement requires Cemex to use state of the art technology to reduce harmful air pollution, improving public health in vulnerable communities across the South and Southeast,” said Assistant Administrator Cynthia Giles for EPA’s Office of Enforcement and Compliance Assurance.  “EPA is committed to tackling clean air violations at the largest sources, cutting the pollutants that cause respiratory illnesses like asthma.”

The five Cemex facilities produce Portland cement, a key ingredient in concrete, mortar, and stucco are located in Demopolis, Alabama, Louisville, Kentucky, Knoxville, Tennessee, and New Braunfels and Odessa, Texas.  The Knox County, Tennessee, and Louisville air pollution control authorities participated in this settlement.

Cemex is required to install pollution control technology that will reduce emissions of  NOx and establish strict limits for sulfur dioxide (SO2) emissions, which will improve air quality in local communities.  Cemex will install and continuously operate a selective non-catalytic reduction system for controlling NOx at the five plants and meet emission limits that are consistent with the current best available control technology for NOx.  EPA estimates this will result in NOx emissions reductions of over 4,000 tons per year.  Each facility will also be subject to strict SO2 emission limits.

NOx and SO2, two key pollutants emitted from cement plants, have numerous adverse effects on human health and are significant contributors to acid rain, smog and haze.  The pollutants are converted in the air into 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 the Cemex plants, particularly communities disproportionately impacted by environmental risks and vulnerable populations, including children.

This settlement is part of EPA’s National Enforcement Initiative to control harmful emissions from large sources of pollution, which includes cement manufacturing plants, under the Clean Air Act’s Prevention of Significant Deterioration requirements.  The total combined SO2 and NOx emission reductions secured from cement plant settlements under this initiative will exceed 75,000 tons each year once all the required pollution controls have been installed and implemented.

COMPANY TO PAY $3 MILLION FOR AMMONIA RELEASE THAT SICKENED OIL SPILL WORKERS

FROM:  U.S. JUSTICE DEPARTMENT 

Tuesday, June 2, 2015

Georgia-Based Millard Refrigerated Services to Pay $3 Million Civil Penalty for Ammonia Release That Sickened Workers Responding to Deepwater Horizon Oil Spill

The Department of Justice and the U.S. Environmental Protection Agency (EPA) today announced a final settlement with Millard Refrigerated Services that resolves alleged violations of the Clean Air Act, Emergency Planning and Community Right-to-Know Act and Comprehensive Environmental Response, Compensation, and Liability Act violations for an airborne release of ammonia from Millard’s Theodore, Alabama, facility in 2010.  Millard will pay a $3 million penalty for the violations that sickened 152 people responding to the BP oil spill.

“The release of ammonia created significant health problems,” said Assistant Attorney General John C. Cruden for the Environment and Natural Resources Division.  “This settlement underscores how lapses in environmental management can have serious consequences, and today we are holding Millard accountable for this failure to ensure the safety of its workers and the surrounding community.”

“The Clean Air Act exists to protect all of us from preventable threats to our health and safety, such as what happened in this case,” said Keyon R. Brown, U.S. Attorney for the Southern District of Alabama. “On behalf of the citizens of our district, I commend the hard work of the EPA and the Department of Justice’s Environmental and Natural Resources Division in achieving such a significant settlement that vindicates these interests."

“EPA is serious about holding companies that threaten people’s health and safety accountable,” said Assistant Administrator Cynthia Giles for EPA’s Office of Enforcement and Compliance Assurance.  “It’s imperative that companies that use and store potentially-hazardous materials like ammonia ensure their operations do not pose a health risk to their employees or the public.”

On Aug. 23, 2010, the Millard Refrigerated Service warehouse in Theodore, Alabama, released approximately 32,000 pounds of anhydrous ammonia, to which exposure can be lethal, into the air after refrigeration equipment malfunctioned.  The ammonia travelled directly over a site where more than 800 people were working on decontaminating ships responding to the Deepwater Horizon oil spill in the Gulf of Mexico.  The Mobile, Alabama, Emergency Management Agency ordered an evacuation of the surrounding area and a one mile shelter in place situation following the ammonia release.

One hundred fifty-two people working at the site and on ships were treated for symptoms of ammonia exposure at hospitals in the Mobile area, four of whom were admitted into intensive care units.  One Millard employee sustained injuries after briefly losing consciousness from ammonia inhalation.

During its investigation of the warehouse after the ammonia release, EPA discovered that Millard failed to adequately address a well-known risk for ammonia production systems called hydraulic shock, which can cause catastrophic equipment failures.  These failures can lead to hazardous releases of anhydrous ammonia.  The company’s failure to address this risk, in addition to other deficiencies in its production and safety systems, amounted to 37 distinct violations of the Clean Air Act’s Risk Management Program and General Duty Clause.  These requirements compel companies that store or use potentially-hazardous substances like ammonia to identify the hazards posed by their operation, design and maintain a safe facility and minimize the consequences of any releases that might occur. The company’s failure to immediately report a release of anhydrous ammonia above the reportable quantity to the National Response Center amounted to one CERCLA violation.  The company’s failure to immediately report a release of anhydrous ammonia to the local and state emergency planning commissions and to file a follow-up reports for two releases amounted to three EPCRA violations.

EPA also discovered that Millard had two prior smaller ammonia releases caused by hydraulic shock, which should have signaled a need to take steps to prevent a catastrophic release like the one that occurred at the Theodore warehouse.  Millard sold the Theodore warehouse facility, which is no longer in operation.

The settlement was entered in the District Court in Mobile, Alabama.

COMPANY WILL PAY $300,000 CIVIL PENALTY AND CEASE MARKETING, SALES OF FLAMMABLE HYDROCARBON REFRIGERANTS

FROM:  U.S. JUSTICE DEPARTMENT
Thursday, May 14, 2015
Enviro-Safe Refrigerants Agrees to Halt Sales of Unapproved Flammable Hydrocarbon Refrigerants as Direct Replacements for Ozone Depleting Substances

Enviro-Safe Refrigerants Inc. of Pekin, Illinois, has agreed to pay a $300,000 civil penalty and cease marketing and sale of unapproved flammable hydrocarbon refrigerants as substitutes for ozone depleting substances (ODS).  ODS are being phased out of production and importation because they deplete the Earth’s stratospheric ozone layer.  As part of the United States’ transition away from ODS, the Environmental Protection Agency’s (EPA) Significant New Alternatives Policy (SNAP) Program evaluates and approves substitute refrigerants so that they can safely and legally replace ODS.  EPA evaluates these potential substitute refrigerants according to health, safety and environmental criteria.  The Clean Air Act addresses ODS and establishes standards and requirements where a substitute for an ODS is sought to be introduced to the marketplace.

According to the two-count complaint, filed simultaneously with the settlement today in the Central District of Illinois, Enviro-Safe allegedly violated Clean Air Act requirements through the marketing and sale of two flammable hydrocarbon refrigerant products, ES 22a and ES 502a, as substitutes for ODS without providing the requisite information to EPA for review and approval.  EPA has not approved any flammable hydrocarbon as a replacement for ODS in systems not specifically designed for flammable refrigerants and has warned that use of flammable refrigerants in those systems presents a risk of fire or explosion.

“With this settlement, Enviro-Safe will pay a penalty, stop its nationwide sales of unapproved flammable refrigerants and ozone depleting substances, and notify consumers of potential safety hazards from these products,” said Assistant Attorney General John C. Cruden of the Department of Justice’s Environment and Natural Resources Division.  “This civil action illustrates how the requirements of the Clean Air Act guard consumer safety and the health of our environment each and every day.”

“The actions Enviro-Safe will be required to take under this consent decree will protect consumers and the environment from a potentially dangerous product,” said Regional Administrator Susan Hedman of EPA.

In addition to paying a penalty and halting non-compliant sales, the company will also state on the label of any flammable refrigerant, its website and other marketing materials that the refrigerant is “flammable to an open flame or spark” and to “proceed with caution if used in systems designed for non-flammable refrigerants.”  Labels must also include any use restrictions for approved substitutes.  The company will notify by mail all known past customers that purchased products labeled “ES 12a,” “ES 22a” and “ES 502a” of potential safety hazards associated with such products.

EGG PRODUCER SETTLES WITH GOVERNMENT CASE INVOLVING WATER POLLUTION DISCHARGES IN MISSISSIPPI

FROM:  U.S. ENVIRONMENTAL PROTECTION AGENCY 

Major Egg Producer to Reduce Water Pollution Discharges at Mississippi Facility

Release Date: 04/13/2015

WASHINGTON - The U.S. Environmental Protection Agency (EPA) and Justice Department’s Environment and Natural Resources Division announced  a settlement with Cal-Maine Foods, Inc., one of the nation’s largest egg producers, that resolves Clean Water Act violations at the company’s poultry egg production facility in Edwards, Miss. Under the settlement, Cal-Maine will bring the facility into compliance with its state-issued water discharge permit, significantly reduce nutrient pollution discharges, and improve environmental data collection and reporting practices. The company will also pay a $475,000 penalty to be split evenly between the U.S. Federal and Mississippi governments.

“Clean Water Act violations from agricultural facilities can impair drinking water sources, transmit disease-causing bacteria, and endanger our lakes and rivers,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “When concentrated animal feeding operations discharge pollutants into U.S. waters, the law requires them to have a permit and comply with it. We’re committed to enforcing the law to protect water quality for communities like the one where this facility is located.”

“The Justice Department is committed to protecting clean water for all Americans, and ensuring large concentrated animal feeding operations are good neighbors to those communities living near them like Edwards,” said Assistant Attorney General John Cruden for the Justice Department’s Environment and Natural Resources Division. “This settlement will bring Cal-Maine into compliance with state and federal laws and cut nutrient pollution discharges into area waterways.”

“This is good news for water quality and health for the residents of Edwards by requiring that Cal-Maine's facilities operate in accordance with state and federal laws,” said U.S. Attorney Gregory K. Davis for the Southern District of Mississippi. “The settlement also represents the commitment by the Justice Department and our federal and state partners to protect water, air and land from health hazards and pollution.”

Today’s settlement, a consent decree filed in federal court in the Southern District of Mississippi Northern Division, resolves alleged violations of Cal-Maine’s Clean Water Act National Pollutant Discharge Elimination System (NPDES) permit at its facility in Edwards, Miss., a large concentrated animal feeding operation that houses more than 2 million chickens. Cal-Maine discharged pollutants from the production area into a tributary of a nearby creek without NPDES permit authorization, and applied nitrogen-laden wastewater on fields at the facility during winter months when land application was prohibited and sometimes at rates that exceeded their permit requirements. Cal-Maine also committed hundreds of water sampling, recordkeeping and reporting violations.

The facility is located in a community where close to half of the households have an annual income of less than $25,000. One of EPA's top priorities is to protect communities that are disproportionately affected by pollution.

Too much nitrogen and phosphorus in the water causes algae to grow faster than ecosystems can handle. Large growths of algae, known as algal blooms, contribute to the creation of hypoxia or “dead zones” in water bodies where oxygen levels are so low that most aquatic life cannot survive. Excessive nitrogen and phosphorus that washes into water bodies and is released into the air are often the direct result of human activities, and agricultural operations are one of the major sources of nutrient pollution.

Under the settlement, Cal-Maine is already developing and implementing: procedures for its egg production and land application areas to achieve compliance with its NPDES permit, an employee training policy, and improved recordkeeping and reporting practices. The procedures were submitted to, and reviewed and approved by EPA and Mississippi officials over the course of settlement negotiations. Cal-Maine has begun implementing these procedures and must comply with all the terms of the settlement by April 30, 2016.

Once the pollution controls required by the settlement are implemented, EPA estimates Cal-Maine will cut discharges of nitrogen by 89,000 pounds and phosphorous by 20,000 pounds per year. EPA estimates it will cost Cal-Maine approximately $418,000 to implement the settlement requirements and bring the Edwards, Miss., facility into compliance with state and federal clean water laws.

Cal-Maine Foods, Inc. and Cal-Maine Farms, Inc. merged into one corporate entity called Cal-Maine Foods, Inc., effective January 1, 2015.

This case is part of EPA’s National Enforcement Initiative to prevent animal waste from contaminating surface and ground water.

EPA ISSUES ORDER TO STOP SALE OF OXITITAN

FROM:  U.S. ENVIRONMENTAL PROTECTION AGENCY 

EPA Takes Action to Protect the Public from an Unregistered Pesticide/EPA issues order to stop the sale of OxiTitan

ATLANTA - The U.S. Environmental Protection Agency (EPA) has issued an order to EcoActive Surfaces, Inc. in Pompano Beach, Fla.; WellShield, LLC in Boca Raton, Fla.; and, BioRelief, Inc. in Fort Lauderdale, Fla. to stop the sale, use or removal of “OxiTitan.” The order includes other trade names such as “Bio Defender OxiTitan Anti-Microbial Treatment,” and any related products containing the same formulation. OxiTitan is being marketed by these companies for use in sites that include hospitals and schools.

The companies claim in advertisements and labeling that OxiTitan uses zinc nanoparticle as an active ingredient, to reduce and/or kill bacteria, viruses and fungi. The companies also make unsubstantiated efficacy claims that “OxiTitan” can last for 24 hours, 7 days a week, and as long as a year against harmful microorganisms and viruses when applied. Such public health claims can only be made on products that have been properly tested and are registered with the EPA.

Under federal pesticide law, products that contain a pesticide as an active ingredient or claim to kill or repel bacteria or germs are considered pesticides and must be registered with the EPA prior to distribution or sale. The Agency will not register a pesticide until it has been determined that it will not pose an unreasonable risk when used according to the label directions.

The EPA is committed to ensuring that products making public health claims in the marketplace meet stringent effectiveness and safety standards, since the public cannot readily determine with the naked eye the effectiveness and safety of antimicrobial pesticides. Due to potential human health implications if the pesticides are not effective or meet our safety standards, the EPA continues to place a priority on actions regarding non-complying pesticides.

UTAH COMPANY SETTLES ALLEGED CLEAN AIR ACT VIOLATIONS

FROM:  U.S. JUSTICE DEPARTMENT
Thursday, March 19, 2015
Utah-Based Washakie Renewable Energy LLC Settles Renewable Fuel Standard Violations

The Department of Justice today filed a stipulation of settlement resolving civil claims against Washakie Renewable Energy LLC (Washakie) for violations of the Renewable Fuel Program under the Clean Air Act.  The stipulation of settlement was filed in the U.S. District Court of the District of Columbia.  A complaint stating the government’s claims was filed at the same time, announced Assistant Attorney General John C. Cruden of the Justice Department’s Environment and Natural Resources Division and Assistant Administrator Cynthia Giles for the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance.

From January to October of 2010, Washakie generated more than 7.2 million renewable identification numbers (RINs) based upon its production of biodiesel at its Plymouth, Utah, facility.  During that time period, however, Washakie did not produce any biodiesel - at the Plymouth facility or anywhere else.  The biodiesel associated with the 7.2 million RINs would have accounted for a reduction of emissions equivalent to more than 30,000 metric tons of carbon dioxide.

The stipulation of settlement requires Washakie to pay a civil penalty of $3 million.  In addition to the penalty, Washakie has already retired more than 7.2 million RINs by purchasing RINs from other parties.  By doing this, Washakie tried to correct the problem it created by putting invalid RINs on the market.  In order to protect the program's integrity and maintain a level playing field for regulated companies, EPA is pursuing enforcement actions against renewable fuel producers and importers that generated invalid RINs.

“The defendant made quite a profit by failing to adhere to the requirements of the Renewable Fuel Program regulations,” said Assistant Attorney General Cruden.  “The penalty here sends the message that renewable fuel producers will be held accountable for meeting all legal requirements.  The Department of Justice remains committed to taking the profit out of illegal activity.”

“This case is another example of the EPA’s commitment to maintain the integrity of the Renewable Fuel Standard program,” said Assistant Administrator Giles.  “Making sure producers are supporting their claims with production of actual renewable fuels is critical to reducing greenhouse gas emissions that are fueling climate change.”

The Energy Independence and Security Act of 2007 expanded and strengthened the Renewable Fuel Program to encourage the blending of renewable fuels into the motor vehicle fuel supply of the U.S. and thereby reduce the nation’s dependence on foreign oil, help grow the renewable energy industry in the United States, and achieve significant greenhouse gas reductions.   Authorized renewable fuels producers and importers could generate and attach credits – known as “renewable identification numbers” or “RINs” – to renewable fuels, such as biodiesel, that they produced or imported.  Fossil fuel refiners and importers are obligated to obtain RINs each year according to the volume of fossil fuels that they put on the market.  These “obligated parties” must purchase RINs or produce them themselves and they are responsible for the acquisition of valid RINs to meet their renewable fuel quotas.  If transferred RINs are invalid, the transferees are liable for failing to satisfy their obligations.  Because certain companies need RINs to comply with regulatory obligations, RINs have market value.  A RIN is invalid if it incorrectly identifies, among other things, the production facility, or the type of fuel produced, or the volume of fuel produced and the regulations prohibit the transfer of invalid RINs.

Washakie registered with the EPA as a renewable fuel producer under the Renewable Fuel Regulations and identified its facility in Plymouth as a renewable fuel production facility.  EPA initially discovered these violations during an inspection of Washakie’s Plymouth facility in 2010.  EPA uncovered additional information concerning the violations in Washakie’s response to information requests and further investigation.  There is no evidence that Washakie produced any biodiesel anywhere during the period covered by the complaint.

ENGINE MAKER TO PAY $1.2 MILLION TO RESOLVE ALLEGED CLEAN AIR ACT VIOLATIONS

FROM:  U.S. JUSTICE DEPARTMENT 

Tuesday, March 24, 2015

MTU America Inc., Agrees to $1.2 Million Penalty and Auditing Program to Resolve Clean Air Act Violations

MTU America Inc. (MTU), a subsidiary of Rolls-Royce Power Systems AG, will implement an auditing program to ensure proper emissions testing and compliance with federal emission standards for its heavy-duty diesel non-road engines as part of a settlement to resolve alleged Clean Air Act violations, the Department of Justice and the U.S. Environmental Protection Agency (EPA) announced today.

The complaint filed with the settlement alleges that MTU violated the Clean Air Act by selling 895 non-road, heavy-duty diesel engines, which are used in mining, marine and power generation vehicles and equipment, without valid certificates of conformity.  EPA voided the certificates of conformity purporting to cover the engines based on improper emissions testing by MTU employees.  Under the settlement, MTU will pay a $1.2 million penalty and perform annual audits of its engine emission testing and certification activities for three years.  The audits will be conducted by an EPA-approved, third-party auditor that will monitor and evaluate compliance with Clean Air Act requirements for testing, certification, record-keeping and reporting.  MTU is also required to initiate corrective actions if the audit reveals non-compliance.

“Certificates of conformity are a critical part of EPA’s program to ensure that vehicles and engines meet Clean Air Act emissions standards,” said Assistant Attorney General John C. Cruden of the Department of Justice’s Environment and Natural Resources Division.  “Companies that skirt the rules in their certification testing hurt the public and their competitors.  Today’s settlement ensures that the company will adequately monitor the activities of employees involved in the certification process to prevent this kind of conduct from recurring.”

“Engines that aren’t properly certified can emit toxic pollution that aggravates asthma and other respiratory illnesses,” said Assistant Administrator Cynthia Giles of EPA’s Office of Enforcement and Compliance Assurance.  “This agreement requires that MTU take important steps to comply with the law, protect the public and reduce smog in our air.”

Every engine sold in or imported into the U.S. must be covered by a valid EPA-issued certificate of conformity.  When applying for a certificate of conformity, an applicant must certify to EPA that it followed appropriate testing, certification, record-keeping and reporting requirements to ensure its products will meet applicable federal emission standards to control air pollution.  Engines operating without proper emissions controls can emit excess carbon monoxide, hydrocarbons and nitrogen oxides, which can cause respiratory illness, aggravate asthma and contribute to the formation of ground-level ozone or smog.

Through information disclosed by the company, EPA discovered that MTU had obtained EPA certificates of conformity without conducting valid testing.  EPA learned that MTU had installed a catalytic converter onto its prototype engine during testing to reduce emissions of pollutants.  MTU had also performed maintenance during durability testing on the same engine, but had not reported this to EPA, a violation of testing regulations.

Selling or importing engines that are not covered by valid certificates of conformity is a violation of the Clean Air Act.  Based on MTU’s disclosures, EPA voided the certificates of conformity covering these engines on Feb. 23, 2015.  MTU violated the Clean Air Act by selling and importing the engines, which, because of the voiding, were not covered by a valid certificate of conformity as required by law.  MTU has worked with EPA to take steps to prevent these violations from occurring in the future.

This settlement is part of an ongoing effort by EPA to ensure that all vehicles and engines meet federal emission limits for harmful pollution.  The Clean Air Act requires that all vehicles have EPA-issued certificates of conformity prior to being imported or sold in the U.S. to demonstrate that they meet federal emission standards.

MTU America Inc. based in Novi, Michigan, and formerly known as Tognum America Inc. is a wholly-owned subsidiary of Rolls-Royce Power Systems AG, a German corporation. MTU manufactures non-road, off-highway engines for the North American market for locomotive, marine, construction and defense uses.

$5.15 BILLION SETTLEMENT REACHED TO CLEANUP CONTAMINATED LAND

FROM:  U.S. JUSTICE DEPARTMENT

Friday, January 23, 2015

Historic $5.15 Billion Environmental and Tort Settlement with Anadarko Petroleum Corp. Goes into Effect

A historic settlement reached with Anadarko Petroleum Corp. and Kerr McGee has gone into effect, allowing funds to be disbursed for cleanups across the country, announced Assistant Attorney General John C. Cruden for the Department of Justice’s Environment and Natural Resources Division, U.S. Attorney Preet Bharara of the Southern District of New York, and Assistant Administrator Cynthia Giles of the U.S. Environmental Protection Agency (EPA).

This settlement resolves fraudulent conveyance claims brought by the United States and the Anadarko Litigation Trust, the trust against Anadarko Petroleum Corporation and its affiliates, the defendants, in the bankruptcy of Tronox Inc. and its subsidiaries.  Today, pursuant to the settlement agreement, the defendants paid $5.15 billion, plus interest, to the trust.  The trust is expected to distribute more than $4.4 billion to fund environmental clean-up and for environmental claims.  The settlement constitutes the largest payment for the clean-up of environmental contamination ever obtained in a lawsuit brought by the Department of Justice.

 “This recovery will lead to cleanups across the country that will undo lasting damage to the environment, including contamination of tribal lands, by Kerr-McGee’s businesses,” said Assistant Attorney General Cruden.  “This result emphatically demonstrates the Justice Department’s commitment to environmental justice for all Americans, and it fulfills the department’s promise to hold accountable those who pollute and those who try to foist their responsibility for cleanup on the American taxpayer.”

“The Kerr-McGee Corporation spent decades despoiling our nation’s natural resources, leaving a toxic legacy for communities across the nation, from Sidney, New York, to the Navajo nation,” said U.S. Attorney Bharara.  “Then, Kerr-McGee tried to escape the consequences of its misdeeds by transferring its most valuable assets to affiliates, leaving an insolvent shell behind, unable to pay its environmental liabilities.  As today’s historic payment shows, the government will not allow polluters to escape paying for the damage they inflict on our land, water and people, and we will hold accountable those who attempt to shield themselves from responsibility behind improper corporate transactions.”

“If you pollute the environment, you should be responsible for cleaning it up,” said EPA Assistant Administrator Giles.  “From the Navajo Nation to low income neighborhoods across America, more than $4.4 billion will be put to work cleaning up toxic pollution.  This historical environmental cleanup will have a lasting impact on American communities.”

As noted by U.S. District Judge Katherine B. Forrest, in approving the settlement in November, this case arises from a “series of transactions by the Kerr-McGee Corp. that resulted in the spin-off of Tronox, which Kerr-McGee left saddled with the massive environmental and tort liabilities it had accumulated over the course of decades of operating in the chemical, mining, and oil and gas industries, but without sufficient assets with which to address these liabilities.”  For this reason, as the district court explained, both the United States and the Tronox estate, now represented by the trust, brought fraudulent conveyance claims against the defendants.

On April 3, 2014, the United States announced this settlement resolving the claims against the defendants, which was then subject to a period of public comment and judicial approval.  After receiving and considering comments from the public, the United States sought approval of the settlement agreement, and on Nov. 10, 2014, the district court approved the settlement as “fair and reasonable.”  The deadline for any appeals from the district court’s decision passed on Jan. 20, 2015, without any appeals having been taken and therefore the settlement agreement went into effect on Jan. 21, 2015.

Today, under the settlement agreement, the defendants paid $5.15 billion, plus interest from Apr. 3, 2014, to the trust.  Pursuant to the terms of prior agreements in the Tronox bankruptcy, the government estimates that more than $4.4 million of this recovery will be paid to the United States, state governments, the Navajo nation and four environmental response trusts created in the bankruptcy to clean up contaminated property.  An estimated more than $600 million will be paid to a trust created to pay tort victims.

This case was handled by the Environmental Protection Unit and the Tax and Bankruptcy Unit of the Office’s Civil Division.  Assistant U.S. Attorney Robert William Yalen is in charge of the case, which he handled along with Assistant U.S. Attorney Joseph Pantoja and Alan S. Tenenbaum, Katherine Kane, Frederick S. Phillips, Marcello Mollo, and Erica Pencak of the Department of Justice’s Environment and Natural Division. Resources

DOJ, EPA, WVDEP SETTLE CLEAN WATER ACT VIOLATIONS CASE WITH TRANS ENERGY INC.,

FROM:  U.S. JUSTICE DEPARTMENT 

Tuesday, September 2, 2014

Trans Energy Inc. to Restore Streams and Wetland Damaged by Natural Gas Extraction Activities in West Virginia

Company Will Also Pay $3 Million Civil Penalty to Resolve Alleged Clean Water Act Violations

The Department of Justice, the U.S. Environmental Protection Agency (EPA) and the West Virginia Department of Environmental Protection (WVDEP) today announced a settlement with   Trans Energy Inc., requiring the oil and gas company to restore portions of streams and wetlands at 15 sites in West Virginia that were polluted by the company’s unauthorized discharge of dredge or fill material.   Trans Energy will pay a penalty of $3 million to be divided equally between the federal government and the WVDEP.   The Clean Water Act requires a company to obtain a permit from EPA and the U.S. Army Corps of Engineers prior to discharging dredge or fill material into wetlands, rivers, streams and other waters of the United States.

“Today’s agreement requires that Trans Energy take important steps to comply with state and federal laws that are critical to protecting our nation’s waters, wetlands and streams,” said Sam Hirsch, Acting Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division.  “We will continue to ensure that the development of our nation’s domestic energy resources, including through the use of hydraulic fracturing techniques, complies with the Clean Water Act and other applicable federal laws.”

“As part of our commitment to safe development of domestic energy supplies, EPA is working to protect wetlands and local water supplies on which communities depend,” said Cynthia Giles, Assistant Administrator of EPA’s Office of Enforcement and Compliance Assurance.   “By enforcing environmental laws, we’re helping to ensure a level playing field for responsible businesses."

In addition to the penalty, the company will reconstruct impacted aquatic resources or otherwise address impacts at each of the 15 sites, provide appropriate compensatory mitigation for impacts to streams and wetlands, and implement a comprehensive compliance program to ensure future compliance with Section 404 of the Clean Water Act and applicable state law.   Among other requirements, the company will work to ensure that all aquatic resources are identified prior to starting work on any future projects in West Virginia, and that appropriate consideration is given at the design stage to avoid and minimize impacts to aquatic resources.   It is estimated that Trans Energy will spend more than $13 million to complete the restoration and mitigation work required by the consent decree.

The federal government and the WVDEP allege that the company impounded streams and discharged sand, dirt, rocks and other materials into streams and wetlands without a federal permit in order to construct well pads, impoundments, road crossings and other facilities related to natural gas extraction.   The government alleges that the violations impacted approximately 13,000 linear feet of stream and more than an acre of wetlands.

Filling wetlands illegally and damming streams can result in serious environmental consequences.   Streams, rivers and wetlands benefit the environment by reducing flood risks, filtering pollutants, recharging groundwater and drinking water supplies, and providing food and habitat for aquatic species.

EPA discovered the violations in 2011 and 2012 through information provided by WVDEP and the public, and through routine field inspections.   In summer 2014, the company conducted an internal audit and ultimately disclosed to EPA alleged violations at eight additional locations, which are also being resolved through this Consent Decree.

The settlement also resolves alleged violations of state law brought by the WVDEP.

DOJ SAYS TRANS ENERGY INC. WILL RESTORE STREAMS, WETLANDS DAMAGED BY NATURAL GAS EXTRACTION

FROM:  U.S. JUSTICE DEPARTMENT 

Tuesday, September 2, 2014

Trans Energy Inc. to Restore Streams and Wetland Damaged by Natural Gas Extraction Activities in West Virginia

Company Will Also Pay $3 Million Civil Penalty to Resolve Alleged Clean Water Act Violations

The Department of Justice, the U.S. Environmental Protection Agency (EPA) and the West Virginia Department of Environmental Protection (WVDEP) today announced a settlement with   Trans Energy Inc., requiring the oil and gas company to restore portions of streams and wetlands at 15 sites in West Virginia that were polluted by the company’s unauthorized discharge of dredge or fill material.   Trans Energy will pay a penalty of $3 million to be divided equally between the federal government and the WVDEP.   The Clean Water Act requires a company to obtain a permit from EPA and the U.S. Army Corps of Engineers prior to discharging dredge or fill material into wetlands, rivers, streams and other waters of the United States.

“Today’s agreement requires that Trans Energy take important steps to comply with state and federal laws that are critical to protecting our nation’s waters, wetlands and streams,” said Sam Hirsch, Acting Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division.  “We will continue to ensure that the development of our nation’s domestic energy resources, including through the use of hydraulic fracturing techniques, complies with the Clean Water Act and other applicable federal laws.”

“As part of our commitment to safe development of domestic energy supplies, EPA is working to protect wetlands and local water supplies on which communities depend,” said Cynthia Giles, Assistant Administrator of EPA’s Office of Enforcement and Compliance Assurance.   “By enforcing environmental laws, we’re helping to ensure a level playing field for responsible businesses."

In addition to the penalty, the company will reconstruct impacted aquatic resources or otherwise address impacts at each of the 15 sites, provide appropriate compensatory mitigation for impacts to streams and wetlands, and implement a comprehensive compliance program to ensure future compliance with Section 404 of the Clean Water Act and applicable state law.   Among other requirements, the company will work to ensure that all aquatic resources are identified prior to starting work on any future projects in West Virginia, and that appropriate consideration is given at the design stage to avoid and minimize impacts to aquatic resources.   It is estimated that Trans Energy will spend more than $13 million to complete the restoration and mitigation work required by the consent decree.

The federal government and the WVDEP allege that the company impounded streams and discharged sand, dirt, rocks and other materials into streams and wetlands without a federal permit in order to construct well pads, impoundments, road crossings and other facilities related to natural gas extraction.   The government alleges that the violations impacted approximately 13,000 linear feet of stream and more than an acre of wetlands.

Filling wetlands illegally and damming streams can result in serious environmental consequences.   Streams, rivers and wetlands benefit the environment by reducing flood risks, filtering pollutants, recharging groundwater and drinking water supplies, and providing food and habitat for aquatic species.

EPA discovered the violations in 2011 and 2012 through information provided by WVDEP and the public, and through routine field inspections.   In summer 2014, the company conducted an internal audit and ultimately disclosed to EPA alleged violations at eight additional locations, which are also being resolved through this Consent Decree.

The settlement also resolves alleged violations of state law brought by the WVDEP.

CITGO PETROLEUM CORP. TO PAY PENALTY AND IMPLEMENT PROJECTS TO REDUCE AIR POLLUTION

FROM:  U.S. ENVIRONMENTAL PROTECTION AGENCY
Thursday, September 19, 2013
Citgo Agrees to Reduce Air Pollution and Pay Penalty to Resolve Clean Air Act Violations at Two Refineries

The Department of Justice and U.S. Environmental Protection Agency (EPA) announced that Houston-based CITGO Petroleum Corp. (CITGO) has agreed to pay a $737,000 civil penalty and to implement projects to reduce harmful air pollution, resolving alleged violations of the Clean Air Act (CAA) at its petroleum refining facilities located in Lemont, Ill., and Lake Charles (Westlake), La.

In addition to the penalty, today’s settlement, lodged in U.S. District Court for the Southern District of Texas, requires that CITGO implement projects that are expected to reduce emissions of volatile organic compounds (VOCs), including toxics, by more than 100 tons over the next five years.

“The terms of this settlement require projects to significantly reduce harmful air pollution, including reductions in benzene emissions and other cancer-causing air toxics,” said Robert G. Dreher, Acting Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division.  “This agreement will benefit communities across the United States with cleaner healthier air and will bring mobile sources of pollution under control, according to the standards of the Clean Air Act.”

“Producing fuel for cars sold in the U.S. carries a requirement to meet Clean Air Act standards,” said Cynthia Giles, Assistant Administrator for EPA's Office of Enforcement and Compliance Assurance.  “The innovative technologies that CITGO is required to install will reduce the impact of its fuel production on the environment and help protect communities from harmful air pollution.”

To reduce VOC emissions, including toxics, the settlement requires that CITGO install and maintain a geodesic dome on one of the fuel storage tanks at its Lemont refinery, as well as carbon adsorption systems on two fuel storage tanks at its Lake Charles refinery.

In a complaint filed at the same time as the settlement, EPA alleged that the Lake Charles refinery produced fuel that exceeded the refinery’s annual average emissions limit for mobile source air toxics, including benzene.  EPA further alleged that CITGO failed to sample and test reformulated gasoline blendstock at its Lemont refinery, as required by the CAA.

The CAA requires that all fuel produced, imported, and sold in the United States meet certain emissions standards for harmful pollutants, such as benzene and other cancer-causing air toxics.  Air toxics emissions from vehicles and other mobile sources are of particular concern in the areas closest to where they are emitted, but can also be transported long distances, affecting the health and welfare of people in other geographic areas.  Some of these toxic compounds can persist in the environment and bioaccumulate in the food chain, further spreading their harmful effects.

The sampling, testing, recordkeeping, and reporting requirements of the fuels program provide the foundation for EPA’s compliance program.  Refiners that violate these requirements undermine the integrity of the fuels regulations and hinder the Agency’s ability to ensure gasoline complies with fuel quality and performance standards, potentially leading to an increase in harmful air pollution.  Today’s settlement supports EPA’s efforts to reduce toxic air pollution from facilities that threaten communities and the environment.

CITGO is a refiner and marketer of transportation fuels, lubricants, petrochemicals and other industrial products.  CITGO is owned by PDV America Inc., an indirect, wholly-owned subsidiary of Petróleos de Venezuela, S.A. (PDVSA), the national oil company of the Bolivarian Republic of Venezuela.

EPA REACHES AGREEMENT WITH XTO ENERGY TO PREVENT WASTE SPILLS

FROM:  U.S. ENVIRONMENTAL PROTECTION AGENCY 
United States Reaches an Agreement with XTO Energy to Prevent Waste Spills from Natural Gas Exploration and Production

WASHINGTON - The U.S. Environmental Protection Agency and the U.S. Department of Justice announced a settlement with XTO Energy Inc., a subsidiary of Exxon Mobil Corporation, to resolve an alleged violation of the Clean Water Act (CWA) related to the discharge of wastewater from XTO’s Penn Township, Lycoming County, Pa. facility used for the storage of wastewater generated by natural gas exploration, commonly known as fracking, and production.

The federal settlement requires that XTO pay a penalty of $100,000 to the United States and spend a federal government-estimated $20 million on a comprehensive plan to improve wastewater management practices to recycle, properly dispose of, and prevent spills of wastewater generated from natural gas exploration and production activities in Pennsylvania and West Virginia. Among other things, XTO must install a continuous, remote monitoring system for all of its permanent production located throughout Pennsylvania and West Virginia with alarms that will be triggered to alert operators immediately in the event of any future spills and implement a program to actively monitor interconnected wastewater storage tanks located throughout Pennsylvania and West Virginia.

The discharge was discovered by the Pennsylvania Department of Environmental Protection (PADEP) during an inspection of the Penn Township facility, where a PADEP inspector observed wastewater spilling from an open valve from a series of interconnected tanks. At the time, XTO stored wastewater generated from energy extraction activities conducted throughout Pennsylvania at its Penn Township facility and, at the time of the release, stored produced fluid from its operations in the area.

Pollutants from the release were found in a tributary of the Susquehanna River basin. EPA, in consultation with PADEP, conducted an investigation and determined that wastewater stored in the tanks at the Penn Township facility contained the same variety of pollutants, including chlorides, barium, strontium, and total dissolved solids, that were observed in those surface waters.

“Today’s settlement holds XTO accountable for a previous violation of the Clean Water Act and requires operational changes and improved management practices to help ensure the safe and responsible handling of wastewater produced during natural gas exploration and production activities,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “The Justice Department is committed to ensuring that our natural resources are developed in an environmentally responsible manner.”

Under the settlement with the United States, the substantial improvements to XTO’s wastewater management are estimated by the federal government to reduce discharges of total dissolved solids by 264 million pounds over the course of the next three years. These reductions will occur in large part because XTO will increase wastewater recycling and will properly dispose of wastewaters generated by its natural gas activities across the mid-Atlantic region. In addition XTO will implement a region-wide program of operational best management practices which include: secondary containment for tanks used to store wastewater, improved standard operating procedures designed to reduce the risk of a spill, a prohibition on using pits or open-top tanks to store wastewater which will prevent air emissions, remote monitoring of tank volumes to prevent overfilling and spills, and proper signage on all tanks with safety information and a manned, 24-hour emergency phone number.

“The operational improvements required by today’s settlement will help to protect precious surface and drinking water resources in Pennsylvania and West Virginia,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “EPA continues to push for responsible development of domestic sources of energy and to insist that companies play by the rules that protect public health.”

“This consent decree establishes a program of best practices that should be a model for the industry and, if followed, will give a level of assurance to the people of the Commonwealth that their waters will be protected. This settlement is in the long-term best interest of the taxpayers, the industry, and our children,” stated Peter J. Smith, U.S. Attorney for the Middle District of Pennsylvania.

Untreated discharges of wastewaters from natural gas exploration and production activities typically contain high levels of total dissolved solids and other pollutants and can adversely impact fresh water aquatic life and drinking water quality.

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

SHELL OIL AGREES TO SPEND OVER $115 MILLION TO RESOLVE ALLEGED CLEAN AIR ACT VIOLATIONS

FROM:  U.S. ENVIRONMENTAL PROTECTION AGENCY 

Shell Oil To Spend Over $115 Million to Reduce Harmful Air Pollution at Houston Area Refinery And Chemical Plant

WASHINGTON - The Department of Justice and the U.S. Environmental Protection Agency (EPA) announced today that Shell Oil and affiliated partnerships (Shell) have agreed to resolve alleged violations of the Clean Air Act at a large refinery and chemical plant in Deer Park, Texas by spending at least $115 million to control harmful air pollution from industrial flares and other processes, and by paying a $2.6 million civil penalty. Shell has agreed to spend $1 million on a state-of-the-art system to monitor benzene levels at the fenceline of the refinery and chemical plant near a residential neighborhood and school and to make the data available to the public through a website.

Shell will spend $100 million on innovative technology to reduce harmful air pollution from industrial flares, which are devices used to burn waste gases. Shell is required to take the following actions to improve flaring operations: minimize flaring by recovering and recycling waste gases (which may then be reused by Shell as a fuel or product); comply with limitations on how much waste gas can be burned in a flare (flare caps); and install and operate instruments and monitoring systems to ensure that gases that are sent to flares are burned with 98% efficiency. Shell’s agreement to recover and recycle waste gases (flare gas recovery) at its chemical plant is a first of its kind.

Once fully implemented, the pollution controls required by the settlement will reduce harmful air emissions of sulfur dioxide, volatile organic compounds (VOCs), including benzene, and other hazardous air pollutants by an estimated 4,550 tons or more per year. These controls will also reduce emissions of greenhouse gases by approximately 260,000 tons per year.

“The innovative emission controls required by today’s settlement will cut harmful air pollution in communities near Houston,” said Cynthia Giles, assistant administrator of EPA’s Office of Enforcement and Compliance Assurance. “This case is part of EPA’s nationwide enforcement effort to protect fenceline neighborhoods by significantly reducing toxic pollution from flares and making information about pollution quickly available to affected communities.”

“This settlement will result in substantial reductions in toxic air pollution through state of the art technology and increased efficiencies at the Deer Park plant,” said Acting Assistant Attorney General Robert G. Dreher of the Justice Department’s Environment and Natural Resources Division. “This agreement will bring Shell Oil’s refinery and chemical plant in Deer Park into compliance with the nation’s Clean Air Act and result in cleaner, healthier air for residents in the local communities for many years to come.”

The settlement was filed at the same time DOJ filed a complaint on behalf of EPA
alleging, among other things, that the company improperly operated its 12 steam-assisted flaring devices in such a way that excess VOCs, including benzene and other hazardous air pollutants, were emitted.

In addition to reducing pollution from flares, Shell will significantly modify its wastewater treatment plant; replace and repair tanks as necessary; inspect tanks biweekly with an infrared camera to better identify potential integrity problems that may lead to leaks; and implement enhanced monitoring and repair practices at the benzene production unit. When fully implemented, these specific projects are estimated to cost between $15 and $60 million.

Also, in a second project to benefit the community, Shell has agreed to spend $200,000 on retrofit technology to reduce diesel emissions from government-owned vehicles which operate in the vicinity of the Deer Park complex.

These actions will cut emissions of pollutants that can cause significant harm to public health. Exposure to high concentrations of sulfur dioxide can affect breathing and aggravate existing respiratory and cardiovascular disease. VOCs are a key component in the formation of smog or ground-level ozone, a pollutant that irritates the lungs, exacerbates diseases such as asthma, and can increase susceptibility to respiratory illnesses, such as pneumonia and bronchitis. Chronic exposure to benzene, which EPA classifies as a carcinogen, can cause numerous health impacts, including leukemia and adverse reproductive effects in women.

Today’s settlement is part of EPA’s national effort to reduce emissions of toxic air pollutants, with a particular focus on industrial flares. These requirements focus on reducing the amount of waste gas sent to flares and on improving flare operations, both of which work to reduce toxic emissions. Improper operation of an industrial flare can send hundreds of tons of hazardous air pollutants into the air. The more waste gas a company sends to a flare, the more pollution occurs. The less efficient a flare is in burning waste gas, the more pollution occurs. EPA wants companies to flare less, and when they do flare, to fully burn the harmful chemicals found in the waste gas.

Shell, which is headquartered in Houston, processes approximately 330,000 barrels per day of crude oil at its Deer Park facility, making it the 11th largest refinery in the United States. In addition, the Deer Park chemical plant produces approximately 8,000 tons per day of products that include ethylene, benzene, toluene, xylene, phenol, and acetone. Both the chemical plant and the refinery operate 24 hours a day, 365 days a year.

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

KING PHARMACEUTICALS LC RESOLVES ALLEGATIONS OF CLEAN AIR ACT VIOLATIONS

FROM: U.S. DEPARTMENT OF JUSTICE
Friday, June 28, 2013

United States and Tennessee Reach Agreement with King Pharmaceuticals LLC to Resolve Allegations of Clean Air Act Violations

King Pharmaceuticals LLC (King) will pay $2.2 million and take measures to comply with the Clean Air Act to resolve alleged violations of the Clean Air Act (CAA) at its pharmaceutical manufacturing facility located in Bristol, Tenn., announced the Department of Justice, the U.S. Environmental Protection Agency (EPA), and the Tennessee Department of Environment and Conservation (TDEC).


From the $2.2 million civil penalty, $1.1 million will be paid to the United States and $1.1 million will be paid to TDEC. From TDEC’s $1.1 million penalty, $650,000 will be applied to a TDEC state project for homeowners. The settlement also requires the facility to demonstrate compliance with CAA National Emission Standards for Pharmaceuticals Production (PharmaMACT regulations) and to apply for a Title V permit. The PharmaMACT regulations impose "Maximum Achievable Control Technology" (MACT) standards, which are industry-specific measures that must be implemented to control hazardous air pollutants in order to prevent harm to human health or the environment.


The TDEC state project calls for implementation of a program dedicated to providing financial assistance to low-to-moderate income homeowners in making improvements to residential housing focused on weatherization, insulation and energy efficiency. This project will focus on the reduction of energy usage and decreasing emissions associated with the generation of electricity or use of fossil fuels in home heating. TDEC plans to use existing local programs in the Bristol area to identify and channel assistance to eligible homeowners.

"This settlement will protect public health and the environment by requiring additional hazardous air pollution controls at the pharmaceutical facility in Bristol," said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. "This significant civil penalty should send a strong signal to the pharmaceutical industry regarding our commitment to enforce PharmaMACT."

"Upholding the public health benefits of the Clean Air Act is a critical responsibility of EPA," said Beverly H. Banister, Acting Deputy Regional Administrator of EPA’s Southeastern office. "This settlement will result in better management practices that will ultimately lead to greater protection of public health and the environment for the citizens of Bristol."

"The Tennessee Department of Environment and Conservation is pleased the proposed settlement could be reached in this litigation to address air emissions and permitting requirements, and that the facility will move forward to meet those requirements," said TDEC Commissioner Bob Martineau. "Additionally, the state project included in the settlement will promote emission reductions by reducing the energy needs of low-income residents in the area."

King began pharmaceutical manufacturing operations at the Bristol facility in 1993. King was acquired by Pfizer Inc. in 2011, becoming a wholly owned subsidiary of Pfizer. On May 29, 2013, UPM Pharmaceuticals announced that it will acquire the Bristol facility. The sale of the facility will not affect the injunctive relief required by the settlement. The alleged violations were discovered during a May 2006 inspection and subsequent investigation by EPA and TDEC. The United States and the state of Tennessee jointly brought the complaint.

The Department of Justice filed the complaint and lodged the consent decree contemporaneously on behalf of EPA in the U.S. District Court for the Eastern District of Tennessee today. Notice of the lodging of the consent decree will appear in the Federal Register allowing for a 30-day public comment period before the consent decree can be entered by the court as a final judgment.

EPA SETTLES WITH ASH GROVE CEMEMNT CORPORATION OVER AIR EMISSIONS

FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY

Settlement with Ash Grove Cement Corporation to Reduce Thousands of Tons of Air Emissions

WASHINGTON – Ash Grove Cement Company has agreed to pay a $2.5 million penalty and invest approximately $30 million in pollution control technology at its nine Portland cement manufacturing plants to resolve alleged violations of the Clean Air Act, announced the U.S. Environmental Protection Agency (EPA) and the Department of Justice.

Today’s agreement will reduce more than 17,000 tons of harmful nitrogen oxides (NOx) and sulfur dioxide (SO2) pollution each year across plants located in Foreman, Ark.; Inkom, Idaho; Chanute, Kan.; Clancy, Mont.; Louisville, Neb.; Durkee, Ore.; Leamington, Utah; Seattle, Wash.; and Midlothian, Texas.

"Today’s settlement will reduce air pollution that can harm human health and contribute to acid rain, haze, and smog," said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. "The new stringent limits on emissions will lead to less pollution and better air quality for communities across the country."

"This significant settlement will achieve substantial reductions in air pollution from Ash Grove’s Portland cement manufacturing facilities and benefit the health of communities across the nation," said Acting Assistant Attorney General Robert G. Dreher. "The agreement reflects the Justice Department’s ongoing commitment to protecting public health and the environment and will bring Ash Grove’s entire system into full compliance with the nation’s Clean Air Act."

In addition, Ash Grove has agreed to spend $750,000 to mitigate the effects of past excess emissions from several of its facilities.

The settlement requires Ash Grove to meet stringent emission limits and install and continuously operate modern technology to reduce NOx, SO2, and particulate matter (PM). Ash Grove is required to reduce NOx emissions at nine kilns, some of which will have the lowest emission limits of any retrofit control system in the country. In addition, modern pollution controls must be installed on every kiln to reduce PM emissions, and on several kilns to reduce SO2 emissions.

In addition, at its Texas facility, Ash Grove will shut down two older, inefficient kilns, while a third will be replaced with a cleaner, newly reconstructed kiln.

Ash Grove will also spend $750,000 on a project to replace old diesel truck engines at its facilities in Kansas, Arkansas, and Texas, which are estimated to reduce smog-forming nitrogen oxides by approximately 27 tons per year.

The settlement is part of EPA’s national enforcement initiative to control harmful air pollution from the largest sources of emissions, including portland cement manufacturing facilities. This is also the first settlement with a cement manufacturer that requires injunctive relief and emission limits for PM. SO2 and NOx, two key pollutants emitted from cement plants, can harm human health and are significant contributors to acid rain, smog, and haze. These pollutants are converted in the air into fine particles of particulate matter that can cause severe respiratory and cardiovascular impacts, and premature death.

Eight states and one local agency have joined the United States in the settlement, including: Arkansas, Idaho, Kansas, Montana, Nebraska, Oregon, Utah, Washington, and the Puget Sound Clean Air Agency.

COMPANY RESOLVES ALLEGED CLEAN AIR ACT VIOLATIONS WITH EPA AND LDEQ.

FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
United States Takes Action to Reduce Hazards from Phosphoric Acid Manufacturing at Louisiana Facility

WASHINGTON –The U.S. Environmental Protection Agency (EPA) and the Louisiana Department of Environmental Quality (LDEQ) announced that PCS Nitrogen has agreed to reduce air emissions from phosphoric acid production at its facility in Geismar, La.

"Reducing pollution from mining and mineral processing operations is one of EPA’s national enforcement initiatives because these facilities release more toxic chemicals than any other sector," said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. "This settlement will reduce millions of pounds of hazardous air pollutants, ensuring that the residents of Geismar Louisiana have cleaner air."

The settlement resolves PCS’s alleged Clean Air Act violations at its cooling tower operations, which use scrubbers to control air emissions from its phosphoric acid processing equipment. Under the settlement, PCS will prevent the release of 15 million pounds of hydrogen fluoride, a hazardous air pollutant annually and will pay a civil penalty of $198,825.30. PCS has already implemented the pollution controls sought in the settlement.

Mining and mineral processing facilities generate more toxic and hazardous waste than any other industrial sector, based on EPA’s Toxic Release Inventory. In a national enforcement effort, EPA has focused on the phosphoric acid industry because of the high risk of groundwater contamination from facility wastewaters to nearby areas, and the release of acidic wastewaters to local rivers and lakes that cause fish kills. Examples include a 65 million gallon release of acidic wastewaters from the Mosaic Riverview facility into Tampa Bay, which led to a massive local fish kill and a 2007 incident at the Agrifos phosphoric acid facility in Houston that released 50 million gallons of acidic wastewaters into the Houston Ship Channel. Since 2003, EPA has investigated a total of twenty phosphoric acid facilities in seven states.

The consent decree is subject to a 30 day public comment period.

NINE SITES ADDED TO SUPERFUND'S NATIONAL PRIORITIES LIST

FROM: ENVIRONMENTAL PROTECTION AGENCY
EPA Adds Nine Hazardous Waste Sites to Superfund’s National Priorities List

Agency also proposes to add an additional nine sites

WASHINGTON - Today the U.S. Environmental Protection Agency (EPA) is adding nine hazardous waste sites that pose risks to people’s health and the environment to the National Priorities List (NPL) of Superfund sites. EPA is also proposing to add another nine sites to the list. Superfund is the federal program that investigates and cleans up the most complex, uncontrolled or abandoned hazardous waste sites in the country to protect people’s health and the environment.

"Sites that pose serious risks to human health and the environment and warrant Superfund attention continue to be identified by EPA and our state partners," said Mathy Stanislaus, assistant administrator for EPA’s Office of Solid Waste and Emergency Response. "EPA continues to act on its statutory obligation to update the NPL annually and clean up hazardous sites to protect human health with the goal of returning them to communities for productive use. Superfund cleanups improve local economies, protect people’s health and improve overall quality of life in affected communities."

A site’s listing neither imposes a financial obligation on EPA nor assigns liability to any party. Updates to the NPL do, however, provide policymakers and the public with a list of high priority sites, serving to identify the size and nature of the nation’s cleanup challenges.

The Superfund program has provided important benefits for people and the environment since Congress established the program in 1980.Those benefits are both direct and indirect, and include reduction of threats to human health and ecological systems in the vicinity of Superfund sites, improvement of the economic conditions and quality of life in communities affected by hazardous waste sites, prevention of future releases of hazardous substances, and advances in science and technology.

By eliminating or reducing real and perceived health risks and environmental contamination associated with hazardous waste sites, Superfund actions frequently convert contaminated land into productive local resources and increase local property values. A recent study conducted by researchers at Duke and Pittsburgh Universities concluded that, while a site’s proposal to the NPL reduces property values slightly, making a site final on the NPL begins to increase property values surrounding Superfund sites. Furthermore, the study found that, once a site has all cleanup remedies in place, surrounding properties have a significant increase in property values as compared to pre-NPL proposal values.

Since 1983, EPA has listed 1,685 sites on the NPL. At 1,145 or 68 percent of NPL sites, all cleanup remedies are in place. Approximately 610 or 36 percent of NPL sites have all necessary long-term protections in place, which means EPA considers the sites protective for redevelopment or reuse.

With all NPL sites, EPA first works to identify companies or people responsible for the contamination at a site, and requires them to conduct or pay for the cleanup. For the newly listed sites without viable potentially responsible parties, EPA will investigate the full extent of the contamination before starting significant cleanup at the site. Therefore, it may be several years before significant EPA clean up funding is required for these sites.

The following nine sites have been added to the NPL:

• Macon Naval Ordnance Plant (former ordnance manufacturer) in Macon, Ga.;

• Pike and Mulberry Streets PCE Plume (former dry cleaner) in Martinsville, Ind.;

• Former United Zinc & Associated Smelters (former zinc smelter) in Iola, Kan.;

• Creese & Cook Tannery (Former) (former tannery and finishing facility) in Danvers, Mass.;

• Walton & Lonsbury Inc. (former chrome plating operation) in Attelboro, Mass.;

• Matlack, Inc. (former chemical transportation business) in Woolwich Township, N.J.;

• Riverside Industrial Park (former paint manufacturer) in Newark, N.J.;

• Clinch River Corporation (former pulp and paper mill) in Harriman, Tenn.; and

• 700 South 1600 East PCE Plume (ground water plume) in Salt Lake City, Utah.

The following nine sites have been proposed for addition to the NPL:

• Beck’s Lake (former automotive and hazardous waste dump) in South Bend, Ind.;

• Garden City Ground Water Plume (ground water plume) in Garden City, Ind.;

• Keystone Corridor Ground Water Contamination (ground water plume) in Indianapolis, Ind;

• Smurfit-Stone Mill (former pulp and paper mill) in Missoula, Mont.;

• Cristex Drum (former fabric mill) in Oxford, N.C.;

• Hemphill Road TCE (former chemical drum recycling) in Gastonia, N.C.;

• Collins & Aikman Plant (Former) (former automotive rubber manufacturer) in Farmington, N.H.;

• Wilcox Oil Company (former oil refinery) in Bristow, Okla.; and

• Makah Reservation Warmhouse Beach Dump (municipal and hazardous waste dump) in Neah Bay, Wash.


EPA is also proposing to change the name of the B.F. Goodrich site in Rialto, Cal., which EPA added to the NPL on September 23, 2009 (74 FR 48412). A settling work party has requested that EPA propose changing the site’s name to Locust Avenue; the proposed change is consistent with the terms of a consent decree lodged with the court and informs the public of the site’s geographic location.

EPA CHANGES SCIENTIFIC REVIEW CONFLICT OF INTEREST PROCESS

FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY

EPA Strengthens Conflict of Interest Review Process for Science Review Panels

WASHINGTON — The U.S Environmental Protection Agency (EPA) today announced that it has improved its conflict of interest review process for contractor-managed peer reviews. EPA has put a new oversight process in place to ensure that contractors follow all existing conflicts of interest guidance and requirements. In addition, EPA will now ensure that the public has the opportunity to review and comment on a peer review panel’s composition when influential scientific documents are being considered.

"We are committed to scientific integrity at EPA," said EPA Acting Administrator Bob Perciasepe. "Improving the contract-managed peer review process and increasing transparency will lead to stronger science at the agency."

This revised process will apply to all future technical documents designated as Influential Scientific Information or Highly Influential Scientific Assessments where independent peer reviews will be conducted by panels selected and managed by independent contractors. For future peer review panels, EPA will now publish the names, principal affiliations and resumes of candidates being considered for the panel. Members of the public will be able to provide comments on the candidates for a period of at least three weeks.

After selecting the final peer review panel, the contractor will consult with EPA to review whether the contractor followed existing conflicts of interest guidance and requirements, and identify and provide input on any issues. In addition, the names of the final peer review panel members will be posted publicly before the meeting takes place. This process will ensure that existing conflicts of interest guidance and requirements are applied correctly and where a potential conflict of interest is identified, allow EPA to determine whether the contractor’s plan to address the conflict is acceptable. The new process does not change EPA’s existing standards for determining conflicts of interest.

ACTIONS ANNOUNCED FOR VIOLATIONS OF LEAD RENOVATION, REPAIR AND PAINTING RULE

FROM: ENVIRONMENTAL PROTECTION AGENCY

EPA Takes Action Against Violators of the Lead Renovation, Repair and Painting Rule

WASHINGTON – Today, EPA announced 17 enforcement actions for violations of the Lead Renovation, Repair and Painting rule (RRP).

The RRP rule protects homeowners and tenants from dangerous lead dust that can be left behind after common renovation, repair, and painting work. It requires that contractors and subcontractors be properly trained and certified, and use lead-safe work practices to ensure that lead dust is minimized. Lead exposure can cause a range of health effects, from behavioral problems and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing.


"Using lead-safe work practices is good business and it’s the law," said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. "EPA is taking action to enforce lead rules to protect people from exposure to lead and to ensure a level playing field for contractors that follow the rules."

The enforcement actions address serious violations of the RRP rule, including fourteen actions where the contractor failed to obtain certification prior to performing or offering to perform renovation activities on pre-1978 homes, where lead is more likely to be present. Other alleged violations included failure to follow the lead-safe work practices, which are critical to reducing exposure to lead-based paint hazards.

The 17 enforcement actions listed below include 14 administrative settlements assessing civil penalties of up to $23,000. These settlements also required the contractors to certify that they had come into compliance with the requirements of the RRP rule. Additionally, EPA filed three administrative complaints seeking civil penalties of up to the statutory maximum of $37,500 per violation. As required by the Toxic Substances Control Act, a company or individual’s ability to pay a penalty is evaluated and penalties are adjusted accordingly.

Enforcement actions:

• Groeller Painting, Inc. of St. Louis, Missouri.
• Albracht Permasiding and Window, Co. of Omaha, Nebraska.
• Midwest College Painters, LLC of Bloomfield Hills, Michigan.
• ARK Property Investments, LLC of Richmond, Indiana.
• Henderson & Associates Services of Largo, Florida.
• Home Resources Management, LLC of Columbia, Tennessee.
• Camaj Interiors & Exteriors of Jacksonville, Florida.
• Cherokee Home Improvements, LLC of Church Creek, Maryland.
• Window World of Harford located in Belair, Maryland.
• EA Construction and General Contracting of West Chester, Pennsylvania.
• Roman Builders of Morton, Pennsylvania.
• Accolade Construction Group, Inc. of New York, New York.
• PZ Painting of Springfield, New Jersey.
• Creative Renovations of Brooklyn, New York.
• Reeson Construction of Webster, New Hampshire.
• New Hampshire Plate Glass Corporation of Portsmouth, New Hampshire.
• CM Rogers Handyman of Manchester, New Hampshire.

JUSTICE ANNOUCES AIR EMISSIONS SETTLEMENT WITH WISCONSIN UTILITIES

FROM: U.S. JUSTICE DEPARTMENT
Monday, April 22, 2013
Clean Air Act Settlement with Wisconsin Utilities to Reduce Emissions by More Than 50,000 Tons Annually

The Department of Justice, the U.S. Environmental Protection Agency (EPA), and the United States Attorney’s Office for the Western District of Wisconsin announced a Clean Air Act (CAA) settlement with Wisconsin Power and Light Company (WPL) that will significantly reduce air pollution from three coal-fired power plants located near Portage, Sheboygan, and Cassville, Wis.

WPL operates the plants that are covered by the settlement, and the other defendants, Wisconsin Public Service Corporation (WPSC), Madison Gas and Electric Company, and Wisconsin Electric Power Company, are co- and former owners of the units. WPL and its co-defendants agreed to invest more than $1 billion in pollution control technology, spend a total of $8.5 million on environmental mitigation projects, and pay a civil penalty of $2.45 million to resolve alleged violations of the CAA.

"This settlement will improve air quality in Wisconsin and downwind areas by significantly reducing releases of sulfur dioxide, nitrogen oxide and other harmful pollutants," said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. "This agreement also demonstrates the Justice Department’s commitment to enforcing the New Source Review provisions of the Clean Air Act, which help ensure clean air for those communities affected by large sources of air pollution."

"EPA is committed to protecting communities by 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 required under this agreement will ensure that the people of Wisconsin and neighboring states have cleaner, healthier air."

"One of the many things that makes Wisconsin special is our clean air," said John W. Vaudreuil, United States Attorney for the Western District of Wisconsin. "With this settlement, the facilities’ owners are held accountable and required to mitigate the harm caused by their unlawful pollution of Wisconsin’s air. Cleaner air protects the health of our citizens, our forests, crops, and water, and all of us who treasure Wisconsin’s clean environment. The United States Attorney’s Office for the Western District of Wisconsin is committed to taking a leadership role in protecting the environment in Wisconsin."

Under the settlement, the defendants must install new pollution control technology on the three largest units, continuously operate the new and existing pollution controls, and comply with stringent pollutant emission rates and annual tonnage limitations. The settlement also requires WPL and WPSC to permanently retire, refuel or repower four additional coal-fired units at the Edgewater and Nelson Dewey plants. The actions taken to comply with this settlement will result in annual reductions of sulfur dioxide (SO2), oxides of nitrogen (NOx) and particulate matter (PM) of approximately 54,000 tons from 2011 levels. This settlement covers all seven coal-fired boilers at the Columbia, Edgewater, and Nelson Dewey power plants.

The settlement also requires the defendants to spend $8.5 million on projects that will benefit the environment and human health in communities located near the facilities, including $260,500 to the U.S. Forest Service and $260,500 to the National Park Service, to be used on projects to address the damage done from the emissions. The remaining $7.479 million will be spent on a combination projects, including up to $2.1 million on land acquisition and restoration; up to $5 million on a long term major solar photovoltaic (PV) power purchase agreement or a solar PV panels installation project; and up to $2 million on renewable energy resource enhancements for existing wind farms and hydroelectric facilities.

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 NOx, 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 the 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 the immediate region.

This is the 26th 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 CAA’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.

Sierra Club is co-plaintiff to the settlement.

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