U.S.-INDIANA REACH $26 MILLION CLEANUP SETTLEMENT

FROM:  U.S. JUSTICE DEPARTMENT 

Wednesday, September 3, 2014

U.S. and Indiana Enter into Settlement for $26 Million Cleanup in East Chicago, Indiana

Under a proposed settlement reached with the United States and the state of Indiana, the Atlantic Richfield Company and E.I. Du Pont de Nemours and Co. (DuPont) will pay for an estimated $26 million cleanup of lead and arsenic contamination in parts of a residential neighborhood in East Chicago, Indiana, announced the U.S. Department of Justice and the U.S. Environmental Protection Agency (EPA).

The yards in this neighborhood are contaminated with lead and arsenic through industrial operations that took place from at least the early 1900s through 1985.  During that time, lead smelting and refining as well as other manufacturing processes that used lead and arsenic were located on and near the area that came to be known as the Calumet neighborhood of East Chicago.  The cleanup will involve digging up contaminated soil, hauling it away for disposal, and restoring the yards with clean soil.

Under the settlement, EPA itself will do the work in the neighborhood.  EPA will identify the yards that need to be remediated, will work with property owners to develop property‑specific drawings showing which soils on each property must be excavated, will do the excavation, and will restore the properties after excavation is complete.  Atlantic Richfield and DuPont will pay for EPA’s work and will also be responsible for transporting the contaminated soil out of the neighborhood and properly disposing of it.

To manage the cleanup, EPA and the state divided the Calumet neighborhood into three zones.  Today’s settlement covers two of them: a neighborhood that includes the Carrie Gosch Elementary School and residences operated by the East Chicago Housing Authority and a neighborhood located between the Elgin & Joliet Railway Line on the west and Parrish Avenue on the east.  Cleanup of the third area of the Calumet neighborhood is the subject of further discussions.

“Under this settlement, Atlantic Richfield and DuPont will fund the first phase of cleaning up historical lead and arsenic contamination in residential properties in part of East Chicago,” said Sam Hirsch, Acting Assistant Attorney General for the Department of Justice’s Environment and Natural Resources Division.  “This marks the start, not the end, of cleaning up the contamination that has burdened this community for far too long.”

“This settlement ensures that almost 300 residential properties, parks and public spaces in East Chicago will be cleaned up – and that the companies responsible for contaminating those sites will pay 100 percent of the costs for this phase of the cleanup,” said EPA Regional Administrator Susan Hedman.

“My office previously has worked through the federal courts in other cases to improve the quality of life for citizens of East Chicago,” said Indiana Attorney General Greg Zoeller, whose office represented the Indiana Department of Environmental Management.  “Under this appropriate cooperative effort between the state of Indiana and federal EPA, and with the commitments of the settling corporations, East Chicago residents will see progress made toward removing a health hazard and producing long-term benefit for their community.”

“This is great news for the citizens whose homes have been impacted,” said Indiana Department of Environmental Management (IDEM) Commissioner Thomas Easterly.  “Everyone wins when responsible parties come together and agree to do what is best for the community.”

The Calumet neighborhood is part of an EPA Superfund site known as the USS Lead Site.  EPA previously investigated the contamination in this neighborhood and issued a decision calling for its cleanup.

In a complaint filed simultaneously with the settlement, the United States and the state allege that Atlantic Richfield and DuPont are liable under the Superfund law for the cleanup because they or their predecessors either are owners or were owners/operators of plants that released lead and arsenic into the environment.

GOVERNMENT, LOWE'S SETTLE HOME RENOVATIONS LEAD POLLUTION CASE

FROM:  U.S. JUSTICE DEPARTMENT 

Thursday, April 17, 2014

Corporate-Wide Settlement with Lowe’s Protects Public from Lead Pollution During Home Renovations

Lowe’s Home Centers, one of the nation’s largest home improvement retailers, has agreed to implement a comprehensive, corporate-wide compliance program at its more than 1,700 stores nationwide to ensure its contractors minimize lead dust from home renovation activities, as required by the federal Lead Renovation, Repair and Painting (RRP) Rule, the Department of Justice and the U.S. Environmental Protection Agency (EPA) announced.  The company will also pay a $500,000 civil penalty, which is the largest ever for violations of the RRP Rule.

The settlement stems from violations, discovered by EPA inspectors, of the RRP Rule’s recordkeeping and work practice standards at private homes that had been renovated by Lowe’s contractors.  EPA enforces the RRP and other lead rules to protect children and others who are vulnerable to exposure to lead dust that can cause lead poisoning.

“Today’s settlement requires Lowe’s to institute a robust, nationwide program at its more than 1,700 stores nationwide to ensure that the contractors it hires to perform renovation projects, like window and carpet installation, are properly certified and adhere to practices that help prevent lead contamination in customers’ homes,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division.  “This action, the first of its kind to address lead safe work practices on a system-wide basis, will help prevent children’s exposure to lead in communities across the nation by raising home improvement contractors’ awareness of EPA’s lead safety regulations and contributing to a culture of compliance.”

“Today’s settlement sends a clear message to all contractors and the firms they hire: Get lead certified and comply with the law to protect children from exposure to dangerous lead dust,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance.  “Lowe’s is taking responsibility for the actions of the firms it hires, and EPA expects other contractors to do the same.”

“Protecting our most valuable assets, our children, is something that I will always do,” said Stephen R. Wigginton, U.S. Attorney for the Southern District of Illinois.  “This settlement will ensure that not only children in southern Illinois, but children throughout the United States will be better protected from the known hazards associated with lead exposure.  I commend Lowe’s for taking responsibility and entering into this agreement.”

EPA discovered the violations through a review of records from completed renovations performed by contractors hired by the following Lowe’s stores: Alton, Ill.; Kent and Trotwood, Ohio; Bedford, N.H.; Southington, Conn.; South Burlington, Vt.; Rochester, N.Y.; Savannah and Lebanon, Tenn.; Boise, Idaho Falls and Nampa, Idaho; and Muldoon, Alaska.

The government complaint alleged that Lowe’s failed to provide documentation showing that its contractors had been certified by EPA, had been properly trained, had used lead-safe work practices, or had correctly used EPA-approved lead test kits at renovation sites.   Additionally, EPA’s investigation found that Lowe’s contractors had failed to ensure that work areas had been properly contained and cleaned during renovations at three homes.  EPA’s investigation was prompted by tips and complaints submitted by the public.

In addition to the civil penalty, Lowe’s must implement a comprehensive compliance program to ensure that the contractors it hires to perform work for its customers comply with the RRP Rule during renovations of any child-occupied facilities, such as day-care centers and schools, and any housing that was built before 1978.  For these projects, Lowe’s must contract with only EPA-certified renovators, ensure they maintain certification, and ensure they use lead safe work practices checklists during renovations.  In addition, Lowe’s must suspend anyone that is not operating in compliance with the rule, investigate all reports of potential noncompliance and ensure that any violations are corrected.

The RRP Rule, which implements the federal Toxic Substances Control Act, is intended to ensure that owners and occupants of housing built before 1978, as well as any child-occupied facilities, receive information on lead-based paint hazards before renovations begin, and that individuals performing such renovations are properly trained and certified by EPA and follow specific work practices to reduce the potential for lead-based paint exposure.  Home improvement companies such as Lowe’s that contract with renovators to perform renovation work must ensure that those contractors comply with all of the requirements of the RRP Rule.

Lead-based paint was banned in 1978 but still remains in many homes and apartments across the country.  Lead dust hazards can occur when lead paint deteriorates or is disrupted during home renovation and remodeling activities.   Lead exposure can cause a range of health problems, from behavioral disorders and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing.

In February 2014, EPA announced enforcement actions that require 35 home renovation contractors and training providers to take additional steps to protect communities by minimizing harmful lead dust from home renovation activities, as required by the RRP Rule.  Those settlements generated a total of $274,000 in civil penalties.

Renovators that are certified under EPA’s RRP Rule are encouraged to display EPA’s “Lead-Safe” logo on worker’s uniforms, signs, websites and other material, as appropriate.   Consumers can protect themselves by looking for the logo before hiring a home renovator.

Lowe’s operates over 1,700 stores throughout the U.S., with over 120 additional stores located in Canada and Mexico.   Lowe’s Home Centers, LLC, formerly known as Lowe’s Home Centers Inc. and Lowe’s HIW Inc., is headquartered in Mooresville, N.C.

The consent decree was lodged in the U.S. District Court for the Southern District of Illinois.  Notice of the lodging of the consent decree will appear in the Federal Register allowing for a 30-day public comment period before the consent decree can be entered by the court as final judgment.

ACID MANUFACTURER SETTLES NITROGEN OXIDES EMISSIONS CASE

FROM:  U.S. JUSTICE DEPARTMENT 
Wednesday, March 19, 2014
North America’s Largest Acid Manufacturer and Its Subsidiaries Agree to Slash Emissions and Reduce Air Pollution

LSB Industries Inc. (LSB), the largest merchant manufacturer of concentrated nitric acid in North America, and four of its subsidiaries have agreed to reduce harmful emissions of nitrogen oxides (NOx) by meeting emission limits that are among the lowest for the industry in the nation at plants in Alabama, Arkansas, Oklahoma and Texas, the U.S. Environmental Protection Agency (EPA) and Department of Justice announced today.

EPA estimates that the measures required by today’s settlement will reduce NOx emissions by more than 800 tons per year, directly benefitting surrounding communities, which include low-income and minority populations living near the Arkansas and Texas plants.  The companies estimate that it will cost between $6.3 and $11.7 million to implement the measures required by the settlement.

“With today’s settlement, LSB and its subsidiaries are further improving the nitric acid manufacturing process and reducing harmful air pollution across four states,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division.  “In response to the Clean Air Act and state law claims, the companies have taken a constructive and cooperative approach by agreeing to implement global operational changes and mitigate past emissions.  These actions raise the bar for compliance in this industry sector.”

“This case is about cleaner air for people living in communities near manufacturing plants,” said Cynthia Giles, Assistant Administrator of EPA’s Office of Enforcement and Compliance Assurance.  “LSB Industries has committed to dramatic cuts in air pollution and ensuring they are in compliance with the law.  We expect others in the industry to recognize the imperative to adopt reforms and reduce pollution in communities where they operate.”

LSB and its four nitric acid producing subsidiaries will also pay a total penalty of $725,000 to resolve alleged violations of the Clean Air Act and applicable Oklahoma state law.  In addition to paying the penalty, the companies must continuously monitor emissions and make any necessary operational improvements such as installing new pollution controls or upgrading current controls to meet the new NOx limits.

The settlement applies to the 10 nitric acid manufacturing plants owned or operated by the following Oklahoma City-based LSB subsidiaries: El Dorado Chemical Co., in El Dorado, Ark. (four plants); Cherokee Nitrogen Co. in Cherokee, Ala. (two plants); El Dorado Nitrogen Co. in Pryor, Okla. (three plants); and El Dorado Nitrogen Co. in Baytown, Texas (one plant).  The complaint, filed concurrently with the settlement, alleges that the Cherokee, El Dorado and Pryor subsidiaries constructed or made modifications to their plants that resulted in increased emissions of NOx without first obtaining pre-construction permits and installing pollution controls.  The complaint does not allege any violations regarding the Texas facility.

Today’s action is part of EPA’s national enforcement initiative to control harmful air pollution from the largest sources of emissions, including acid manufacturing facilities.  High concentrations of NOx in the air can irritate the lungs and lower resistance to respiratory infections such as influenza.  Continued or frequent exposure may cause increased incidence of acute respiratory illness in children.  Further, airborne NOx can significantly contribute to acid rain and lead to the formation of smog.

The companies have also agreed to spend $150,000 to remediate and reforest ten acres of land with acidified soils located near El Dorado, Ark.  NOx emissions, such as those from nitric acid plants, can contribute to soil acidification.  The project will help to minimize erosion, reduce stormwater runoff, improve habitat for wildlife and capture carbon dioxide, a greenhouse gas.

The states of Oklahoma and Alabama are co-plaintiffs in today’s settlement and will receive a portion of the total penalty as follows: $206,250 will be paid to the Oklahoma Department of Environmental Quality and $156,250 will be paid to the Alabama Department of Environmental Management.

LSB, headquartered in Oklahoma City, Okla., is a major producer of nitrogen-based fertilizers, including anhydrous ammonia, urea and ammonium nitrate.  The company owns and operates the largest fleet of concentrated nitric acid rail cars in the United States.  LSB and its subsidiaries produce nitric acid for use in products that include herbicides, metal treatment, explosives and pharmaceuticals.

TEXAS-BASED COMPANIES AGREE TO SETTLE CAA VIOLATIONS RELATED TO ILLEGAL IMPORT OF VEHICLES

FROM:   JUSTICE DEPARTMENT 
Monday, January 6, 2014
Dallas-Based Companies Agree to Pay Civil Penalty to Settle Clean Air Act Violations Stemming from Illegal Import of Vehicles

A Dallas-based group of companies and their owner must either stop importing vehicles or follow a comprehensive compliance plan to settle Clean Air Act (CAA) violations stemming from the alleged illegal import of over 24,167 highway motorcycles and recreational vehicles into the United States without proper documentation, the Department of Justice and the U.S. Environmental Protection Agency (EPA) announced.  The four parties are also required to pay a $120,000 civil penalty.

“Importers of foreign made vehicles and engines must comply with the same Clean Air Act requirements that apply to those selling domestic products,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division.  “We will continue to vigorously enforce 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.”

“Vehicles are one of the largest sources of pollution that significantly affect public health,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Holding importers accountable for meeting U.S. emissions standards is critical to protecting the air we breathe, and to protecting companies that play by the rules.”

Savoia, BMX Imports and BMX Trading, and their owner, Terry Zimmer, allegedly imported the vehicles from several foreign manufacturers into the United States through the Port of Long Beach, Calif.   The vehicles were then sold through the Internet and from a retail location in Dallas, Texas.

Today’s settlement requires that the companies either certify that they are no longer engaging in CAA-regulated activities or follow a comprehensive plan over the next five years that would include regular vehicle inspections, emissions testing, and other measures to ensure compliance at various stages of purchasing, importing, and selling vehicles.  In addition, the companies are required to export or destroy 115 of their current vehicles that have catalytic converters or carburetors that do not adhere to the certificate of conformity that they submitted to EPA.  The purpose of the certificate of conformity, required by the CAA, is to demonstrate that vehicles or engines meet applicable federal emission standards.

EPA discovered the alleged violations through inspections at Long Beach and other U.S. ports of entry, and through information provided by the company.   EPA’s investigation showed that approximately 11,000 of the imported vehicles were not covered by an EPA certificate of conformity, which means that EPA is unable to confirm that the emissions from these vehicles meet federal standards.  Other violations included approximately 23,000 vehicles sold without the required emissions warranty and approximately 500 vehicles that did not have proper emission control labels.

The CAA requires that all vehicles have certification, warranty and labeling prior to being imported or sold in the United States to demonstrate that they meet federal emission standards.  Engines operating without proper emissions controls can emit excess carbon monoxide, hydrocarbons and nitrogen oxides which can cause respiratory illnesses, aggravate asthma and contribute to the formation of ground level ozone or smog.

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

OIL COMPANY TO PAY $18 MILLION TO RESOLVE CLEAN AIR ACT VIOLATIONS AT A UTAH REFINERY

FROM:  U.S. DEPARTMENT OF JUSTICE 

Friday, August 23, 2013
Big West Oil to Pay Penalty and Spend $18 Million on Emission Controls to Resolve Clean Air Act Violations at North Salt Lake Refinery
Company to Reduce Harmful Sulfur Dioxide, Nitrogen Oxide and Particulate Emissions and Improve Chemical Monitoring

Big West Oil LLC has agreed to pay a $175,000 penalty and to spend approximately $18 million to install emission controls at its refinery in North Salt Lake, Utah, announced the Department of Justice and the U.S. Environmental Protection Agency (EPA) today.  Big West Oil will also invest $253,000 to improve the monitoring and management of potential releases of hydrofluoric acid at the facility.

Today’s agreement resolves alleged violations of key provisions of the Clean Air Act at the refinery, including requirements associated with the Prevention of Significant Deterioration and New Source Performance Standards.

When fully implemented, the controls and requirements under the agreement will reduce emissions of sulfur dioxide (SO2) by approximately 158 tons per year (tpy), nitrogen oxides (NOx) by approximately 32 tpy, and particulate matter (PM) by approximately 36 tpy.  Additional reductions of volatile and hazardous pollutants, such as benzene, are expected as a result of compliance with leak detection and repair requirements.

Sulfur dioxide and nitrogen oxides contribute to ground-level ozone, acid rain and the degradation of terrestrial and aquatic ecosystems and can also irritate the lungs and contribute to respiratory illnesses.  Fine particle pollution contains microscopic solids and liquid droplets that can penetrate deep into the lungs and cause significant lung and heart damage.

“This settlement will result in substantial reductions in harmful air pollution and, building on previous settlements with area refineries, marks another step forward in improving the quality of air Utahns breathe in the Salt Lake City area,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division.  “Big West Oil will be required to install advanced technology pollution controls that will benefit the health and environment of its neighbors and future generations.”

“EPA continues to secure significant settlements with refineries that benefit public health and improve air quality in our communities,” said EPA Regional Administrator Shaun McGrath.  “Today’s agreement will help bring Big West Oil’s refinery up to date with industry standards to protect the environment.”

Today’s settlement requires Big West Oil to install a state-of-the-art flue gas filter system to control emissions of PM and to place ultra-low NOx burners on four heaters and boilers.  The company will also undertake measures to reduce SO2 emissions from the refinery by, among other things, restricting hydrogen sulfide (H2S) in fuel gas and installing and operating a caustic scrubber system at the sulfur recovery plant.

Additionally, Big West Oil has agreed to make numerous upgrades to its leak detection and repair program, including the installation of low-leaking valves, and to enhance its waste operations to minimize or eliminate fugitive benzene emissions.  The cost of the measures to be taken by the refinery is estimated at $18 million.

In addition, the company will spend $253,000 on a supplemental environmental project to install a laser detection system around the perimeter of the Hydrofluoric Acid Alkylation Unit that will improve the detection and response to releases of potentially hazardous acid.  This system will reduce emissions and enhance safety for refinery workers and nearby communities.

The reduction in pollutants will benefit communities near the refinery, which include significant minority and low-income populations.  The refinery is also located in an area designated as nonattainment for the federal 24-hour standard for fine particles (PM2.5).

Under the PSD permitting requirements, certain large industrial facilities making modifications that increase air pollutant emissions are required to install state-of-the-art air pollution controls.  EPA investigations in various industries, including petroleum refining, reveal that many facilities fail to install pollution controls after modifications, causing them to emit pollutants that can impact air quality and public health.  The Clean Air Act’s New Source Performance Standards require additional control measures at refineries.  Enforcing these requirements reduces air pollution and ensures that facilities that are complying with the requirements are not at a competitive disadvantage.

Since March 2000, the EPA has entered into 31 settlements with companies that refine greater than 90 percent of the domestic petroleum refining capacity.  These settlements cover 107 refineries in 32 states and territories.  Once the settlements are fully implemented, the companies will have reduced emissions of NOx, SO2, and other pollutants by more than 360,000 tons per year.  The settling refiners have invested or will invest more than $6.5 billion in new pollution control technologies and have paid more than $93 million in penalties.  In addition, the settlements reached to date account for more than $80 million in supplemental environmental projects.

EPA SAYS POLLUTION INCREASED IN GREAT LAKES BASIN FROM 2010-2011

Sunset on Lake Michigan, From Wikimedia Commons, U.S. National Oceanic and Atmospheric Administration

FROM: ENVIRONMENTAL PROTECTION AGENCY, , GREAT LAKES BASIN, TOXIC RELEASES INTO THE GREAT LAKES

EPA’s 2011 Toxics Release Inventory Shows Increase in Great Lakes Basin Pollution

(Chicago-January 16, 2013) Toxic releases into surface waters in the Great Lakes Basin increased by 12 percent from 2010 to 2011, according to the U.S. Environmental Protection Agency’s annual Toxics Release Inventory report published today. Nationwide, toxic surface water discharges decreased by 3 percent.

"This is a significant increase in toxic releases to our waters – and an indication that the Great Lakes region is lagging behind other parts of the country," said Susan Hedman, EPA Region 5 Administrator and Great Lakes National Program Manager. "EPA’s Toxic Release Inventory is a valuable tool to help target areas for improvement and we will use this new information to work with municipalities, agricultural producers and manufacturers in the Great Lakes Basin to improve water quality."

Nitrates and pesticides from municipal wastewater treatment plants and agriculture account for most of the toxic surface water discharges to the Great Lakes Basin. Nitrates were also discharged by primary metals facilities, such as iron and steel mills and smelters, and food and beverage manufacturers.

The Great Lakes Basin consists of Lakes Superior, Michigan, Huron, Erie and Ontario; a number of other smaller lakes and waterways; and the surrounding watershed. The watershed covers parts of Illinois, Indiana, Minnesota, Michigan, New York, Ohio, Pennsylvania and Wisconsin, and parts of Ontario in Canada. The Great Lakes are the largest surface freshwater system in the world.

Despite increases from 2010 to 2011, overall toxic releases in the Great Lakes Basin have decreased about 40 percent since 2003 and are currently at the second-lowest level in a decade. Surface water, air and land releases in the basin increased by 12, 1 and 4 percent respectively, while underground injection decreased 5 percent from 2010 to 2011.

Nationwide, the 2011 TRI data show total toxic air releases in 2011 declined 8 percent from 2010, mostly because of decreased emissions of hazardous air pollutants. Total releases of toxic chemicals increased for the second year in a row as a result of mining.

EPA’s TRI program collects information on toxic chemical releases to the air, water and land, as well as information on waste management and pollution prevention activities by facilities across the country. Facilities must report their toxic releases to EPA under the Federal Emergency Planning and Community Right-to-Know Act by the beginning of July each year.

The Pollution Prevention Act of 1990 also requires information on waste management activities related to TRI chemicals. Also, EPA’s TRI mobile application, myRTK, geographically displays nearby facilities that report to the TRI program, as well as facilities with EPA air, water or hazardous waste program permits.

EPA ANNOUNCES VOLUNTARY CLEAN AIR PROGRAM CALLED 'PM ADVANCE'

FROM: ENVIRONMENTAL PROTECTION AGENCY

EPA launches new voluntary program to help reduce harmful soot pollution

WASHINGTON – The Environmental Protection Agency (EPA) today announced a new voluntary clean air program, 'PM Advance,' to help communities continue to meet soot pollution standards, improve air quality and protect public health.

PM Advance focuses on working with communities to develop strategies for reducing harmful fine particle emissions.

Soot, also known as fine particle pollution, can penetrate deep into the lungs and has been linked to a wide range of serious health effects, including premature death, heart attacks, and strokes, as well as acute bronchitis and aggravated asthma among children.

On December 14, 2012, EPA updated the national air quality standards for PM 2.5 by revising the annual standard to 12 micrograms per cubic meter (ug/m3). Updated last in 1997, the revised annual standard will have major economic benefits with comparatively low costs. EPA estimates health benefits of the revised standard would range from $4 billion to over $9 billion per year.

The PM Advance program is designed to help communities who meet current standards continue to meet the standards. Early work to reduce fine particles, such as PM Advance participation, can be incorporated into required planning. Through the program, participants will commit to taking specific steps to reduce fine particle pollution, such as putting in place a school bus retrofit program or an air quality action day program, while EPA will supply technical advice, outreach information, and other support.

While federal rules are expected to ensure that most areas meet the new standards, areas can participate in PM Advance to help them remain in attainment.

WASTWATER TREATMENT OPERATOR SENTENCED TO PRISON FOR ILLEGAL DISCHARGE INTO RED RIVER

FROM: U.S. DEPARTMENT OF JUSTICE

Wednesday, December 5, 2012
Shreveport, La., Wastewater General Manager and Former Owner Sentenced to Five Years in Prison for Discharging Pollutants into the Red River

WASHINGTON – John Tuma, 55, of Centerville, Texas, was sentenced today following his March 21, 2012, trial conviction by a federal jury for discharging untreated wastewater directly into the Red River without a permit, discharging untreated wastewater into the city of Shreveport sewer system in violation of its permit and obstructing an EPA inspection, announced Ignacia S. Moreno, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney Stephanie A. Finley of the Western District of Louisiana. U.S. District Judge Tom Stagg sentenced John Tuma to a 60-month prison sentence, three years of supervised release and a $100,000 fine.

John Tuma, who was both general manager and the former owner of Arkla Disposal Services Inc., was charged in a five-count indictment with violations of the Clean Water Act, conspiracy and obstruction of justice related to illegal discharges coming from the Arkla Disposal Services Inc., a facility in Shreveport. The Arkla facility, located at 10845 Highway 1 South in Shreveport, was a centralized wastewater treatment facility that received wastewater from industrial processes and oilfield exploration and production facilities. Arkla contracted to treat the wastewater through a multi-step treatment process and then discharge the treated wastewater to either the City of Shreveport publicly owned treatment works or the Red River.

The case was investigated by EPA’s Criminal Investigation Division and is being prosecuted by Assistant U.S. Attorney C. Mignonne Griffing and Trial Attorney Leslie E. Lehnert of the Environmental Crimes Section of the Department of Justice.

U.S. JUSTICE DEPARTMENT SETTLES CLEAN AIR VIOLATIONS WITH DAIRY COMPANY

Photo Credit:  Wikimedia.

FROM: U.S. DEPARTMENT OF JUSTICE

Monday, October 1, 2012
Settlement with Suiza Dairy Corporation for Violations at Facilities in Puerto Rico Will Make Facilities Safer, Benefit Nearby Communities

WASHINGTON – Suiza Dairy has agreed to pay a penalty and make significant upgrades to settle Clean Air Act violations, the Department of Justice and the U.S. Environmental Protection Agency (EPA) announced today. The case stems from violations at two Suiza Dairy Corporation dairies located in Rio Piedras and Aguadilla, Puerto Rico, including two major releases of anhydrous ammonia from the Rio Piedras facility.

The Clean Air Act violations stem from Suiza’s failure of its general duty of care to identify hazards and to maintain safe facilities and its failure to comply with regulatory requirements for process safety management under the Clean Air Act, as well as Suiza’s failure to comply with administrative orders at both facilities.

"This settlement penalizes Suiza for violations of the Clean Air Act that resulted in two illegal releases of poisonous gas that put the community at risk, including one release that caused the hospitalization of several residents," said Ignacia S. Moreno, Assistant Attorney General of the Environment and Natural Resources Division at the Department of Justice. "Today’s agreement will prevent future violations of the Clean Air Act safety standards by requiring Suiza to upgrade its refrigeration technology and emergency notification system."

"Reducing toxics in the air is a priority for the EPA. These facilities were very poorly run and the communities around them suffered as a result, with some people being sickened by a major release of ammonia into the air," said Judith A. Enck, EPA Regional Administrator. "This settlement requires the company to comply with the law and not jeopardize people’s health."

As part of the consent decree announced today, Suiza will pay a penalty of $275,000. Suiza will also spend approximately $3.75 million on projects that will significantly improve the refrigeration systems at both facilities, considerably reduce the amount of anhydrous ammonia in the systems at both facilities, improve alarm and ammonia release notification procedures, and provide medical training and/or equipment to medical personnel to treat persons affected by exposure to anhydrous ammonia. Suiza will also conduct community emergency drills in the communities located adjacent to the facilities, to train community members on what to do in the event of an accidental release of anhydrous ammonia.

Suiza’s first accidental ammonia release from the Rio Piedras facility was in July 2005. Then in May 2007, approximately 1,146 pounds of anhydrous ammonia was released into the atmosphere causing at least 14 residents from the community located near the Rio Piedras Facility to require medical attention. At least nine of the people requiring medical attention also required an overnight stay in the local hospital.

Following these releases, and complaints from residents near the Aguadilla facility, EPA submitted information requests to Suiza and conducted multiple inspections at both facilities. In September 2007, EPA issued Suiza administrative orders for both facilities, ordering Suiza to bring the facilities into compliance. Suiza failed to comply with both orders.

As a result of Suiza’s failure to comply with the orders and the substantive violations at both facilities, EPA reinspected both facilities in May and October 2009. Over 40 violations were identified at each facility; violations included, for example: corrosion to anhydrous ammonia transfer lines, failure to implement an adequate alarm system, improper labeling of valves and equipment, and improper ventilation.

The settlement requires Suiza to implement over 40 compliance measures at each facility to address the violations. In addition, the company has agreed to spend at least $3 million to reduce the amount of anhydrous ammonia used in the refrigeration process at the facilities, from approximately 18,000 pounds to less than 8,400 pounds at the Rio Piedras facility (54 percent reduction) and from 4,700 pounds to less than 3,300 pounds at the Aguadilla facility (30 percent reduction). Suiza will also install an enhanced alarm system at the Aguadilla facility that will continuously monitor anhydrous ammonia operating pressures, temperatures and levels, as well as automatically alert operators to conditions not within normal operational ranges for these parameters.

Justice Department and the EPA conducted community meetings near both facilities in August 2011. Partly as a result of that outreach, and the suggestions made by community members at those meetings, Suiza has agreed to conduct community emergency drills in the communities located adjacent to the facilities. Suiza will coordinate with first responders and EPA to simulate an accidental anhydrous ammonia release and train community members on what to do in the event of such a release.

EPA PRESENTS 2012 GREEN POWER LEADERSHIP AWARDS

Photo:  Solar Panels.  Credit:  U.S. Navy.

FROM: ENVIRONMENTAL PROTECTION AGENCY
EPA Honors Organizations for Supporting Green Power

WASHINGTON – Today the U.S. Environmental Protection Agency (EPA) presented its 12th annual Green Power Leadership Awards to 24 Green Power Partners and three suppliers for their achievements in advancing the nation’s renewable electricity market. For most municipalities, electricity usage is the single-largest source of greenhouse gas emissions. By using green power, communities and businesses can dramatically reduce greenhouse gas emissions, create local jobs, and improve public health.

"Our 2012 Green Power Leadership Award winners have not only demonstrated commendable civic leadership in their efforts to use renewable energy sources, they’ve also helped to reduce our carbon footprint and cut back on pollution – all while supporting America's growing renewable energy industry," said EPA Administrator Lisa P. Jackson. "Thanks to their commitment -- and the commitment of all of our Green Power Partners -- our country is one step closer to a cleaner, more sustainable energy future."

"Green power" is electricity generated from renewable resources, such as solar, wind, geothermal, biogas and low-impact hydro, and produces no net increase of greenhouse gas emissions. From purchasing 100-percent green power to installing large-scale solar panel arrays, the award winners help demonstrate that green power makes sense not only for Americans' health and environment but for business' bottom lines.

The 2012 Green Power Leadership Award winners are listed below in the following categories:

First-ever Sustained Excellence in Green Power: Intel Corporation, Kohl’s Department Stores, Staples, and Whole Foods Market
Green Power Partner of the Year: City of Austin, Texas; Hilton Worldwide; Microsoft Corporation; and the University of Oklahoma
Green Power Community of the Year: Beaverton, Ore. and Oak Park, Ill.
Green Power Purchasing: American University; Bloomberg L.P.; City of Philadelphia, Pa.; Hobart and William Smith Colleges; Kettle Foods; Lockheed Martin; McDonald’s USA, LLC; MOM’s Organic Market; NYSE Euronext; Quinnipiac University; TD Bank; and The North Face
On-site Generation: Coca-Cola Refreshments and Zotos International, Inc.
Green Power Supplier of the Year: Renewable Choice Energy and Sterling Planet
Innovative Green Power Program of the Year: Wellesley Municipal Light Plant

The 24 award-winning partners were chosen from more than 1,300 partner organizations. Utilities, renewable energy project developers and other green power suppliers were eligible to apply for the Supplier of the Year and Program of the Year awards.

EPA also announced the winners of the second annual Green Power Community Challenge, a national competition between communities to use renewable energy and reduce greenhouse gas emissions. In addition to the Green Power Community of the Year award, Oak Park, Ill. also won the community challenge for achieving the highest green power percentage of total electricity use at 92 percent. Washington, D.C. also won the challenge for a second year in a row for using the most green power annually with more than one billion kilowatt-hours (kWh).

EPA, through the Green Power Partnership, works with partner organizations, over half of which are small businesses and nonprofit organizations, to reduce the environmental impacts of conventional electricity use. Partners are voluntarily using more than 23 billion kWh of green power annually. Through their use of green power, these organizations are avoiding carbon pollution equal to that created by the electricity use of more than two million average American homes each year.

PLASTICS PRODUCER RESOLVES CLEAR AIR ACT VIOLATIONS

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

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

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

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

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

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

EPA-VA WORK TOGETHER TO CONNECT VETERANS TO WATER JOBS

Photo:  Imperial Dam.  Credit:  U.S. Bureau of Reclamation
FROM:  U.S. ENVIRONMENTAL PROTECTION AGENCY
EPA and Department of Veterans Affairs to Connect Veterans with Jobs in Water Sectors
WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Veterans Affairs (VA) Vocational Rehabilitation and Employment Program announced today a memorandum of understanding to connect veterans with disabilities to career opportunities in the water and wastewater sectors -- such as at wastewater plants and drinking water facilities -- as part of EPA’s Water Sector Workforce Initiative. This effort will be beneficial to both the environment and economy as clean water and job placement for veterans are top priorities of the Obama Administration.

The agreement allows EPA and VA to connect qualified veteran employees with staffing needs at water and wastewater utilities. EPA and the VA will work with water utilities, states and local VA counselors to promote water sector careers and resources for finding water jobs for veterans as well as educational programs to help veterans transition into careers in water industries.

“This agreement comes at the perfect time to address the predicted workforce shortages in the water and wastewater industries and the need for transitioning veterans into civilian jobs,” said Nancy Stoner, acting assistant administrator for EPA’s Office of Water. “EPA believes that well-trained and experienced water sector professionals are vital to ensuring sustainable, properly operated systems.”

“VA has cultivated relationships with both public and private industry to ensure disabled veterans have opportunities to find and maintain meaningful employment,” said Under Secretary for Benefits Allison A. Hickey. “We are thrilled to forge this relationship with EPA to assist them with hiring veterans through our Vocational Rehabilitation and Employment Program.”

More than one-third of all current water operators are eligible to retire within seven years and, according to the U.S. Department of Labor, employment for water and wastewater operators is expected to grow by 20 percent between 2008 and 2018, faster than the national average for all other occupations. EPA sees the need to invest now in creating a pipeline of future water sector professionals to fill these essential water sector careers.

VA’s Vocational Rehabilitation and Employment Program assists more than 100,000 disabled veterans annually prepare for, find, and maintain meaningful careers. Veterans are an important target group for water and wastewater utility jobs because many veterans already possess training and technical skills that are directly transferable to careers in the water sector. There is a wide spectrum of water sector careers that veterans could be qualified for, including engineering, laboratory and water science, operations and maintenance, management and administration, communications, and public education. The Vocational Rehabilitation and Employment Program further supports veterans for the water workforce by providing necessary accommodations and additional training as needed.

EPA TO SPEND $20 MILLION TO MONITOR UNREGULATED CONTAMINANTS

FROM:  ENVIRONMENTAL PROTECTION AGENCY
EPA to Work with Drinking Water Systems to Monitor Unregulated Contaminants
WASHINGTON – The U.S. Environmental Protection Agency (EPA) today published a list of 28 chemicals and two viruses that approximately 6,000 public water systems will monitor from 2013 to 2015 as part of the agency’s unregulated contaminant monitoring program, which collects data for contaminants suspected to be present in drinking water, but that do not have health-based standards set under the Safe Drinking Water Act.

EPA will spend more than $20 million to support the monitoring, the majority of which will be devoted to assist small drinking water systems with conducting the monitoring. The data collected under the Unregulated Contaminant Monitoring Rule 3 (UCMR 3) will inform EPA about the frequency and levels at which these contaminants are found in drinking water systems across the United States and help determine whether additional protections are needed to ensure safe drinking water for Americans. State participation in the monitoring is voluntary. EPA will fund small drinking water system costs for laboratory analyses, shipping and quality control.

The list of contaminants to be studied includes total chromium and hexavalent chromium, also known as chromium-6. Addressing hexavalent chromium in drinking water is a priority for EPA Administrator Lisa P. Jackson. In January 2011, EPA issued guidance to all water systems on how to assess the prevalence of hexavalent chromium and in the March 2011 proposal for UCMR 3, EPA invited comments on whether the agency should include chromium in the final rule. Public comments received by EPA were strongly supportive of adding total chromium and hexavalent chromium for monitoring.

“The monitoring that will take place will provide EPA with invaluable information about what municipalities are seeing in their drinking water all across the country,” said EPA acting assistant administrator for Water Nancy Stoner. “The results of this multi-year monitoring effort will help inform EPA’s work to ensure Americans receive safe drinking water.”

EPA selected the contaminants by first reviewing the agency’s contaminant candidate list, which highlights priority contaminants that need additional research to support future drinking water protections. The contaminants on the list are known or anticipated to occur in public water systems. However, they are not addressed by existing national drinking water standards. Additional contaminants of concern were selected based on current occurrence research and health-risk factors.

EPA has standards for 91 contaminants in drinking water, and the Safe Drinking Water Act requires that EPA identify up to 30 additional unregulated contaminants for monitoring every five years.

MAY IS ASTHMA AWARENESS MONTH

FROM:  EPA
EPA Works to Help the Nearly 26 Million Americans with Asthma
Highlights Asthma Awareness Month in May 
WASHINGTON – The U.S. Environmental Protection Agency (EPA) is encouraging Americans to take action against asthma by learning more about the disease and how it affects their families and communities. Nearly 26 million Americans, including more than 7 million children, are affected by this chronic respiratory disease, including low income and minority populations at the highest rates.

"Asthma is a disease that touches the lives of American families every day. EPA is working hard to clean the air we breathe and reduce the environmental causes of asthma and other respiratory illnesses,” said EPA Administrator Lisa P. Jackson. “As we mark Asthma Awareness Month, it’s important for parents and children to learn more about the disease and its triggers, so we can prevent asthma attacks and better protect our health and our children's health."

The annual economic cost of asthma, including direct medical costs from hospital stays and indirect costs such as lost school and work days, amount to approximately $56 billion. Through the Clean Air Act, EPA has helped prevent millions of asthma attacks across the country and continues to work alongside federal, state and local partners to address this nationwide problem. In 2010 alone, pollution prevention standards under the Clean Air Act lead to reductions in fine particle matter and ozone pollution that prevented more than 1.7 million incidences of asthma attacks. Recent standards, such as the 2011 Mercury and Air Toxics Standards, will further reduce air pollution and help prevent asthma attacks.

Americans who suffer from asthma can learn to control their symptoms and still maintain active lifestyles. Here are some simple steps:

Know your Asthma Triggers and Avoid Them: Air pollution, dust mites, mold, secondhand smoke and even cockroaches can trigger asthma attacks. Learn your triggers and avoid them in your home and neighborhood.

Create an Asthma Action Plan: You can help avoid the emergency room by managing your asthma daily. With a doctor's help, you can create an asthma action plan to help you effectively manage your asthma and reduce exposure to triggers.

Get Active: Even if you have asthma, by taking the appropriate medications and avoiding your triggers, you can still participate in sports and activities.

Be 'Air Aware': Check local air quality conditions at airnow.gov and make informed decisions about participating in outdoor activities. To help, an Air Quality Index mobile app is available for smart phones.

TOP 3 GREEN-POWERED ORGANIZATIONS ACCORDING TO EPA

FROM:  EPA
EPA Releases List of Top 50 Green-Powered Organizations Intel, Kohl’s, Microsoft rank in top three WASHINGTON – The U.S. Environmental Protection Agency (EPA) released an updated list of the Top 50 Green Power Partnership organizations voluntarily using clean, renewable electricity from resources such as solar, wind, and low-impact hydropower. Intel Corporation tops the list as the largest single user of green power, followed by Kohl’s Department Stores and Microsoft Corporation. Combined, the Top 50 partners are using more than 15 billion kilowatt-hours (kWh) of green power annually. Through their use of green power, these top organizations are avoiding carbon pollution equal to that created by the electricity use of more than 1.3 million American homes each year.
EPA’s Green Power Partnership works with more than 1,300 partner organizations, over half of which are small businesses and nonprofit organizations, to voluntarily use green power. Green power resources produce electricity with an environmental profile superior to conventional power technologies, and produce significantly fewer greenhouse gas emissions.

“We applaud all of our Green Power Partners for their use of clean, renewable energy. For the first time, each of the Top 50 partners is using more than 100 million kilowatt-hours of green power annually,” said EPA Administrator Lisa P. Jackson. “Their actions help to reduce harmful carbon pollution that threatens the health of our planet and the air we breathe, and mark another step toward a new era of clean, innovative American energy.”

Intel has ranked number one on the list since 2008 and uses more than 2.5 billion kWh annually, or 88 percent of the company’s nationwide electricity use. Microsoft, which holds the number three spot, and McDonald’s USA LLC, which ranks eleventh, are new to the list.

The Green Power Partnership also updated the rankings of the 100 Percent Green Power Users list, which highlights close to 700 partners using green power for their entire electricity load, as well as its Top 20 Retailers and Top 20 Local Governments lists. Kohl’s ranks number one on both the Top 20 Retailers and 100 Percent Green Power Users lists while the City of Houston ranks number one on the Top 20 Local Governments list. 

EPA TOUTS NEW MAPPING TOOL FOR ENVIRONMENTAL REVIEWS AND PLANNING

FROM:  EPA WEBSITE
EPA Releases Innovative Mapping Tool to Improve Environmental Reviews and Planning
NEPAssist part of CEQ initiative to increase efficiency and effectiveness of environmental reviews
WASHINGTON – The U.S. Environmental Protection Agency (EPA) announced the public release of a web-based mapping tool developed for Federal agencies to facilitate more efficient and effective environmental reviews and project planning. The tool, NEPAssist, is part of an initiative developed by the White House Council on Environmental Quality (CEQ) to modernize and reinvigorate federal agency implementation of the National Environmental Policy Act (NEPA) through innovation, public participation and transparency. NEPAssist draws information from publicly available federal, state, and local datasets, allowing NEPA practitioners, stakeholders and the public to view information about environmental conditions within the area of a proposed project quickly and easily at early stages of project development.

“NEPA helps ensure that Federal agencies protect the health of our communities and the natural resources that support our economy,” said Nancy Sutley, Chair of the Council on Environmental Quality. “Making this tool available to the public will help make information more accessible, a key part of our effort to increase transparency for projects that impact American communities.”

“NEPAssist helps users identify the possible impacts of federal projects on local environments and communities,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “By making tools like NEPAssist available to the public, EPA is helping citizens to be involved in environmental decisions that affect their community.”

NEPA requires all federal agencies to incorporate environmental considerations in their planning and decision-making through a systematic interdisciplinary process. NEPAssist is designed to help promote collaboration and early involvement in the NEPA process by raising important environmental issues at the earliest stages of project development. The mapping tool can be used by Federal agencies to identify alternative project locations, to avoid and minimize impacts, as well as identify potential mitigation areas.

U.S & TENNESSEE REACH CLEAN WATER ACT AGREEMENT WITH CITY OF MEMPHIS.

FROM:  U.S. ENVIRONMENTAL PROTECTION AGENCY

U.S. and Tennessee Announce Clean Water Act Agreement with the City of Memphis
WASHINGTON – The U.S. Environmental Protection Agency, the U.S. Department of Justice, the Tennessee Department of Environment and Conservation and the Office of the Tennessee Attorney General announced a comprehensive Clean Water Act (CWA) settlement with the City of Memphis, Tenn. Memphis has agreed to make improvements to its sewer systems to eliminate unauthorized overflows of untreated raw sewage. Memphis estimates such work will cost approximately $250 million.  

 “EPA is working with communities across country to address sewage overflows that negatively impact the health of residents and impair local water quality,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “This collaborative agreement with the city of Memphis will reduce raw sewage overflows, protecting area waterways now and into the future.”

“The improvements required by this settlement agreement will bring lasting public health and environmental benefits to Memphis residents,” said Ignacia S. Moreno, assistant attorney general for the Justice Department’s Environment and Natural Resources Division. “We will continue to work in partnership with EPA to enforce the Clean Water Act and work with municipalities across the country to advance the goal of clean water for all communities.”

A consent decree, filed today in U.S. District Court for the Western District of Tennessee in Memphis, represents the combined efforts of the United States and the state of Tennessee, co-plaintiffs in this settlement, and the Tennessee Clean Water Network, an intervening plaintiff in this action. The United States and Tennessee previously filed a complaint against Memphis on February 5, 2010, seeking injunctive relief and civil penalties for Memphis’ alleged violations of the Clean Water Act and the Tennessee Water Quality Control Act.

The major features of the consent decree will require Memphis to implement specific programs designed to ensure proper management, operation and maintenance of its sewer systems to eliminate unauthorized overflows of untreated raw sewage. In order to address the problem of grease buildup within the sewer lines, Memphis developed and will be required to implement a comprehensive fats, oil and grease (FOG) program. Furthermore, the consent decree will require Memphis to develop and implement a continuing sewer assessment and rehabilitation program to ensure that the integrity of sewer infrastructure is appropriately maintained to prevent system failures that would likely result in unauthorized overflows. The consent decree will also require Memphis to perform corrective measures in certain specifically identified priority areas.

In addition to the control requirements, the consent decree will also require Memphis to pay a civil penalty of $1.29 million. Half of this amount will be paid to the United States. At the direction of the state, the other half of the civil penalty will be paid by Memphis through the performance of certain state projects. These projects include implementation of improvements to Memphis’ Geographic Information System (GIS) and implementation of an effluent color study to better delineate limits for the color of Memphis’ permitted discharges into the Mississippi River.

Keeping raw sewage and contaminated stormwater out of the waters of the United States is one of EPA’s national enforcement initiatives for 2011 to 2013. The initiative focuses on reducing sewer overflows, which can present a significant threat to human health and the environment. These reductions are accomplished by obtaining cities’ commitments to implement timely, affordable solutions to these problems, including the increased use of green infrastructure and other innovative approaches.

The United States has reached similar agreements in the past with numerous municipal entities across the country including Mobile and Jefferson County, Ala. (Birmingham); Atlanta and Dekalb County, Ga.; Knoxville and Nashville, Tenn.; Miami-Dade County, Fla.; New Orleans; Hamilton County (Cincinnati), Ohio; Northern Kentucky Sanitation District #1; and Louisville, Ky.

The proposed consent decree with Memphis is subject to a 30-day public comment period and final court approval.

EPA GREENHOUSE GAS INVENTORY PUBLISHED

FROM:  EPA
EPA Publishes National U.S. Greenhouse Gas Inventory
WASHINGTON – The U.S. Environmental Protection Agency (EPA) has released the 17th annual U.S. greenhouse gas inventory. The final report shows overall emissions in 2010 increased by 3.2 percent from the previous year. The trend is attributed to an increase in energy consumption across all economic sectors, due to increasing energy demand associated with an expanding economy, and increased demand for electricity for air conditioning due to warmer summer weather during 2010.

Total emissions of the six main greenhouse gases in 2010 were equivalent to 6,822 million metric tons of carbon dioxide. These gases include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. The report indicates that overall emissions have grown by over 10 percent from 1990 to 2010.

The Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2010 is the latest annual report that the United States has submitted to the Secretariat of the United Nations Framework Convention on Climate Change, which sets an overall framework for intergovernmental efforts to tackle the challenge posed by climate change. EPA prepares the annual report in collaboration with experts from multiple federal agencies and after gathering comments from stakeholders across the country.

The inventory tracks annual greenhouse gas emissions at the national level and presents historical emissions from 1990 to 2010. The inventory also calculates carbon dioxide emissions that are removed from the atmosphere by “sinks,” e.g., through the uptake of carbon by forests, vegetation and soils.

More on the greenhouse gas inventory report: http://www.epa.gov/climatechange/emissions/usinventoryreport.html

VIOLATORS OF EPA LEAD RENOVATION, REPAIR AND PAINTING RULE GET FINED

FROM EPA
EPA Fines Violators of the Lead Renovation, Repair and Painting Rule
WASHINGTON – The U.S. Environmental Protection Agency (EPA) announced three enforcement actions for violations of the Lead Renovation, Repair and Painting Rule (RRP) and other lead rules. The RRP rule requires the use of lead-safe work practices to ensure that common renovation activities like sanding, cutting and demolition, which can create hazardous lead dust, are conducted properly by trained and certified contractors or individuals. EPA finalized the RRP rule in 2008 and the rule took effect on April 22, 2010.

“Exposure to lead can cause serious health problems and affects our most vulnerable population, our children,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “By taking action to enforce lead rules we are protecting people’s health and ensuring that businesses that follow the rules have a level playing field.”

On March 21, 2012, Colin Wentworth, a rental property owner who was responsible for building operation and maintenance, agreed to pay $10,000 to resolve violations of the RRP rule. The complaint alleged that Mr. Wentworth’s workers violated the rule by improperly using power equipment to remove paint from the exterior surface of an 1850’s apartment building he owns in Rockland, Maine. The complaint also alleged that the workers had not received any training under the rule and that Mr. Wentworth had failed to apply for firm certification with the EPA. Because the lead dust had not been properly contained, residents were potentially exposed and the dust could have also contaminated the ground surrounding the apartment building. Two of the four units in the building were rented to recipients of U.S. Department of Housing and Urban Development Section 8 vouchers and there were at least four children under the age of 18, including one under the age of six, living in the units. The Maine Department of Environmental Protection and the Occupational Safety and Health Administration (OSHA) also responded to the alleged violations.

On March 20, 2012, Valiant Home Remodelers, a New Jersey window and siding company, agreed to pay $1,500 to resolve violations from failing to follow the RRP rule during a window and siding replacement project at a home in Edison, N.J. Valiant Home Remodelers failed to contain renovation dust, contain waste, and train workers on lead-safe work practices.

On February 21, 2012, Johnson Sash and Door, a home repair company located in Omaha, Neb., agreed to pay a $5,558 penalty for failing to provide the owners or occupants of housing built prior to 1978 with an EPA-approved lead hazard information pamphlet or to obtain a written acknowledgement prior to commencement of renovation activities at five homes. The complaint also alleged that Johnson failed to obtain initial certification prior to performing renovations at these residences.

As required by the law, a company or individual’s ability to pay a penalty is evaluated and penalties are adjusted accordingly.

These recent actions are part of EPA’s effort to ensure that contractors and individuals follow the RRP requirements and other lead rules to protect people’s health from exposure to lead. Lead exposure can cause a range of health effects, from behavioral problems and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing.

EPA PROPOSES CARBON POLLUTION STANDARD FOR NEW POWER PLANTS

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

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

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

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

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