FROM: ENVIRONMENTAL PROTECTION AGENCY
Cement Manufacturer Agrees to Reduce Harmful Air Emissions at Colorado Plant
WASHINGTON— The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) announced today that CEMEX, Inc., the owner and operator of a Portland cement manufacturing facility in Lyons, Colo., has agreed to operate advanced pollution controls on its kiln and pay a $1 million civil penalty to resolve alleged violations of the Clean Air Act (CAA).
"Today’s settlement will reduce harmful emissions of nitrogen oxides, which can have serious impacts on respiratory health for communities along Colorado’s Front Range," said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. "Cutting these emissions will also help improve environmental quality and visibility in places like Rocky Mountain National Park."
"This agreement will mean cleaner air for Colorado residents downwind of the CEMEX facility and will contribute to improved air quality in the Rocky Mountain National Park, which is one of our nation’s most cherished public spaces," said Ignacia S. Moreno, assistant attorney general for the Justice Department’s Environment and Natural Resources Division. "The settlement is part of the Justice Department’s continuing efforts, along with the EPA, to bring significant sources of air pollution within the cement manufacturing sector into compliance with the Clean Air Act."
The Department of Justice , on behalf of EPA, filed a complaint against CEMEX alleging that between 1997—2000, the company unlawfully made modifications at its Lyons plant that resulted in significant net increases of nitrogen oxide and particulate matter (PM) emissions. The complaint further alleges that these increased emissions violated the CAA’s Prevention of Significant Deterioration and Non-Attainment New Source Review requirements, which state that companies must obtain the necessary permits prior to making modifications at a facility and install and operate required pollution control equipment if modifications will result in increases of certain pollutants.
As part of the settlement, CEMEX will install "Selective Non-Catalytic Reduction" (SNCR) technology at their Lyons facility, which is an advanced pollution control technology designed to reduce nitrogen oxide emissions. This will reduce their nitrogen oxide emissions by approximately 870 to 1,200 tons of nitrigen oxide per year. The initial capital cost for installing SNCR is approximately $600,000 and the cost of injecting ammonia into the stack emissions stream, a necessary part of the process, is anticipated to be about $1.5 million 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.
Nitrogen Oxide emissions may cause severe respiratory problems and contribute to childhood asthma. These emissions also contribute to acid rain, smog, and haze which impair visibility in national parks. CEMEX’s facility is located within 20 miles of Rocky Mountain National Park, and its emissions may contribute to visibility impairment and to the nitrogen pollution problem that is affecting the park’s vegetation, water quality, and trout populations. Air pollution from Portland cement manufacturing facilities can also travel significant distances downwind, crossing state lines and creating region-wide health problems.
The proposed consent decree will be lodged with the Federal District Court for the District of Colorado, and will be subject to a 30-day public comment period.
Showing posts with label U.S. ENVIRONMENTAL PROTECTION AGENCY. Show all posts
Showing posts with label U.S. ENVIRONMENTAL PROTECTION AGENCY. Show all posts
Friday, April 19, 2013
Saturday, March 16, 2013
EPA ORDERS MORE DREDGEING OF KALAMAZOO RIVER TO CLEAN UP PIPELINE SPILL
FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
EPA Orders Enbridge to Perform Additional Dredging to Remove Oil from Kalamazoo River
CHICAGO (March 14, 2013) – The U.S. Environmental Protection Agency today issued an administrative order that requires Enbridge to do additional dredging in Michigan’s Kalamazoo River to clean up oil from the company’s July 2010 pipeline spill. EPA’s order requires dredging in sections of the river above Ceresco Dam, upstream of Battle Creek, and in the Morrow Lake Delta.
EPA has repeatedly documented the presence of recoverable submerged oil in the sections of the river identified in the order and has determined that submerged oil in these areas can be recovered by dredging. The dredging activity required by EPA’s order will prevent submerged oil from migrating to downstream areas where it will be more difficult or impossible to recover.
Enbridge has five days to respond to the order and 15 days to provide EPA with a work plan. Dredging is anticipated to begin this spring and is not expected to result in closures of the river. EPA’s order also requires Enbridge to maintain sediment traps throughout the river to capture oil outside the dredge areas.
On July 26, 2010, Enbridge reported that a 30-inch oil pipeline ruptured near Marshall, Michigan. Heavy rains caused the spilled oil to travel 35 miles downstream before it was contained.
EPA Orders Enbridge to Perform Additional Dredging to Remove Oil from Kalamazoo River
CHICAGO (March 14, 2013) – The U.S. Environmental Protection Agency today issued an administrative order that requires Enbridge to do additional dredging in Michigan’s Kalamazoo River to clean up oil from the company’s July 2010 pipeline spill. EPA’s order requires dredging in sections of the river above Ceresco Dam, upstream of Battle Creek, and in the Morrow Lake Delta.
EPA has repeatedly documented the presence of recoverable submerged oil in the sections of the river identified in the order and has determined that submerged oil in these areas can be recovered by dredging. The dredging activity required by EPA’s order will prevent submerged oil from migrating to downstream areas where it will be more difficult or impossible to recover.
Enbridge has five days to respond to the order and 15 days to provide EPA with a work plan. Dredging is anticipated to begin this spring and is not expected to result in closures of the river. EPA’s order also requires Enbridge to maintain sediment traps throughout the river to capture oil outside the dredge areas.
On July 26, 2010, Enbridge reported that a 30-inch oil pipeline ruptured near Marshall, Michigan. Heavy rains caused the spilled oil to travel 35 miles downstream before it was contained.
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.
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.
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, February 10, 2013
H. KRAMER AND CO., RESOLVES VIOLATIONS OF CLEAN AIR ACT
FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
U.S. EPA and State of Illinois announce settlement with H. Kramer; company will spend $3 million to reduce air pollution
Chicago (Jan. 31, 2013) - The U.S. Environmental Protection Agency and the State of Illinois have signed a consent decree with H. Kramer and Co., to resolve violations of the Clean Air Act and state air pollution violations at the firm’s copper smelting foundry in the Pilsen neighborhood on the southwest side of Chicago. Under the terms of the settlement, H. Kramer will spend $3 million on new state-of-the-art pollution controls for the foundry, pay a $35,000 penalty and provide $40,000 to retrofit diesel school buses operating in the neighborhood and surrounding areas with controls to reduce air emissions.
The settlement resolves the federal government’s allegations that H. Kramer failed to maintain and operate furnaces at the foundry in a manner which controls lead emissions and that the company violated the Illinois State Implementation Plan by causing or allowing releases of lead into the air. The settlement also resolves Illinois’ claims that H. Kramer’s activities at the foundry resulted in lead emissions that caused or contributed to air pollution and created danger to the public and the environment. The consent decree requires H. Kramer to install new filters and other controls on two furnaces to reduce emissions and to continue to limit production of two lead alloys until the new equipment is installed.
"This settlement will protect Pilsen residents from lead emissions from the H. Kramer foundry and prevent future violations of the Clean Air Act," said EPA Regional Administrator Susan Hedman. "Exposure to lead can impair the ability of children to learn."
"This settlement will help to dramatically reduce harmful pollution levels in the Pilsen neighborhood and to improve overall air quality in the surrounding community," Attorney General Lisa Madigan said.
On Nov. 22, 2011, EPA announced that air quality in part of Chicago’s Pilsen neighborhood exceeds the national air quality standard for lead. EPA’s determination was based on data collected from a state air quality monitor located on the roof of the Manuel Perez Jr. Elementary School. The H. Kramer facility is located in the area that violates the lead air quality standard -- which is bounded by Damen Avenue to the west, Roosevelt Road to the north, the Dan Ryan Expressway to the east and the Stevenson Expressway to the south.
The proposed settlement, lodged today in the U.S. District Court for the Northern District of Illinois, is subject to a 30-day comment period and final court approval.
U.S. EPA and State of Illinois announce settlement with H. Kramer; company will spend $3 million to reduce air pollution
Chicago (Jan. 31, 2013) - The U.S. Environmental Protection Agency and the State of Illinois have signed a consent decree with H. Kramer and Co., to resolve violations of the Clean Air Act and state air pollution violations at the firm’s copper smelting foundry in the Pilsen neighborhood on the southwest side of Chicago. Under the terms of the settlement, H. Kramer will spend $3 million on new state-of-the-art pollution controls for the foundry, pay a $35,000 penalty and provide $40,000 to retrofit diesel school buses operating in the neighborhood and surrounding areas with controls to reduce air emissions.
The settlement resolves the federal government’s allegations that H. Kramer failed to maintain and operate furnaces at the foundry in a manner which controls lead emissions and that the company violated the Illinois State Implementation Plan by causing or allowing releases of lead into the air. The settlement also resolves Illinois’ claims that H. Kramer’s activities at the foundry resulted in lead emissions that caused or contributed to air pollution and created danger to the public and the environment. The consent decree requires H. Kramer to install new filters and other controls on two furnaces to reduce emissions and to continue to limit production of two lead alloys until the new equipment is installed.
"This settlement will protect Pilsen residents from lead emissions from the H. Kramer foundry and prevent future violations of the Clean Air Act," said EPA Regional Administrator Susan Hedman. "Exposure to lead can impair the ability of children to learn."
"This settlement will help to dramatically reduce harmful pollution levels in the Pilsen neighborhood and to improve overall air quality in the surrounding community," Attorney General Lisa Madigan said.
On Nov. 22, 2011, EPA announced that air quality in part of Chicago’s Pilsen neighborhood exceeds the national air quality standard for lead. EPA’s determination was based on data collected from a state air quality monitor located on the roof of the Manuel Perez Jr. Elementary School. The H. Kramer facility is located in the area that violates the lead air quality standard -- which is bounded by Damen Avenue to the west, Roosevelt Road to the north, the Dan Ryan Expressway to the east and the Stevenson Expressway to the south.
The proposed settlement, lodged today in the U.S. District Court for the Northern District of Illinois, is subject to a 30-day comment period and final court approval.
Wednesday, February 6, 2013
SETTLEMENTS REACHED WITH KEMIRA GROUP SIBSIDIARIES IN CHEMICAL/PESTICIDE CASE
FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
EPA Announces Settlements with Company for Multiple Violations of Chemical Reporting and Pesticide Laws
WASHINGTON - The U.S. Environmental Protection Agency (EPA) announced that it reached settlements with two subsidiaries of the Kemira Group for violations of chemical and pesticide laws.
The settlement with Kemira Chemicals resolves alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act, including the sale and distribution of an unregistered pesticide, the sale and distribution of misbranded pesticides, and pesticide production reporting violations. The sale and distribution of unregistered or misbranded pesticides can cause serious illness in humans and be harmful to the environment. Under the terms of the agreement, Kemira Chemicals has corrected the alleged violations and will pay a civil penalty of $301,600.
EPA also reached an agreement with Kemira Water Solutions after an EPA inspection identified 27 violations of the Toxic Substance Control Act’s Inventory Update Reporting (IUR) rule for the 2006 reporting period. The IUR rule requires manufacturers and importers of certain chemical substances to report the production volume and location of each facility producing these chemical substances. The information collected is used to support risk screening and assessment and makes up the most comprehensive source of basic screening-level, exposure-related information on chemicals available to EPA. Kemira Water Solutions has since submitted the required information to EPA and will pay a civil penalty of $503,110.
Kemira Chemicals, Inc. and Kemira Water Solutions, Inc. are both subsidiaries of Kemira Group, a global chemical company with U.S. headquarters in Atlanta, Ga.
EPA Announces Settlements with Company for Multiple Violations of Chemical Reporting and Pesticide Laws
WASHINGTON - The U.S. Environmental Protection Agency (EPA) announced that it reached settlements with two subsidiaries of the Kemira Group for violations of chemical and pesticide laws.
The settlement with Kemira Chemicals resolves alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act, including the sale and distribution of an unregistered pesticide, the sale and distribution of misbranded pesticides, and pesticide production reporting violations. The sale and distribution of unregistered or misbranded pesticides can cause serious illness in humans and be harmful to the environment. Under the terms of the agreement, Kemira Chemicals has corrected the alleged violations and will pay a civil penalty of $301,600.
EPA also reached an agreement with Kemira Water Solutions after an EPA inspection identified 27 violations of the Toxic Substance Control Act’s Inventory Update Reporting (IUR) rule for the 2006 reporting period. The IUR rule requires manufacturers and importers of certain chemical substances to report the production volume and location of each facility producing these chemical substances. The information collected is used to support risk screening and assessment and makes up the most comprehensive source of basic screening-level, exposure-related information on chemicals available to EPA. Kemira Water Solutions has since submitted the required information to EPA and will pay a civil penalty of $503,110.
Kemira Chemicals, Inc. and Kemira Water Solutions, Inc. are both subsidiaries of Kemira Group, a global chemical company with U.S. headquarters in Atlanta, Ga.
Saturday, February 2, 2013
EPA BANNING POPULAR RAT AND MOUSE CONTROL PRODUCTS
FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY:
Action Will Prevent Thousands of Accidental Exposures Among Children Each Year
WASHINGTON – The U.S. Environmental Protection Agency is moving to ban the sale of 12 D-Con mouse and rat poison products produced by Reckitt Benckiser Inc. because these products fail to comply with current EPA safety standards. Approximately 10,000 children a year are accidentally exposed to mouse and rat baits; EPA has worked cooperatively with companies to ensure that products are both safe to use around children and effective for consumers. Reckitt Benckiser Inc., maker of D-Con brand products, is the only rodenticide producer that has refused to adopt EPA’s safety standards for all of its consumer use products.
"Moving forward to ban these products will prevent completely avoidable risks to children, said James Jones, acting assistant administrator for EPA’s Office of Chemical Safety and Pollution Prevention. "With this action, EPA is ensuring that the products on the market are both safe and effective for consumers."
The agency has worked with a number of companies during the last five years to develop safer rodent control products that are effective, affordable, and widely available to meet the needs of consumers. Examples of products meeting EPA safety standards include Bell Laboratories’ Tomcat products, PM Resources’ Assault brand products and Chemsico’s products.
The EPA requires rodenticide products for consumer use to be contained in protective tamper-resistant bait stations and prohibits pellets and other bait forms that cannot be secured in bait stations. In addition, the EPA prohibits the sale to residential consumers of products containing brodifacoum, bromadiolone, difethialone, and difenacoum because of their toxicity to wildlife.
For companies that have complied with the new standards in 2011, EPA has received no reports of children being exposed to bait contained in bait stations. EPA expects to see a substantial reduction in exposures to children when the 12 D-Con products that do not comply with current standards are removed from the consumer market as millions of households use these products each year.
Action Will Prevent Thousands of Accidental Exposures Among Children Each Year
WASHINGTON – The U.S. Environmental Protection Agency is moving to ban the sale of 12 D-Con mouse and rat poison products produced by Reckitt Benckiser Inc. because these products fail to comply with current EPA safety standards. Approximately 10,000 children a year are accidentally exposed to mouse and rat baits; EPA has worked cooperatively with companies to ensure that products are both safe to use around children and effective for consumers. Reckitt Benckiser Inc., maker of D-Con brand products, is the only rodenticide producer that has refused to adopt EPA’s safety standards for all of its consumer use products.
"Moving forward to ban these products will prevent completely avoidable risks to children, said James Jones, acting assistant administrator for EPA’s Office of Chemical Safety and Pollution Prevention. "With this action, EPA is ensuring that the products on the market are both safe and effective for consumers."
The agency has worked with a number of companies during the last five years to develop safer rodent control products that are effective, affordable, and widely available to meet the needs of consumers. Examples of products meeting EPA safety standards include Bell Laboratories’ Tomcat products, PM Resources’ Assault brand products and Chemsico’s products.
The EPA requires rodenticide products for consumer use to be contained in protective tamper-resistant bait stations and prohibits pellets and other bait forms that cannot be secured in bait stations. In addition, the EPA prohibits the sale to residential consumers of products containing brodifacoum, bromadiolone, difethialone, and difenacoum because of their toxicity to wildlife.
For companies that have complied with the new standards in 2011, EPA has received no reports of children being exposed to bait contained in bait stations. EPA expects to see a substantial reduction in exposures to children when the 12 D-Con products that do not comply with current standards are removed from the consumer market as millions of households use these products each year.
Thursday, January 10, 2013
EPA SETTLES WITH NEW CINGULAR WIRELESS REGARDING VIOLATIONS AT AT&T WIRELESS LEGACY SITES
FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
Settlement with New Cingular Wireless to Resolve Violations at Hundreds of Legacy AT&T Wireless Sites
WASHINGTON – The U.S. Environmental Protection Agency (EPA) and New Cingular Wireless (NCW) have reached an administrative settlement requiring the company to pay a civil penalty of $750,000 and spend $625,000 on environmental projects to resolve alleged reporting, planning and permitting violations at 332 legacy AT&T Wireless (AWS) sites now owned by NCW.
The violations, which occurred at AWS sites in 43 states, such as cellular towers, transmitter sites, switching stations and warehouses, included failure to comply with Emergency Planning and Community Right-to-Know Act (EPCRA) reporting requirements related to the presence of sulfuric acid and diesel fuel at sites, inadequate or no Clean Water Act (CWA) Spill Prevention, Control, and Countermeasure (SPCC) Plans, and Clean Air Act (CAA) minor source permitting requirements.
The EPCRA requirements help communities plan for emergencies involving hazardous substances, the CWA’s SPCC rule requires facilities to have oil spill prevention, preparedness, and response plans to help prevent oil discharges to navigable waters and adjoining shorelines, and the minor source permitting requirements under the CAA ensure that air emissions limits are met.
Under the settlement, NCW will provide a certification of EPCRA compliance at 1,356 sites and conduct comprehensive compliance audits of CAA and CWA/SPCC requirements at 1,361 and 41 legacy-AWS facilities, respectively. NCW has also agreed to pay stipulated penalties for all disclosed and corrected violations discovered through these audits.
NCW has also agreed to conduct environmental projects, which will provide hazardous materials awareness and health/safety training to building inspectors and fire fighters. The projects will also support the procurement of emergency response equipment such as fire-fighting equipment, gas meters, hazmat identification equipment, satellite phones and other emergency communications equipment. The seven entities, located in four states that will benefit from the projects are: Palm Beach County Fire Rescue and Georges Lake Volunteer Fire Department, Putnam County, Fla., New York City Fire Department, N.Y., Yancey, Texas Volunteer Fire Department, Texas, and San Diego, County California Office of Emergency Services, Bodega Bay, California Fire Protection District, and Los Angeles, California Police Department Calif.
Since 1998, nearly 6,000 telecommunications facilities have been brought into compliance through more than 30 settlements as part of EPA’s effort to improve compliance in the telecommunications sector.
Settlement with New Cingular Wireless to Resolve Violations at Hundreds of Legacy AT&T Wireless Sites
WASHINGTON – The U.S. Environmental Protection Agency (EPA) and New Cingular Wireless (NCW) have reached an administrative settlement requiring the company to pay a civil penalty of $750,000 and spend $625,000 on environmental projects to resolve alleged reporting, planning and permitting violations at 332 legacy AT&T Wireless (AWS) sites now owned by NCW.
The violations, which occurred at AWS sites in 43 states, such as cellular towers, transmitter sites, switching stations and warehouses, included failure to comply with Emergency Planning and Community Right-to-Know Act (EPCRA) reporting requirements related to the presence of sulfuric acid and diesel fuel at sites, inadequate or no Clean Water Act (CWA) Spill Prevention, Control, and Countermeasure (SPCC) Plans, and Clean Air Act (CAA) minor source permitting requirements.
The EPCRA requirements help communities plan for emergencies involving hazardous substances, the CWA’s SPCC rule requires facilities to have oil spill prevention, preparedness, and response plans to help prevent oil discharges to navigable waters and adjoining shorelines, and the minor source permitting requirements under the CAA ensure that air emissions limits are met.
Under the settlement, NCW will provide a certification of EPCRA compliance at 1,356 sites and conduct comprehensive compliance audits of CAA and CWA/SPCC requirements at 1,361 and 41 legacy-AWS facilities, respectively. NCW has also agreed to pay stipulated penalties for all disclosed and corrected violations discovered through these audits.
NCW has also agreed to conduct environmental projects, which will provide hazardous materials awareness and health/safety training to building inspectors and fire fighters. The projects will also support the procurement of emergency response equipment such as fire-fighting equipment, gas meters, hazmat identification equipment, satellite phones and other emergency communications equipment. The seven entities, located in four states that will benefit from the projects are: Palm Beach County Fire Rescue and Georges Lake Volunteer Fire Department, Putnam County, Fla., New York City Fire Department, N.Y., Yancey, Texas Volunteer Fire Department, Texas, and San Diego, County California Office of Emergency Services, Bodega Bay, California Fire Protection District, and Los Angeles, California Police Department Calif.
Since 1998, nearly 6,000 telecommunications facilities have been brought into compliance through more than 30 settlements as part of EPA’s effort to improve compliance in the telecommunications sector.
Saturday, December 15, 2012
NATION'S LARGEST GLASS CONTAINER MANUFACTURER AGREES TO INSTALL AIR POLLUTION CONTROL EQUIPMENT
FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
Glass Container Manufacturer Agrees to Install Pollution Controls and Pay $1.45 Million to Settle Clean Air Act Violations
Settlement to reduce emissions at facilities in Georgia, Oklahoma, Pennsylvania, and Texas
WASHINGTON – Today, the U.S. Environmental Protection Agency (EPA) and the Department of Justice announced that Ohio-based Owens-Brockway Glass Container Inc., the nation’s largest glass container manufacturer, has agreed to install pollution control equipment to reduce harmful emissions of nitrogen oxides (NOx), sulfur dioxide (SO2), and particulate matter (PM) by nearly 2,500 tons per year and pay a $1.45 million penalty to resolve alleged Clean Air Act violations at five of the company’s manufacturing plants.
"The pollution controls required by today’s settlement will significantly reduce emissions that can impact residents’ health and local environment in communities located near glass manufacturing plants," said Cynthia Giles, assistant administrator for the EPA’s Office of Enforcement and Compliance Assurance. "These new pollution controls will improve air quality and protect communities from Georgia to Texas from emissions that can lead to respiratory illnesses, smog and acid rain."
"This agreement will significantly reduce the amount of air pollution, known to cause a variety of environmental and health problems, from the nation’s largest manufacturer of glass containers," said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. "The settlement, the latest in a series of agreements with the glass manufacturing sector, addresses major sources of pollution at facilities located in four states and will mean cleaner air for the people living in those communities."
The pollution controls required as part of the settlement to reduce NOx, SO2, and PM will cost an estimated cost of $37.5 million. Owens-Brockway will also spend an additional $200,000 to mitigate excess emissions at its plant in Atlanta by working with the Georgia Retrofit Program to retrofit diesel school buses and fleet vehicles with controls to reduce emissions, or it will assist with the purchase of new natural gas, propane, or hybrid vehicles.
Reducing air pollution from the largest sources of emissions, including glass manufacturing plants, is one of the EPA’s National Enforcement Initiatives for 2011-2013. This is the fourth settlement in EPA’s National Glass Manufacturing Plant Initiative.
NOx, SO2, and PM, three key pollutants emitted from glass plants, have numerous adverse effects on human health and the environment. NOx and SO2 contribute to ground-level ozone, or smog, acid rain, and the destruction of terrestrial and aquatic ecosystems. NOx and SO2 can also irritate the lungs and aggravate of pre-existing heart or lung conditions. PM contains microscopic particles that can travel deep into the lungs and cause difficulty breathing, coughing, decreased lung function, and even death.
The facilities covered by the settlement are located in Atlanta, Ga.; Clarion, Penn.; Crenshaw, Penn.; Muskogee, Okla.; and Waco, Texas.
The Oklahoma Department of Environmental Quality is also a signatory to this consent decree.
The proposed consent decree will be lodged with the United States District Court for the Northern District of Ohio, and will be subject to a 30-day public comment period.
Glass Container Manufacturer Agrees to Install Pollution Controls and Pay $1.45 Million to Settle Clean Air Act Violations
Settlement to reduce emissions at facilities in Georgia, Oklahoma, Pennsylvania, and Texas
WASHINGTON – Today, the U.S. Environmental Protection Agency (EPA) and the Department of Justice announced that Ohio-based Owens-Brockway Glass Container Inc., the nation’s largest glass container manufacturer, has agreed to install pollution control equipment to reduce harmful emissions of nitrogen oxides (NOx), sulfur dioxide (SO2), and particulate matter (PM) by nearly 2,500 tons per year and pay a $1.45 million penalty to resolve alleged Clean Air Act violations at five of the company’s manufacturing plants.
"The pollution controls required by today’s settlement will significantly reduce emissions that can impact residents’ health and local environment in communities located near glass manufacturing plants," said Cynthia Giles, assistant administrator for the EPA’s Office of Enforcement and Compliance Assurance. "These new pollution controls will improve air quality and protect communities from Georgia to Texas from emissions that can lead to respiratory illnesses, smog and acid rain."
"This agreement will significantly reduce the amount of air pollution, known to cause a variety of environmental and health problems, from the nation’s largest manufacturer of glass containers," said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. "The settlement, the latest in a series of agreements with the glass manufacturing sector, addresses major sources of pollution at facilities located in four states and will mean cleaner air for the people living in those communities."
The pollution controls required as part of the settlement to reduce NOx, SO2, and PM will cost an estimated cost of $37.5 million. Owens-Brockway will also spend an additional $200,000 to mitigate excess emissions at its plant in Atlanta by working with the Georgia Retrofit Program to retrofit diesel school buses and fleet vehicles with controls to reduce emissions, or it will assist with the purchase of new natural gas, propane, or hybrid vehicles.
Reducing air pollution from the largest sources of emissions, including glass manufacturing plants, is one of the EPA’s National Enforcement Initiatives for 2011-2013. This is the fourth settlement in EPA’s National Glass Manufacturing Plant Initiative.
NOx, SO2, and PM, three key pollutants emitted from glass plants, have numerous adverse effects on human health and the environment. NOx and SO2 contribute to ground-level ozone, or smog, acid rain, and the destruction of terrestrial and aquatic ecosystems. NOx and SO2 can also irritate the lungs and aggravate of pre-existing heart or lung conditions. PM contains microscopic particles that can travel deep into the lungs and cause difficulty breathing, coughing, decreased lung function, and even death.
The facilities covered by the settlement are located in Atlanta, Ga.; Clarion, Penn.; Crenshaw, Penn.; Muskogee, Okla.; and Waco, Texas.
The Oklahoma Department of Environmental Quality is also a signatory to this consent decree.
The proposed consent decree will be lodged with the United States District Court for the Northern District of Ohio, and will be subject to a 30-day public comment period.
Thursday, November 29, 2012
BP TEMPORAILY SUSPENDED FROM RECEIVING NEW U.S. GOVERNMENT CONTRACTS
FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
BP Temporarily Suspended from New Contracts with the Federal Government
WASHINGTON - The U.S. Environmental Protection Agency (EPA) announced that it has temporarily suspended BP Exploration and Production, Inc., BP PLC and named affiliated companies (BP) from new contracts with the federal government. EPA is taking this action due to BP’s lack of business integrity as demonstrated by the company's conduct with regard to the Deepwater Horizon blowout, explosion, oil spill, and response, as reflected by the filing of a criminal information. On November 15, 2012, BP agreed to plead guilty to eleven counts of Misconduct or Neglect of Ship Officers, one count of Obstruction of Congress, one misdemeanor count of a violation of the Clean Water Act, and one misdemeanor count of a violation of the Migratory Bird Treaty Act, all arising from its conduct leading to the 2010 Deepwater Horizon disaster that killed 11 people and caused the largest environmental disaster in U.S. history.
For the Deepwater Horizon investigation, EPA was designated as the lead agency for suspension and debarment actions. Federal executive branch agencies take these actions to ensure the integrity of Federal programs by conducting business only with responsible individuals or companies. Suspensions are a standard practice when a responsibility question is raised by action in a criminal case.
The BP suspension will temporarily prevent the company and the named affiliates from getting new federal government contracts, grants or other covered transactions until the company can provide sufficient evidence to EPA demonstrating that it meets Federal business standards. The suspension does not affect existing agreements BP may have with the government.
BP Temporarily Suspended from New Contracts with the Federal Government
WASHINGTON - The U.S. Environmental Protection Agency (EPA) announced that it has temporarily suspended BP Exploration and Production, Inc., BP PLC and named affiliated companies (BP) from new contracts with the federal government. EPA is taking this action due to BP’s lack of business integrity as demonstrated by the company's conduct with regard to the Deepwater Horizon blowout, explosion, oil spill, and response, as reflected by the filing of a criminal information. On November 15, 2012, BP agreed to plead guilty to eleven counts of Misconduct or Neglect of Ship Officers, one count of Obstruction of Congress, one misdemeanor count of a violation of the Clean Water Act, and one misdemeanor count of a violation of the Migratory Bird Treaty Act, all arising from its conduct leading to the 2010 Deepwater Horizon disaster that killed 11 people and caused the largest environmental disaster in U.S. history.
For the Deepwater Horizon investigation, EPA was designated as the lead agency for suspension and debarment actions. Federal executive branch agencies take these actions to ensure the integrity of Federal programs by conducting business only with responsible individuals or companies. Suspensions are a standard practice when a responsibility question is raised by action in a criminal case.
The BP suspension will temporarily prevent the company and the named affiliates from getting new federal government contracts, grants or other covered transactions until the company can provide sufficient evidence to EPA demonstrating that it meets Federal business standards. The suspension does not affect existing agreements BP may have with the government.
Wednesday, November 28, 2012
U.S. GOVERNMENT SUSPENDS FUTURE CONTRACTS FOR BP EXPLORATION AND PRODUCTION, INC.
FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
BP Temporarily Suspended from New Contracts with the Federal Government
WASHINGTON - The U.S. Environmental Protection Agency (EPA) today announced that it has temporarily suspended BP Exploration and Production, Inc., BP PLC and named affiliated companies (BP) from new contracts with the federal government. EPA is taking this action due to BP’s lack of business integrity as demonstrated by the company's conduct with regard to the Deepwater Horizon blowout, explosion, oil spill, and response, as reflected by the filing of a criminal information. On November 15, 2012, BP agreed to plead guilty to eleven counts of Misconduct or Neglect of Ship Officers, one count of Obstruction of Congress, one misdemeanor count of a violation of the Clean Water Act, and one misdemeanor count of a violation of the Migratory Bird Treaty Act, all arising from its conduct leading to the 2010 Deepwater Horizon disaster that killed 11 people and caused the largest environmental disaster in U.S. history.
For the Deepwater Horizon investigation, EPA was designated as the lead agency for suspension and debarment actions. Federal executive branch agencies take these actions to ensure the integrity of Federal programs by conducting business only with responsible individuals or companies. Suspensions are a standard practice when a responsibility question is raised by action in a criminal case.
The BP suspension will temporarily prevent the company and the named affiliates from getting new federal government contracts, grants or other covered transactions until the company can provide sufficient evidence to EPA demonstrating that it meets Federal business standards. The suspension does not affect existing agreements BP may have with the government.
BP Temporarily Suspended from New Contracts with the Federal Government
WASHINGTON - The U.S. Environmental Protection Agency (EPA) today announced that it has temporarily suspended BP Exploration and Production, Inc., BP PLC and named affiliated companies (BP) from new contracts with the federal government. EPA is taking this action due to BP’s lack of business integrity as demonstrated by the company's conduct with regard to the Deepwater Horizon blowout, explosion, oil spill, and response, as reflected by the filing of a criminal information. On November 15, 2012, BP agreed to plead guilty to eleven counts of Misconduct or Neglect of Ship Officers, one count of Obstruction of Congress, one misdemeanor count of a violation of the Clean Water Act, and one misdemeanor count of a violation of the Migratory Bird Treaty Act, all arising from its conduct leading to the 2010 Deepwater Horizon disaster that killed 11 people and caused the largest environmental disaster in U.S. history.
For the Deepwater Horizon investigation, EPA was designated as the lead agency for suspension and debarment actions. Federal executive branch agencies take these actions to ensure the integrity of Federal programs by conducting business only with responsible individuals or companies. Suspensions are a standard practice when a responsibility question is raised by action in a criminal case.
The BP suspension will temporarily prevent the company and the named affiliates from getting new federal government contracts, grants or other covered transactions until the company can provide sufficient evidence to EPA demonstrating that it meets Federal business standards. The suspension does not affect existing agreements BP may have with the government.
Wednesday, November 21, 2012
COMPANY TO PAY $4.1 MILLION PENALTY TO SETTLE CLEAN WATER ACT VIOLATIONS
FROM: U.S. DEPARTMENT OF JUSTICE
Tuesday, November 13, 2012
Roquette America Inc., to Pay $4.1 Million Penalty to Settle Violations of Clean Water Act at Its Keokuk, Iowa, Facility
Roquette America, Inc., has agreed to pay a $4.1 million civil penalty to settle alleged violations of the Clean Water Act and its National Pollutant Discharge Elimination System (NPDES) permit at its grain processing facility in Keokuk, Iowa, the Department of Justice and the Environmental Protection Agency (EPA) announced today.
As early as 2008, Roquette was aware that its waste water treatment plant was marginally adequate and that it could not handle spills or surges in loading. Instead of constructing additional containment structures for waste water surges, or routing spills to the waste water treatment plant, Roquette allowed the industrial waste to be discharged directly into the Mississippi River and Soap Creek.
"Roquette’s actions resulted in over a thousand permit violations and allowed the discharge of untreated industrial waste into the Mississippi River and another Iowa waterway even after it was informed on numerous occasions it was violating its state permit and federal law," said Ignacia S. Moreno, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division. "This settlement holds Roquette accountable for its multiple violations of the nation’s Clean Water Act and requires sewer improvements, wastewater treatment upgrades, enhanced monitoring and independent compliance audits that will benefit public health and the environment for the people of Iowa for years to come."
"The magnitude of these violations warrants the magnitude of the penalty," said EPA Region 7 Administrator Karl Brooks. "The Mississippi River is a vital waterway, used by millions of Americans for commerce, recreation and drinking water. It is imperative that industrial facilities abide by their discharge permits to protect our valuable water resources."
The Iowa Department of Natural Resources has issued three administrative orders and eight notices of violation to Roquette since 2000. Despite these orders and notices, Roquette continued to overload its waste water treatment plant and failed to address the deficiencies at other portions of its facility, resulting in permit violations and illegal discharges of untreated industrial waste.
The Keokuk facility violated its NPDES permit at least 1,174 times, and on at least 30 occasions illegally discharged via storm drains resulting in at least 250,000 gallons of industrial waste being released into the Mississippi River and Soap Creek. In addition to these permit violations and illegal discharges, Roquette discharged partially treated industrial waste from its waste water treatment plant, and discharged steam condensate into Soap Creek through an unpermitted outfall.
In addition to paying the penalty, Roquette will complete other requirements valued at more than $17 million to further protect the Mississippi River and Soap Creek. Among these requirements are the completion of a sewer survey to identify possible discharge locations, the implementation of sewer modifications, the construction of upgrades to the wastewater treatment plant, and the performance of enhanced effluent monitoring. In addition, Roquette will obtain annual third party audits of its compliance with the operations and maintenance program, the Storm Water Pollution Prevention Program, the company’s NPDES permits, and the compliance requirements set out in the consent decree.
The consent decree is subject to a 30-day public comment period and approval by the federal court. Once it is published in the Federal Register, a copy of the consent decree will be available on the Justice Department website at www.usdoj.gov/enrd/Consent_Decrees.html
Tuesday, November 13, 2012
Roquette America Inc., to Pay $4.1 Million Penalty to Settle Violations of Clean Water Act at Its Keokuk, Iowa, Facility
Roquette America, Inc., has agreed to pay a $4.1 million civil penalty to settle alleged violations of the Clean Water Act and its National Pollutant Discharge Elimination System (NPDES) permit at its grain processing facility in Keokuk, Iowa, the Department of Justice and the Environmental Protection Agency (EPA) announced today.
As early as 2008, Roquette was aware that its waste water treatment plant was marginally adequate and that it could not handle spills or surges in loading. Instead of constructing additional containment structures for waste water surges, or routing spills to the waste water treatment plant, Roquette allowed the industrial waste to be discharged directly into the Mississippi River and Soap Creek.
"Roquette’s actions resulted in over a thousand permit violations and allowed the discharge of untreated industrial waste into the Mississippi River and another Iowa waterway even after it was informed on numerous occasions it was violating its state permit and federal law," said Ignacia S. Moreno, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division. "This settlement holds Roquette accountable for its multiple violations of the nation’s Clean Water Act and requires sewer improvements, wastewater treatment upgrades, enhanced monitoring and independent compliance audits that will benefit public health and the environment for the people of Iowa for years to come."
"The magnitude of these violations warrants the magnitude of the penalty," said EPA Region 7 Administrator Karl Brooks. "The Mississippi River is a vital waterway, used by millions of Americans for commerce, recreation and drinking water. It is imperative that industrial facilities abide by their discharge permits to protect our valuable water resources."
The Iowa Department of Natural Resources has issued three administrative orders and eight notices of violation to Roquette since 2000. Despite these orders and notices, Roquette continued to overload its waste water treatment plant and failed to address the deficiencies at other portions of its facility, resulting in permit violations and illegal discharges of untreated industrial waste.
The Keokuk facility violated its NPDES permit at least 1,174 times, and on at least 30 occasions illegally discharged via storm drains resulting in at least 250,000 gallons of industrial waste being released into the Mississippi River and Soap Creek. In addition to these permit violations and illegal discharges, Roquette discharged partially treated industrial waste from its waste water treatment plant, and discharged steam condensate into Soap Creek through an unpermitted outfall.
In addition to paying the penalty, Roquette will complete other requirements valued at more than $17 million to further protect the Mississippi River and Soap Creek. Among these requirements are the completion of a sewer survey to identify possible discharge locations, the implementation of sewer modifications, the construction of upgrades to the wastewater treatment plant, and the performance of enhanced effluent monitoring. In addition, Roquette will obtain annual third party audits of its compliance with the operations and maintenance program, the Storm Water Pollution Prevention Program, the company’s NPDES permits, and the compliance requirements set out in the consent decree.
The consent decree is subject to a 30-day public comment period and approval by the federal court. Once it is published in the Federal Register, a copy of the consent decree will be available on the Justice Department website at www.usdoj.gov/enrd/Consent_Decrees.html
Friday, November 16, 2012
VEHICLE AND ENGINE IMPORTERS PAY CIVIL PENALTY TO RESOLVE ALLEGED CLEAN AIR ACT VIOLATIONS
FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
Vehicle And Engine Importers To Pay Civil Penalty To Resolve Clean Air Act Violations
Senior company executives jointly liable for consent decree obligations
WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the Department of Justice announced a settlement with two former importers of highway motorcycles, recreational vehicles, and small spark ignition engines. The defendants, Yuan Cheng International Group, Inc. (YCIG) and NST, Inc. (NST), located in Montclair, Calif., allegedly imported and sold vehicles and engines from China in violation of Clean Air Act requirements.
The settlement resolves allegations that, between 2006 and 2011, the companies imported and introduced into commerce 17,521 recreational vehicles, highway motorcycles, and nonroad spark ignition engines without proper EPA certifications required under the Clean Air Act to prevent excess emissions of pollutants. Vehicles and engines that are not certified may be operating without proper emissions controls and 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. The settlement also resolves claims for failure to adequately respond to EPA’s requests for information and labeling violations under the Clean Air Act.
The settlement requires the companies and Mr. John Cheng and Ms. Jenny Yu, senior company executives, to pay a combined civil penalty of $50,000. This amount is based on the United States’ determination that the parties have a limited ability to pay a civil penalty in this matter. Both companies have ceased importing vehicles and engines and are now dissolved. In the fall of 2010, NST agreed to pay $250,000 to the State of California to resolve similar violations concerning the illegal sale of uncertified vehicles.
"When companies or their executives fail to comply with U.S. standards when importing vehicles and engines into the United States, it affects the nation’s air quality, impacts consumers and puts businesses that play by the rules at a disadvantage," said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. "Today’s settlement demonstrates EPA’s commitment to ensuring that imports comply with requirements that protect our nation’s air quality, while leveling the playing field for businesses that comply with the law."
"We will continue to vigorously enforce the law to ensure that imported vehicles and engines comply with U.S. laws so that American consumers get environmentally sound products and violators do not gain an unfair economic advantage," said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. "By holding individuals personally accountable under the consent decree, this settlement shows not only that we will pursue companies who violate the law, but where appropriate, will take additional measures to ensure that individual executives who act on behalf of companies cannot repeat the same conduct under a new corporate identity."
In addition, Mr. Cheng and Ms. Yu must enter into a compliance plan with EPA prior to any future importation, distribution, selling, or offering for sale of any products covered by the Clean Air Act. They must also provide EPA with notice prior to forming any U.S. business entity that engages in the importation, distribution, selling or offering for sale of any products covered by the Clean Air Act, or before individually engaging in such activities. Mr. Cheng and Ms. Yu may be liable for any additional penalties for any violations of the settlement agreement, including $25,000 per vehicle or engine imported, sold or distributed that is not in accordance with an EPA-approved compliance plan, and up to $5,000 per day for each failure to provide notice to EPA as mentioned above.
John Cheng (also known as Yuan Cheng) was the sole shareholder, director, president, secretary, chief financial officer, and treasurer of the YCIG. NST was the corporate successor to YCIG after YCIG dissolved. Mr. Cheng’s wife, Ms. Jenny Yu, was the president, secretary, chief financial officer, one of two directors, and a 50 percent shareholder of NST. Mr. Cheng was the other 50 percent shareholder of NST. Both Mr. Cheng and Ms. Yu are individually bound by the terms of the settlement and are personally jointly and severally liable for the liabilities and obligations arising from the consent decree.
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 settlement is part of an ongoing effort by EPA to ensure that all imported vehicles and engines comply with the Clean Air Act’s requirements.
Vehicle And Engine Importers To Pay Civil Penalty To Resolve Clean Air Act Violations
Senior company executives jointly liable for consent decree obligations
WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the Department of Justice announced a settlement with two former importers of highway motorcycles, recreational vehicles, and small spark ignition engines. The defendants, Yuan Cheng International Group, Inc. (YCIG) and NST, Inc. (NST), located in Montclair, Calif., allegedly imported and sold vehicles and engines from China in violation of Clean Air Act requirements.
The settlement resolves allegations that, between 2006 and 2011, the companies imported and introduced into commerce 17,521 recreational vehicles, highway motorcycles, and nonroad spark ignition engines without proper EPA certifications required under the Clean Air Act to prevent excess emissions of pollutants. Vehicles and engines that are not certified may be operating without proper emissions controls and 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. The settlement also resolves claims for failure to adequately respond to EPA’s requests for information and labeling violations under the Clean Air Act.
The settlement requires the companies and Mr. John Cheng and Ms. Jenny Yu, senior company executives, to pay a combined civil penalty of $50,000. This amount is based on the United States’ determination that the parties have a limited ability to pay a civil penalty in this matter. Both companies have ceased importing vehicles and engines and are now dissolved. In the fall of 2010, NST agreed to pay $250,000 to the State of California to resolve similar violations concerning the illegal sale of uncertified vehicles.
"When companies or their executives fail to comply with U.S. standards when importing vehicles and engines into the United States, it affects the nation’s air quality, impacts consumers and puts businesses that play by the rules at a disadvantage," said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. "Today’s settlement demonstrates EPA’s commitment to ensuring that imports comply with requirements that protect our nation’s air quality, while leveling the playing field for businesses that comply with the law."
"We will continue to vigorously enforce the law to ensure that imported vehicles and engines comply with U.S. laws so that American consumers get environmentally sound products and violators do not gain an unfair economic advantage," said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. "By holding individuals personally accountable under the consent decree, this settlement shows not only that we will pursue companies who violate the law, but where appropriate, will take additional measures to ensure that individual executives who act on behalf of companies cannot repeat the same conduct under a new corporate identity."
In addition, Mr. Cheng and Ms. Yu must enter into a compliance plan with EPA prior to any future importation, distribution, selling, or offering for sale of any products covered by the Clean Air Act. They must also provide EPA with notice prior to forming any U.S. business entity that engages in the importation, distribution, selling or offering for sale of any products covered by the Clean Air Act, or before individually engaging in such activities. Mr. Cheng and Ms. Yu may be liable for any additional penalties for any violations of the settlement agreement, including $25,000 per vehicle or engine imported, sold or distributed that is not in accordance with an EPA-approved compliance plan, and up to $5,000 per day for each failure to provide notice to EPA as mentioned above.
John Cheng (also known as Yuan Cheng) was the sole shareholder, director, president, secretary, chief financial officer, and treasurer of the YCIG. NST was the corporate successor to YCIG after YCIG dissolved. Mr. Cheng’s wife, Ms. Jenny Yu, was the president, secretary, chief financial officer, one of two directors, and a 50 percent shareholder of NST. Mr. Cheng was the other 50 percent shareholder of NST. Both Mr. Cheng and Ms. Yu are individually bound by the terms of the settlement and are personally jointly and severally liable for the liabilities and obligations arising from the consent decree.
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 settlement is part of an ongoing effort by EPA to ensure that all imported vehicles and engines comply with the Clean Air Act’s requirements.
Friday, October 12, 2012
BP PRODUCTS NORTH AMERICA SPILL RESPONSE WILL IMPROVE
FROM: U.S. ENVIRONMENTAL
BP Products North America to Improve Spill Response Preparedness at Oil Terminals Nationwide
Company also agrees to pay $210,000 penalty for oil spill response violations at Maryland facility
WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that BP Products North America, Inc. will pay a $210,000 penalty and implement an enhanced oil spill response program at its oil terminals nationwide, as well as a comprehensive compliance audit to resolve alleged violations of oil spill response regulations at its Curtis Bay Terminal in Md. The enhanced oil spill response program will help ensure that BP’s oil terminals are better prepared to respond to oil spills that could affect people's health and the environment.
EPA alleged that BP Products violated federal regulations requiring oil storage facilities to conduct drills and exercises to respond to oil spills at its Curtis Bay Terminal. The civil penalty is EPA’s highest to date for violations of oil drills and exercises requirements where there was no discharge of oil.
"Being prepared to respond to an oil spill can be the difference between dealing with a small, contained event or a full-blown environmental disaster," said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. "After twice failing to pass oil spill response exercises at its Curtis Bay facility, under the settlement, BP is required to put preventative measures into place at all of its terminals nationwide that will reduce the threat of oil spills and protect our nation’s valuable waterways. These measures also raise the bar for forward-looking companies seeking to ensure that their facilities are ready to respond quickly in the event of a spill."
"This agreement will help BP Products strengthen its spill response capabilities across the nation at 33 onshore oil terminals, implementing enhanced oil spill response measures, and requiring an independent auditor to evaluate a dozen high-risk onshore facilities for their readiness to respond to oil spills," said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. "Taking these steps will help instill a culture of readiness and preparedness that will help protect many communities, and the natural resources upon which they rely, from future harm."
Under the settlement filed today in federal court by the U.S. Department of Justice, BP Products will implement a first-of-its-kind program of spill prevention measures at its 33 non-refinery petroleum products terminals across the country.
As part of this program, the company will review and revise response plans for these facilities to ensure safeguards are tailored to the conditions at each facility. BP Products will also perform enhanced training, drills and exercises, exceeding regulatory requirements, and will repeat any failed drills and exercises within 90 days.
In addition, BP Products has agreed to an independent compliance audit of 12 of its marine and high-risk petroleum product terminal facilities. The audits will ensure that each audited facility is in compliance with spill response requirements, and to evaluate whether the facilities have resources to respond to major spills. The results of the compliance audits will also be incorporated into the enhanced spill prevention and response program being implemented at all of BP’s petroleum terminals.
EPA and the U.S. Coast Guard twice conducted unannounced government-initiated oil spill response exercises at the Curtis Bay Terminal. During these exercises, BP Products was required to demonstrate its response to a small scale discharge of fuel oil from the facility into Curtis Creek by being prepared to deploy 1,000 feet of oil containment boom within one hour and subsequently deploying the boom. On both occasions, the company did not complete the exercise in the allotted time and failed to adequately deploy the containment boom.
The Curtis Bay Terminal, which can store about 22 million gallons of oil, is located less than a quarter mile from Curtis Creek, a tributary of Curtis Bay, the Patapsco River, and the Chesapeake Bay.
High-risk onshore facilities that store oil, such as the Curtis Bay Terminal, must have a plan for responding to oil spills that includes employee training, spill response equipment, and a "worst case" contingency plan for containing and cleaning up spills.
Based on the failed drills, EPA cited the company for failing to adequately implement a response plan, failing to identify sufficient spill response resources at the facility, and deficiencies in the facility’s training, drills and exercises program.
The proposed consent decree is subject to a 30 day public comment period and final court approval.
BP Products North America to Improve Spill Response Preparedness at Oil Terminals Nationwide
Company also agrees to pay $210,000 penalty for oil spill response violations at Maryland facility
WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that BP Products North America, Inc. will pay a $210,000 penalty and implement an enhanced oil spill response program at its oil terminals nationwide, as well as a comprehensive compliance audit to resolve alleged violations of oil spill response regulations at its Curtis Bay Terminal in Md. The enhanced oil spill response program will help ensure that BP’s oil terminals are better prepared to respond to oil spills that could affect people's health and the environment.
EPA alleged that BP Products violated federal regulations requiring oil storage facilities to conduct drills and exercises to respond to oil spills at its Curtis Bay Terminal. The civil penalty is EPA’s highest to date for violations of oil drills and exercises requirements where there was no discharge of oil.
"Being prepared to respond to an oil spill can be the difference between dealing with a small, contained event or a full-blown environmental disaster," said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. "After twice failing to pass oil spill response exercises at its Curtis Bay facility, under the settlement, BP is required to put preventative measures into place at all of its terminals nationwide that will reduce the threat of oil spills and protect our nation’s valuable waterways. These measures also raise the bar for forward-looking companies seeking to ensure that their facilities are ready to respond quickly in the event of a spill."
"This agreement will help BP Products strengthen its spill response capabilities across the nation at 33 onshore oil terminals, implementing enhanced oil spill response measures, and requiring an independent auditor to evaluate a dozen high-risk onshore facilities for their readiness to respond to oil spills," said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. "Taking these steps will help instill a culture of readiness and preparedness that will help protect many communities, and the natural resources upon which they rely, from future harm."
Under the settlement filed today in federal court by the U.S. Department of Justice, BP Products will implement a first-of-its-kind program of spill prevention measures at its 33 non-refinery petroleum products terminals across the country.
As part of this program, the company will review and revise response plans for these facilities to ensure safeguards are tailored to the conditions at each facility. BP Products will also perform enhanced training, drills and exercises, exceeding regulatory requirements, and will repeat any failed drills and exercises within 90 days.
In addition, BP Products has agreed to an independent compliance audit of 12 of its marine and high-risk petroleum product terminal facilities. The audits will ensure that each audited facility is in compliance with spill response requirements, and to evaluate whether the facilities have resources to respond to major spills. The results of the compliance audits will also be incorporated into the enhanced spill prevention and response program being implemented at all of BP’s petroleum terminals.
EPA and the U.S. Coast Guard twice conducted unannounced government-initiated oil spill response exercises at the Curtis Bay Terminal. During these exercises, BP Products was required to demonstrate its response to a small scale discharge of fuel oil from the facility into Curtis Creek by being prepared to deploy 1,000 feet of oil containment boom within one hour and subsequently deploying the boom. On both occasions, the company did not complete the exercise in the allotted time and failed to adequately deploy the containment boom.
The Curtis Bay Terminal, which can store about 22 million gallons of oil, is located less than a quarter mile from Curtis Creek, a tributary of Curtis Bay, the Patapsco River, and the Chesapeake Bay.
High-risk onshore facilities that store oil, such as the Curtis Bay Terminal, must have a plan for responding to oil spills that includes employee training, spill response equipment, and a "worst case" contingency plan for containing and cleaning up spills.
Based on the failed drills, EPA cited the company for failing to adequately implement a response plan, failing to identify sufficient spill response resources at the facility, and deficiencies in the facility’s training, drills and exercises program.
The proposed consent decree is subject to a 30 day public comment period and final court approval.
Saturday, August 25, 2012
CO. PAYS $175,000 FINE FOR ALLEGED ILLEGAL IMPORTAION OF CHEMICALS
FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
EPA Stops the Importation of Short-Chain Chlorinated Paraffins as Part of Settlement with INEOS
WASHINGTON – The U.S. Environmental Protection Agency (EPA) announced a settlement with INEOS Chlor Americas, Inc., based in Wilmington, Del., to resolve violations of the Toxic Substances Control Act (TSCA). INEOS allegedly imported various chain-length chlorinated paraffins into the United States without providing the required notice to EPA. Under this settlement INEOS has ended the importation of short-chained chlorinated paraffins into the United States.
"EPA’s short-chained chlorinated paraffin action plan, part of the Administrator’s priority for Assuring the Safety of Chemicals, identified significant environmental risks for these chemicals," said Cynthia Giles assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. "With this settlement we have removed all known major sources of this chemical from the marketplace. We will continue to coordinate with US Customs and Border Protection to prevent future illegal importation of these chemicals."
Short-chained chlorinated paraffins (SCCPs), used as lubricants and coolants for metal working and as plasticizers and flame retardants in plastics, are persistent, bioaccumulative, and toxic to aquatic life. Even relatively small releases of these chemicals from individual manufacturing, processing, or waste management facilities have the potential to accumulate over time to higher levels and have been detected in wildlife and humans.
INEOS has also agreed to provide the notices required by TSCA Section 5 to the EPA for any medium or long-chain chlorinated paraffin it wishes to import after the date of lodging of the decree. Submission of these notices by INEOS will enable EPA to identify and evaluate the health and environmental effects, exposures, releases, and risks posed by these chemical substances. If appropriate, EPA will initiate an action under TSCA section 5 to address any unreasonable risks posed by the chlorinated paraffins.
INEOS will pay a $175,000 civil penalty.
The proposed settlement, lodged in the U.S. District Court for Delaware, is subject to a 30-day public comment period and final court approval.
EPA Stops the Importation of Short-Chain Chlorinated Paraffins as Part of Settlement with INEOS
WASHINGTON – The U.S. Environmental Protection Agency (EPA) announced a settlement with INEOS Chlor Americas, Inc., based in Wilmington, Del., to resolve violations of the Toxic Substances Control Act (TSCA). INEOS allegedly imported various chain-length chlorinated paraffins into the United States without providing the required notice to EPA. Under this settlement INEOS has ended the importation of short-chained chlorinated paraffins into the United States.
"EPA’s short-chained chlorinated paraffin action plan, part of the Administrator’s priority for Assuring the Safety of Chemicals, identified significant environmental risks for these chemicals," said Cynthia Giles assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. "With this settlement we have removed all known major sources of this chemical from the marketplace. We will continue to coordinate with US Customs and Border Protection to prevent future illegal importation of these chemicals."
Short-chained chlorinated paraffins (SCCPs), used as lubricants and coolants for metal working and as plasticizers and flame retardants in plastics, are persistent, bioaccumulative, and toxic to aquatic life. Even relatively small releases of these chemicals from individual manufacturing, processing, or waste management facilities have the potential to accumulate over time to higher levels and have been detected in wildlife and humans.
INEOS has also agreed to provide the notices required by TSCA Section 5 to the EPA for any medium or long-chain chlorinated paraffin it wishes to import after the date of lodging of the decree. Submission of these notices by INEOS will enable EPA to identify and evaluate the health and environmental effects, exposures, releases, and risks posed by these chemical substances. If appropriate, EPA will initiate an action under TSCA section 5 to address any unreasonable risks posed by the chlorinated paraffins.
INEOS will pay a $175,000 civil penalty.
The proposed settlement, lodged in the U.S. District Court for Delaware, is subject to a 30-day public comment period and final court approval.
Wednesday, August 1, 2012
CHEMICAL COMPANIES RECEIVE EPA FINES FOR FAILING TO REPORT DATA
FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
EPA Fines Violators for Failure to Report Chemical Data
WASHINGTON – The U.S. Environmental Protection Agency (EPA) has issued complaints seeking civil penalties against three companies for alleged violations of the reporting and recordkeeping requirements under the Toxic Substances Control Act (TSCA). The alleged violations involved the companies’ failure to comply with EPA’s TSCA section 8 Inventory Update Reporting (IUR) regulations, which require companies to submit accurate data about the production and use of chemical substances manufactured or imported during a calendar year. Under TSCA, penalties can be assessed up to $37,500 per day, per violation.
Formerly known as the IUR, the TSCA Chemical Data Reporting Rule requires the collection of information about existing chemicals on the market by requiring periodic reports about the production and use of chemicals to help understand the risks they may pose to human health and the environment. The data collected by EPA is the most comprehensive source of information for chemicals currently in commerce in the U.S.
The reporting deadline for the 2006 IUR rule ended in March of 2007. EPA’s enforcement efforts have led to 43 civil enforcement actions and approximately $2.3 million dollars in civil penalties against companies that failed to report required chemical data information. The reporting deadline for the 2012 submission period of the Chemical Data Reporting Rule is August 13, 2012.
The three most recent cases are against Chemtura Corporation, Bethlehem Apparatus Company, and Haldor Topsoe, Inc., and resulted in penalties totaling $362,113.
The Chemtura Corporation is headquartered in Philadelphia, Pa. and has a facility located in El Dorado, Arizona. In a May 31, 2012 complaint, EPA alleged that the facility failed to report two chemicals pursuant to the 2006 IUR rule and assessed a penalty of $55,901. The company corrected the violations, paid the penalty and a final order was issued by the Environmental Appeals Board (EAB) on June 25, 2012.
During an inspection of the Bethlehem Apparatus Company, located in Hellertown, Pa., EPA found that the facility was in violation of the 2006 IUR Rule for one chemical substance. EPA also determined during the inspection that the company had failed to comply with the export notification requirements as required under TSCA section 12(b) and the import certification requirements as required under TSCA section 13 on a number of occasions for the same chemical substance. The company corrected the violations and paid a $103,433 penalty proposed in a May 31, 2012 complaint.
Haldor Topsoe, Inc., headquartered in Houston, Texas, is subject to a TSCA complaint that was filed on June 20, 2012. The complaint alleged that that the company had violated the 2006 IUR rule for 13 chemical substances. The complaint assessed a proposed penalty of $202,779, which the company paid on July 2, 2012.
EPA Fines Violators for Failure to Report Chemical Data
WASHINGTON – The U.S. Environmental Protection Agency (EPA) has issued complaints seeking civil penalties against three companies for alleged violations of the reporting and recordkeeping requirements under the Toxic Substances Control Act (TSCA). The alleged violations involved the companies’ failure to comply with EPA’s TSCA section 8 Inventory Update Reporting (IUR) regulations, which require companies to submit accurate data about the production and use of chemical substances manufactured or imported during a calendar year. Under TSCA, penalties can be assessed up to $37,500 per day, per violation.
Formerly known as the IUR, the TSCA Chemical Data Reporting Rule requires the collection of information about existing chemicals on the market by requiring periodic reports about the production and use of chemicals to help understand the risks they may pose to human health and the environment. The data collected by EPA is the most comprehensive source of information for chemicals currently in commerce in the U.S.
The reporting deadline for the 2006 IUR rule ended in March of 2007. EPA’s enforcement efforts have led to 43 civil enforcement actions and approximately $2.3 million dollars in civil penalties against companies that failed to report required chemical data information. The reporting deadline for the 2012 submission period of the Chemical Data Reporting Rule is August 13, 2012.
The three most recent cases are against Chemtura Corporation, Bethlehem Apparatus Company, and Haldor Topsoe, Inc., and resulted in penalties totaling $362,113.
The Chemtura Corporation is headquartered in Philadelphia, Pa. and has a facility located in El Dorado, Arizona. In a May 31, 2012 complaint, EPA alleged that the facility failed to report two chemicals pursuant to the 2006 IUR rule and assessed a penalty of $55,901. The company corrected the violations, paid the penalty and a final order was issued by the Environmental Appeals Board (EAB) on June 25, 2012.
During an inspection of the Bethlehem Apparatus Company, located in Hellertown, Pa., EPA found that the facility was in violation of the 2006 IUR Rule for one chemical substance. EPA also determined during the inspection that the company had failed to comply with the export notification requirements as required under TSCA section 12(b) and the import certification requirements as required under TSCA section 13 on a number of occasions for the same chemical substance. The company corrected the violations and paid a $103,433 penalty proposed in a May 31, 2012 complaint.
Haldor Topsoe, Inc., headquartered in Houston, Texas, is subject to a TSCA complaint that was filed on June 20, 2012. The complaint alleged that that the company had violated the 2006 IUR rule for 13 chemical substances. The complaint assessed a proposed penalty of $202,779, which the company paid on July 2, 2012.
Wednesday, June 6, 2012
MINNEAPOLIS ARSENIC CONTAMINATED SOIL CLEANUP COMPLETED
FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
EPA Completes Cleanup of Over 600 South Minneapolis Homes Ahead of Schedule
Chicago (June 5, 2012) -- U.S. Environmental Protection Agency Regional Administrator Susan Hedman today announced that the Agency has finished its cleanup of contaminated soil in a South Minneapolis neighborhood a full year ahead of schedule. Hedman was joined by officials from the Minnesota Department of Agriculture and the city of Minneapolis at an event today for neighborhood residents at the East Phillips Community Center.
The EPA used $20 million in American Recovery and Reinvestment Act funding, along with other funds, to clean up more than 600 properties. EPA removed more than 50,000 tons of arsenic-contaminated soil, filled the yards with clean soil and replanted plants and grass. The entire cost of the Superfund cleanup was $28 million.
“EPA is pleased that the people of South Minneapolis can now enjoy their yards safely and without fear of their children being exposed to arsenic," said Hedman. “The infusion of Recovery Act funding allowed EPA to make more yards safe for homeowners, renters and residents of all ages."
EPA began its Superfund cleanup in 2004 and stepped up the process in 2009 when ARRA funding was provided.
“Making Minneapolis a safe place to call home is one of our most important jobs, and that includes making sure the environment we live in is a safe place for kids, families, and everyone,” said Mayor R.T. Rybak. “A cleanup like this is no small project, which is why we’re grateful for the EPA’s long-term partnership and commitment to this cleanup, as well as to the assistance from the Obama Administration’s Recovery Act. Minneapolis is a safer place to live thanks to this important work.”
“Working together, we completed a massive cleanup and we got it right for the residents of the neighborhood,” said MDA Commissioner Dave Fredrickson. “I want to thank everyone who made it happen, especially the residents and community leaders for their patience and assistance.”
The South Minneapolis Superfund site encompasses several neighborhoods near 2016 28th St. E., the location of the former CMC Heartland Partners Lite Yard, where a pesticide containing arsenic was produced. Contaminated material from an open-air conveyor belt railcar-unloading and product-mixing operation is believed to have been wind-blown into surrounding neighborhoods. Long-term exposure to arsenic has been linked to cancer.
Reflecting the area’s diverse makeup, EPA printed fact sheets in Spanish, Hmong, Vietnamese, and Somali as well as English, and deployed bilingual staff and translators to the neighborhood. Residents – who paid nothing for the cleanup – were able to continue living in their homes throughout the project. Removing contamination also enhances the resale value of these properties.
EPA’s Superfund program managed the cleanup. The federal Superfund program was created in 1980 to clean up uncontrolled hazardous waste sites that pose unacceptable risks to human health and the environment.
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Sunday, May 20, 2012
NATURAL GAS SERVICES COMPANY AGREES TO PAY $4 MILLION AND INSTALL POLLUTION CONTROLS
FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
Colorado-based QEP Field Services Agrees to Pay $4 Million and Install Pollution Controls to Resolve Alleged Violations of the Clean Air Act
Settlement to improve air quality and establish a trust to fund environmental projects on the Uintah and Ouray Reservation in Northeastern Utah
WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced a settlement with QEP Field Services Co. (QEPFS), formerly Questar Gas Management Co., to resolve alleged violations of the Clean Air Act at five natural gas compressor stations on the Uintah and Ouray Reservation in Northeastern Utah.Four members of the Ute Indian Tribe intervened as co-plaintiffs. Under the proposed settlement, QEPFS will pay a $3.65 million civil penalty and pay $350,000 into a Clean Air Trust Fund to be established by the tribal member intervenors. The settlement also requires QEPFS to reduce its emissions by removing certain equipment, installing additional pollution controls, and replacing the natural gas powered instrument control systems with compressed air control systems.
“Natural gas extraction projects help to fuel our economy, but also need to follow the nation’s laws,” said Cynthia Giles, assistant administrator of EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement will bring cleaner air to the members of the Northern Ute Tribe by ensuring natural gas compressor stations are operated in compliance with the law and by creating a trust to fund environmental projects on the Uintah and Ouray Reservation.”
“This settlement will result in cleaner air for residents living on the Uintah and Ouray reservation and allow the responsible development of energy resources in accordance with the Clean Air Act,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. “It also will establish the Tribal Clean Air Trust Fund to fund environmental projects for the benefit of tribal members.”
QEPFS’s compressor stations remove water and compress natural gas for transportation through gas pipelines. They are sources of air pollution, emitting hazardous air pollutants (HAPs), volatile organic compounds (VOCs), and nitrogen oxides (NOx), which can increase the risk of asthma attacks and are significant contributors to the formation of ozone.The actions required in the settlement will eliminate approximately 210 tons of NOx, 219 tons of carbon monoxide, 17 tons of HAPs, and more than 166 tons of VOCs per year. It will also conserve 3.5 million cubic feet of gas each year, which could heat approximately 50 U.S. households. The reduction in methane emissions (a greenhouse gas that is a component of natural gas) is equivalent to planting more than 300 acres of trees.
QEPFS is a wholly-owned subsidiary of QEP Resources, Inc., which is headquartered in Denver.QEPFS provides midstream field services such as natural gas gathering, compression, dehydration and processing to upstream natural gas companies.
The consent decree is subject to a 30-day public comment period and final court approval.
Friday, May 11, 2012
PHARMACIA CORP. AND BAYER CROP SCIENCE INC. AGREE TO PAY $4.25 MILLION TO CLEAN UP SUPERFUND SITE
FROM: U.S. JUSTICE DEPARTMENT
Thursday, May 10, 2012
Companies Agree to $4.25 Million Natural Resource Damages Settlement at Industri-Plex Superfund Site, Woburn, Mass.
WASHINGTON – Pharmacia Corporation and Bayer Crop Science Inc. have agreed to pay $4.25 million to federal and state natural resource trustees to resolve claims for natural resource damages connected with the Industri-plex Superfund site located in Woburn, Mass., the Department of Justice announced today.
Operations at the Industri-plex Superfund site from the 1850s to the 1960s contaminated the Aberjona River, as well as associated wetlands and the Mystic Lakes, with arsenic, chromium and other hazardous substances. Under the Comprehensive Environmental Response, Compensation, and Liability Act, parties that have disposed of hazardous substances at a site are liable for damages for injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing such injury, destruction or loss. In this case, the federal natural resource trustees, which include the U.S. Department of the Interior, through the U.S. Fish and Wildlife Service, and the National Oceanic and Atmospheric Administration, as well as the state natural resource trustee, the Massachusetts Executive Office of Energy and Environmental Affairs, determined that the hazardous substances disposed of by the settling defendants or their predecessors had degraded wetland, river and lake habitat used by a variety of wildlife, including fish, turtles, amphibians and migratory birds, such as great blue herons, black ducks and kingfishers.
In settlement of the trustees' natural resource damages claims, the defendants have agreed to pay $4.25 million. Of this amount, $3,812,127 will be used by the trustees to implement natural resource restoration projects to compensate for injury caused by the hazardous substances disposed of at the site. The trustees have not determined which particular projects will be implemented, but examples of potential projects include the creation of new wetlands and the restoration, enhancement or protection of existing wetlands. The remaining amount of the settlement figure – $437,873 – will reimburse federal and state trustees for damages assessment costs.
“This is good news for the environment and the resources that depend on wetlands for habitat,” said Acting Assistant Secretary of the Interior for Fish and Wildlife and Parks Rachel Jacobson. “After many years and much hard work, this agreement will enable the Department of the Interior to work closely with other co-trustees to restore habitat that was contaminated by industrial activities for decades.”
“This settlement will ensure that those responsible for damaging the environment will pay to replace the injured natural resources,” said Massachusetts Attorney General Martha Coakley. “Massachusetts rivers and wetlands deserve our rigorous protection and our environmental laws provide a remedy for harm to natural resources no matter how long ago the violations occurred.”
“The U.S. Fish and Wildlife Service is proud to be one step closer to restoring the Aberjona River area to a cleaner, healthier environment for wildlife and people,” said Wendi Weber, U.S. Fish and Wildlife Service Northeast Regional Director. “We look forward to working with local communities to select and implement restoration projects that will be funded by the responsible parties without cost to the taxpayer.”
“We're proud to join with our federal and municipal partners to hold industry accountable for environmental harm. Protecting our precious environmental resources is important work for our communities, our wildlife and for the benefit of future generations,” said Massachusetts Energy and Environmental Affairs Secretary Rick Sullivan.
“We will ensure that stakeholders active in the Mystic River watershed will be active participants in the process to use these NRD funds to restore the injured natural resources,” said Commissioner Kenneth Kimmell of the Massachusetts Department of Environmental Protection, which will staff the Trustee Council for the Commonwealth.
During the period from the late 1850s to the 1960s, predecessors of Pharmacia Corporation and Bayer CropScience manufactured various products at the site, including sulfuric acid, arsenic insecticides, organic chemicals, munitions, and glue. Those predecessors include the Merrimac Chemical Company and the Stauffer Chemical Company, among others.
The settling defendants have entered into prior consent decrees approved by the U.S. District Court of the District of Massachusetts in 1989 and 2008, under which they have agreed to implement remedies selected for the site by the U.S. Environmental Protection Agency. These prior settlements did not address the trustees' natural resource damages claims.
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