FROM: U.S. JUSTICE DEPARTMENT
Friday, September 20, 2013
Texas Refinery Will Pay $8.75 Million for Failing to Comply with Enforcement Settlement to Resolve Air Violations
Total Petrochemical USA Inc. (Total) will pay an $8.75 million penalty for failing to comply with the terms of a 2007 settlement with the United States that resolved alleged violations of the Clean Air Act at its Port Arthur, Texas, refinery, the Department of Justice and the U.S. Environmental Protection Agency (EPA) announced today.
Between 2007 and 2011, Total violated numerous requirements of the 2007 settlement, including failing to comply with emissions limits for benzene, a harmful air pollutant. The company also failed to perform corrective actions or to analyze the cause of over 70 incidents involving emissions of hazardous gases through flaring. EPA discovered the violations through a review of the quarterly compliance reports required by the 2007 settlement.
The 2007 settlement required that Total pay a $2.9 million penalty and make upgrades to its facility to reduce emissions of harmful air pollution to resolve Clean Air Act violations. The 2007 settlement further required that Total upgrade leak detection and repair practices and implement programs to minimize flaring, which can result in emissions of gases that can cause serious respiratory problems and exacerbate asthma.
“Total failed repeatedly to adhere to obligations they willingly took on when they settled with the United States in 2007. These are court-enforceable requirements for the protection of the health of their Texas neighbors, not simply the cost of doing business,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Companies that settle with the United States must meet their obligations or there will be consequences, as this significant penalty demonstrates.”
“EPA has been working with local officials, community leaders and organizers, and local industry to improve living conditions for residents of Port Arthur. These efforts have already produced results, especially with the opening of the Westside Health Clinic,” said EPA Regional Administrator Ron Curry. “Clean air is essential for keeping communities healthy. EPA will continue its efforts to hold companies accountable for violating our nation’s environmental laws and meeting our enforcement orders and decrees.”
In addition to the penalty, today’s action extends the requirement that Total comply with a lower benzene emissions limit for an additional two years. The enhanced limit for benzene, which is 30 percent lower than the federal limit, was initially required by the 2007 settlement. In addition, Total must hire a third-party to audit its compliance under the settlement and must implement a company task force to monitor its compliance.
Reducing illegal emissions of toxic air pollutants at facilities that have a significant impact on air quality and health in communities is one of EPA’s national enforcement priorities.
Exposure to high concentrations of sulfur dioxide (SO2), a key pollutant emitted from refineries, can affect breathing and aggravate existing respiratory and cardiovascular disease, particularly in children and in the elderly. SO2 is converted in the air into fine particulate matter, which can harm health through decreased lung function, aggravated asthma, and premature death in people with heart or lung disease. Chronic exposure to benzene, a volatile organic compound which EPA classifies as a carcinogen, can cause numerous health impacts, including leukemia and adverse reproductive effects in women.
Total is a refiner and petrochemical manufacturer whose products include automotive fuels, lubricants and liquefied petroleum gas . Total processes approximately 230,000 barrels per day of crude oil.
The settlement, lodged in the U.S. District Court for the Eastern District of Texas, is subject to a 30-day public comment period and court approval. The settlement will be available for viewing at www.justice.gov/enrd/Consent_Decrees.html . The claims resolved by this settlement are only allegations and there has been no determination of liability.
Showing posts with label CLEAN AIR ACT. Show all posts
Showing posts with label CLEAN AIR ACT. Show all posts
Wednesday, September 25, 2013
Monday, September 2, 2013
CAR IMPORTER PAYS OVER $3.5 MILLION TO SETTLE CLEAN AIR ACT VIOLATIONS
FROM: U.S. JUSTICE DEPARTMENT HEALTH, EMISSION STANDARDS
Thursday, August 29, 2013
Two California Firms and Owner Agree to Settle Clean Air Act Violations Stemming from Illegal Import of Vehicles
Two Los Angeles-based consulting firms, MotorScience Inc., and MotorScience Enterprise Inc., (MotorScience) and their owner, Chi Zheng, have agreed to settle alleged Clean Air Act (CAA) violations stemming from the illegal import of 24,478 all-terrain, recreational vehicles into the U.S. from China without testing to ensure emissions would meet applicable limits on harmful air pollution, announced the Department of Justice, the U.S. Environmental Protection Agency (EPA) and the California Air Resources Board (ARB).
MotorScience and Zheng have agreed to have a stipulated judgment entered against them for a $3.55 million civil penalty and to pay an additional $60,000 civil penalty within six months. The United States will receive 80 percent of collected penalties, and California will receive the remaining 20 percent.
“Vehicles and engines that are manufactured overseas and sold in the U.S. must meet the same Clean Air standards as domestically-made products,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “We will continue to vigorously enforce these laws to ensure that American consumers get environmentally sound products that do not pollute the atmosphere and violators do not gain an unfair economic advantage by skirting the law.”
“This illegal importation of over 20,000 vehicles evaded federal emission standards, jeopardizing human health,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Engines operating without proper emissions controls can emit excess carbon monoxide, hydrocarbons and oxides of nitrogen which can cause respiratory illnesses, aggravate asthma and contribute to the formation of ground level ozone or smog.”
“The integrity of new vehicle standards are the foundation for achieving our air quality goals in California,” said ARB Enforcement Chief James Ryden. “When a manufacturer circumvents these requirements, they not only cheat their customers and competitors, but they also shortchange every citizen of our state who relies upon our shared actions to clean the air.”
Today’s settlement also requires that for the next 15 years, before either MotorScience or Zheng may engage in any further work involving non-road vehicles and engines, they must follow a rigorous compliance plan to ensure that any emissions testing and certification applications submitted to EPA or the ARB accurately represent those vehicles and engines. Non-road vehicles and engines include recreational vehicles, generators, lawn and garden equipment, and other non-road internal combustion engines.
EPA’s investigation showed that MotorScience obtained EPA certificates of conformity for numerous vehicles without conducting required emissions testing. As alleged in separate complaints filed in federal district court by the United States and the state of California in September 2011, MotorScience arranged for emissions testing of a limited number of vehicles, and then reused those results to obtain certificates of conformity for numerous other, dissimilar vehicles. For at least three of those vehicles, EPA confirmed that their emissions exceeded the federal limits for hydrocarbons and nitrogen oxides.
MotorScience and its president, Zheng, provide consulting services for vehicle manufacturers and other clients interested in obtaining certificates of conformity from EPA to allow import of their vehicles into the U.S. In 2010, EPA voided 12 certificates held by four of the defendants’ clients, who were U.S.-based importers for Chinese recreational vehicle manufacturers. The complaints filed by the U.S. and California alleged that defendants caused four of their clients to illegally import vehicles under federal certificates and California executive orders that were voided. The complaints further alleged that defendants caused their clients to fail to create and maintain required records on emissions testing.
The CAA prohibits any vehicle or engine from being imported into or sold in the United States unless it is covered by a valid, EPA-issued certificate of conformity demonstrating that the vehicle or engine meets applicable federal emission standards. The CAA also prohibits any actions that cause the importation of uncertified vehicles or that cause recordkeeping violations. Similarly, the California Health and Safety Code prohibits any vehicle or engine from being distributed or sold in California, unless such vehicle or engine is covered by a valid, ARB-issued executive order demonstrating that the vehicle or engine meets applicable California emission standards.
The certificate of conformity is the primary way EPA ensures that vehicles and engines meet emission standards. This enforcement action is part of an ongoing effort by EPA to ensure that all imported vehicles and engines comply with the CAA’s requirements.
Thursday, August 29, 2013
Two California Firms and Owner Agree to Settle Clean Air Act Violations Stemming from Illegal Import of Vehicles
Two Los Angeles-based consulting firms, MotorScience Inc., and MotorScience Enterprise Inc., (MotorScience) and their owner, Chi Zheng, have agreed to settle alleged Clean Air Act (CAA) violations stemming from the illegal import of 24,478 all-terrain, recreational vehicles into the U.S. from China without testing to ensure emissions would meet applicable limits on harmful air pollution, announced the Department of Justice, the U.S. Environmental Protection Agency (EPA) and the California Air Resources Board (ARB).
MotorScience and Zheng have agreed to have a stipulated judgment entered against them for a $3.55 million civil penalty and to pay an additional $60,000 civil penalty within six months. The United States will receive 80 percent of collected penalties, and California will receive the remaining 20 percent.
“Vehicles and engines that are manufactured overseas and sold in the U.S. must meet the same Clean Air standards as domestically-made products,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “We will continue to vigorously enforce these laws to ensure that American consumers get environmentally sound products that do not pollute the atmosphere and violators do not gain an unfair economic advantage by skirting the law.”
“This illegal importation of over 20,000 vehicles evaded federal emission standards, jeopardizing human health,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Engines operating without proper emissions controls can emit excess carbon monoxide, hydrocarbons and oxides of nitrogen which can cause respiratory illnesses, aggravate asthma and contribute to the formation of ground level ozone or smog.”
“The integrity of new vehicle standards are the foundation for achieving our air quality goals in California,” said ARB Enforcement Chief James Ryden. “When a manufacturer circumvents these requirements, they not only cheat their customers and competitors, but they also shortchange every citizen of our state who relies upon our shared actions to clean the air.”
Today’s settlement also requires that for the next 15 years, before either MotorScience or Zheng may engage in any further work involving non-road vehicles and engines, they must follow a rigorous compliance plan to ensure that any emissions testing and certification applications submitted to EPA or the ARB accurately represent those vehicles and engines. Non-road vehicles and engines include recreational vehicles, generators, lawn and garden equipment, and other non-road internal combustion engines.
EPA’s investigation showed that MotorScience obtained EPA certificates of conformity for numerous vehicles without conducting required emissions testing. As alleged in separate complaints filed in federal district court by the United States and the state of California in September 2011, MotorScience arranged for emissions testing of a limited number of vehicles, and then reused those results to obtain certificates of conformity for numerous other, dissimilar vehicles. For at least three of those vehicles, EPA confirmed that their emissions exceeded the federal limits for hydrocarbons and nitrogen oxides.
MotorScience and its president, Zheng, provide consulting services for vehicle manufacturers and other clients interested in obtaining certificates of conformity from EPA to allow import of their vehicles into the U.S. In 2010, EPA voided 12 certificates held by four of the defendants’ clients, who were U.S.-based importers for Chinese recreational vehicle manufacturers. The complaints filed by the U.S. and California alleged that defendants caused four of their clients to illegally import vehicles under federal certificates and California executive orders that were voided. The complaints further alleged that defendants caused their clients to fail to create and maintain required records on emissions testing.
The CAA prohibits any vehicle or engine from being imported into or sold in the United States unless it is covered by a valid, EPA-issued certificate of conformity demonstrating that the vehicle or engine meets applicable federal emission standards. The CAA also prohibits any actions that cause the importation of uncertified vehicles or that cause recordkeeping violations. Similarly, the California Health and Safety Code prohibits any vehicle or engine from being distributed or sold in California, unless such vehicle or engine is covered by a valid, ARB-issued executive order demonstrating that the vehicle or engine meets applicable California emission standards.
The certificate of conformity is the primary way EPA ensures that vehicles and engines meet emission standards. This enforcement action is part of an ongoing effort by EPA to ensure that all imported vehicles and engines comply with the CAA’s requirements.
Sunday, April 7, 2013
EPA AND TYSON FOODS SETTLEMENT ADDRESES RELEASES OF AHNYDROUS AMMONIA
FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
Settlement with Tyson Foods to Address Multiple Releases of Anhydrous Ammonia
Settlement requires company to conduct third party audits to reduce threat of accidental chemical releases, purchase emergency equipment for first responders
WASHINGTON — The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced a Clean Air Act (CAA) settlement with Tyson Foods, Inc. and several of its affiliate corporations to address threats of accidental chemical releases after anhydrous ammonia was released during incidents at facilities in Kansas, Missouri, Iowa, and Nebraska, resulting in multiple injuries, property damage, and one fatality.
"Exposure to anhydrous ammonia can cause serious health issues, and in extreme cases, even death," said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. "Today’s settlement with Tyson Foods will ensure the proper safety practices are in place in the future to protect employees, first responders, and communities located near processing facilities from the threat of dangerous chemical releases."
"This settlement will protect workers at Tyson facilities throughout Kansas, Iowa, Missouri, and Nebraska that use anhydrous ammonia, and make the communities surrounding these 23 facilities safer. It will also provide emergency response equipment for first responders to chemical releases," said Ignacia Moreno, assistant attorney general for the Justice Department’s Environment and Natural Resources Division. "The requirements of this agreement, which include comprehensive third party audits, will help mitigate the impact of releases of anhydrous ammonia by ensuring compliance with the Risk Management Program under the Clean Air Act."
Under the terms of the consent decree, Tyson is required to conduct third-party audits of its current compliance with the CAA’s Risk Management Program requirements at all 23 facilities in Kansas, Iowa, Missouri, and Nebraska. The third-party auditors must have expertise in ammonia refrigeration systems, be recognized experts in risk management program compliance, and be approved by EPA. Tyson must correct any violations discovered in the audits and certify the completion of the work. Tyson has also agreed to test certain piping used in its refrigeration systems at the 23 facilities to identify any problems that may have led to accidental releases and to replace any non-compliant piping.
Under the consent decree, Tyson will pay a $3.95 million penalty. Tyson has also agreed to implement a supplemental environmental project to purchase $300,000 worth of emergency response equipment for first responders in communities with significant environmental justice concerns in which Tyson operates facilities. The equipment will assist responses to emergencies involving chemicals that are regulated pursuant to the CAA Risk Management Program, including anhydrous ammonia.
Anhydrous ammonia is a poisonous gas and considered an extremely hazardous substance under the CAA. Exposure to vapors can cause temporary blindness and eye damage, as well as irritation of the skin, mouth, throat, respiratory tract and mucous membranes. Prolonged exposure to anhydrous ammonia vapor at high concentrations can lead to serious lung damage and even death.
The Clean Air Act’s Risk Management Program (Section 112(r)) requires owners and operators of facilities that exceed a threshold quantity of a regulated substance, such as anhydrous ammonia, to develop and implement a risk management plan that must be submitted to EPA. The 23 Tyson facilities named in the consent decree are subject to the regulations because the refrigeration systems at the facilities each contain more than 10,000 pounds of anhydrous ammonia. The facilities have a combined inventory of more than 1.7 million pounds of anhydrous ammonia.
Tyson Foods, Inc. is headquartered in Springdale, Ark. and is the world’s largest processor and marketer of chicken, beef and pork.
The proposed settlement lodged in the U.S. District Court for the Eastern District of Missouri, is subject to a 30-day public comment period and final court approval.
Settlement with Tyson Foods to Address Multiple Releases of Anhydrous Ammonia
Settlement requires company to conduct third party audits to reduce threat of accidental chemical releases, purchase emergency equipment for first responders
WASHINGTON — The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced a Clean Air Act (CAA) settlement with Tyson Foods, Inc. and several of its affiliate corporations to address threats of accidental chemical releases after anhydrous ammonia was released during incidents at facilities in Kansas, Missouri, Iowa, and Nebraska, resulting in multiple injuries, property damage, and one fatality.
"Exposure to anhydrous ammonia can cause serious health issues, and in extreme cases, even death," said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. "Today’s settlement with Tyson Foods will ensure the proper safety practices are in place in the future to protect employees, first responders, and communities located near processing facilities from the threat of dangerous chemical releases."
"This settlement will protect workers at Tyson facilities throughout Kansas, Iowa, Missouri, and Nebraska that use anhydrous ammonia, and make the communities surrounding these 23 facilities safer. It will also provide emergency response equipment for first responders to chemical releases," said Ignacia Moreno, assistant attorney general for the Justice Department’s Environment and Natural Resources Division. "The requirements of this agreement, which include comprehensive third party audits, will help mitigate the impact of releases of anhydrous ammonia by ensuring compliance with the Risk Management Program under the Clean Air Act."
Under the terms of the consent decree, Tyson is required to conduct third-party audits of its current compliance with the CAA’s Risk Management Program requirements at all 23 facilities in Kansas, Iowa, Missouri, and Nebraska. The third-party auditors must have expertise in ammonia refrigeration systems, be recognized experts in risk management program compliance, and be approved by EPA. Tyson must correct any violations discovered in the audits and certify the completion of the work. Tyson has also agreed to test certain piping used in its refrigeration systems at the 23 facilities to identify any problems that may have led to accidental releases and to replace any non-compliant piping.
Under the consent decree, Tyson will pay a $3.95 million penalty. Tyson has also agreed to implement a supplemental environmental project to purchase $300,000 worth of emergency response equipment for first responders in communities with significant environmental justice concerns in which Tyson operates facilities. The equipment will assist responses to emergencies involving chemicals that are regulated pursuant to the CAA Risk Management Program, including anhydrous ammonia.
Anhydrous ammonia is a poisonous gas and considered an extremely hazardous substance under the CAA. Exposure to vapors can cause temporary blindness and eye damage, as well as irritation of the skin, mouth, throat, respiratory tract and mucous membranes. Prolonged exposure to anhydrous ammonia vapor at high concentrations can lead to serious lung damage and even death.
The Clean Air Act’s Risk Management Program (Section 112(r)) requires owners and operators of facilities that exceed a threshold quantity of a regulated substance, such as anhydrous ammonia, to develop and implement a risk management plan that must be submitted to EPA. The 23 Tyson facilities named in the consent decree are subject to the regulations because the refrigeration systems at the facilities each contain more than 10,000 pounds of anhydrous ammonia. The facilities have a combined inventory of more than 1.7 million pounds of anhydrous ammonia.
Tyson Foods, Inc. is headquartered in Springdale, Ark. and is the world’s largest processor and marketer of chicken, beef and pork.
The proposed settlement lodged in the U.S. District Court for the Eastern District of Missouri, is subject to a 30-day public comment period and final court approval.
Thursday, October 4, 2012
THREE MEN SENTENCED FOR ENVIRONMENTAL CRIMES INVOLVING ASBESTOS
FROM: U.S. DEPARTMENT OF JUSTICE
Monday, October 1, 2012
Three Men and One Company Sentenced in Tennessee for Environmental Crimes
WASHINGTON – Three men who conspired to violate Clean Air Act workplace safety standards when they demolished a Chattanooga, Tenn., factory containing large amounts of asbestos were sentenced today in federal court, announced Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resource Division, and William C. Killian, U.S. Attorney for the Eastern District of Tennessee. U.S. District Judge Curtis Collier sentenced David Wood, James Mathis and Donald Fillers, and the Watkins Street Project LLC for their roles in the conspiracy.
Fillers was sentenced to serve 48 months in federal prison, pay a $20,000 fine and serve three years of supervised release; Mathis was sentenced to serve 18 months in federal prison and three years of supervised release; Wood was sentenced to serve 20 months in federal prison and three years of supervised release; and Watkins Street Project was ordered to pay a $30,000 fine. In addition, the defendants were ordered to pay $27,899 in restitution to the U.S. Environmental Protection Agency (EPA), the Chattanooga Department of Public Works and the Chattanooga Hamilton County Air Pollution Control Board for expenditures associated with the emergency response and clean-up of the former Standard Coosa Thatcher plant in Chattanooga.
A jury convicted these defendants on Jan. 27, 2012, of conspiracy and criminal violations of the Clean Air Act, as well as obstruction of justice in relation to salvage and demolition activities at the former Standard Coosa Thatcher plant. More specifically, the evidence proved that the defendants entered into a year-long scheme in which the plant was illegally demolished while still containing extensive amounts of asbestos. Additionally, the defendants hired day laborers and paid them low wages to improperly remove asbestos-containing materials without following federal regulations that were intended to keep the asbestos, a known carcinogen, from becoming airborne where it could be inhaled.
"These sentences send a strong message that criminal violations of environmental laws designed to protect human health from exposure to hazardous substances, such as asbestos, will not be tolerated," said U.S. Attorney Killian. "Those individuals who choose to place profit over compliance with our nation’s environmental laws will be vigorously prosecuted and brought to justice."
"Exposure to asbestos can cause serious, even fatal, illnesses so it must be removed safely and in accordance with the law," said Maureen O’Mara, Special Agent in Charge of EPA’s criminal enforcement program in Tennessee. "The defendants in this case not only lied to authorities and tried to cover up their actions, but they also hired homeless and untrained workers to perform the illegal asbestos removal activities, endangering both the employees and the greater community. Today’s sentences show that those who break the law and put the public at risk to make illegal profits will face serious consequences."
Witness testimony established that dust from the salvage and demolition activities frequently wafted onto neighboring properties. The evidence also showed the defendants attempted to cover up their illegal activities by falsifying documents and Wood lied to federal authorities investigating the case.
This case was investigated by Special Agents of the EPA’s Criminal Investigation Division and investigators with Chattanooga-Hamilton County Air Pollution Control Bureau. The case was prosecuted by Assistant U.S. Attorney Matthew T. Morris and Todd W. Gleason, Trial Attorney with the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.
Monday, October 1, 2012
Three Men and One Company Sentenced in Tennessee for Environmental Crimes
WASHINGTON – Three men who conspired to violate Clean Air Act workplace safety standards when they demolished a Chattanooga, Tenn., factory containing large amounts of asbestos were sentenced today in federal court, announced Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resource Division, and William C. Killian, U.S. Attorney for the Eastern District of Tennessee. U.S. District Judge Curtis Collier sentenced David Wood, James Mathis and Donald Fillers, and the Watkins Street Project LLC for their roles in the conspiracy.
Fillers was sentenced to serve 48 months in federal prison, pay a $20,000 fine and serve three years of supervised release; Mathis was sentenced to serve 18 months in federal prison and three years of supervised release; Wood was sentenced to serve 20 months in federal prison and three years of supervised release; and Watkins Street Project was ordered to pay a $30,000 fine. In addition, the defendants were ordered to pay $27,899 in restitution to the U.S. Environmental Protection Agency (EPA), the Chattanooga Department of Public Works and the Chattanooga Hamilton County Air Pollution Control Board for expenditures associated with the emergency response and clean-up of the former Standard Coosa Thatcher plant in Chattanooga.
A jury convicted these defendants on Jan. 27, 2012, of conspiracy and criminal violations of the Clean Air Act, as well as obstruction of justice in relation to salvage and demolition activities at the former Standard Coosa Thatcher plant. More specifically, the evidence proved that the defendants entered into a year-long scheme in which the plant was illegally demolished while still containing extensive amounts of asbestos. Additionally, the defendants hired day laborers and paid them low wages to improperly remove asbestos-containing materials without following federal regulations that were intended to keep the asbestos, a known carcinogen, from becoming airborne where it could be inhaled.
"These sentences send a strong message that criminal violations of environmental laws designed to protect human health from exposure to hazardous substances, such as asbestos, will not be tolerated," said U.S. Attorney Killian. "Those individuals who choose to place profit over compliance with our nation’s environmental laws will be vigorously prosecuted and brought to justice."
"Exposure to asbestos can cause serious, even fatal, illnesses so it must be removed safely and in accordance with the law," said Maureen O’Mara, Special Agent in Charge of EPA’s criminal enforcement program in Tennessee. "The defendants in this case not only lied to authorities and tried to cover up their actions, but they also hired homeless and untrained workers to perform the illegal asbestos removal activities, endangering both the employees and the greater community. Today’s sentences show that those who break the law and put the public at risk to make illegal profits will face serious consequences."
Witness testimony established that dust from the salvage and demolition activities frequently wafted onto neighboring properties. The evidence also showed the defendants attempted to cover up their illegal activities by falsifying documents and Wood lied to federal authorities investigating the case.
This case was investigated by Special Agents of the EPA’s Criminal Investigation Division and investigators with Chattanooga-Hamilton County Air Pollution Control Bureau. The case was prosecuted by Assistant U.S. Attorney Matthew T. Morris and Todd W. Gleason, Trial Attorney with the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.
Wednesday, July 25, 2012
EPA, COMPANY REACH AGREEMENT TO FUND LEAD ABATEMENT IN LOW-INCOME HOUSING
FROM: U.S. EPA
EPA Reaches Agreement with Park Nicollett Health Services; Company Will Fund Lead Abatement in Low-Income Housing
Chicago (July 23, 2012) -- The U.S. Environmental Protection Agency has reached an agreement with Park Nicollet Health Services to resolve allegations of Clean Air Act violations at Methodist Hospital in St. Louis Park, Minnesota. EPA alleged the company failed to keep required records and submit required reports on emissions from ethylene oxide sterilizers at the hospital. After being notified of the violations, the company took steps to meet all requirements.
Under a consent agreement and final order, Park Nicollet Health Services will pay an $18,750 fine and spend $56,250 on a project to protect families in St. Louis Park and Minneapolis from hazards associated with lead-based paint. The project will include removing lead-based paint and dust and replacing lead-based painted surfaces or fixtures in low-income housing occupied by children under age 6 or pregnant women.
"As a result of this agreement, the people of Minneapolis will breathe cleaner air and fewer young children will be exposed to dangerous lead at home," said EPA Regional Administrator Susan Hedman.
Lead exposure affects the nervous system and can cause a range of health effects, from behavioral problems and learning disabilities, to seizures and death. Children 6 years old and younger are most at risk.
EPA Reaches Agreement with Park Nicollett Health Services; Company Will Fund Lead Abatement in Low-Income Housing
Chicago (July 23, 2012) -- The U.S. Environmental Protection Agency has reached an agreement with Park Nicollet Health Services to resolve allegations of Clean Air Act violations at Methodist Hospital in St. Louis Park, Minnesota. EPA alleged the company failed to keep required records and submit required reports on emissions from ethylene oxide sterilizers at the hospital. After being notified of the violations, the company took steps to meet all requirements.
Under a consent agreement and final order, Park Nicollet Health Services will pay an $18,750 fine and spend $56,250 on a project to protect families in St. Louis Park and Minneapolis from hazards associated with lead-based paint. The project will include removing lead-based paint and dust and replacing lead-based painted surfaces or fixtures in low-income housing occupied by children under age 6 or pregnant women.
"As a result of this agreement, the people of Minneapolis will breathe cleaner air and fewer young children will be exposed to dangerous lead at home," said EPA Regional Administrator Susan Hedman.
Lead exposure affects the nervous system and can cause a range of health effects, from behavioral problems and learning disabilities, to seizures and death. Children 6 years old and younger are most at risk.
Sunday, June 3, 2012
CLEAN AIR ACT AND FLARES, PROCESS HEATERS AT REFINERIES
FROM: U.S. ENVIRONMENTAL PROTECTION AGENCY
EPA Updates Clean Air Act Standards for Flares and Process Heaters at Petroleum Refineries
Practical standards, informed by stakeholder and industry input, cut harmful pollution while saving the refining industry money
WASHINGTON – The U.S. Environmental Protection Agency (EPA) is issuing common-sense standards informed by important input from stakeholders, including industry, for new flares and process heaters at petroleum refineries which maintain important public health benefits while dramatically reducing costs. This final rule, which responds to petitions requesting the agency to reconsider standards issued in 2008, provides industry with greater compliance flexibility than those earlier standards did and ensures that companies can make routine operational changes without triggering new requirements. These updates will reduce emissions of sulfur dioxide, nitrogen oxides, and volatile organic compounds, which can cause respiratory illnesses, heart attacks and premature deaths, while saving the refining industry approximately $80 million per year. These reductions will also provide up to $610 million in annual health benefits.
Today’s final standards are flexible and rely on proven, widely used technologies and processes to cut pollution from flares and process heaters. Flares, which are typically used to burn off waste gases from the refining process, would need to follow work practice standards and meet monitoring requirements. Process heaters, which are used to heat process fluids, would need to meet emission limits for nitrogen oxides. The final standards also encourage refineries to recover gas that can be used as fuel to power equipment at the refinery.
WASHINGTON – The U.S. Environmental Protection Agency (EPA) is issuing common-sense standards informed by important input from stakeholders, including industry, for new flares and process heaters at petroleum refineries which maintain important public health benefits while dramatically reducing costs. This final rule, which responds to petitions requesting the agency to reconsider standards issued in 2008, provides industry with greater compliance flexibility than those earlier standards did and ensures that companies can make routine operational changes without triggering new requirements. These updates will reduce emissions of sulfur dioxide, nitrogen oxides, and volatile organic compounds, which can cause respiratory illnesses, heart attacks and premature deaths, while saving the refining industry approximately $80 million per year. These reductions will also provide up to $610 million in annual health benefits.
Today’s final standards are flexible and rely on proven, widely used technologies and processes to cut pollution from flares and process heaters. Flares, which are typically used to burn off waste gases from the refining process, would need to follow work practice standards and meet monitoring requirements. Process heaters, which are used to heat process fluids, would need to meet emission limits for nitrogen oxides. The final standards also encourage refineries to recover gas that can be used as fuel to power equipment at the refinery.
These standards will reduce emissions of sulfur dioxide (SO2) and nitrogen oxides (NOx), and volatile organic compounds, which react in the air to form fine particle pollution and ground-level ozone. While the revised standards do not address greenhouse gas emissions, they will reduce carbon dioxide emissions by as much as 2 million tons per year as a co-benefit.
EPA’s final rule responds to petitions requesting the agency to reconsider the final standards issued in 2008 and provides a clear path forward for refineries to meet these important standards and protect public health.
EPA’s final rule responds to petitions requesting the agency to reconsider the final standards issued in 2008 and provides a clear path forward for refineries to meet these important standards and protect public health.
Thursday, February 2, 2012
FOOD PROCESSING COMPANY TO PAY PENALTY AND UPGRADE TO SETTLE CLEAN AIR ACT VIOLATIONS
The following excerpt is from the Department of Justice website:
"WASHINGTON – South San Francisco, Calif., food processor Columbus Manufacturing Inc., a wholly owned subsidiary of Columbus Foods LLC, 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 two releases of anhydrous ammonia that occurred in 2009 at its manufacturing facility located in South San Francisco, Calif.
The releases were the result of Columbus’s failure of its general duty of care to identify hazards and to maintain a safe facility and its failure to comply with regulatory requirements for process safety management under Section 112(r) of the Clean Air Act.
“This settlement appropriately penalizes Columbus 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 people in the affected community,” 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 Columbus to upgrade its refrigeration technology and emergency notification system.”
“Columbus is responsible for letting plumes of poisonous gas escape into the open air,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Our goal is to safeguard neighbors and workers by requiring critical improvements to the company’s plant to prevent these industrial accidents from happening again.”
As part of the consent decree announced today, Columbus will pay a penalty of $685,446 and spend approximately $6 million converting its refrigeration system to a safer technology that uses glycol and ammonia. The company will also improve its alarm and ammonia release notification procedures.
The first accidental ammonia release, in February 2009, sent 217 pounds of poisonous gases into the atmosphere. Six months later in August 2009, the plant again released an ammonia cloud, this time approximately 200 pounds of anhydrous ammonia was released into the atmosphere.
The August incident resulted in the evacuation of all facility employees and several neighboring businesses. Nearly 30 people from the downwind Genentech campus sought medical attention and 17 individuals were hospitalized. One person remained hospitalized for four days. In addition, off-ramps from Highway 101 and several local streets were shut down as a result of the release.
EPA took action following the August 2009 incident, ordering Columbus to complete initial upgrades to its ammonia refrigeration system, including the replacement of safety relief valves and components with any signs of corrosion, and the proper labeling of all its piping. In 2011, the company paid $850,000 in fines to San Mateo County as a result of the incident.
Anhydrous ammonia is considered a poisonous gas. Exposure to its vapors can cause temporary blindness and eye damage, and irritation of the skin, mouth, throat, respiratory tract and mucous membranes. Prolonged exposure to anhydrous ammonia vapor at high concentrations can lead to serious lung damage and even death. Anhydrous ammonia is one of the listed extremely hazardous substances to which Section 112(r) of the Clean Air Act applies.
Enforcement of the general duty of care and of the regulatory requirements under Section 112(r)(1) and (7) of the Clean Air Act is critical to ensuring that industry focuses on the safety of the public and the environment. "
Saturday, January 14, 2012
U.S. EPA SETTLES WITH RV MANUFACTURERS OVER IMPORT EMISSION CERTIFICATION
The following excerpt is from the EPA website:
“WASHINGTON – The U.S. Environmental Protection Agency (EPA) announced a settlement with recreational vehicle manufacturers, Loncin (USA), Inc., Longting USA LLC, and Chongqing Longting Power Equipment Co., Ltd., to resolve violations of the Clean Air Act (CAA) related to the importation of 7,115 uncertified recreational vehicles into the United States. Engines that are not certified may be operating without proper emissions controls, which can emit excess carbon monoxide and nitrogen oxides and cause respiratory illnesses, aggravate asthma and contribute to the formation of ground level ozone, or smog.
“EPA is committed to enforcing vehicle emission standards under the Clean Air Act,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “By taking action to deter the importation and sale of non-compliant engines, EPA is ensuring a level playing field for manufacturers and protecting Americans from illegal air emissions.”
EPA alleges that Loncin (USA), Inc. and Longting USA LLC held certificates of conformity that were voided by EPA following an investigation of MotorScience, Inc., a California-based certification services consulting firm that allegedly used false or incomplete information to certify vehicles under the Clean Air Act for four of its clients, including Loncin. The certificates allowed the importation and sale of more than 24,000 recreational vehicles in the U.S. that did not meet Clean Air Act standards. More than 7,000 of these vehicles were manufactured by Chongqing Longting Power Equipment Co., Ltd. and imported by companies such as The Pep Boys – Manny, Moe & Jack, Baja, Inc., and BMS Motorsports, Inc.
The Clean Air Act prohibits any vehicle or engine from being imported and sold in the United States unless it is covered by a valid, EPA-issued certificate of conformity indicating that the vehicle or engine meets applicable federal emission standards. The certificate of conformity is the primary way EPA ensures that imported vehicles and engines meet emission standards. This enforcement action is part of an ongoing effort by EPA to ensure that all imported vehicles and equipment comply with the Clean Air Act’s requirements.
Loncin (USA), Inc. and its affiliates have cooperated with EPA in this settlement.”
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