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

Wednesday, June 19th, 2013

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

In addition, Ash Grove has agreed to spend $750,000 to mitigate the effects of past excess emissions from several of its facilities. The settlement requires Ash Grove to meet stringent emission limits and install and continuously operate modern technology to reduce NOx, SO2, and particulate matter (PM). Ash Grove is required to reduce NOx emissions at nine kilns, some of which will have the lowest emission limits of any retrofit control system in the country. In addition, modern pollution controls must be installed on every kiln to reduce PM emissions, and on several kilns to reduce SO2 emissions. In addition, at its Texas facility, Ash Grove will shut down two older, inefficient kilns, while a third will be replaced with a cleaner, newly reconstructed kiln. Ash Grove will also spend $750,000 on a project to replace old diesel truck engines at its facilities in Kansas, Arkansas, and Texas, which are estimated to reduce smog-forming nitrogen oxides by approximately 27 tons per year.

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

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

The settlement was lodged today in the U.S. District Court for the District of Kansas and is subject to a 30-day public comment period and final court approval. It will be available for viewing at www.justice.gov/enrd/Consent_Decrees.html .

More information about this settlement: www.epa.gov/enforcement/air/cases/ashgrove.html

More about EPA’s National Enforcement Initiatives: http://www.epa.gov/compliance/data/planning/initiatives/index.html

This agreement included plants located in Foreman, Ark.; Inkom, Idaho; Chanute, Kan.; Clancy, Mont.; Louisville, Neb.; Durkee, Ore.; Leamington, Utah; Seattle, Wash.; and Midlothian, Texas.

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Tesoro to Pay $1.1 Million to Resolve Clean Air Act Violations

Thursday, May 30th, 2013

The U.S. Environmental Protection Agency (EPA) announced that Tesoro Corporation, Tesoro Refining & Marketing Company LLC, and Tesoro Alaska Company have agreed to pay a $1.1 million penalty to resolve claims that Tesoro failed to comply with requirements under the Clean Air Act (CAA) at four of its refining facilities that produce conventional gasoline.

In its complaint, EPA alleged that Tesoro failed to comply with recordkeeping, reporting, sampling, and testing requirements at its facilities in Salt Lake City, Utah; Mandan, N.D.; Anacortes, WA; and Kenai, AK.

“EPA’s fuels regulations are vital safeguards that protect our nation’s air quality,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “By taking action against violations of these regulations, EPA is not only protecting people’s health, but is also ensuring a level playing field for refiners that play by the rules.”

The settlement requires that Tesoro implement an environmental compliance and auditing plan which is designed to prevent future violations and ensure compliance with EPA’s fuels regulations.

The EPA’s fuel regulations require that all fuel produced, imported and sold in the United States meet certain standards. Fuel that does not meet the applicable standards could lead to an increase in emissions of harmful pollutants, such as volatile organic compounds and cancer-causing air toxics.

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

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

More information about this settlement: www.epa.gov/enforcement/air/cases/tesoro.html

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Clean Air Act Settlement with Wisconsin Utilities to Reduce Emissions

Monday, April 22nd, 2013

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

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

“EPA is committed to protecting communities by reducing air pollution from the largest sources of emissions,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “The pollution reductions and the significant investment in local environmental projects required under this agreement will ensure that the people of Wisconsin and neighboring states have cleaner, healthier air.”

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

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

The settlement also requires the defendants to spend $8.5 million on projects that will benefit the environment and human health in communities located near the facilities, including $260,500 to the U.S. Forest Service and $260,500 to the National Park Service, to be used on projects to address the damage done from the emissions. The remaining $7.479 million will be spent on a combination projects, including up to $2.1 million on land acquisition and restoration; up to $5,000,000 on a long term major solar photovoltaic (PV) power purchase agreement or a solar PV panels installation project; and up to $2 million on renewable energy resource enhancements for existing wind farms and hydroelectric facilities.

Reducing air pollution from the largest sources of emissions, including coal-fired power plants, is one of EPA’s National Enforcement Initiatives for 2011-2013. SO2 and NOx, two key pollutants emitted from power plants, have numerous adverse effects on human health and are significant contributors to acid rain, smog, and haze. These pollutants are converted in the air to fine particles of particulate matter that can cause severe respiratory and cardiovascular impacts, and premature death. Reducing these harmful air pollutants will benefit the communities located near the facilities, particularly communities disproportionately impacted by environmental risks and vulnerable populations, including children. Because air pollution from power plants can travel significant distances downwind, this settlement will also reduce air pollution outside the immediate region.

This is the 26th judicial settlement secured by the Justice Department and EPA as part of a national enforcement initiative to control harmful emissions from power plants under the CAA’s New Source Review requirements. The total combined sulfur dioxide and nitrogen oxides emission reductions secured from these settlements will exceed 2 million tons each year once all the required pollution controls have been installed and implemented.

Sierra Club is co-plaintiff to the settlement.

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

More information about the settlement: http://www.epa.gov/enforcement/air/cases/wisconsinpower.html

More information about EPA’s enforcement initiative: http://www.epa.gov/compliance/data/planning/initiatives/2011airpollution.html


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CountryMark Refining and Logistics, LLC to Install $18 Million in Pollution Controls to Resolve Clean Air Act Violations at Indiana Refinery

Thursday, February 28th, 2013

The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that Countrymark Refining and Logistics, LLC has agreed to pay a $167,000 civil penalty, perform environmental projects totaling more than $180,000, and spend $18 million on new pollution controls to resolve Clean Air Act (CAA) violations at its refinery, located in Mount Vernon, Ind.

Once fully implemented, the pollution controls required by the settlement will reduce emissions of harmful air pollution that can cause respiratory problems, such as asthma, and are significant contributors to acid rain, smog, and haze, by an estimated 1,000 tons or more per year.

“Under the settlement, CountryMark will implement new practices and install innovative, cutting-edge pollution controls at its Indiana refinery,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “These innovative controls include ensuring that pollution control devices, such as flares, are operated properly to minimize pollution emitted into the air and to improve their overall efficiency.”

“This settlement requires CountryMark to install new controls and implement new practices at its refinery to reduce air pollution from all significant sources at the refinery,” said Ignacia S. Moreno, assistant attorney general for the Justice Department’s Environment and Natural Resources Division. “Notably, CountryMark will be the third refiner to put in place new measures to substantially reduce gas emissions from its flare, and the company’s commitment to retrofit diesel school buses will also reduce air emissions that affect the area’s residents.”

The complaint alleges that the company made modifications to its refinery that increased emissions without first obtaining pre-construction permits and installing required pollution control equipment. The CAA requires major sources of air pollution to obtain such permits before making changes that would result in a significant net emissions increase of any pollutant. The complaint also alleges CAA violations related to flare operation, the New Source Performance Standards, and applicable requirements for leak detection and repair (LDAR).

The settlement requires new and upgraded pollution controls, more stringent emission limits, and aggressive LDAR practices to reduce emissions from refinery equipment and processing units. The settlement also requires new controls on the refinery’s flaring devices, which are used to burn-off waste gases. The amount of pollution that flares emit depends on the total amount of waste gases sent to a flare and the efficiency at which the flare is operated when burning those gases. The settlement will ensure proper combustion efficiency for any gases that are sent to a flare and will also cap the total amount of waste gases that can be sent to a flare at the refinery. The flares requirements are part of EPA’s national effort to reduce emissions from flares at refineries, petrochemical, and chemical plants.

The flaring efficiency requirements are settlement with CountryMark are part of EPA’s national enforcement initiative to improve compliance among petroleum refiners and to reduce significant amounts of air pollution from refineries nationwide through comprehensive, company-wide enforcement settlements. The settlement with CountryMark is the 32nd under the EPA initiative. With today’s settlement, 109 refineries operating in 32 states and territories – more than 90 percent of the total refining capacity in the United States – are under judicially enforceable agreements to significantly reduce emissions of pollutants. As a result of the settlement agreements, refiners have agreed to invest more than $6 billion in new pollution controls designed to reduce emissions of sulfur dioxide, nitrogen oxides, and other pollutants by over 360,000 tons per year.

The State of Indiana actively participated in the settlement with CountryMark and has received over $110,000 to fund a supplemental environmental project to remove asbestos-containing material from an old grain elevator in downtown Mount Vernon. The settlement also requires CountryMark to provide at least $70,000 in funding for a supplemental environmental project that will install diesel retrofit and/or idle reduction technologies on school buses and/or non-school bus, publicly-owned vehicles located within 50 miles of the refinery.

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

More information about the settlement:
http://www.epa.gov/enforcement/air/cases/countrymarkrefiningandlogisticsllc.html

More information about EPA’s Air Toxics National Enforcement Initiative:
http://www.epa.gov/compliance/data/planning/initiatives/2011airtoxics.html

Enforcement Alert: EPA Enforcement Targets Flaring Efficiency Violations (August 2012):
http://www.epa.gov/enforcement/air/documents/newsletters/flaringviolations.pdf

More information about EPA’s Petroleum Refinery Initiative:
http://www.epa.gov/compliance/resources/cases/civil/caa/oil/index.html

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Notice Lodging of Proposed Consent Decree Under the Clean Air Act

Thursday, December 27th, 2012

On December 20, 2012, the Department of Justice lodged a proposed consent decree with the United States District Court for the Eastern District of Kentucky in the lawsuit entitled United States v. Kentucky Utilities Company, Civil Action No. 3:12-cv-00076-CFVT.

The United States filed this lawsuit under the Clean Air Act. The United States’ complaint seeks civil penalties and injunctive relief against Kentucky Utilities Company for violations of state and federal opacity, New Source Review, and Title V regulations at the company’s electric generating station in Ghent, Kentucky. The proposed consent decree requires Kentucky Utilities to perform injunctive relief, pay a civil penalty of $300,000, and pay $500,000 for a mitigation project to fund the replacement of one or more coal-fired boilers used by public schools in Kentucky through geothermal technologies.

The publication of this notice opens a period for public comment on the proposed consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Kentucky Utilities Company, D.J. Ref. No. 90-5-2-1-08850/1. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted by email or by mail:

http://www.gpo.gov/fdsys/pkg/FR-2012-12-27/html/2012-31099.htm
http://www.gpo.gov/fdsys/pkg/FR-2012-12-27/pdf/2012-31099.pdf

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Owens-Brockway Glass Container Inc. pays EPA $1.45 million penalty

Monday, December 3rd, 2012

Glass Container Manufacturer Agrees to Install Pollution Controls and Pay $1.45 Million to Settle Clean Air Act Violations

Settlement to reduce emissions at facilities in Georgia, Oklahoma, Pennsylvania, and Texas

WASHINGTON – Today, the U.S. Environmental Protection Agency (EPA) and the Department of Justice announced that Ohio-based Owens-Brockway Glass Container Inc., the nation’s largest glass container manufacturer, has agreed to install pollution control equipment to reduce harmful emissions of nitrogen oxides (NOx), sulfur dioxide (SO2), and particulate matter (PM) by nearly 2,500 tons per year and pay a $1.45 million penalty to resolve alleged Clean Air Act violations at five of the company’s manufacturing plants.

“The pollution controls required by today’s settlement will significantly reduce emissions that can impact residents’ health and local environment in communities located near glass manufacturing plants,” said Cynthia Giles, assistant administrator for the EPA’s Office of Enforcement and Compliance Assurance. “These new pollution controls will improve air quality and protect communities from Georgia to Texas from emissions that can lead to respiratory illnesses, smog and acid rain.”

“This agreement will significantly reduce the amount of air pollution, known to cause a variety of environmental and health problems, from the nation’s largest manufacturer of glass containers,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. “The settlement, the latest in a series of agreements with the glass manufacturing sector, addresses major sources of pollution at facilities located in four states and will mean cleaner air for the people living in those communities.”

The pollution controls required as part of the settlement to reduce NOx, SO2, and PM will cost an estimated cost of $37.5 million. Owens-Brockway will also spend an additional $200,000 to mitigate excess emissions at its plant in Atlanta by working with the Georgia Retrofit Program to retrofit diesel school buses and fleet vehicles with controls to reduce emissions, or it will assist with the purchase of new natural gas, propane, or hybrid vehicles.

Reducing air pollution from the largest sources of emissions, including glass manufacturing plants, is one of the EPA’s National Enforcement Initiatives for 2011-2013. This is the fourth settlement in EPA’s National Glass Manufacturing Plant Initiative.

NOx, SO2, and PM, three key pollutants emitted from glass plants, have numerous adverse effects on human health and the environment. NOx and SO2 contribute to ground-level ozone, or smog, acid rain, and the destruction of terrestrial and aquatic ecosystems. NOx and SO2 can also irritate the lungs and aggravate of pre-existing heart or lung conditions. PM contains microscopic particles that can travel deep into the lungs and cause difficulty breathing, coughing, decreased lung function, and even death.

The facilities covered by the settlement are located in Atlanta, Ga.; Clarion, Penn.; Crenshaw, Penn.; Muskogee, Okla.; and Waco, Texas.

The Oklahoma Department of Environmental Quality is also a signatory to this consent decree.

The proposed consent decree will be lodged with the United States District Court for the Northern District of Ohio, and will be subject to a 30-day public comment period.

More information on the settlement: http://www.epa.gov/enforcement/air/cases/owensbrockway.html

More information about EPA’s National Enforcement Initiatives: http://www.epa.gov/compliance/data/planning/initiatives/index.html

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Settlement for Sinclair Oil’s 2008 Violations

Wednesday, August 29th, 2012

The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced a settlement with two subsidiaries of Sinclair Oil Corporation to resolve alleged violations of air pollution limits established in a 2008 consent decree at refineries in Casper and Sinclair, Wyo. Sinclair Casper Refining Co. and Sinclair Wyoming Refining Co. will pay stipulated penalties totaling $3,844,000 and spend approximately $10.5 million on additional pollution control equipment and other projects to resolve the allegations. The settlement will require the Sinclair companies to reduce emissions of nitrogen oxides (NOx) by approximately 24 tons per year, sulfur dioxide (SO2) by approximately 385 tons per year, and particulate matter by approximately 59 tons per year.

The alleged violations stem from Sinclair’s failure to meet the terms of the 2008 consent decree, including exceeding NOx emissions limits at the Casper and Sinclair, Wyoming refineries and failing to comply with requirements to operate and maintain a flare gas recovery system at the Sinclair Refinery, resulting in excess emissions of SO2. The problems will be addressed by installing and operating a selective catalytic reduction system to control NOx emissions and by upgrading the flare gas recovery system to meet SO2 emissions limits. Sinclair will also complete a project to provide road paving at its Casper refinery that will reduce particulate matter emissions by an additional 59 tons per year and reduce fuel oil burning at the Casper refinery from the existing 188 tons per year limit to no more than 95 tons per year.

The settlement is subject to a 30-day public comment period and final court approval.

More about the settlement:
http://www.epa.gov/compliance/resources/cases/civil/caa/sinclair.html

More about EPA’s civil enforcement of the Clean Air Act: http://www.epa.gov/compliance/civil/caa/index.html

More about EPA’s refinery initiative: http://www.epa.gov/compliance/resources/cases/civil/caa/oil/

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US Reaches Pollution Agreement at BP Indiana Plant

Tuesday, June 5th, 2012

WHITING, Ind. – BP Products North America Inc. has agreed to install $400 million in new air pollution controls at its northwestern Indiana oil refinery and pay an $8 million fine under a deal announced Wednesday with the government and environmental groups.

BP’s refinery in Whiting, about 20 miles southeast of Chicago is undergoing a $3.8 billion expansion that is due to open next year. BP has said the expanded refinery would be the nation’s top processor of heavy high-sulfur Canadian crude oil, boosting its annual production of gasoline, diesel fuel and jet fuel by 15 percent to about 4.7 billion gallons annually. Although the EPA initially approved the expansion, it later filed Clean Air Act violations against the oil giant. The Justice Department and the EPA also allege the expansion violated a 2001 consent decree.

The settlement imposes some of the lowest emission limits in refinery settlements to date. BP agreed to a new system to reduce the flaring of refinery gas, new controls and practices to lower emissions throughout the refinery, enhance controls on wastewater containing benzene and other environmental upgrades designed to reduce harmful air pollution by about 4,000 tons annually. It also requires the refinery to spend $9.5 million on projects to reduce greenhouse gas emissions. BP will also install equipment to monitor emissions of benzene, sulfur dioxide and other pollutants and to post the data online.

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EPA Announces Settlement With Marathon Petroleum Company

Thursday, April 5th, 2012

WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the Department of Justice today announced an innovative environmental agreement with Ohio-based Marathon Petroleum Company that already has significantly reduced air pollution from all six of the company’s petroleum refineries. Marathon has agreed to state-of-the-art controls on flares and to a cap on the volume of waste gas it will send to its flares which is expected to reduce harmful air pollution by approximately 5,400 tons per year.

As part of the effort to reach this agreement, Marathon, under the direction and oversight of EPA, spent more than $2.4 million to develop and conduct pioneering combustion efficiency testing of flares and to advance the understanding of the relationship between flare operating parameters and flare combustion efficiency.

From 2008 to the end of 2011, the controls Marathon installed, such as flow monitors and gas chromatographs, have eliminated approximately 4720 tons per year of volatile organic compounds (VOCs) and 110 tons per year of hazardous air pollutants (HAPs) from the air. An additional 530 tons per year of VOCs and 30 tons per year of HAPs are projected to be eliminated in the future.

Marathon, headquartered in Findlay, Ohio, will pay a civil penalty of $460,000 to the United States.

For more about the settlement visit:
http://www.epa.gov/compliance/resources/cases/civil/caa/marathonrefining.html

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SJV LANDFILL TO SPEND $3.8 MILLION TO RESOLVE CAA VIOLATIONS

Wednesday, March 28th, 2012

The United States Attorney’s Office for the Eastern District of California and the U.S. Environmental Protection Agency (EPA) announced today that Forward Inc., of Manteca, has agreed to a settlement to resolve alleged violations of air pollution laws at its landfill in Manteca. The settlement requires Forward to spend approximately $3.8 million to improve the landfill’s gas collection and control system and to replace trucks in the landfill’s fleet with less polluting vehicles. Forward has also agreed to pay a civil penalty of $200,000, to be shared with the San Joaquin Valley Unified Air Pollution Control District, a co-plaintiff in the enforcement action against Forward.

http://www.justice.gov/enrd/Consent_Decrees.html.

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