REFINERY TO PAY $8.75 MILLION FOR FAILURE TO COMPLY WITH ENFORCEMENT SETTLEMENT

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.

EPA ANNOUNCES CLIMATE LEADERSHIP AWARDS

FROM: ENVIRONMENTAL PROTECTION AGENCY
EPA Recognizes Individuals, Organizations for Climate Change Leadership
 
WASHINGTON – Today the U.S. Environmental Protection Agency’s (EPA) Center for Corporate Climate Leadership hosted the second annual Climate Leadership Awards, with the Association of Climate Change Officers (ACCO), the Center for Climate and Energy Solutions (C2ES) and The Climate Registry (TCR). Twenty three winners will be given awards for their leadership in reducing carbon pollution and addressing climate change.

"Our Climate Leadership Award winners are leading by example with their outstanding actions to reduce carbon pollution," said Gina McCarthy, assistant administrator for EPA’s Office of Air and Radiation. "These organizations are tackling the challenge of climate change with practical, common-sense, and cost-saving solutions to improve efficiency and cut waste."

The national awards program honors corporate, organizational, and individual leadership in reducing greenhouse gas emissions in internal operations and throughout the supply chain. A wide array of industries are represented by these organizations, including construction, finance, defense, transportation, retail, energy and technology.

Organizational Leadership Award: Boulder County, Colo.; City of Austin, Texas; Intel Corporation; Port of San Diego; and Sonoma County Water Agency

Individual Leadership Award: Tamara 'TJ' DiCaprio, Senior Director of Environmental Sustainability, Microsoft Corporation; and J. Wayne Leonard, Former Chairman and CEO of Entergy Corporation

Supply Chain Leadership Award: Cisco Systems, Inc.; IBM; and San Diego Gas & Electric

Excellence in Greenhouse Gas Management (Goal Achievement Award): Abbott; CSX Transportation, Inc.; Limited Brands, Inc.; Office Depot; Raytheon Company; Staples, Inc.; Tiffany & Co.; and Turner Construction Company

Excellence in Greenhouse Gas Management (Goal Setting Certificate): Bank of America; Lockheed Martin Corporation; Science Applications International Corporation (SAIC); SC Johnson & Sons, Inc.; and Wells Fargo and Company

"The 2013 Climate Leadership Award winners are leading the way on integrating climate response into their organizational culture," said Daniel Kreeger, ACCO executive director. "They are demonstrating true commitment to managing and reducing GHG emissions in internal operations and throughout the supply chain, as well as integrating climate related risk management into their operational strategies. The winners are not only exemplary corporate, organizational, and individual leaders, but their actions provide a blueprint to catalyze the efforts of other organizations and individuals."

"After a year of record heat and drought, action on climate change and clean energy is more urgent than ever," said C2ES President Eileen Claussen. "We join EPA in applauding the winners of the Climate Leadership Awards. These companies, organizations, and individuals demonstrate every day the possibility of a prosperous low-carbon future. Hopefully, their accomplishments will spur and challenge others to take steps that are good for both the economy and the environment."

"The Climate Registry applauds the meaningful action taken by this year’s impressive award winners to demonstrate leadership in their response to climate change," said David Rosenheim, executive director of TCR. "These deserving organizations lead the way for reducing carbon pollution through greater transparency and consistent data, contributing to a stronger platform for energy and climate policies to build from."

The awards were presented at the Climate Leadership Conference in Washington, D.C.

CO. TO PAY $4.1 MILLION TO SETTLE VIOLATIONS OF CLEAN WATER ACT

FROM: U.S. DEPARTMENT OF JUSTICE

Tuesday, November 13, 2012

Roquette America Inc., to Pay $4.1 Million Penalty to Settle Violations of Clean Water Act at Its Keokuk, Iowa, Facility

Roquette America, Inc., has agreed to pay a $4.1 million civil penalty to settle alleged violations of the Clean Water Act and its National Pollutant Discharge Elimination System (NPDES) permit at its grain processing facility in Keokuk, Iowa, the Department of Justice and the Environmental Protection Agency (EPA) announced today.

As early as 2008, Roquette was aware that its waste water treatment plant was marginally adequate and that it could not handle spills or surges in loading. Instead of constructing additional containment structures for waste water surges, or routing spills to the waste water treatment plant, Roquette allowed the industrial waste to be discharged directly into the Mississippi River and Soap Creek.

"Roquette’s actions resulted in over a thousand permit violations and allowed the discharge of untreated industrial waste into the Mississippi River and another Iowa waterway even after it was informed on numerous occasions it was violating its state permit and federal law," said Ignacia S. Moreno, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division. "This settlement holds Roquette accountable for its multiple violations of the nation’s Clean Water Act and requires sewer improvements, wastewater treatment upgrades, enhanced monitoring and independent compliance audits that will benefit public health and the environment for the people of Iowa for years to come."

"The magnitude of these violations warrants the magnitude of the penalty," said EPA Region 7 Administrator Karl Brooks. "The Mississippi River is a vital waterway, used by millions of Americans for commerce, recreation and drinking water. It is imperative that industrial facilities abide by their discharge permits to protect our valuable water resources."

The Iowa Department of Natural Resources has issued three administrative orders and eight notices of violation to Roquette since 2000. Despite these orders and notices, Roquette continued to overload its waste water treatment plant and failed to address the deficiencies at other portions of its facility, resulting in permit violations and illegal discharges of untreated industrial waste.

The Keokuk facility violated its NPDES permit at least 1,174 times, and on at least 30 occasions illegally discharged via storm drains resulting in at least 250,000 gallons of industrial waste being released into the Mississippi River and Soap Creek. In addition to these permit violations and illegal discharges, Roquette discharged partially treated industrial waste from its waste water treatment plant, and discharged steam condensate into Soap Creek through an unpermitted outfall.

In addition to paying the penalty, Roquette will complete other requirements valued at more than $17 million to further protect the Mississippi River and Soap Creek. Among these requirements are the completion of a sewer survey to identify possible discharge locations, the implementation of sewer modifications, the construction of upgrades to the wastewater treatment plant, and the performance of enhanced effluent monitoring. In addition, Roquette will obtain annual third party audits of its compliance with the operations and maintenance program, the Storm Water Pollution Prevention Program, the company’s NPDES permits, and the compliance requirements set out in the consent decree.

The consent decree is subject to a 30-day public comment period and approval by the federal court

2012 GREEN POWER LEADERSHIP AWARD WINNERS

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.

EPA GREENHOUSE GAS INVENTORY SHOWS EMISSIONS INCREASED 3.2% IN 2010

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.

EPA PROPOSES NEW 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.