The Water Resources Reform and Development Act (WRRDA) of 2014 was signed into law by the President on June 10, 2014. Section 1049 of the Act changes certain applicability provisions of the SPCC Rule for farms and modifies the criteria under which a farmer may self-certify an SPCC Plan. EPA has developed a fact sheet that provides details of the changes to applicability and self-certification for farms.
Learn DOT’s New Rules for Lithium Battery Shipments
- Enhance packaging and hazard communication requirements for lithium batteries transported by air
- Replace equivalent lithium content with Watt-hours for lithium ion cells and batteries
- Adopt separate shipping descriptions for lithium metal batteries and lithium ion batteries
- Revise provisions for the transport of small and medium lithium cells and batteries including cells and batteries packed with, or contained in, equipment
- Revise the exceptions for small cells and batteries in air transportation
- Revise the requirements for the transport of lithium batteries for disposal or recycling
- Harmonize the provisions for the transport of low production and prototype lithium cells and batteries with the ICAO Technical Instructions and the International Maritime Dangerous Goods Code
- Adopt new provisions for the transport of damaged, defective, and recalled lithium batteries
If you ship batteries by ground or air, you must comply with the latest DOT and IATA/ICAO regulations that specify how the batteries must be packaged, marked, labeled, and transported. The rules apply not only to batteries, but also to equipment or vehicles that contain batteries as well as batteries packed along with equipment. Virtually all types of batteries are regulated, including lithium, lead-acid, nickel cadmium, and metal hydride alkaline. According to 49 CFR 172.704, all personnel involved in the classification, packaging, marking, labeling, or shipment of batteries must receive initial and recurrent transportation training.
Tampa DOT/IATA Training
St. Louis RCRA and DOT Training
Hilton Head RCRA and DOT Training
A SUPR Tool to Map Clean Power Plan State Compliance Scenarios
Later this summer, EPA will publish its final Clean Power Plan rule, regulating greenhouse gas (GHG) emissions from existing power plants. Though the final rule has not yet been released, policymakers, state governments, utility operators, and other stakeholders are weighing their options to reduce carbon dioxide (CO2) from the power sector in compliance with the rule. As states consider plans to submit to EPA, they will want to evaluate the costs of their compliance options, but comparing different strategies can be complex.
Energy efficiency is included in those options, along with renewable energy, nuclear power, natural gas generation, improvements to power plants, and many more.
The purpose of the SUPR calculator is to provide policymakers and stakeholders with a rough estimate of some of the costs and benefits of different policies and technologies that could help a state meet its air quality goals. Users can select from a list of 19 different policies and technologies, including energy efficiency policies, renewable energy options, nuclear power, emission control options, and natural gas, to build a compliance scenario in their state.
Innovating to Improve Wastewater Treatment
Three Minnesota communities are coming up with new ways to remove contaminants from wastewater discharges, thanks to grants from the Clean Water, Land and Legacy Amendment that are administered by the Minnesota Pollution Control Agency (MPCA).
Minnesota cities can struggle to ensure that their wastewater treatment plants are eliminating the increasing amount of contamination present in municipal wastewater. In St. Cloud, Mankato, and Windom, pilot projects are underway to try out new methods. If they prove effective, the methods may help other cities discharge fewer contaminants and treat wastewater in a more cost-effective way.
St. Cloud – The city of St. Cloud has completed a promising pilot project on harvesting usable phosphorus from its waste biosolids to be used as agriculture fertilizer. Removing the phosphorus can help treatment plants reduce the nutrient level in their discharge to surface waters, where phosphorus can cause algae blooms. The process also benefits treatment facility operations by reducing the amount of magnesium ammonium phosphate—also called struvite—in the system, which can cause significant issues by blocking pipes.
Mankato – The city of Mankato is also aiming to reduce the amount of phosphorus in the water it discharges. They are testing the use of a membrane filter and chemical addition to achieve phosphorus reductions. The goal is to reduce the phosphorus concentration in their discharge to levels below what is currently required.
Windom – Windom’s project is looking at processes that would significantly limit the amount of nitrogen they discharge. They plan to try different methods to reduce nitrogen in wastewater, including using a new type of filtration and other alterations in their treatment process. They are aiming to reduce the nitrogen concentration in their discharge to levels below what is currently required. Nitrogen is a problem in Minnesota waters, especially in southwest Minnesota, and contributes to the low-oxygen “dead zone” in the Gulf of Mexico.
MPCA Completes 58 Enforcement Cases in First Quarter of 2015
In its ongoing efforts to promote environmental compliance, the Minnesota Pollution Control Agency (MPCA) concluded 58 enforcement cases in 34 counties throughout Minnesota during the first quarter of 2015. Penalties from all 58 cases totaled $346,736.
Environmental enforcement investigations often take several months, and in highly complex cases more than a year. Although, in rare instances, they can involve courts, they are most often negotiated settlements where the goal is compliance with environmental rules. Fines issued are targeted to match the environmental harm, economic advantage gained, or environmental corrective actions.
In addition to these 58 recently completed cases, the MPCA also has 119 ongoing enforcement investigations, 16 of which were opened as new cases during the first quarter of 2015. Not all investigations lead to fines or other official action.
Imposing monetary penalties is only part of the MPCA’s enforcement process. Agency staff continue to provide assistance, support, and information on the steps and tools necessary to achieve compliance for any company or local government that requests it.
United Abrasives Fined for Hazardous Waste Violations
In a recent settlement with EPA, the manufacturer of bonded abrasives in North Windham, Connecticut, has acquired new equipment that will reduce its generation of waste epoxy resins.
Under the settlement, United Abrasives paid a penalty of $26,619 and spent nearly $100,000 on an environmental project to help reduce the risks posed by the generation of hazardous wastes, benefiting their local community by installing updated equipment at its North Windham facility that eliminates or reduces the company’s generation of waste epoxy resins.
The settlement was first reached in September 2014. The company has documented that by March 2015, they paid the required penalty and installed the new equipment, which is now fully operational.
United Abrasives manufactures a variety of bonded abrasives at its North Windham facility, including grinding wheels and adhesive discs.
Manufacturing facilities often generate hazardous wastes during production, and those wastes must be properly managed and disposed of.
Since EPA’s discovery of the alleged violations at the United Abrasives facility, the company has worked to eliminate five of its other hazardous waste streams.
Mercury Incident at Banks, Oregon, Home Requires EPA Emergency Cleanup
EPA worked closely with state and local authorities to complete the cleanup and ensure that public health and the environment were not harmed.
Initial reports indicated that approximately two tablespoons of mercury were spilled onto the driveway. The source of the mercury is unknown. A contractor working in the house washed the driveway and further dispersed mercury into the street. EPA emergency responders assessed the contamination and completed a cleanup.
“The homeowner did the right thing by immediately notifying local authorities about the spill before the contamination spread widely,” said Kathy Parker, EPA On-Scene Coordinator. “Mercury spills that are not quickly contained can endanger passersby and result in a costly cleanup. If mercury is tracked into homes, the chances of people getting sick from it are higher."
Mercury is a highly toxic substance that builds up in human body tissue. In young children, exposure to mercury can lead to learning disabilities and damage to the nervous system. In adults, exposure may cause cardiovascular and central nervous system problems. Mercury can be especially harmful if its fumes are inhaled. Vacuuming, sweeping or otherwise dispersing mercury spreads it into the air and into smaller droplets, spreading contamination and making it more difficult to clean.
Metallic mercury appears as a thick, silver colored liquid that forms small drops or beads and breaks into smaller pieces easily. Mercury in containers and other mercury-containing products should be handled with extreme care and carefully transported to a household hazardous waste facility. Spills should be reported immediately to the local fire department.
A recent mercury spill in a Yakima, Washington home resulted in a full medical evaluation of the tenants and disposal of contaminated appliances, clothing, bedding, and carpet. EPA also excavated soil in the yard.
DOI, EPA, NOAA Announce Resilient Lands and Waters Initiative
The Department of the Interior (DOI), EPA, and the National Oceanic and Atmospheric Administration (NOAA) recently recognized four collaborative landscape partnerships across the country where Federal agencies will focus efforts with partners to conserve and restore important lands and waters and make them more resilient to a changing climate. Building on existing collaborations, these Resilient Lands and Waters partnerships—located in southwest Florida, Hawaii, Washington and the Great Lakes region—will help build resilience in regions vulnerable to climate change and related challenges. They will also showcase the benefits of landscape-scale management approaches and help enhance the carbon storage capacity of these natural areas.
The selected lands and waters face a wide range of climate impacts and other ecological stressors related to climate change, including sea level rise, drought, wildfire, and invasive species. At each location, federal agencies will work closely with state, tribal, and local partners to prepare for and prevent these and other threats, and ensure that long-term conservation efforts take climate change into account. Additionally, the initiative will focus on conserving coastal wetlands and marine conservation areas, protecting drinking water for urban areas, and providing habitat for wildlife. These collaborative efforts will include the use of existing tools to benefit the entire landscape as well as the development of new tools. For example, in the Great Lakes, partners are developing a coastal wetland prioritization tool that will help determine where restoration efforts are most needed. And in the He’eia watershed on the island of O’ahu, organizations are using NOAA’s Sea Level Rise Viewer to see maps of the potential impacts of sea level rise on the region.
Efforts in each region are relying on an approach that addresses the needs of the entire landscape. Over the next 18 months, federal, state, local, and tribal partners will work together in these landscapes to develop more explicit strategies and maps in their programs of work. Developing these strategies will benefit wildfire management, mitigation investments, restoration efforts, water and air quality, carbon storage, and the communities that depend upon natural systems for their own resilience.
For example, southwest Florida is home to large tracts of open and working lands with diverse ownership, and partners in the region are working to identify and apply incentives to meet important conservation targets. And in Washington, as part of efforts in the Puget Sound, partners are collaborating on several projects that affect the entire Snohomish River watershed, including the restoration of important tidal wetland habitats, which will have major climate mitigation benefits. The landscape-scale approach demonstrated through this initiative, a hallmark of this Administration, allows agencies and partners to identify shared priorities and improve their future conservation efforts. Additionally, by tracking successes and sharing lessons learned, the initiative will encourage the development of similar resilience efforts in other areas across the country.
“Climate change is impacting every corner of the nation—from the Everglades to the Arctic—which has ramifications for our natural and cultural heritage, public health, and economic activity,” said Interior Secretary Sally Jewell. “Through increased collaboration, we can pool resources and bring the best available science to bear as we take a landscape-level approach to make these treasured lands and waters more resilient to the impacts of climate change.”
”Building climate resilience on a regional scale is essential for meeting environmental protection goals in the long-term,” said EPA Administrator Gina McCarthy. “Partnering with other Federal agencies in this initiative we will ensure that our latest research plays a central role in protecting our nation’s most precious natural resources and keeping our economy strong.”
“The well-being of our families and our communities is closely tied to the health our landscapes and seascapes,” said Kathryn Sullivan, Ph.D., assistant secretary of commerce for oceans and atmosphere and NOAA administrator. “The lands and waters initiative will help our partners better understand the climate change risks and uncertainties in these geographies, and provide decision-makers with actionable information to make their environment, community and economy more resilient to these changes.”
The Climate Action Plan also directs agencies to manage our public lands and natural systems to store more carbon.
New Data Reveals Increase in Emissions from Natural Gas Drilling Operations as Activity Increases
The Department of Environmental Protection (DEP) recently released the 2013 air emissions inventory for the natural gas drilling industry that shows increases in several categories of contaminants. The data is required to be reported to DEP under Pennsylvania’s Air Pollution Control Act.
The inventory represents 2013 emissions from Marcellus Shale natural gas production and processing operations as well as compressor stations that receive gas from coal gas and conventional oil and gas well sites.
“The increases were not unexpected,” Acting DEP Secretary John Quigley said. “The industry is growing, and each year we are expanding the types and number of facilities from which we collect data so that we have a more comprehensive understanding of air quality issues.”
In 2013, the number of well sites included in the emissions inventory increased by 18.3%. The number of midstream facilities that submitted data increased by 8.2%.
The 2013 data shows the following difference from 2012 levels:
- Sulfur dioxide – 57% increase
- Volatile Organic Compounds – 19% increase
- Particulate matter – 12% increase
- Nitrogen oxides – 8% increase
- Methane – 13% decrease
- Carbon monoxide – 10% decrease
DEP began collecting emissions data from owners and operators of unconventional natural gas sources in 2011. For 2012, DEP expanded the data reporting requirement to include mid-stream compressor stations that support the conventional natural gas industry. DEP again expanded the reporting requirements in 2013 to include data from mid-stream compressor stations that support coal-bed methane formations.
In addition to compressor stations, other sources and activities of natural gas operations that DEP identified as part of the inventory include dehydration units; drill rigs; fugitives, such as connectors, flanges, pump lines, pump seals, and valves; heaters; pneumatic controllers and pumps; stationary engines; tanks, pressurized vessels, and impoundments; venting and blow down systems; well heads and well completions.
“While we are experiencing some increases in emissions from the natural gas sector, overall, our air quality continues to improve due to emissions reductions from other point sources such as electric generating units,” Quigley said. “We remain committed to developing and implementing the most effective ways to control and reduce emissions from Pennsylvania’s natural gas sites.”
ExxonMobil Fined over $3 Million for Violations Stemming from 2013 Oil Spill in Arkansas
Under a consent decree lodged in federal court, ExxonMobil will pay $3.19 million in federal civil penalties and take steps to address pipeline safety issues and oil spill response capability. In addition, ExxonMobil will pay $1 million in state civil penalties, $600,000 for a project to improve water quality at Lake Conway, and $280,000 to the Arkansas Attorney General’s Office for the state’s litigation costs.
The oil spill occurred on March 29, 2013 after the Pegasus Pipeline, carrying Canadian heavy crude oil from Illinois to Texas, ruptured in the Northwoods neighborhood of Mayflower, Arkansas. Oil flowed through the neighborhood, contaminating homes and yards, before entering a nearby creek, wetlands and a cove of Lake Conway. Some residents were ordered to evacuate their homes after the spill and remained displaced for an extended period of time. The spill volume has been estimated at approximately 3,190 barrels, or 134,000 gallons.
“Oil spills like this one in Mayflower, Arkansas have real and lasting impacts on clean water for communities,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Companies need to take the necessary precautions to make sure oil is transported safely and responsibly. This settlement puts in place essential pipeline safety and response measures that are important to make this industry safer for communities.”
“This settlement holds ExxonMobil accountable for this very serious oil spill and its disastrous impact on the Mayflower community and environment,” said John C. Cruden, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “This agreement is also an excellent example of federal and state cooperation that will benefit public health and the environment for years to come, and most importantly prevent future disasters by requiring better pipeline safety and response measures.”
“The US and the state of Arkansas have worked together since the first barrel of oil was spilled in 2013 to provide relief and assistance to the residents of Mayflower and Faulkner County and to hold ExxonMobil accountable for this serious spill,” said US Attorney Christopher R. Thyer for the Eastern District of Arkansas. “This settlement does both. In addition to paying significant civil penalties, ExxonMobil will provide money for safety and water-quality projects to help ensure that the residents of the affected area never have to go through an ordeal like this again. This resolution to a terrible disaster is a testament to the partnership between our federal and state governments to protect the citizens of Arkansas.”
The penalties owed by ExxonMobil under the consent decree are in addition to the money that the company has already paid to reimburse federal and State response efforts, and to comply with orders and directives issued by the Pipeline and Hazardous Materials Safety Administration (PHMSA). The segment of the Pegasus Pipeline that includes the rupture site has not been used since the March 2013 spill, and under the terms of the settlement agreement, ExxonMobil must comply with all PHMSA corrective action requirements before returning the pipeline to operation. The consent decree also requires ExxonMobil to take other important pipeline safety corrective action to help prevent future ruptures and improve its spill response capabilities by providing additional training to its oil spill first responders. In addition, ExxonMobil is required to establish caches of spill response equipment and supplies at three strategically-chosen sites along the pipeline, including one location near Mayflower in Faulkner County, Arkansas.
The penalty paid to the United States for this spill will be deposited in the federal Oil Spill Liability Trust Fund managed by the National Pollution Funds Center. Those funds will be available to pay for federal response activities and to compensate for damages when there is a discharge or substantial threat of discharge of oil or hazardous substances to waters of the United States or adjoining shorelines.
The joint federal and state complaint in the case, filed June 13, 2013 in the US District Court for the Eastern District of Arkansas, alleges that ExxonMobil discharged crude oil in violation of the Clean Water Act. The complaint also asserts state claims for civil penalties for improper storage of hazardous waste generated during the cleanup and for water and air pollution violations pursuant to the Arkansas Water and Air Pollution Control Act and the Arkansas Hazardous Waste Management Act.
Mallinckrodt Veterinary Inc. Agrees to $2.75 Million Fine for Contaminant Investigation and Cleanup
The Delaware Department of Natural Resources and Environmental Control (DNREC) and Mallinckrodt Veterinary, Inc., have entered into a consent decree by order of DNREC Secretary David Small which requires the company to reimburse DNREC more than $2.75 million for past costs associated with an investigation and contamination cleanup near Millsboro. The site was a former poultry vaccine manufacturing plant where the contaminant trichloroethylene, commonly known as TCE, was used in certain aspects of the facility’s operations.
The consent order enables DNREC to recover all costs from Mallinckrodt and Intervet corporate entities incurred by the department at the site through March 31, 2014. Mallinckrodt also agreed to responsibility for any future unreimbursed oversight costs for DNREC not covered under the cooperative agreement for the contaminated site, dated September 21, 2012, between DNREC and the EPA. Mallinckrodt Veterinary, Inc., and Intervet, Inc., also entered into administrative settlements with the EPA for the investigation and remediation of the Millsboro site. DNREC continues to review and provide comment on technical documents on site remediation, with cost supported by a cooperative agreement with EPA. In addition DNREC will be considering Natural Resource Damage Assessment (NRDA) against the responsible parties in the future.
TCE was used at the site for the manufacturing of poultry vaccines between 1952 and August 1999. The site’s operation as a poultry vaccine manufacturing plant resulted in the release of hazardous substances, including TCE, into the soil and groundwater. Previous owners and/or operators of the source area property included: Hiram N. Lasher; Delaware Poultry Laboratories, Inc.; Sterwin Laboratories; Mallinckrodt Veterinary, Inc., and Schering-Plough Animal Health Corporation. The poultry vaccine manufacturing building was demolished in December 1999 and is currently a vacant lot.
In October 2005, the Division of Public Health (DPH)-Office of Drinking Water announced that TCE had been detected at levels higher than acceptable by DPH regulations. Five months earlier, Dagsboro’s water supply had been connected to the Millsboro public water system; residents of both Millsboro and Dagsboro were immediately cautioned not to use the public water supply and bottled water was provided to residents for drinking purposes. A carbon filtration system was installed by the Town of Millsboro in November 2005 to treat the groundwater to acceptable levels. Subsequent water tests demonstrated that filtration system has successfully removed TCE from the water supply. The advisory on using the public water supply was lifted by the DPH in December 2005 and TCE was not detected in any of the private wells sampled.
Between December 12, 2005 and November 15, 2007, DNREC completed a groundwater investigation, which consisted of collection and screening analysis of nearly 300 groundwater samples from 95 geoprobe borings. DNREC’s Site Investigation and Restoration Section identified a source of high TCE contamination on a property located in the area (225 West DuPont Highway). DNREC determined that this property was the source of the contamination that affected the water supply wells located in Millsboro. Based on laboratory screening of groundwater samples collected, it was also determined that the groundwater plume was confined to a narrow area.
On April 29, 2009, the State of Delaware requested that the EPA add the Millsboro TCE site to the National Priority List. On September 23, 2009, the Millsboro public well site was proposed for EPA's National Priorities List. On May 10, 2010, Mallinckrodt Veterinary, Inc., and Intervet, Inc., entered into an administrative settlement and order on consent for removal response action with EPA which was amended November 26, 2010. A second such order to perform an engineering evaluation/cost analysis (EE/CA) with EPA was entered into by Mallinckrodt and Intervet January 31, 2011.
Costs incurred by DNREC include but are not limited to removal and disposal of two tanks and their TCE-impacted contents, as well as approximately 210 tons of impacted soil and debris excavated and transported to a disposal facility. Additionally, there were numerous soil and soil gas vapor samples taken, installation of groundwater monitoring wells, a chemical oxidation pilot study, a preliminary risk assessment for the site, a hydraulic evaluation, a preliminary site characterization, a preliminary risk evaluation, and a pilot reinjection test (for treated groundwater).
California Regents Fined for Underground Storage Tank Violations and Natural Resource Damages
On December 10, 2011, an underground storage tank that supplied a backup generator located at Stanley Hall on the University’s campus in Berkeley spilled 1,650 gallons of diesel fuel. About 850 gallons of the spilled diesel entered a storm drain and was then discharged into Strawberry Creek, an urban stream that runs directly into the San Francisco Bay.
The spill was caused when the tank’s leak detection system, which had a history of problems, failed, resulting in the malfunction of a fuel transfer pump. Following the spill, the University performed cleanup with oversight by the CDFW. In 2013, the State Water Board reviewed the University’s overall management of underground storage tanks and discovered numerous additional violations including, among other things, failure to monitor for leaks, failure to maintain adequate spill containment, and failure to provide adequate corrosion protection.
“This settlement marks the culmination of the first collaborative enforcement action between the State Water Board and CDFW against a public entity for tank violations,” said David Boyers, assistant chief counsel of the State Water Board’s Office of Enforcement. “Our goal is always to achieve compliance and protect the environment and our water quality from further threat of degradation, especially in times when water is scarce.”
Under the terms of the settlement, the University will pay $225,000 to the State Water Board Cleanup and Abatement Account, $70,000 to the OSPR Environmental Enhancement Fund, $31,500 for restoration projects and $2,500 for oversight costs associated with the diesel spill, and $45,000 for the reimbursement of staff costs. In addition, the University is enjoined from committing further violations for a period of five years. Civil penalties of $75,000 are suspended, but will become due and payable to the State Water Board if the University violates the underground storage tank laws over the next five years.
This settlement is the second enforcement action by the State Water Board’s Office of Enforcement under the State Water Board’s Government Owned and/or Operated Tank (GOT) Initiative that began in 2010 with the assistance of the EPA.
Central Valley Water Board Issues $440,440 Penalty to Recology Inc. for Water Quality Violations
The Central Valley Regional Water Quality Control Board has issued a $440,440 civil liability against Recology, Inc., for water quality violations at its Yuba Sutter Landfill near Marysville.
Recology operates a transfer station and green waste composting facility on top of the Yuba Sutter Landfill, a closed landfill located next to the Yuba River. The site is regulated by the Central Valley Water Board through Waste Discharge Requirements and a Cleanup and Abatement Order.
The Cleanup and Abatement Order requires Recology to enhance its operations at the compost area to collect leachate generated from compost piles during rainstorms. Compost leachate contains high levels of salt, nitrogen, metals, pathogens, and oxygen-demanding substances, and can adversely affect groundwater and surface waters.
The Administrative Civil Liability Order finds that Recology violated the Cleanup and Abatement Order by failing to install an appropriately sized leachate collection system by the mandated due date of October 1, 2014. As a result, Recology failed to collect all the leachate from the compost area during the December 2014 storms. The Order also finds that Recology did not install a proper leachate collection system until late January 2015.
“Recology’s failure to design and install an appropriate leachate management system resulted in spills during two moderate and predicted rain events” said Andrew Altevogt, assistant executive officer of the Central Valley Regional Water Quality Control Board. “Recology failed to live up to the requirements of the Cleanup and Abatement Order that they negotiated with Board staff.”
Noble Energy Inc. to Pay $4.95 Million for Clean Air Act Violations
VOCs are a key component in the formation of smog or ground-level ozone, a pollutant that irritates the lungs, exacerbates diseases such as asthma, and can increase susceptibility to respiratory illnesses, such as pneumonia and bronchitis.
As part of the settlement, Noble will spend an estimated $60 million on system upgrades, monitoring and inspections to reduce emissions, in addition to $4.5 million to fund environmental mitigation projects, $4 million on supplemental environmental projects, and a $4.95 million civil penalty.
The case arose from a joint EPA and Colorado investigation that found significant VOC emissions coming from storage tanks, primarily due to undersized vapor control systems. Noble has agreed to evaluate vapor control system designs, significantly reduce VOC emissions, and provide reports to the public. These reports will give other companies the opportunity to learn and apply this information to emissions estimates and vapor control system designs. Using advanced monitoring technologies, Noble will be better able to detect air pollution problems in real time and ensure proper operation and maintenance of pollution control equipment.
“Today’s settlement shows what can happen when federal and state governments work together to find innovative solutions to today’s complex pollution challenges,” said Cynthia Giles, assistant administrator for enforcement and compliance assurance at EPA. “This agreement highlights how air pollution can be addressed from a significant sector in a commonsense way, and helps spur development of advanced pollution control technologies that will be available to the entire industry. As domestic energy development grows, we all have a stake in making sure it’s done responsibly.”
“This first-of-its-kind settlement takes a basin-wide, systematic approach to address oil and gas emissions,” said Assistant Attorney General John C. Cruden for DOJ’s Environment and Natural Resources Division. “Our nation’s energy security and independence requires that oil and gas production be done safely, responsibly, and lawfully. We look forward to continuing to work with states and the oil and gas industry to ensure that oil and gas emissions are minimized nationwide.”
Under the settlement lodged in Colorado, Noble will perform engineering evaluations and make modifications to ensure that its vapor control systems are properly designed and sized to capture and control VOC emissions. Noble will use an infrared camera to inspect these systems, both initially to confirm capture and control of VOCs and periodically to verify proper upkeep and operation. These activities will be audited by a third-party, and Noble will develop and post reports summarizing its engineering evaluations and modifications online. Additionally, Noble will install monitors at certain storage tanks to detect tank pressure increases that may indicate possible emission releases. Noble has also committed to evaluate the condition of pressure relief valves, thief hatches, and mountings and gaskets on each storage tank and address any evidence of VOC emissions from those devices.
EPA estimates that modifications to the vapor control systems will reduce VOC emissions by at least 2,400 tons per year, and that significant additional reductions will be achieved with operational and maintenance improvements.
The settlement covers all of Noble’s controlled condensate storage tanks in the Denver 8-hour ozone marginal nonattainment area that have vapor control systems operating pursuant to the Colorado State Implementation Plan—more than 3,400 tank batteries, which are multiple storage tanks located together. Noble must survey all of its controlled condensate storage tanks in the area and implement any needed design changes to minimize emissions and ensure compliance with state regulations. Noble already has begun this work, having focused first on its largest storage tank batteries.
In addition to system upgrades, monitoring and inspections, Noble will spend at least $4.5 million on mitigation projects to reduce and prevent harmful emissions. These projects include: offloading condensate from storage tanks into tanker trucks in a closed system to prevent vapors from being emitted to the atmosphere; retrofitting diesel engines on drilling rigs and pumps used in fracturing operations to lower emissions of nitrogen oxide or ozone precursors; and replacing high-emitting 2-stroke gas-fired lawnmowers being used by residents with electric lawnmowers. These projects are expected to reduce VOC and nitrogen oxide emissions by a combined 800 tons or more per year. Additionally, Noble will require its tank truck contractors to implement an alternative oil measurement standard once it is approved by relevant authorities. This would substantially reduce or eliminate VOC emissions associated with opening storage tanks’ thief hatches.
Noble will also complete supplemental environmental projects costing a total of $4 million. One of the projects will provide financial incentives to residents in the ozone nonattainment area to replace or retrofit inefficient, higher-polluting wood-burning or coal appliances with cleaner burning, more efficient heating appliances and technologies. This project is expected to achieve emission reductions of 450 tons per year of carbon monoxide, 130 tons per year of VOCs, 60 tons per year of fine particulates known as PM2.5, and 10 tons per year of hazardous air pollutants. A second project will consist of a study—portions of which will be reported publicly—evaluating the reliability of various pressurized hydrocarbon liquids sampling and laboratory analysis techniques. The study is expected to result in more accurate data to estimate emissions associated with condensate storage tanks. Noble will spend $2 million on additional State-approved supplemental environmental projects. Noble will propose projects for State approval after the court concludes its review of the settlement.
The State of Colorado will receive $1.475 million of the total $4.95 million civil penalty in this case.
Two Connecticut Cities Violate Clean Air Laws
The cities of Groton and Norwich, Connecticut, will make significant upgrades to their drinking water treatment plants by eliminating the use of chlorine gas at these facilities. These actions settle claims by the EPA that the cities violated federal clean air laws meant to prevent chemical accidents.
Groton and Norwich will pay penalties of $7,000 and $8,330, respectively, and both cities will put in place projects to reduce public health risks in their communities by eliminating the use of chlorine gas at these facilities. The water treatment plants will use sodium hypochlorite, a safer chemical, for water disinfection. The cost to make these facility upgrades will be at least $449,000 in Groton, and at least $150,000 in Norwich.
Removing chlorine gas from these facilities will eliminate the chance of an accidental release from this source and improve the safety of residents, without compromising water treatment. Sodium hypochlorite is easier to handle and less hazardous than chlorine gas.
“EPA is pleased that the Groton and Norwich water treatment facilities will update their plants and eliminate the use of chlorine gas,” said Curt Spalding, regional administrator of EPA’s New England office. “Facilities that store and use hazardous materials have a special obligation to understand and carefully follow regulations designed to protect people, our communities and our environment from potentially catastrophic consequences of accidents.”
Municipalities and businesses that use chlorine gas or other hazardous chemicals are required to take precautions to avoid violating chemical accident prevention regulations.
These cases stem from 2012 inspections of the water treatment facilities.
At the Groton Water Treatment Facility, EPA documented violations of the risk management regulations related to the storage and handling of chlorine gas. These included the failure to: (1) develop a management system; (2) develop an adequate off-site hazard consequence analysis; (3) adequately update its process hazards analysis between 1997 and 2012, as required; (4) address safety and health considerations in its operating procedures as well as to review and certify operating procedures annually; (5) maintain adequate personnel training documentation; (6) adequately implement a program to maintain the ongoing integrity of process equipment; (7) conduct and document compliance audits at least every three years; and (8) implement an adequate emergency response plan.
At Norwich’s Dr. Charles W. Solomon Water Purification Plant, EPA identified a number of violations of the risk management requirements, including the failure to: (1) develop a management system; (2) compile process safety information; (3) update the process hazard analysis for its chlorine process; (4) create or maintain complete written operating procedures; (5) conduct personnel refresher training; (6) develop and put in place a preventative maintenance program; (7) conduct compliance audits; and (8) put in place a contractor program.
Exposure to chlorine gas presents significant health risks because, if it is released, it can be severely corrosive to the eyes, skin, and lungs. In some cases, exposure to high concentrations can be fatal. Inhalation of chlorine at lower concentrations can cause lung inflammation, fluid in the lungs, chest pain, and vomiting.
As part of their settlements with EPA, the Groton and Norwich plants have certified that they have corrected the alleged violations and are now operating the facilities in compliance with Clean Air Act requirements.
Multiple Settlements Emphasize the Need to Properly Label Pesticides
The settlements are between EPA and Bayer CropScience LP of Research Triangle Park, North Carolina, for an $85,500 penalty; E.I. du Pont de Nemours and Co., of Wilmington, Delaware, for a $22,200 penalty; and with Dow AgroSciences LLC of Indianapolis, Indiana, which will pay a civil penalty of $182,640 and implement an environmentally-beneficial project worth about $231,000. The supplemental project requires that Dow develop a widely-available, web-based FIFRA training with a focus on “supplemental distribution,” which will assist entities that make, import, sell, or distribute pesticide products, and other stakeholders to understand FIFRA requirements and ensure full compliance.
The three settlements are “derivative” cases brought by EPA against parties whose alleged liability derived from the actions of a supplemental distributor and agent, Harrell’s, LLC, of Lakeland, Florida. EPA reached a settlement with Harrell’s in December 2013 in which the company agreed to pay a penalty of more than $1.7 million, then the fourth largest civil penalty ever paid in a FIFRA enforcement case. The violations alleged in that case and in the derivative actions involved the distribution or sale of numerous misbranded pesticides between 2010 and 2012. The misbranded products consisted of various mixes of fertilizers with herbicides or insecticides, primarily for sale to golf courses and other commercial users. None of the products are sold to retail stores or individual consumers.
The three derivative cases involved pesticides that had been registered under FIFRA by Dow, Bayer, or DuPont (as “registrants”) and allowed by each to be sold by the “supplemental distributor” and agent (Harrell’s), under the Harrell’s name. In the cases against Dow, Bayer, and DuPont, each registrant had an agreement with Harrell’s which allowed the latter to supplementally distribute the registrants’ pesticide products. Since the FIFRA regulations specify that both registrant and subregistrant may be held liable for violations involving the supplementally distributed products, when Harrell’s distributed or sold variously misbranded pesticides – some with entire labels missing and others lacking certain required information—potential liability was triggered against Harrell’s and each of Dow, Bayer, and DuPont.
In addition to paying a monetary penalty, each case required the settling party to certify that it was currently in full compliance with FIFRA and the underlying regulations. Distributing or selling misbranded pesticides is an unlawful act under FIFRA since the sale of misbranded pesticides prevents end users and members of the public from having accurate, up-to-date information about ingredients, directions for use, hazards, safety precautions, etc., for pesticides in the marketplace.
Before pesticide products can be marketed or used in the US, EPA performs a rigorous, science-based evaluation to ensure that they are used according to specific product-labeled instructions without harming people’s health or the environment.
EPA focuses part of its national enforcement effort on distributor products because, in many cases, the agency has found that labels on pesticides produced and sold by supplemental distributors often lack critical information required by law. Omitting this information from a product label increases the risk of harm from potential misuse of the product. Because distributor products are considered an extension of the primary FIFRA-registered pesticide, they must timely reflect label, formulation, and registration changes regarding the primary product. The case settlements are intended to increase compliance levels among members of the regulated community.
Clean Air and Climate Initiatives Win EPA Honors
The EPA recently honored seven projects for their work on clean air and climate initiatives, including investment in alternative fuel vehicle fleets, business partnerships to reduce pollutants, and air quality education and outreach.
“Communities across the country have cleaner air and better protected health thanks to these award-winning programs,” said Janet McCabe, acting assistant administrator for EPA’s Office of Air and Radiation. “We’re celebrating Earth Day a little early by recognizing these cutting-edge efforts to educate their communities, cut harmful air pollution, improve public health and make our environment healthier and more sustainable.”
From an innovative public education program in the Delaware Valley to comprehensive air quality and health services for Alaskan tribes, award winners demonstrate a commitment to protecting health, reducing air pollution and addressing climate change. This year’s winners are:
Clean Air Technology
Penske Truck Leasing – Clean Air Technology Commitment – Penske Truck Leasing Co., LLP
- Penske has been assisting customers with alternative fuels for over two decades, and today has an alternative fuel vehicle (AFV) fleet of over 500 natural gas, hybrid, propane and electric vehicles ranging from tractor-trailers, straight trucks, buses, and delivery vehicles. Additionally, Penske has demonstrated and encouraged partnership in the EPA’s SmartWay Transport Partnership for over seven years, participating as an affiliate, truck carrier, and logistics partner. Penske is removing barriers to improve driver and fleet acceptance of low-emission technologies to reduce pollutants and GHGs.
Community Action
Clean Air Partners Program – CLEAN AIR Force of Central Texas
Club Ride Commuter Services – Regional Transportation Commission of Southern Nevada
- The CLEAN AIR Force of Central Texas developed the Clean Air Partners Program in 2001 after learning most pollutants that create harmful ground-level ozone come from on-road vehicles. Today there are 40 partners, including corporations, nonprofits and governments, representing 100,000 employees. By becoming a partner, employers volunteer to implement clean business practices and reduce emissions that contribute to unhealthy air. Many of the strategies used also save employers and employees time and money. The Clean Air Partners Program assists employers in reducing emissions with a flexible menu of options, including employee education, alternative commutes, use of cleaner fleets, clean energy practices, green power sources, low-emission construction, water conservation, and other proactive measures that contribute to cleaner air. The program is currently reducing approximately 10,000 commuters from our roads today, leading to less traffic and less air pollution.
- Club Ride is a free program of the Regional Transportation Commission of Southern Nevada designed to improve air quality and encourage commute alternatives such as riding transit, carpooling, vanpooling, walking, bicycling, working compressed work weeks, and telecommuting. Club Ride partners with nearly 300 employers and more than 24,000 registered commuters in Clark County to meet these goals. Club Ride’s 2014 highlights include: 59 tons of carbon monoxide emissions reduced; 2,324 tons of GHGs reduced; over 1 million clean commute trips reported; 5.9 million miles removed from the road; and $1,616,931 in commuter cost savings.
Education and Outreach
Air Quality Partnership of the Delaware Valley – Delaware Valley Regional Planning Commission
- The Air Quality Partnership of the Delaware Valley (AQP) has been actively educating the public in the Greater Philadelphia region about ways to reduce emissions that lead to ozone pollution and fine particle pollution (PM2.5) since its formation in 1997. The AQP is a program of the Delaware Valley Regional Planning Commission and consists of a coalition of agencies, businesses, and non-profits. The Partnership’s network of members, employees, and stakeholders encourage voluntary actions to reduce emissions by taking alternative forms of transportation, conserving energy in the home, educating the public about wastefulness of idling vehicles, and sharing ways to reducing emissions while refueling, among other efforts. For example, the organization worked with their partners on an anti-idling campaign that resulted in the creation of an online idling reporting platform.
Regulatory and Policy Innovations
Oil and Gas Emission Reduction Initiative – Colorado Department of Public Health and Environment
- In 2014, the State of Colorado adopted new rules to further minimize air quality impacts associated with oil and gas development. Colorado’s rules expand upon existing state law and EPA’s recent New Source Performance Standards. The rules were developed after an extensive stakeholder process lead by the Colorado Department of Public Health and Environment, working closely with diverse partners. A broad coalition of industry, environmental and local government stakeholders supported the rules, which were adopted by Colorado’s Air Quality Control Commission.
Transportation Efficiency Innovations
Fleet Hybrid Electric and All Electric Vehicle Program – County of Sonoma Fleet Operations
- The County of Sonoma has been a leader in transportation related emission reductions in California for more than 24 years. Starting in 1990 the County tested a prototype all-electric van in a fleet environment. Fleet related GHG emissions have been reduced by over 1,815 tons even though overall vehicle miles traveled increased by 10 million miles during the last 11 of 13 years. The County’s investment in hybrid electric and all electric vehicle technology has resulted in one of the largest BEV, HEV, NEV, and PHEV government fleets in North America. The hybrid fleet has reduced gasoline and diesel fuel usage by over 166,500 gallons while traveling over 10 million miles since 2002.
Gregg Cooke Visionary Program Award
Environmental Health Consultation - Tribal Air Quality Program – Alaska Native Tribal Health Consortium
- As part of the Alaska Native Tribal Health Consortium (ANTHC), the largest tribal health organization in the United States, the Environmental Health Consultation Team (EHC) provides cutting-edge air quality services to improve the lives of Alaska Native people and their communities. The EHC Statewide Tribal Air Program delivers technical consultation, air monitoring assistance, training, assessment, funding, and overall support to tribal communities throughout Alaska to address air quality concerns. The program has engaged in over 20 locally-led air quality projects and completed over 50 community air quality assessments which have reduced criteria air pollutants, raised greater public awareness of air quality, and enhanced tribal capacity to address local air quality issues.
The awards program, established in 2000 at the recommendation of the Clean Air Act Advisory Committee, recognizes and honors both individuals and organizations that have undertaken the risks of innovation, served as pioneers in their fields, advanced public understanding of ai