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DENVER (December 7, 2023) -- Today, EPA and the U.S. Department of Justice announced a settlement with Heritage-Crystal Clean, LLC (HCC) to resolve pending claims of the United States on behalf of the U.S. Environmental Protection Agency (EPA), the Louisiana Department of Environmental Quality (LDEQ), and the State of Indiana for violations of requirements governing management of hazardous waste, as well as a violation of used oil management requirements, at current or former HCC facilities located in Indianapolis, Indiana; Shreveport, Louisiana; Atlanta, Georgia; Fairless Hills, Pennsylvania; and Denver, Colorado.   

Under the settlement, HCC commits to pay civil penalties totaling $1,162,500 and to implement various measures to ensure that HCC facilities will not treat, store or dispose of parts-washing solvents that qualify as hazardous waste unless and until HCC receives a hazardous waste permit authorizing it to manage hazardous waste.  Plaintiffs estimate that the compliance measures required under the settlement will cost at least $1,628,502.  

“This settlement reflects our commitment to protecting communities, including North Denver, from the potential risk of exposure to hazardous chemicals,” said Suzanne Bohan, director of EPA Region 8’s Enforcement and Compliance Assurance Division. “HCC’s compliance actions will ensure the safe handling of solvents and reduce potential harm to people and the environment.” 

  “While federal law encourages responsible recycling of hazardous waste, recyclers must still comply with legal requirements designed to ensure the health and safety of our communities,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “This settlement reflects our commitment to ensuring that hazardous waste recycling operations are conducted in accordance with the Resource Conservation and Recovery Act and its regulations.” 

In January 2022, a twenty-one-count complaint was filed against HCC in federal district court in the Northern District of Illinois under the Resource Conservation and Recovery Act (RCRA) and applicable state law. The complaint states that in the course of providing parts washing services to customers throughout the United States, HCC accepted some used solvent that qualified as hazardous waste, but HCC did not transport and manage those solvents in accordance with applicable hazardous waste management requirements.   

Heritage-Crystal Clean, Denver facility 

The proposed settlement includes the resolution of alleged violations and remedies associated with the Denver Heritage Crystal Clean (HCC) facility at 5221 Monroe Street, located in the North Denver-Commerce City area, a historically overburdened neighborhood. HCC delivers solvent products to area customers from this facility which are used for parts washing. HCC’s Denver facility then brings used solvent from its customers back to the facility for transfer to other HCC facilities for reclamation. The primary solvent (142 Mineral Spirits) managed at the facility is an organic solvent with a claimed flash point of 142 degrees. An EPA inspection found that containers with used 142 Mineral Spirits on site exceeded the regulatory limit for tetrachloroethylene, making the solvent a characteristic hazardous waste subject to specific RCRA requirements.  

EPA has determined the Denver HCC facility is not handling hazardous spent 142 Mineral Spirits solvent according to RCRA requirements. Specifically, EPA found that HCC transported hazardous spent 142 Mineral Spirits solvent without documentation required by RCRA and stored the hazardous waste solvent at the Denver facility without first obtaining a permit. The settlement includes a sampling program to ensure hazardous wastes are properly identified and requires HCC to promptly remove any 142 solvent drums and consolidation containers with hazardous waste characteristics. The facility will manage such wastes in accordance with applicable hazardous waste requirements in the future.    

National Settlement Details 

The EPA/DOJ complaint states that HCC (1) transported hazardous waste without required hazardous waste manifests, (2) stored hazardous waste at various HCC facilities without required permits, (3) failed to make required hazardous waste determinations after mixing used solvents from different parts washing customers, (4) failed to comply with certain requirements for reducing air emissions from certain hazardous waste tanks and equipment, and (5) failed to maintain adequate secondary containment for certain hazardous waste tanks. The proposed settlement includes numerous other provisions specific to each facility, as well as provisions that require HCC to distribute educational materials to parts-washing customers in specified circumstances, and provisions for HCC to retain a third party to conduct audits at designated HCC facilities to ensure future compliance.  

The five HCC facilities included in this settlement are recognized by EPA to be located within communities with potential environmental justice concerns. Nearby communities will benefit from the improved controls and new work practices that will be implemented at HCC facilities as required by the consent decree. These new controls and practices will reduce emissions of volatile organic compounds (VOCs) to neighboring communities and reduce risk of exposure by ensuring lower volumes of hazardous wastes are managed at these facilities.  

The proposed consent decree, lodged in the U.S. District Court for the Northern District of Illinois, is subject to a 30-day federal public comment period and approval by the federal court.  The consent decree can be viewed on the Department of Justice consent decrees website.  

For more information about this settlement, please visit Heritage-Crystal Clean, LLC RCRA Settlement Information Sheet. 

WASHINGTON – Today, the U.S. Environmental Protection Agency (EPA) announced a new effort to support the public in sharing their ideas for environmentally beneficial projects that could potentially be included in future enforcement settlements. These voluntary environmentally beneficial projects, called Supplemental Environmental Projects (SEPs), bring environmental and public health benefits beyond those required by law to communities impacted by a violation of an environmental law or regulation.

“We want to hear from communities scarred by pollution about what projects best address the public health and environmental harms they have endured,” said Assistant Administrator David M. Uhlmann for EPA’s Office of Enforcement and Compliance Assurance. “While supplemental environmental projects must be tied to the risk or harm caused by the violation, public engagement regarding possible projects should lead to better outcomes, particularly in environmental justice communities.”

A SEP is an environmentally beneficial project or activity that is not required by law, but that a defendant voluntarily agrees to undertake as part of a settlement of an enforcement action. As it is tied to the settlement of violations, a SEP must reduce the risk or adverse impact to public health or the environment that the violations contributed to or reduce the likelihood of similar violations in the future.

SEPs help secure real public health and environmental benefits for communities harmed by environmental violations that result in an enforcement action.  SEPs help address the disproportionate burden felt in many overburdened and underserved communities around the country by providing on the ground health benefits to address the harm caused by neighboring polluters. As a result, SEPs have been an important component of EPA’s enforcement program for decades. Over the past three decades, SEPs have been a part of over 2,800 settlements, bringing projects valued at over $860 million to communities and the environment.

EPA has long encouraged defendants to reach out to the communities affected by their violations to discuss SEP ideas. In addition, if the Agency is aware of projects with community support, EPA can provide such information to defendants, upon request, for their consideration. However, the method for how the public could share potential SEP ideas with EPA has not been consistent or centralized over the years in part because the public cannot participate in confidential settlement discussions. EPA’s enforcement program is piloting the use of an email inbox to accept ideas from the public for potential environmental and public health projects that could be discussed during settlement negotiations. Anyone can submit an idea through this email address.

Ideas for SEPs can be submitted to EPA at SEPideas@epa.gov. The following type of information would be useful to EPA and/or a defendant when evaluating a project idea:

• • Short Title
  • Detailed Description
  • Public Health and/or Environmental Benefits
  • Information about the Location
  • Cost Information

In addition, the email inbox will allow a person to provide contact information, if so desired, in the event a defendant or settling party wishes to learn more about a proposed project idea.

More information about how to submit a SEP idea can be found on EPA’s SEP webpage.

In the past, SEPs in EPA settlements have been used to support projects that bring significant benefits to communities, including projects that (1) abate lead paint hazards in housing by removing and replacing windows and doors coated with lead-based paint; (2) reduce emissions from diesel engines through retrofits or replacement with cleaner engines (e.g., electric vehicles); and (3) enhance the emergency response capabilities of local fire departments or hazardous emergency response teams through donation of critical equipment. Going forward, defendants who are interested in implementing a SEP as part of a settlement to resolve violations of environmental laws will have an additional resource to find suggestions for SEPs that may be appropriate for both the risk or adverse impact of the violation and the community impacted.

Please keep in mind that a SEP project has to meet all the requirements of the Agency’s SEP Policy before it could be considered as part of a settlement, including that the defendant or settling party voluntarily agrees to do the project and the proposed project has a connection to the underlying violations, for example, fenceline air monitors to address Clean Air Act violations at a facility. 

More information about SEPs, including EPA’s SEP Policy, Facts About SEPs and information about prior settlement agreements that include SEPs is available on EPA’s Supplemental Environmental Projects (SEPS) web page.

WASHINGTON – Today, EPA and the U.S. Department of Justice announced a settlement with Heritage-Crystal Clean, LLC (HCC) to resolve pending claims of the United States on behalf of the U.S. Environmental Protection Agency (EPA), the Louisiana Department of Environmental Quality (LDEQ), and the State of Indiana for violations of requirements governing management of hazardous waste, as well as a violation of used oil management requirements, at current or former HCC facilities located in Indianapolis, Indiana; Shreveport, Louisiana; Atlanta, Georgia; Fairless Hills, Pennsylvania; and Denver, Colorado.  Under the settlement, HCC commits to pay civil penalties totaling $1,162,500 and to implement various measures to ensure that HCC facilities will not treat, store or dispose of parts-washing solvents that qualify as hazardous waste unless and until HCC receives a hazardous waste permit authorizing it to manage hazardous waste.  Plaintiffs estimate that the compliance measures required under the settlement will cost at least $1,628,502.  

“Companies that manage hazardous wastes for other companies are required to ensure that those wastes are handled properly, which Heritage Crystal Clean repeatedly failed to do,” said Assistant Administrator David M. Uhlmann for EPA’s Office of Enforcement and Compliance Assurance. “EPA is committed to fair and robust enforcement of our hazardous waste laws to ensure that our communities and the environment are protected from mismanaged hazardous wastes.”

“While federal law encourages responsible recycling of hazardous waste, recyclers must still comply with legal requirements designed to ensure the health and safety of our communities,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “This settlement reflects our commitment to ensuring that hazardous waste recycling operations are conducted in accordance with the Resource Conservation and Recovery Act and its regulations.”

In January 2022, a 21-count complaint was filed against HCC in federal district court in the Northern District of Illinois under the Resource Conservation and Recovery Act (RCRA) and applicable state law. The complaint states that in the course of providing parts-washing services to customers throughout the United States, HCC accepted some used solvent that qualified as hazardous waste, but HCC did not transport and manage those solvents in accordance with applicable hazardous waste management requirements.  In particular, the complaint states that HCC (1) transported hazardous waste without required hazardous waste manifests, (2) stored hazardous waste at various HCC facilities without required permits, (3) failed to make required hazardous waste determinations after mixing used solvents from different parts-washing customers, (4) failed to comply with certain requirements for reducing air emissions from certain hazardous waste tanks and equipment, and (5) failed to maintain adequate secondary containment for certain hazardous waste tanks. The complaint alleges that some used solvents managed by HCC were hazardous waste because HCC needed to subject the material to systematic gravity separation to make the used material suitable for resale. Plaintiffs contend HCC evaded hazardous waste requirements by improperly claiming that the unusable solvents were products instead of wastes.

As part of the settlement, HCC must perform compliance measures at multiple HCC facilities to achieve and maintain compliance with RCRA. As one element of the compliance program, the proposed settlement requires HCC to implement measures to ensure one type of used solvent referred to by HCC as “106 solvent” is acceptable for re-use without prior reclamation and that it is legitimately reused.  The settlement will also prohibit gravity separation (removing water and solids while recovering the valuable solvent component) of used 106 solvent in order to meet re-use solvent customer product specifications or to otherwise render the material suitable for re-use.  Used solvents that are legitimately reused for their solvent properties without prior reclamation are not subject to regulation as hazardous waste.  

Another central element of the proposed settlement is a sampling program to determine whether another type of parts-washing solvent—referred to by HCC as “142 solvent”—exhibits hazardous waste characteristics.  HCC must promptly remove from its facilities any 142 solvent drums and consolidation containers that exhibit hazardous waste characteristics, and HCC must thereafter manage such characteristic wastes in accordance with applicable hazardous waste management requirements.  

The proposed settlement also requires HCC to apply for a RCRA permit at its Indianapolis facility.  Pending issuance of the permit and construction of certain hazardous waste management units, the settlement requires HCC to implement specified interim measures at the Indianapolis facility, including frequent inspections of tanks and containers, as well as elimination of open venting of tanks containing used 142 solvent. 

Finally, the proposed settlement includes numerous other provisions, including provisions that require HCC to distribute educational materials to parts-washing customers in specified circumstances, and provisions for HCC to retain a third party to conduct audits at designated HCC facilities to ensure future compliance. 

The five HCC facilities included in this settlement are recognized by EPA to be located within communities with potential environmental justice concerns. Nearby communities will benefit from the improved controls and new work practices that will be implemented at HCC facilities as required by the consent decree. These new controls and practices will reduce emissions of volatile organic compounds (VOCs) and reduce risk of exposure to hazardous wastes managed at these facilities. 

The proposed consent decree, lodged in the U.S. District Court for the Northern District of Illinois, is subject to a 30-day federal public comment period and approval by the federal court.  The consent decree can be viewed on the Department of Justice consent decrees website. 

For more information about this settlement, please visit Heritage-Crystal Clean, LLC RCRA Settlement Information Sheet.

LENEXA, KAN. (DEC. 6, 2023) – CBD American Shaman LLC, based in Kansas City, Missouri, will pay a $120,720 civil penalty and donate $250,000 of products to a local nonprofit to settle alleged violations of federal law.

According to the U.S. Environmental Protection Agency (EPA), during the COVID-19 pandemic, the company unlawfully sold and/or distributed six antimicrobial pesticides called “Shaman Cleansing Wash” and “Shaman Cleansing Gel” without registering the products with EPA, in violation of the Federal Insecticide, Fungicide, and Rodenticide Act.

“The registration of pesticide products with EPA is critical to protecting public health so consumers are aware of a product’s ingredients, how the product can be safely used, and how the product should be properly stored and disposed,” said David Cozad, director of EPA Region 7’s Enforcement and Compliance Assurance Division.

CBD American Shaman’s settlement with EPA includes the donation of medical equipment, including COVID-19 tests, personal protective equipment, hand sanitizer, antiseptic wipes, masks, gloves, and thermometers, to Care Beyond the Boulevard, a Kansas City nonprofit that provides free medical services to Kansas City’s homeless and underserved populations. CBD American Shaman will donate $50,000 worth of products each year for five years.

According to EPA, during the COVID-19 pandemic, there was a significant increase in sales of unregistered pesticides.

CBD American Shaman is a wellness company specializing in cannabidiol (CBD) products with over 300 locations in 30 states. The alleged violations were observed during EPA inspections in 2021 at one of the company’s locations in Overland Park, Kansas, and at the company’s headquarters in Kansas City, Missouri.

Under federal law, it is unlawful to distribute or sell any pesticide that is not registered with EPA. An antimicrobial pesticide is a type of pesticide that is intended either to disinfect, sanitize, reduce, or mitigate growth or development of microbiological organisms.

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BOSTON (Dec. 6, 2023) – The U.S. Environmental Protection Agency recently reached a settlement with All Star Transportation, a Connecticut-based school bus transportation company, that violated state and federal clean air standards by allegedly allowing excessive idling of school buses at two locations in Connecticut.

“Cutting down on pollution is a crucial part of achieving clean air, especially for children and for our communities who bear the brunt of this pollution,” said EPA New England Regional Administrator David W. Cash. “With settlements like this one, and through our efforts to replace diesel school buses with electric buses, EPA continues to make good on our mission to protect our communities’ basic rights to clean air and a clean environment.”

All-Star Transportation, LLC is a company that owns and operates fleets of school buses in eighteen Connecticut communities. Under the terms of the settlement, All-Star Transportation, based in Waterbury, agreed to pay a penalty of $64,833 and certify compliance with state regulations. The settlement also requires the company to adopt a series of compliance measures at all its facilities. These include tracking school bus idling time via a telematics system; posting clear signage; updating driver training, including documenting any applicable regulatory exceptions when exceeding idling limit; conducting regular examinations of bus lots to prevent future violations; and addressing driver noncompliance.

Connecticut's federally enforceable State Implementation Plan contains an anti-idling regulation that prohibits motor vehicles from idling for longer than three minutes, unless a specifically listed exception applies. EPA alleged that it observed 76 of All-Star’s school buses idling excessively during EPA’s investigation in New Milford and Brookfield, Conn., totaling more than 780 excess minutes.

Background

Idling diesel engines emit pollutants that can cause or aggravate a variety of health problems including asthma and other respiratory diseases, and the fine particles in diesel exhaust are a likely human carcinogen. Diesel exhaust not only contributes to area-wide air quality problems, but more direct exposure can cause lightheadedness, nausea, sore throat, coughing, and other symptoms. Drivers, school children riding on the buses, facility workers, neighbors, and bystanders are all vulnerable.

More information:

EPA School Bus Idle Reduction

Today, U.S. Environmental Protection Agency reached a settlement with scrap metal recycler R.J. Torching, for alleged violations of the Clean Air Act. Under the agreement, known as a consent decree, R.J. Torching will install a pollution capture and control system at its facility on G-5167 North Dort Highway in Flint, Michigan. This system is expected to significantly reduce visible emissions of inhalable metallic particulate matter from the facility and will better protect human health and the environment. The company will also pay $150,000 in civil penalties.

R.J. Torching is a scrap metal recycler that uses high powered torches to cut large metal objects such as automotive manufacturing machines. EPA alleges that the company violated visible emissions limitations, illegally conducted open burning, and failed to properly operate air pollution control devices. EPA also alleges that the company violated a 2015 administrative settlement to use a specified air pollution cleansing device when needed, to comply with applicable Michigan visible emission requirements.

R.J. Torching’s torch-cutting operations can generate significant amounts of pollution, which can lead to a variety of health problems. EPA has also worked with the Michigan Department of Environment, Great Lakes, and Energy (EGLE) to issue violation notices addressing the company’s excess torch-cutting emissions at its facilities in Flint and Battle Creek, Michigan.

In 2019, R.J. Torching installed a movable enclosure to better contain torch-cutting emissions at the Flint facility. The current settlement will require R.J. Torching to use the enclosure to house the company’s torch-cutting operations and construct a new pollution control system to capture the emissions and remove particulate matter from the air through a fabric filter system. It will also require air pollution testing, and improved monitoring and compliance with a more stringent air emission standard to mitigate past harm to the environment.

The facility is located in an area with environmental justice concerns, according to data from EPA’s EJSCREEN tool. Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to environmental laws, regulations, and policies.  

The settlement is subject to a public comment period and final court approval. There will be a virtual public meeting on the consent decree January 18, 2024, from 6:00 to 7:30 p.m. EST. Information on how to submit a public comment and participate in the public meeting is available on the Department of Justice website

CHATTANOOGA, Tenn. (December 4, 2023) – Today, the U.S. Environmental Protection Agency, along with the U.S. Department of Justice, the Tennessee Attorney General’s Office, and the Tennessee Department of Environment & Conservation announced a proposed modification of a 2013 Consent Decree with the City of Chattanooga, Tennessee.

The proposed modification extends certain deadlines in the Consent Decree while adding significant remedial projects that the city must complete in the next five years.  The new projects will be undertaken in collaboration with the Hamilton County Water and Wastewater Treatment Authority (WWTA) and will be implemented at locations where the work will benefit both Chattanooga’s sewer system and the sewer system owned and operated by WWTA.  The cost of the additional required projects is estimated to be $185 million.

These projects will consist of the design and construction of equalization basins for temporary storage of wet weather flows from WWTA’s sewer system that are transmitted into Chattanooga’s sewer system. The mitigation of wet weather flows from WWTA’s system into Chattanooga’s sewer system will facilitate the elimination of sanitary sewer overflows (SSOs) in Chattanooga’s system. 

“This proposed modification represents significant efforts to develop a comprehensive solution that will improve the quality of life of Chattanooga’s citizens and Hamilton County citizens outside of Chattanooga, as well as the quality of water in the county,” said EPA Region 4 Regional Administrator Jeaneanne Gettle. “It continues the progress in eliminating sanitary sewer overflows in the city’s sewer system that was started with the 2013 Consent Decree, and refines the path forward based on information that has developed since the 2013 Consent Decree was filed.” 

Under the modification, Chattanooga also agrees to accept additional wastewater flows from WWTA’s sewer system that are currently transmitted to WWTA’s Signal Mountain Wastewater Treatment Plant (Signal Mountain WWTP) for treatment. The Signal Mountain WWTP experiences frequent bypasses of treatment and one of the remedies for this problem that is under consideration by WWTA is to redirect flows that currently go to the Signal Mountain WWTP to Chattanooga.  Chattanooga’s agreement to accept such additional flows expands the range of options for WWTA to consider as it works to resolve a serious environmental and compliance problem at the Signal Mountain WWTP.

In addition to the requirement to implement additional remedial projects and potentially accept flows currently transmitted to the Signal Mountain WWTP, the modification extends certain deadlines in the Consent Decree.  The adjusted deadlines include Chattanooga’s deadline to submit an East Bank/West Bank Assessment and Rehabilitation Plan to eliminate SSOs from the East Bank and West Bank Outfalls. 

The Parties agree that such an extension is warranted because the city has pending projects, including the projects added to the Consent Decree through this modification, that may eliminate the East Bank and West Bank Outfall SSOs without the need for development and implementation of additional remedial plans.  If SSOs are continuing to occur at the East Bank and West Bank Outfalls five years from the effective date of the Modification, then the city’s obligation to submit an East Bank/West Bank Assessment and Rehabilitation Plan to eliminate SSOs from the East Bank and West Bank Outfalls will be triggered. 

The Consent Decree Modification also extends until five years from the Effective Date of the Modification the date when the city becomes subject to the requirements of the Capacity Assurance Program (CAP) established under the Consent Decree.  The CAP limits the circumstances where the City can add new sewer connections to its system in areas where the sewer system lacks sufficient capacity to manage flows during a two-year, twenty-four-hour storm event.  Under the Modification, the city will still be obligated to follow its pre-Consent Decree capacity management procedures which have similar but less stringent limits on when new sewer connections can be added in areas where SSOs are recurring. The delay in the CAP program applicability is fair to the city because the city’s ability to meet the CAP Program requirements is impacted by excessive flows the city receives from WWTA’s sewer system.  When the original Consent Decree was entered, the city was anticipating that WWTA would address problems in its sewer system that causes these excessive wet weather flows from WWTA’s system.  For a variety of reasons, WWTA’s progress has been slower than anticipated, and WWTA has only this year completed negotiations of its own Consent Decree with the government parties that will lead to a ramping up of WWTA’s remediation efforts. 

The original 2013 Consent Decree resolved claims, through the date of the original Consent Decree’s date of lodging, by the United States and the State of Tennessee that the City violated the Clean Water Act and the Tennessee Water Quality Control Act. The violations primarily involved SSOs from the City’s sewer system, particularly those reaching waters of the United States or Tennessee, and failures to comply with certain operation and maintenance conditions of the city’s National Pollution Discharge Elimination System (NPDES) permits. 

Under the 2013 Consent Decree, the city was required to assess the causes of overflows of untreated sewage, develop and implement remedial plans to eliminate the overflows, and improve its management, operation, and maintenance programs to prevent future overflows and respond to overflows when they occur. The city also paid a civil penalty of $ $476,400, split equally between the United States and the State of Tennessee.

The proposed modification will be available for review and public comment for a period not less than 30 days. After considering and responding to comments received, the United States will determine whether to proceed with the proposed modification and, if so, file a motion moving the Court to enter the modification. Court approval is required before any modification would be effective. A copy of the consent decree lodged today will be available on the Department of Justice website at:  https://www.justice.gov/enrd/consent-decrees.

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LENEXA, KAN. (NOV. 30, 2023) – The U.S. Environmental Protection Agency (EPA) will collect a $89,860 penalty from POET Biorefining – Menlo LLC, a bioethanol producer in Menlo, Iowa, to resolve alleged violations of the federal Clean Air Act.

The company is a subsidiary of POET LLC, the world’s largest producer of biofuel. According to EPA, the Menlo facility is a “major air emission source” that failed to comply with federally enforceable permit provisions intended to limit harmful releases of air pollution.

After reviewing POET Biorefining facility records in 2022, EPA alleged that the company failed to properly operate the facility’s scrubber, which is designed to limit releases of volatile organic compounds and hazardous air pollutants. In response to EPA’s findings, the company corrected the alleged violations and implemented procedures to ensure that the scrubber operates within required parameters.

According to EPA, POET Biorefining creates biofuels through fermentation of corn sugars, which can emit volatile organic compounds and hazardous air pollutants. Volatile organic compounds are compounds that have a high vapor pressure and easily evaporate. Direct or long-term exposure to VOCs may result in eye, nose and throat irritation, headaches, nausea, organ or central nervous system damage, or cancer. Hazardous air pollutants are those known or suspected to cause cancer or other serious health impacts, such as reproductive effects, birth defects, or adverse environmental effects.

Reducing air pollution from the largest sources of emissions is a top priority for EPA.

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BOSTON (Nov. 28, 2023) – Under recently proposed settlements with the U.S. Environmental Protection Agency, two Rhode Island companies will be required to pay penalties and comply with EPA's Toxic Release Inventory (TRI) reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the process hazard review (PHR) requirement of the General Duty Clause of the Clean Air Act at their respective facilities for their uses of anhydrous ammonia and metals. These settlements further protect communities, employees, first responders, and the environment from accidental hazardous exposure through raised awareness.

"The safety and wellbeing of New England communities is our top priority. EPA oversight practices are designed to protect and inform local stakeholders, making it important that companies are following and operating in line with environmental laws and regulations," said EPA New England Regional Administrator David W. Cash. "This settlement, which will strengthen public safety, highlights accident prevention and the community's right to know about chemicals in their environment. We take these responsibilities seriously, especially to protect local populations that face disproportionate environmental risks in New England."

W.R. Cobb, a metal stamping manufacturer located in East Providence, Rhode Island, has agreed to pay a penalty of $108,900 for alleged violations of EPCRA TRI reporting requirements and the General Duty Clause of the Clean Air Act. The company, which uses anhydrous ammonia in its manufacturing processes, failed to file TRI reports for the facility's use of anhydrous ammonia during the calendar years 2018, 2019, and 2020. Additionally, W.R. Cobb failed to conduct a PHR for the facility's use of anhydrous ammonia as required by the General Duty Clause of the Clean Air Act. Though an efficient and effective refrigerant, anhydrous ammonia has toxic properties than can be corrosive to the skin, eyes and lungs when exposed. Further, nearly 10,000 people live within a one-mile radius of the facility. After EPA provided notice in August of 2021, the company filed all three missing TRI reports and completed a PHR.

Separately, EPA settled an action with Millard Wire, a Warwick, Rhode Island-based custom metal wire and metal strip manufacturing facility, for violations of EPCRA reporting requirements and the process hazard review requirement of the Clean Air Act. These violations stem from Millard Wire's storage and use of anhydrous ammonia and its processing of copper and nickel metals. The company was required to submit TRI forms for the facility's use and processing of ammonia, copper, and nickel at the facility. The company also failed to submit "Tier II" forms to the local emergency planning committee, the state emergency response commission, and the local fire department, as required under EPCRA. These requirements are important for transparency and for the safety of first responders. Additionally, the company failed to conduct a PHR, as required under the General Duty Clause of the Clean Air Act, for its use of anhydrous ammonia. Millard Wire corrected these violations based on EPA's notification, providing the required PHR, submitting Tier II forms, and filing its missing TRI forms for ammonia, copper, and nickel. Millard Wire agreed to pay a penalty of $170,261 and comply with EPCRA and the Clean Air Act.

Background

Under federal TRI regulations, companies that use certain listed chemicals must report their chemical releases each year to EPA. This information serves as the basis for the Toxic Release Inventory, which is a collection of data that can be readily reviewed by communities, government, and industry. With the information being publicly available, companies have an incentive to reduce harmful chemical use and improve their environmental performance. TRI reporting informs surrounding communities about a facility's toxic chemicals that could potentially harm public health and the environment and offers transparency.

EPCRA Tier II submissions are required to adequately inform local officials and responders of the presence of hazardous chemicals in the case of an emergency. This information is also available to the public, upon request, so that members of the public can be informed of the presence of hazardous chemicals in their communities.

The General Duty Clause of the Clean Air Act aims to prevent the accidental release of extremely hazardous chemicals and minimize the consequences of any such releases. Under this provision, owners and operators of facilities that store or use extremely hazardous chemicals have the duty, among others, to identify hazards that may result from a release and document this analysis in a PHR.

More information:

Emergency Planning and Community Right-to-Know Act

Toxic Release Inventory

General Duty Clause

BOSTON (Nov. 27, 2023) – HP Hood LLC, a national ice cream manufacturer, agreed to pay a penalty of $115,849 to settle claims by the U.S. Environmental Protection Agency that it violated federal laws regulating the handling and storage of ammonia at its facility in Suffield, Conn. As part of the settlement, the company has also agreed to complete system safety audits of its six facilities nationwide that have requirements under the risk management program (RMP) regulation.

"When a company falls short in meeting its safety obligations, it puts workers, local communities, and the environment at risk. With the company operating facilities across the country, we have a duty to call out a lack of accountability when we see it," said EPA New England Regional Administrator David W. Cash. "Ensuring safety and management practices of hazardous substances is key. We are dedicated to our core mission of protecting all communities, specifically focusing on mitigating environmental pollution and minimizing risks. This case serves as a reminder to companies that accountability and compliance is important. Chemical accident planning, prevention, and mitigation requirements, are all steps we make certain of, in order to keep New England safe."

An EPA inspection of HP Hood LLC facilities in Suffield, Conn revealed that HP Hood failed to document that its ammonia refrigeration equipment complied with recognized and generally applicable good engineering practices in violation of the Clean Air Act. This included issues like missing ammonia alarms, inadequate labeling of critical equipment, and failure to adhere to engineering best practices in equipment installation.

In addition, HP Hood failed to comply with the mechanical integrity requirements of the Clean Air Act's chemical accident prevention regulations by allegedly failing to sufficiently conduct piping inspections. Instances of damaged pipe insulation with potential safety risks and a minor anhydrous ammonia leak from a valve were documented. These findings highlighted the need for improved safety measures and adherence to industry standards at this facility, and at the other five HP Hood LLC facilities with risk management plan (RMP) requirements nationwide. As result, EPA negotiated with HP Hood LLC to pay a penalty, as well as create a schedule for conducting system safety audits at its six RMP facilities nationwide.

The penalty also includes a separate EPA assessment regarding a recent ammonia release from this company, caused by a forklift impact. Impacts to equipment have caused several accidents at facilities owned by other companies located in New England. As a result of EPA's action, HP Hood LLC has brought its facility in Suffield, Conn., into compliance to correct the conditions found during the inspection. In addition, the company must take steps to protect pipes in the machinery room from future forklift impacts.

Background

Anhydrous ammonia is an efficient refrigerant with low global warming potential, but it must be handled with care because it is highly corrosive to the skin, eyes, and lungs. Exposure to 300 parts per million is immediately dangerous to life and health. Ammonia is also flammable at certain concentrations and can explode if it is released in an enclosed space with a source of ignition present, or if a vessel containing anhydrous ammonia is exposed to fire.

The Clean Air Act Risk Management Program (RMP) Rule regulations require facilities that use regulated toxic and/or flammable substances to develop a risk management plan that identifies the potential effects of a chemical accident, identifies steps a facility is taking to prevent an accident, and spells out emergency response procedures should an accident occur. These plans provide valuable information to local fire, police, and emergency response personnel to prepare for, and respond to, chemical emergencies in their community.

EPA has found that many regulated facilities are not adequately managing the risks that they pose or ensuring the safety of their facilities in a way that is sufficient to protect surrounding communities. Approximately 150 catastrophic accidents occur per year at regulated facilities. These accidents result in fatalities, injuries, significant property damage, evacuations, sheltering in place, or environmental damage. Many more accidents with lesser effects also occur, demonstrating a clear risk posed by these facilities. Reducing risks from accidental releases of hazardous substances at industrial and chemical facilities is a top priority for EPA, which identified this goal as one of its National Enforcement Compliance Initiatives.

More information:

• Risk Management Plan Fact Sheet
• Risk Management Program Rule
• EPA information on Compliance Assistance Tools and Resources for the Ammonia Refrigeration Sector (pdf) (161 KB)
• Enforcement Alert for Ammonia Refrigeration Facilities

The U.S. Environmental Protection Agency has finalized regulatory action on the State of Alaska’s current plan to reduce winter-time fine particulate matter (PM2.5)levels in the Fairbanks-North Star Borough which remain double the national, health-based standard.

Today’s announcement, which concludes the agency’s requirement to formally approve and/or disapprove elements of the plan, now serves as a blueprint for the state and borough as they develop a new plan to submit to the EPA in summer 2024.

EPA staff are working with the Alaska Department of Environmental Conservation and the borough to strengthen the disapproved elements of the current plan. For instance, while the EPA has formally disapproved the plan’s failure to require controls on stationary sources of sulfur dioxide – such as power plants -- the agency’s Office of Research & Development has developed a new model which is being used by ADEC that could demonstrate that the SO2 from those sources do not contribute significantly to the region’s PM2.5 problem.

In January of this year, the EPA sought public comment on its proposal to approve and disapprove parts of the state’s current plan. After reviewing 160 comments, including new information from the state, the EPA re-evaluated several elements of the state’s plan it had proposed disapproving. For instance, after initially proposing to disapprove the state’s determination that requiring the use of ultra-low sulfur diesel in boilers and home heating was neither practical nor affordable, the EPA further analyzed the state’s determination and is now satisfied with the state’s analysis -- and thus will not require the state to mandate the use of ULSD in the borough.

“Air quality in Fairbanks is as complicated a public health issue as we deal with at EPA,” said EPA Regional Administrator Casey Sixkiller. “Getting the plan right requires understanding evolving science, and we think we’re much closer to a solution than we’ve ever been.

“What’s clear to me is that everyone in the borough has a role to play in reducing particulate emissions, and the EPA can lend a hand by providing technical and financial support to reduce the cost of residents’ efforts to help. I’m confident the partnerships among my agency, ADEC, and the Fairbanks North Star Borough will deliver an air quality plan that will significantly reduce PM levels and provide the public health improvements that borough residents deserve.”

The EPA’s disapproval of part of the state’s plan freezes funding of the state’s transportation plan for the borough at current levels. However, the agency anticipates receiving an approvable air quality plan in July, and formal approval of that plan would eliminate any practical impact of a freeze.

$10 million in new Targeted Airshed Grants for FNSB

Recognizing that wood smoke remains the largest source of fine particle pollution in the borough, last month the EPA awarded $10 million in Targeted Airshed Grant funding to ADEC to help the borough reduce direct fine particulate matter emissions by removing and replacing solid-fueled heating devices, replacing oil heating appliances with natural gas or propane, and expanding the availability of natural gas to underserved communities via mainline extensions.

ADEC is partnering with the Interior Gas Utility to extend its natural gas distribution lines to more areas within the nonattainment area with a priority focus on communities with environmental justice concerns. This is the first time Targeted Airshed Grant funding has been awarded to expand access to natural gas, which will broaden the depth of eligible applicants for solid fuel burning appliances and oil to gas conversion and further assist in the reductions of PM2.5 and SO2.

Since Alaska’s first Targeted Airshed Grant in 2017, the EPA has provided nearly $42 million to help the state and borough improve air quality.

The borough’s existing woodstove conversion program has removed or converted 3,576 woodstove or other solid fuel-fired heating devices in the non-attainment area. This grant is estimated to remove or convert an additional approximately 335 solid-fueled heating devices and oil heating appliances to natural gas or propane.

For more information about the EPA’s role in improving air quality in the borough go to https://www.epa.gov/ak/fairbanks-air-quality-plan.

WASHINGTON – Plant-based ingredient maker Ingredion Incorporated today agreed to a settlement with EPA and the U.S. Department of Justice, along with the Indiana Department of Environmental Management (IDEM) and the Indiana Attorney General’s Office, to settle claims that it violated the Clean Air Act (CAA) at its corn wet milling facility in Indianapolis. Ingredion will pay a civil penalty of $1,139,600 and implement measures at a cost of nearly $7 million to reduce and offset unpermitted emissions of particulate matter (PM) and to comply with lower future PM limits.

A complaint filed with the consent decree states that Ingredion violated CAA permit limits on PM emissions, including inhalable PMs with a diameter of 10 microns or less, and volatile organic compounds.  The complaint also states that Ingredion did not operate and monitor certain equipment as required to minimize air emissions.

“This settlement requires Ingredion to lower its emissions of particulate matter, which can cause serious health problems, and also requires Ingredion to take steps to offset the unlawful emissions it released in the past,” said Assistant Administrator David M. Uhlmann of EPA’s Office of Enforcement and Compliance Assurance.  “To help ensure the Company’s future compliance, Ingredion must implement a compliance management system that is subject to an independent audit program.”

“Today’s settlement will not just bring Ingredion back into compliance with the Clean Air Act, it will hold it to more stringent air pollution standards going forward,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “This settlement will result in cleaner air for the residents of Indianapolis, particularly those who live in the overburdened community near the Ingredion facility.”

“IDEM is happy to be a part of this resolution that ensures responsible operations in compliance with the Clean Air Act,” said IDEM Commissioner Brian Rockensuess. “Good air quality is a shared resource that requires partnership between government entities, the public and industry. This settlement will benefit residents in Marion County and Hoosiers across Indiana.”

PM is composed of microscopic solids or liquid droplets. It can get deep into the lungs and cause serious health problems including coughing, aggravated asthma, chronic bronchitis and premature death in people with heart or lung disease.

The settlement requires Ingredion to install and operate new equipment to meet PM limits that are lower than the plant’s current permitted limits. The company completed installation and testing of the new system in advance of today’s filing. The settlement also requires Ingredion to implement a modernized compliance management system to address repeated operation and monitoring failures at the facility and hire an independent auditor to verify the effectiveness of the system.

Under today’s settlement, Ingredion committed to mitigating the harm associated with past excess PM emissions by paving onsite unpaved and partially paved roads and parking areas to reduce PM emissions generated by vehicle traffic, which Ingredion completed in advance of today’s filing. The company will also replace aging railway locomotives at the facility with two modern locomotives that meet emissions standards.

As a state supplemental environmental project, the settlement requires Ingredion to contribute $560,400 to the State of Indiana to support Brownfields redevelopment in and around Marion County, Indiana.

The EPA and IDEM are investigating the case.  Attorneys from the U.S. Department of Justice’s Environmental Enforcement Section and the Indiana Attorney General’s Office are handling the case.

The consent decree, lodged in the U.S. District Court for the Southern District of Indiana, is subject to a 30-day public comment period and final court approval. The consent decree will be available for viewing on the Department of Justice proposed consent decrees website.

SEATTLE (November 21, 2023) -- The U.S Environmental Protection Agency announced today that Electron Hydro, LLC, and its Chief Operating Officer, Thom Fischer, have agreed to pay a $1,025,000 civil penalty for major violations of the Clean Water Act stemming from the illegal installation of thousands of yards of artificial turf at a construction project at the Electron dam and the subsequent release of hundreds of yards of the turf and the crumb rubber it contained into the Puyallup River in the summer of 2020.

Turf has been found at least 5000 feet from the site and crumb rubber has been found at least 19 miles downstream. Recovery of all the discharged material is not possible.

“Sadly, Electron Hydro’s and Mr. Fischer’s unfathomable violations will have lasting environmental impact on the Puyallup River and the fish and wildlife that rely on it,” said Ed Kowalski, Director of the Enforcement and Compliance Assurance Division in EPA’s Region 10 office in Seattle. “Payment of this major penalty cannot undo the damage. However, the additional work required by this settlement represents a significant step toward restoring our precious water resources and should serve as a strong reminder that EPA will exact significant sanctions, monetary and otherwise, from those who ignore their legal responsibilities to protect our water resources.”

Artificial turf contains a wide range of toxic compounds, including plasticizers, zinc, lead, and other toxic compounds. Crumb rubber is made from waste tires that contain 6PPD, a chemical used in tire manufacturing. When 6PPD reacts with ozone, it forms 6PPD-q, which is toxic to salmon, trout, and many other fish and aquatic species, and is known to be lethal to coho salmon.

The Puyallup River, which flows into Puget Sound, is home to Chinook salmon, bull trout, and steelhead trout, all of which are protected under the Endangered Species Act. The river is also home to coho, chum, and pink salmon, as well as cutthroat trout.

The Puyallup Tribe owns the bed and banks of the Puyallup River within its reservation and downstream of the discharge site. Since time immemorial, Tribal members have fished the waters of the Puyallup River, the Puyallup River Watershed, and Commencement Bay -- and the Tribe’s fishing rights are protected by treaty.

In its investigation, the EPA also discovered that for many years Electron Hydro violated the conditions of the Washington Department of Ecology’s Construction Stormwater General Permit by failing to:

• update its Notice of Intent to reflect the true size of the construction area;
• provide secondary containment for equipment containing fuel;
• implement and/or maintain required best management practices;
• adequately conduct and/or document inspections;
• maintain records on-site; and
• timely submit discharge monitoring reports.

The company’s failure to comply with the conditions of the permit may have resulted in environmental harm due to discharge of pollutants such as sediment, phosphorus, and petroleum products from the construction site to the Puyallup River.

In November 2020, the U.S. Department of Justice filed a complaint in federal court. After multiple successful rulings in federal court, the EPA and the Department of Justice negotiated a Clean Water Act settlement with Electron Hydro and Fischer, which is memorialized in the Consent Decree announced today. In addition to paying a penalty of $1,025,000, the company and Fischer agreed to perform a significant amount of injunctive relief that will directly benefit the Puyallup River and/or redress the harms from their Clean Water Act violations. Specifically, they agree to:

• Implement comprehensive turf management requirements to ensure as much turf as possible is recovered from the environment, including establishing a phone line and web reporting tools for members of the public to report artificial turf observed;
• Hire an independent third-party contractor to evaluate operations covered by the Construction Stormwater General Permit and implement all recommended stormwater best management practices and publish stormwater compliance information to a public website for transparency and accountability;
• Preserve in perpetuity approximately 70 acres of land along the Puyallup River that provide valuable salmon habitat;
• Hire an independent third-party contractor to evaluate the company’s new plans to complete the failed 2020 construction project and submit the contractor’s evaluation to the U.S. Army Corps of Engineers; and
• Forgo hydroelectric operations until they remove thousands of yards of rock placed in the river in October 2020.

The Consent Decree is subject to a 45-day comment period and final court approval. The public view the Consent Decree at https://www.justice.gov/enrd/consent-decrees.

LENEXA, KAN. (NOV. 20, 2023) – The U.S. Environmental Protection Agency (EPA) and U.S. Department of Justice today announced a settlement with Coffeyville Resources Refining & Marketing LLC and its affiliated companies (CRRM) for violations of the Clean Air Act and a previous consent decree related to operation of its petroleum refinery in Coffeyville, Kansas.

These violations resulted in illegal emissions of various pollutants, including an EPA estimate of over 2,300 excess tons of sulfur dioxide (SO2), a pollutant that can make breathing more difficult, from the refinery’s flares from 2015 to 2017.

The United States and the State of Kansas allege that CRRM violated numerous provisions of a 2012 consent decree and the Clean Air Act. Under the settlement, CRRM will spend at least $1 million on a project to benefit the public and environment of Kansas and implement measures costing up to $9 million to prevent future violations and redress the environmental harm caused by their unlawful conduct. The company will also pay more than $13 million in penalties to the United States and Kansas.

“The settlement with Coffeyville delivers on the promise of EPA’s new climate enforcement strategy by reducing greenhouse gas emissions equivalent to the annual emissions of 10,000 cars,” said Assistant Administrator David M. Uhlmann for EPA’s Office of Enforcement and Compliance Assurance. “In addition, the actions we are taking alongside our state partners in Kansas will reduce harmful air pollution that makes breathing more difficult and causes smog, acid rain, and tree and plant damage.”

“This settlement demonstrates that the United States will take decisive action to address Clean Air Act violations, to enforce the terms of consent decrees, and to promote environmental justice,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “The emissions reductions achieved under this settlement will result in healthier air for a community disproportionately affected by air pollution, including for residents of the nearby Cherokee Nation.”

“We are committed to protecting people and families in the communities where they live,” said EPA Region 7 Administrator Meg McCollister. “In addition to the emission controls provided in the settlement, this order requires CRRM to invest $1 million in an environmental project to be approved by the State of Kansas, which will directly benefit the citizens of the state.”

Since the United States and Kansas began investigating CRRM’s alleged non-compliance in 2016, CRRM’s efforts to come into compliance with Clean Air Act requirements have already eliminated more than 39,000 tons per year of carbon dioxide (CO2) emissions from excessive flaring of waste gas, equivalent to using nearly 4 million fewer gallons of gasoline per year. In addition, EPA estimates that the flare gas recovery system required by the consent decree lodged today will further reduce yearly emissions of greenhouse gases by 12,888 tons, equivalent to using 1.3 million fewer gallons of gasoline annually, and will also reduce yearly emissions of SO2 by 1.7 tons and nitrogen oxide (NOx) by 9.57 tons. NOx is a primary contributor to the formation of smog.

In 2020, the United States and Kansas sought more than $6.8 million in stipulated penalties from CRRM because of the company’s alleged violations of the 2012 consent decree, primarily regarding its failure to properly monitor SO2 emissions from flaring. Various refinery processes lead to flaring or burning of waste gases which emit various pollutants into the atmosphere, including carbon dioxide, methane, and SO2. The U.S. District Court for the District of Kansas held CRRM liable for the stipulated penalties and the company appealed the decision. 

Also in 2020, the United States and Kansas alleged additional Clean Air Act violations at the refinery, resulting in excess emissions of SO2 in a community already disproportionately impacted by air pollution. Exposure to SO2 can harm breathing and particularly affects those with asthma, children, and older adults. High concentrations of SO2 can lead to the formation of other sulfur oxides and ultimately small particles, which can contribute to particulate matter pollution, acid rain, and tree and plant damage.

The consent decree, which the United States filed today, resolves the stipulated penalties demand and violations identified in the complaint. CRRM must:

• Pay over $6.8 million in stipulated penalties awarded by the court and $183,000 in stipulated penalties for additional violations of the 2012 consent decree.
• Pay over $6.2 million in additional penalties for Clean Air Act violations alleged in the complaint.
• Spend at least $1 million on an environmentally beneficial project to be approved by the State of Kansas.
• Undertake various measures to facilitate future compliance with the Clean Air Act.
• Reduce NOx emissions from refinery heaters.
• Build an approximately $9 million flare gas recovery system to reduce the refinery’s flaring.

EPA Region 7, EPA’s Office of Enforcement and Compliance Assurance, and the Kansas Department of Health and Environment investigated the case. The Department of Justice’s ENRD Environmental Enforcement Section and the State of Kansas prosecuted the case.

The consent decree, lodged in the U.S. District Court for the District of Kansas, is subject to a 30-day public comment period and final court approval. The consent decree will be available for viewing online.

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WASHINGTON – The Environmental Protection Agency (EPA) and the Department of Justice today announced a settlement with Coffeyville Resources Refining & Marketing LLC and its affiliated companies (CRRM) for violations of the Clean Air Act and a previous consent decree related to operation of its petroleum refinery in Coffeyville, Kansas.  These violations resulted in illegal emissions of various pollutants including an EPA estimate of over 2,300 excess tons of sulfur dioxide (SO2), a pollutant that can make breathing more difficult, from the refineries flares from 2015 to 2017.

The United States and the State of Kansas allege that CRRM violated numerous provisions of a 2012 consent decree and the Clean Air Act. Under the settlement, CRRM will spend at least $1 million on a project to benefit the public and environment of Kansas and implement measures costing up to $9 million to prevent future violations and redress the environmental harm caused by their unlawful conduct. The company will also pay more than $13 million in penalties to the United States and Kansas.

“The settlement with Coffeyville delivers on the promise of EPA’s new climate enforcement strategy by reducing greenhouse gas emissions equivalent to the annual emissions of 10,000 cars,” said Assistant Administrator David M. Uhlmann for EPA’s Office of Enforcement and Compliance Assurance. “In addition, the actions we are taking alongside our state partners in Kansas will reduce harmful air pollution that makes breathing more difficult and causes smog, acid rain, and tree and plant damage.” 

“This settlement demonstrates that the United States will take decisive action to address Clean Air Act violations, to enforce the terms of consent decrees and to promote environmental justice,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “The emissions reductions achieved under this settlement will result in healthier air for a community disproportionately affected by air pollution, including for residents of the nearby Cherokee Nation.”

“We are committed to protecting people and families in the communities where they live,” said EPA Region 7 Administrator Meg McCollister. “In addition to the emission controls provided in the settlement, this order requires CRRM to invest $1 million in an environmental project to be approved by the state of Kansas, which will directly benefit the citizens of the state.”

Since the United States and Kansas began investigating CRRM’s alleged non-compliance in 2016, CRRM’s efforts to come into compliance with Clean Air Act requirements have already eliminated more than 39,000 tons per year of carbon dioxide (CO2) emissions from excessive flaring of waste gas, equivalent to using nearly 4 million fewer gallons of gasoline per year. In addition, EPA estimates that the flare gas recovery system required by the consent decree lodged today will further reduce yearly emissions of greenhouse gases by 12,888 tons, equivalent to using 1.3 million fewer gallons of gasoline annually and will also reduce yearly emissions of SO2 by 1.7 tons and nitrogen oxide (NOx) by 9.57 tons.  NOx is a primary contributor to the formation of smog.

In 2020, the United States and Kansas sought more than $6.8 million in stipulated penalties from CRRM because of the company’s alleged violations of the 2012 consent decree – primarily regarding its failure to properly monitor SO2 emissions from flaring. Various refinery processes lead to flaring or burning of waste gases which emit various pollutants into the atmosphere, including carbon dioxide, methane, and SO2. The U.S. District Court for the District of Kansas held CRRM liable for the stipulated penalties and the company appealed the decision. 

Also in 2020, the United States and Kansas alleged additional Clean Air Act violations at the refinery, resulting in excess emissions of SO2 in a community already disproportionately impacted by air pollution. Exposure to SO2 can harm breathing and particularly affects those with asthma, children, and older adults. High concentrations of SO2 can lead to formation of other sulfur oxides and ultimately small particles, which can contribute to particulate matter pollution, acid rain and tree and plant damage.

The consent decree, which the United States filed today, resolves the stipulated penalties demand and violations identified in the complaint. CRRM must:

• Pay more than $6.8 million in stipulated penalties awarded by the court and $183,000 in stipulated penalties for additional violations of the 2012 consent decree;
• Pay more than $6.2 million in additional penalties for Clean Air Act violations alleged in the complaint;
• Spend at least $1 million on an environmentally beneficial project to be approved by the State of Kansas;
• Undertake various measures to facilitate future compliance with the Clean Air Act;
• Reduce NOx emissions from refinery heaters; and
• Build an approximately $9 million flare gas recovery system to reduce the refinery’s flaring.

EPA Region 7, EPA’s Office of Enforcement and Compliance Assurance, and the Kansas Department of Health and Environment investigated the case. The Department of Justice’s ENRD Environmental Enforcement Section and the State of Kansas prosecuted the case.

The consent decree, lodged in the U.S. District Court for the District of Kansas, is subject to a 30-day public comment period and final court approval. The consent decree will be available for viewing at the 2023 Coffeyville Resources Refining & Marketing, LLC Clean Air Act Settlement Information Sheet.

PHILADELPHIA (Nov. 16, 2023) – The U.S. Department of Justice filed a complaint on behalf of EPA against Chameleon LLC and Gary V. Layne to address violations of the Clean Water Act (CWA) involving unauthorized discharges of dredged or fill material into wetlands adjacent to tributaries of the Chickahominy and Pamunkey Rivers in Ashland, Virginia.

The complaint alleges that Defendants conducted extensive clearing, grubbing, earth-moving, and draining activities in wetlands to prepare the site for development without any permit authorization, in violation of Sections 301 and 404 of the Clean Water Act.  EPA previously issued a Unilateral Administrative Order on November 23, 2021, that required Defendants to submit a plan to restore the impacted wetlands. Chameleon LLC and Mr. Layne failed to comply with that order.

“EPA remains committed to protecting our nation’s waters from harmful pollution, within the limits set by the Supreme Court,” said Assistant Administrator David M. Uhlmann for EPA’s Office of Enforcement and Compliance Assurance. “EPA will hold companies accountable when they seek to profit from illegally filling wetlands and imperiling the health of the Nation’s rivers and streams.”

"EPA is serious about enforcing regulations that protect the shared resources upon which we all rely," said Adam Ortiz, EPA Regional Administrator. "Wetlands play critical roles in our ecosystems and serve as buffers to climate change. Lawsuits like this are clear reminders that EPA and its federal and state partners will enforce the highest standards to ensure a sustainable future in which nature and communities can thrive together."

The United States filed suit in the U.S. District Court of the Eastern District of Virginia on November 13, 2023.  The lawsuit alleges that, beginning in 2018, the defendants discharged dredged or fill material into 21 acres of wetlands that abut and have a continuous surface connection to relatively permanent tributaries of the Chickahominy River and Pamunkey River, without obtaining federal permit coverage from the Army Corps of Engineers as required under the CWA.

EPA and the Virginia Department of Environmental Quality have worked cooperatively throughout the development of this matter to identify and address the violations at the site.  The agencies are committed to protecting aquatic resources and resolving violations in ways that address both federal and state concerns.

In the lawsuit, the United States seeks relief that would address the violations, including appropriate penalties, restoration of the impacted wetlands, and mitigation for any irreversible environmental impacts.

LENEXA, KAN. (NOV. 14, 2023) – Five Midwest home renovation companies have agreed to pay over $38,000 collectively in penalties to the U.S. Environmental Protection Agency (EPA) to resolve alleged violations of the federal Toxic Substances Control Act (TSCA).

EPA has found that the following companies failed to comply with regulations that reduce the hazards of lead-based paint exposure during renovations:

• Astoria Design Build LLC in Mission, Kansas
• CAM Home Contracting LLC in St. Louis, Missouri
• DRS Contracting LLC in Springfield, Missouri
• Davis Contracting LLC in Omaha, Nebraska
• Dynasty Restoration Inc. in Omaha, Nebraska

According to EPA, among other alleged violations, each of the companies performed renovations on properties built prior to 1978 without an EPA-certified renovator, as required by federal law.

“Certification is a key requirement to ensure the use of safe work practices when dealing with lead-based paint,” said David Cozad, director of EPA Region 7’s Enforcement and Compliance Assurance Division. “Reducing exposure to lead – especially among children and pregnant women and in communities already overburdened with pollution exposure – is a top priority for EPA.”

Lead-contaminated dust from disturbed lead-based paint in homes built prior to 1978 is one of the most common causes of elevated blood lead levels in children. Infants and children are especially vulnerable to lead-based paint exposure because their growing bodies absorb more lead than adults, and their brains and nervous systems are more sensitive to the damaging effects of lead. They can be exposed from multiple sources and may experience irreversible and lifelong health effects. Lead dust can be generated when lead-based paint is disturbed by renovation work such as window installation, demolishing painted surfaces such as walls or porches, and scraping and repainting of homes.

Companies and individuals that perform home renovations or hire subcontractors to perform renovations on pre-1978 housing are required to comply with regulations under EPA’s Lead Renovation, Repair, and Painting Program (RRP). The regulations include requirements to train employees in proper work practices, obtain certification from EPA prior to performing renovations, as well as compliance with lead safety practices, records retention, and notification to homeowners about the hazards of renovation-related lead exposure.

• Learn more about EPA’s Lead-Based Paint RRP Rule.
• Learn more about EPA’s Lead-Based Paint Disclosure Rule.
• Find a Lead-Safe Certified Firm.
• Apply for Lead-Safe Certification.
• Report Lead-Based Paint Complaints, Tips and Violations.

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NEW YORK  – The U.S. Environmental Protection Agency (EPA) has reached a settlement with Peerless Oil and Chemicals Inc for alleged violations of the Clean Air Act (CAA) at its Peñuelas, Puerto Rico facility. The settlement requires Peerless to inspect its gasoline storage tanks and monitor for potential emissions of hazardous air pollutants (HAPs) using an infrared camera for the next 12 months. In addition, Peerless must pay $287,756 in penalties.

“The settlement requires the company to regularly monitor for and stop the release of any major hazardous air pollutants, protecting communities near this facility,” said EPA Regional Administrator Lisa F. Garcia. “Residents will breathe cleaner air as a result of the upgrades and long-term monitoring that were done at this facility under this settlement.”

During inspections in 2018 and 2019, EPA found that Peerless had violated the CAA by not controlling HAPs from its petroleum storage and loading terminal in Peñuelas, Puerto Rico. EPA detected elevated levels of HAPs and other harmful gases called volatile organic compounds (VOCs) at the facility and identified problems with pollution control equipment for gasoline storage tanks such as faulty seals and seal gaps, and problems with the operation of the flare at the gasoline truck loading station.

In response to the EPA’s investigation, Peerless did extensive maintenance and repair work to upgrade its gasoline truck loading station flare and ensure compliance with emission control requirements for its internal floating roof and external floating roof gasoline storage tanks.

As part of the investigation, Peerless purchased a specialized infrared (IR) camera and a tablet capable of converting camera observations into parts per million (ppm) concentration values. The IR camera will be used as a screening tool to identify leaking components at storage tanks, enabling prompt corrective action and compliance with applicable regulations.

The settlement includes innovative approaches, such as requiring Peerless to conduct monthly tank inspections with the IR camera for a 12-month period, taking corrective action if any emissions are observed.

Peerless has developed a Standard Operating Procedure for operating the IR camera, a tank inspection checklist for camera operators, and has trained additional employees to use the IR camera.  Peerless agreed to pay a civil penalty and inspect its gasoline storage tanks monthly using an infrared (IR) camera to ensure compliance and prevent future emissions.

Follow EPA Region 2 on Twitter and visit our Facebook page. For more information about EPA Region 2, visit our website.

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LENEXA, KAN. (NOV. 13, 2023) – Lineage Logistics LLC, the largest cold storage company in the U.S., has agreed to pay a $172,591 civil penalty to resolve alleged violations of the federal Clean Air Act’s chemical risk prevention provisions at its facility in Altoona, Iowa.

According to the U.S. Environmental Protection Agency (EPA), the facility uses over 10,000 pounds of anhydrous ammonia, a regulated toxic substance, and failed to comply with regulations intended to protect the surrounding community from accidental releases.

EPA says the company failed to correctly document the worst-case scenario in its risk analysis, failed to comply with accidental release prevention requirements, and failed to document emergency response coordination with local authorities.

Anhydrous ammonia presents a significant health hazard because it is corrosive to the skin, eyes, and lungs. High levels of exposure may lead to choking and death. Fires or explosions may result if anhydrous ammonia is ignited.

“Compliance with chemical risk prevention regulations saves lives,” said David Cozad, director of EPA Region 7’s Enforcement and Compliance Assurance Division. “It is critical that companies that handle dangerous chemicals comply with the safety requirements of the Clean Air Act.”

EPA says that Lineage Logistics has taken the necessary steps to return the facility to compliance.

The Clean Air Act’s Risk Management Plan Rule regulations require facilities that use regulated toxic and/or flammable substances to develop a Risk Management Plan (RMP) that identifies the potential effects of a chemical accident, identifies steps a facility is taking to prevent an accident, and spells out emergency response procedures should an accident occur. These plans provide valuable information to local fire, police, and emergency response personnel to prepare for and respond to chemical emergencies in their community.

EPA has found that many regulated facilities are not adequately managing the risks they pose or ensuring the safety of their facilities in a way that is sufficient to protect surrounding communities. Approximately 150 catastrophic accidents occur per year at regulated facilities. These accidents result in fatalities, injuries, significant property damage, evacuations, sheltering in place, or environmental damage. Many more accidents with lesser effects also occur, demonstrating a clear risk posed by these facilities. Reducing risks from accidental releases of hazardous substances at industrial and chemical facilities is a top priority for EPA.

EPA identified Reducing Risks of Accidental Releases at Industrial and Chemical Facilities as a National Enforcement and Compliance Initiative for fiscal years 2024-2027.

• Learn more about EPA’s National Enforcement and Compliance Initiatives.
• Learn more about EPA’s Risk Management Plan Rule.

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HONOLULU (November 9, 2023) – Today, the U.S. Environmental Protection Agency (EPA) announced a settlement with the Kukuiolono Park Trust Estate to resolve claims of violations of the Safe Drinking Water Act related to illegal, pollution-causing cesspools. Under the settlement, the Kukuiolono Park Trust Estate has agreed to close three unlawful large capacity cesspools (LCCs) and pay a $58,000 penalty. Technically the settlement is being concluded with the Bank of Hawai‘i as the Trustee of the Kukuiolono Park Trust Estate, and not in its individual or corporate capacity.

“EPA is committed to identifying and closing all large capacity cesspools in Hawai‘i, as these are illegal under federal law and threaten public health as well as Hawai‘i's cherished water resources” said EPA Pacific Southwest Regional Administrator Martha Guzman. "This settlement represents continued progress toward cleaner groundwater, surface water, and beaches for Hawai‘i.”

Located on the Island of Kauai, the Kukuiolono Park Trust Estate operates the Kukuiolono Park and Golf Course Pavilion, Comfort Station, and the Kukuiolono Park Campground, and the Estate confirmed each property is served by a cesspool. EPA determined that the cesspools serving the Pavilion and Comfort Station fit the regulatory criteria of illegal LCCs because each cesspool had the capacity to serve 20 or more persons per day, while the cesspool serving the Campground fit the regulatory criteria of an unlawful LCC because it serves multiple dwellings.

Under the Safe Drinking Water Act’s Underground Injection Control program, the EPA required the closure of all LCCs by April 5, 2005. Since the Kukuiolono Park Trust Estate continued to own and operate the three LCCs past the closure deadline, the EPA reached a settlement agreement with the Bank of Hawaii, in its capacity as Trustee of the Kukuiolono Park Trust Estate, that includes a monetary penalty and a requirement to close the cesspools by December 31, 2024.

Cesspools in Hawaii

Cesspools are used throughout Hawai’i for the disposal of untreated sanitary waste. Unlike LCCs, most cesspools in Hawai’i serve only single-family homes and are not regulated by EPA. Cesspools collect and discharge waterborne pollutants like untreated raw sewage into the ground, where disease-causing pathogens and harmful chemicals can contaminate groundwater, streams and rivers, and the ocean, and harm human health. This is particularly a concern in Hawai‘i, as groundwater provides 95% of all drinking water in the state.

EPA is authorized to issue compliance orders and/or assess penalties to violators of the Safe Drinking Water Act’s large-capacity cesspool regulations. However, to encourage owners and operators to voluntarily discover, promptly disclose, and quickly close large-capacity cesspools, EPA is willing to forego enforcement actions and penalties under its Self-Disclosed Violations Policies.

The settlement with Bank of Hawai‘i, in its capacity as Trustee as the Kukuiolono Park Trust Estate, is subject to a 30-day comment period before becoming final. For more information and to submit comments, click here.

See a list of Hawai'i Cesspool Administrative Orders and information on how to self-disclose potential large-capacity cesspool violations.

Learn more about EPA’s work to close large capacity cesspools in Hawai’i and the Safe Drinking Water Act.

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