Environmental Law

Judge Rules Trump International 

Violated Illinois Environmental

Protection Act

Hotel and Tower Found Liable on All Counts

    CHICAGO - (SIERRA CLUB) – 9/12/24 - Cook County Circuit Court Judge Thaddeus L. Wilson ruled recently that the Trump International Hotel & Tower violated and is in violation of the Illinois Environmental Protection Act and committed a continuing public nuisance through a series of failures to comply with state and federal law dating back to 2008. The judge ruled that the evidence was uncontested that Trump Tower, operating as 401 N. Wabash, is liable on all remaining counts brought by Friends of the Chicago River, the Sierra Club Illinois Chapter, and the State of Illinois in this long-running litigation.

    Friends, the Sierra Club, and the Illinois Attorney General filed the lawsuit in 2018 after Friends and the Sierra Club discovered the Trump Tower cooling water intake permit violations during a routine permit review. The Trump Tower can draw in up to about 21 million gallons of water from the Chicago River every day to cool the building. Trump Tower ignored and violated federal and state laws and regulations that require buildings using systems like Trump Tower’s to be designed to minimize impacts on aquatic life, secure permits, operate with protective measures that minimize damage to fish and other aquatic organisms from water intake structures, and prevent harmful heat pollution from its discharges back to the river. A 2018 Chicago Tribune survey found no other cooling intake permits holders had similarly violated the applicable rules.

    The Trump Tower is one of the largest users of water from the Chicago River for cooling and failing to follow the permit requirements resulted in the death of thousands of fish and other aquatic organisms which were sucked into the building cooling system by the intake structure or trapped against its screens. The Trump Tower also failed to accurately compute and report the rate at which the skyscraper’s cooling system withdraws water by approximately 44 percent for more than 10 years. By ruling on the summary judgment, Judge Wilson found that the Trump Tower could not even genuinely dispute that it was in violation of the applicable laws and creating a public nuisance.

    “Judge Wilson’s decision brings us close to the end of a six-year journey to bring justice to the wildlife for whom these laws were designed to protect and the people who enjoy this wildlife,” said Margaret Frisbie, Friends of the Chicago River’s executive director. “The Trump Tower’s complete disregard for the rules carelessly killed countless creatures and degraded the value of the significant public investments over decades to bring about the healthy transformation of the river for people, fish, and other aquatic wildlife.”

     Friends of the Chicago River and Sierra Club Illinois Chapter are represented in this action by Albert Ettinger; the Abrams Environmental Law Clinic at the University of Chicago Law School; and the Environmental Advocacy Center at the Northwestern Pritzker School of Law. Rob Weinstock of the Northwestern Pritzker School of Law argued the case for Friends of the Chicago River and Sierra Club.

    “The recovery of the Chicago River into the healthy heart of our downtown is a major accomplishment for the people of Chicago and the Clean Water Act,” Sierra Club Illinois Director Jack Darin said. 

    Friends of the Chicago River was founded in 1979 to protect and restore the Chicago-Calumet River system for all people, water, and wildlife. Supported by 43,000 members, volunteers, and online activists and recognized by more than 50 awards in 45 years, Friends of the Chicago River is at the forefront of the river’s recovery and renaissance and is the only organization exclusively dedicated to the river and its watershed. For more information, vision chicagoriver.org

    “Trump Tower openly violated the Clean Water Act for years, putting the river and the wildlife that call it home at risk. We’re proud to hold these scofflaws accountable, and applaud our pro bono attorneys and the Attorney General for stepping up to protect our river and its recovery. Friends and Sierra Club look forward to further proceedings that will determine how best to restore and protect the Chicago River and uphold the Clean Water Act and the Illinois Environmental Protection Act,” Frisbie said.

  

About the Sierra Club

The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.

EWG Questions White House, EPA Over Decision

   WASHINGTON, D.C. – 11/26/2013 - The Environmental Working Group has submitted Freedom of Information Act requests to the White House to learn whether industry improperly influenced the government’s decision to drop two proposals to strengthen public health protections from toxic chemicals. The Environmental Protection Agency withdrew the proposals in September after they had been bottled up at the White House Office of Management and Budget for more than a year.
   “Once again red tape appears to have choked EPA efforts to enhance environmental and human health protections, forcing EPA to go back to the drawing board,” EWG’s General Counsel Thomas Cluderay said.
   Under the leadership of former EPA Administrator Lisa P. Jackson, the agency had launched two initiatives to protect the public from toxic chemical exposures, relying on its limited authority under the weak federal law known as the Toxic Substances Control Act. In 2010, EPA proposed a regulation to establish a short list of chemicals thought to pose a risk to public health. Then in 2011, the agency set out to require chemical companies to disclose more information about their products.
   As required by law, EPA submitted the proposals to OMB’s Office of Information and Regulatory Affairs, the White House’s powerful gatekeeper that oversees rulemaking by federal agencies. The proposed rules never cleared OMB, and on Sept. 6, EPA surprised the public interest groups by abandoning the effort. Officials said the rules had been made unnecessary by other steps EPA had taken and that requiring companies reveal the identity of chemicals in health and safety studies submitted to the agency would cause industry to stop providing its studies.
   The public had no opportunity to weigh in on either initiative because they were never published for public comment, but White House records show that OMB met with a host of special interests to discuss the rules, particularly representatives of the chemical industry.
   “The public deserves to know what hand the chemical industry had in pressuring OMB to hold up, and EPA to fold on, these efforts to protect public health,” Cluderay said. “EWG will use the requested records to answer that very question.”
   EPA’s backpedaling is particularly relevant to the ongoing debate over reforming the Toxic Substances Control Act. The chemical industry is backing the proposed Chemical Safety Improvement Act of 2013, a deeply flawed bill that, among other defects, would expand companies’ ability to keep information about chemicals confidential.
   Source: Environmental Working Group

Web Tool Expands Access to Info on Chemicals

(EPA) - 9/19/2013 - The U.S. Environmental Protection Agency (EPA) has launched a web-based tool, called ChemView, to significantly improve access to chemical specific regulatory information developed by EPA and data submitted under the Toxic Substances Control Act (TSCA).

   “This online tool will improve access to chemical health and safety information, increase public dialogue and awareness, and help viewers choose safer ingredients used in everyday products,” said James Jones, assistant administrator for the Office of Chemical Safety and Pollution Prevention. “The tool will make chemical information more readily available for chemical decision-makers and consumers.” 

   The ChemView web tool displays key health and safety data in an online format that allows comparison of chemicals by use and by health or environmental effects. The search tool combines available TSCA information and provides streamlined access to EPA assessments, hazard characterizations, and information on safer chemical ingredients. Additionally, the new web tool allows searches by chemical name or Chemical Abstracts Service (CAS) number, use, hazard effect, or regulatory action. 

   It has the flexibility to create tailored views of the information on individual chemicals or compare multiple chemicals sorted by use, hazard effect or other criteria. The new portal will also link to information on manufacturing, processing, use, and release data reported under the Chemical Data Reporting Rule, and the Toxics Release Inventory. In the months ahead, EPA will be continuously adding additional chemicals, functionality and links. 

   When fully updated, the web tool will contain data for thousands of chemicals. EPA has incorporated stakeholder input into the design, and welcomes feedback on the current site. By increasing health and safety information, as well as identifying safer chemical ingredients, manufacturers and retailers will have the information to better differentiate their products by using safer ingredients. 

   In 2010, EPA began a concerted effort to increase the availability of information on chemicals as part of a commitment to strengthen the existing chemicals program and improve access and usefulness of chemical data and information.
   This included improving access to the TSCA inventory, issuing new policies for the review of confidential business information claims for health and safety studies, and launching the Chemical Data Access Tool.  

   The recent launch of the ChemView provides the public with a single access point for information that has been generated on certain chemicals regulated under TSCA. View and search ChemView at:  http://www.epa.gov/chemview

Source: U.S. EPA

U.S., Mexico Sign Agreement on Environment

   WASHINGTON – 8/10/2012 - U.S. Environmental Protection Agency (EPA) Administrator Lisa P. Jackson joined Mexico’s Secretary for the Environment and Natural Resources Juan Elvira Quesada recently to sign the Border 2020 U.S.-Mexico Environmental program agreement.
The signing was witnessed by a number of leaders including the U.S. Ambassador to Mexico E. Anthony Wayne, Vice Chairman of the Tohono O’odham Nation Wavalene Romero, California Secretary for Environmental Protection Matthew Rodriquez, Baja California Governor José Guadalupe Osuna Millán and Tijuana Mayor Carlos Bustamante Anchondo. The Border 2020 agreement, developed with significant stakeholder input, will work to address high priority environmental and public health problems in the 2,000 mile border region. It follows the Border 2012 environmental agreement which ends this year.
    "Addressing the environmental issues along the border has long been a priority we share with our colleagues in Mexico, because we know that environmental degradation, pollution, and the diseases they trigger don’t stop at the national boundaries,” said EPA Administrator Lisa P. Jackson. “Thanks to help from our partners in government, industry, academia and local communities, the Border 2020 agreement will build upon the significant progress already made, and families on both sides of the border will continue to benefit from cleaner, healthier communities for decades to come.”
    The Border 2020 program works to reduce pollution in water, air, and on land, reduce exposure to chemicals from accidental releases or terrorism, and improve environmental stewardship. It is the latest environmental program implemented under the 1983 U.S.-Mexico La Paz Agreement. It builds on the Border 2012 program and encourages meaningful participation from communities and local stakeholders through regional task forces.
    Over the next eight years, the Border 2020 Environmental program will work towards significant improvements that will focus on five key areas:

• Reducing air pollution in bi-national air sheds by promoting vehicle inspection programs and road paving, and encouraging anti-idling technologies such as diesel truck electrification at ports-of-entry.
• Improving access to clean and safe water as well as improving water quality in the bi-national watersheds.
• Promoting materials and waste management, and addressing contaminated sites as well as management practices for addressing electronics, lead acid batteries, tires, and trash.
• Enhancing joint preparedness for environmental and emergency response.
• Enhancing compliance assurance and environmental stewardship.

    The new Border 2020 program also strengthens its focus in regional areas where environmental improvements are needed most: establishing realistic and concrete goals, supporting the implementation of projects, considering new fundamental strategies, and encouraging the achievement of more ambitious environmental and public health goals.
    Border 2012, which concludes this year, resulted in numerous achievements, including connecting households to drinking water and wastewater services benefitting more than 8.5 million border residents. In addition, the program helped remove more than 12 million scrap tires from dump sites border wide and more than 75.5 metric tons of obsolete pesticides from rural areas in California, Sonora, and Tamaulipas.
    As the home to over 14 million people and one of the busiest cross-border trade regions in the world, protecting human health and the environment in the border region is essential to ensuring that the U.S. continues to be safe, healthy and economically productive. The Border 2020 U.S.-Mexico Environmental program will protect the environment and public health for 10 states on both sides of the 2,000-mile border, including 26 U.S. tribes and seven groups of Mexican indigenous people.
    Reference: http://www.epa.gov/usmexicoborder/

Homebuilder to Pay Civic Penalty of $741,000

   WASHINGTON –  6/20/2012 - The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that Toll Brothers Inc., one of the nation’s largest homebuilders, will pay a civil penalty of $741,000 to resolve alleged Clean Water Act violations at its construction sites, including sites located in the Chesapeake Bay Watershed. Toll Brothers will also invest in a company-wide stormwater compliance program to improve employee training and increase management oversight at all current and future residential construction sites across the nation. The company is required to inspect its current and future construction sites routinely to minimize stormwater runoff from sites. Polluted stormwater runoff and sediment from construction sites can flow directly into the nearest waterway, affecting drinking water quality and damaging valuable aquatic habitats.
   “Keeping contaminated stormwater runoff out of the nation’s waterways, like the Chesapeake Bay, is one of EPA’s top priorities,” Assistant Administrator for EPA’s Office of Enforcement and Compliance and Assurance Cynthia Giles said. “Today’s settlement will improve oversight of stormwater runoff at construction sites across the country and protect America’s waters.”
   “This settlement will help protect the nation’s waters from the harmful pollutants contained in stormwater runoff from construction sites,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. “The settlement requires Toll Brothers to implement system-wide management controls and training that will help prevent polluted stormwater runoff from contaminating rivers, lakes and sources of drinking water.”
   EPA estimates the settlement will prevent millions of pounds of sediment from entering U.S. waterways every year, including sediment that would otherwise enter the Chesapeake Bay, North America’s largest and most biologically diverse estuary. The bay and its tidal tributaries are threatened by pollution from a variety of sources and are overburdened with nitrogen, phosphorus and sediment that can be carried by stormwater.
   The complaint, filed simultaneously with the settlement agreement, alleges over 600 stormwater violations that were discovered through site inspections and by reviewing documentation submitted by Toll Brothers. The majority of the alleged violations involve Toll Brothers’ repeated failures to comply with permit requirements at its construction sites, including requirements to install and maintain adequate stormwater pollution controls.
   The Clean Water Act requires permits for the discharge of stormwater runoff. In general, Toll Brothers’ permits require that construction sites have controls in place to prevent pollution from being discharged with stormwater into nearby waterways. These controls include common-sense safeguards such as silt fences, phased site grading and sediment basins to prevent construction contaminants from entering the nation’s waterways.
   The settlement requires Toll Brothers to obtain all required permits, develop site-specific pollution prevention plans for each construction site, conduct additional site inspections beyond those required by stormwater regulations, and document and promptly correct any problems. The company must properly train construction managers and contractors on stormwater requirements and designate trained staff for each site. Toll Brothers must also submit national compliance summary reports to EPA based on management oversight inspections and reviews.
   This settlement is the latest in a series of enforcement actions to address stormwater violations from residential construction sites around the country. Construction projects have a high potential for environmental harm because they disturb large areas of land and significantly increase the potential for erosion, and stormwater runoff from sites can pick up other pollutants, including concrete washout, paint, used oil, solvents and trash.
   The state of Maryland and the commonwealth of Virginia have joined the settlement and will receive a portion of the $741,000 penalty. The settlement includes Toll Brothers sites in Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Nevada, Ohio, Pennsylvania, Rhode Island, South Carolina, Texas, Virginia and West Virginia.
   The consent decree, lodged in the U.S. District Court for the Eastern District of Pennsylvania, is subject to a 30-day public comment period and approval by the federal court.
   More information about this settlement: http://www.epa.gov/compliance/resources/cases/civil/cwa/tollbrothers.html
   More information about EPA’s stormwater enforcement:http://www.epa.gov/oecaerth/data/planning/priorities/cwastorm.html

Companies to Pay Millions for Pipeline Spills

   Kansas City, Kan. - (EPA) - 6/8/2012 - Mid-America Pipeline Company, LLC (MAPCO), and Enterprise Products Operating LLC (Enterprise), of Houston, Texas, have agreed to pay a civil penalty of more than $1 million to the United States to settle violations of the federal Clean Water Act related to three natural gasoline pipeline spills in Iowa, Kansas and Nebraska.
    As part of a consent decree lodged on May 29 in U.S. District Court in Omaha, Neb., and in addition to paying the $1,042,000 civil penalty, the companies have agreed to undertake various measures aimed at reducing external threats to their pipeline, enhance their reporting of spills, and spend at least $200,000 to identify and prevent external threats to the pipeline involved in the spills.
    MAPCO owns and Enterprise operates the 2,769-mile West Red Pipeline, which transports mixed natural gasoline products between Conway, Kan., and Pine Bend, Minn. The settlement resolves Clean Water Act violations related to three spills that occurred along the pipeline:
    A March 29, 2007, rupture near Yutan, Neb., which caused the discharge of approximately 1,669 barrels of natural gasoline directly into an unnamed ditch and Otoe Creek.
   An April 23, 2010, rupture near Niles, Kan., which caused the discharge of approximately 1,760 barrels of natural gasoline directly into an unnamed ditch, Cole Creek, Buckeye Creek and the Solomon River.
An August 13, 2011, rupture near Onawa, Iowa, which caused the discharge of approximately 818 barrels of natural gasoline directly into the Missouri River. “More than 20,000 miles of pipeline, carrying oil and petroleum products, cross the states of Iowa, Kansas, Missouri and Nebraska in EPA’s Region 7,” EPA Regional Administrator Karl Brooks said. “A frequent cause of pipeline breaks is the action of third parties during farming and excavation. This settlement requires the defendants to honor a schedule of pipeline inspections on the ground and from the air, and reach out to local agencies, contractors and excavators to make sure they are more fully aware of pipeline locations and depths.”
    “This settlement requires proactive vigilance to ensure that our soil and waterways are protected from contaminants,” said Deborah R. Gilg, U.S. Attorney for the District of Nebraska. “The agreement will result in safer pipeline operations and that will be good for Nebraska’s environment.”
    In addition to the proactive inspections and outreach efforts, the settlement also requires MAPCO and Enterprise to spend $200,000 to relocate, cover, lower or replace pipeline segments; install new remote shutoff valves; install new physical protections such as fences or concrete barriers; and install other new equipment, structures or systems to prevent spills from reaching navigable waters.
    The consent decree is subject to a 30-day public comment period and court approval.

EPA Publishes U.S. Greenhouse Gas Inventory

   WASHINGTON - (EPA) - 4/16/2012 - The U.S. Environmental Protection Agency (EPA) has released the 17th annual U.S. greenhouse gas inventory. The final report shows overall emissions in 2010 increased by 3.2 percent from the previous year. The trend is attributed to an increase in energy consumption across all economic sectors, due to increasing energy demand associated with an expanding economy, and increased demand for electricity for air conditioning due to warmer summer weather during 2010.
    Total emissions of the six main greenhouse gases in 2010 were equivalent to 6,822 million metric tons of carbon dioxide. These gases include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. The report indicates that overall emissions have grown by over 10 percent from 1990 to 2010.
    The Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2010 is the latest annual report that the United States has submitted to the Secretariat of the United Nations Framework Convention on Climate Change, which sets an overall framework for intergovernmental efforts to tackle the challenge posed by climate change.
   EPA prepares the annual report in collaboration with experts from multiple federal agencies and after gathering comments from stakeholders across the country.
    The inventory tracks annual greenhouse gas emissions at the national level and presents historical emissions from 1990 to 2010. The inventory also calculates carbon dioxide emissions that are removed from the atmosphere by “sinks,” e.g., through the uptake of carbon by forests, vegetation and soils.
   Source: EPA

EPA Issues 2011 Fuel Economy Trends Report

   WASHINGTON (EPA) - 3/15/2012 - The average fuel efficiency for new cars and light duty trucks has increased while the average carbon dioxide (CO2) emissions continue to decrease for the seventh consecutive year, according to the U.S. Environmental Protection Agency’s annual report, “Light-Duty Automotive Technology, Carbon Dioxide Emissions, and Fuel Economy Trends: 1975 Through 2011.”
    “Today’s report shows that we are making significant strides toward saving families money at the pump, reducing greenhouse gas emissions and cleaning up the air we breathe,” said Gina McCarthy, Assistant Administrator for EPA’s Office of Air and Radiation. “The historic steps taken by the Obama administration to improve fuel economy and reduce our dependence on foreign oil is accelerating this progress, will spur economic growth and create high-quality domestic jobs in cutting edge industries across America.”
    For 2010, the last year for which EPA has final data from automakers, the average real world CO2 emissions from new vehicles were 394 grams per mile and the average fuel economy value was 22.6 miles per gallon (mpg). EPA projects an improvement in 2011, based on pre-model year sales estimates provided to EPA by automakers, to 391 grams of CO2 per mile and 22.8 mpg.
    Fuel economy will continue to improve significantly as part of the Obama administration’s historic standards that will reduce greenhouse gas emissions and increase fuel economy to 54.5 miles per gallon by 2025. The U.S. Department of Transportation and EPA are implementing the first phase of these standards which already improved fuel economy in 2010 and will raise fuel efficiency to 35.5 mpg by 2016. These standards will save American families $1.7 trillion dollars in fuel costs, and by 2025 result in an average fuel savings of over $8,000 per vehicle. Additionally, these programs will dramatically cut the oil we consume, saving a total of 12 billion barrels of oil, and by 2025 reduce oil consumption by 2.2 million barrels a day – as much as half of the oil we import from OPEC every day.
    The report also details the growth of more efficient technologies, such as six-speed transmissions, advanced fuel injection, and turbochargers that are making significant inroads into the mainstream market. EPA expects these and other new technologies to become even more popular in the next few years as automakers prepare to meet and fuel economy standards that will further drive up fuel efficiency and reduce emissions.
    The CO2 emissions and fuel economy values above reflect EPA’s best estimates of real world CO2 emissions and fuel economy performance. They are consistent with the fuel economy estimates that EPA provides on new vehicle window stickers and in the Fuel Economy Guide. These real world fuel economy values are about 20 percent lower, on average, than those used for compliance with the corporate average fuel economy (CAFE) program.
    The new report can be found at: http://www.epa.gov/otaq/fetrends.htm

Decision on BPA Food Packaging Expected Soon

   Washington, D.C. - (EWG) - 3/11/2012 - The federal Food and Drug Administration, faced with a series of legal actions from environmental groups, is poised to decide whether to move toward barring the toxic chemical bisphenol-A from food packaging.
   The agency’s decision is expected by March 31.
   Five years have passed since Environmental Working Group’s groundbreaking 2007 study showed that BPA leached from epoxy linings of cans into surrounding food and drink. EWG’s tests showed the highest concentrations of the chemical, a synthetic estrogen, in canned soup, pasta and infant formula.
   “FDA is the only agency with the power to protect consumers from being exposed to BPA from the food they eat,” said Sonya Lunder, Senior Research Analyst for Environmental Working Group. “Let’s hope the agency’s upcoming decision will keep the public’s health at the forefront.”
   A second EWG study in 2007 showed that 1 in 16 formula-fed infants were being exposed to levels of BPA toxic to animals in research studies.
   Because BPA has been shown to disrupt the hormone system, EWG has repeatedly called on FDA to order it removed from food and beverage packaging, starting with infant formula.
   FDA decision comes as Campbell’s Soup has announced its intention to seek a safer substitute for BPA-laden epoxy in the linings of its cans.
   “If one of the world’s largest food suppliers and users of BPA in its packaging feels it should move away from using it, maybe the federal health agency charged with protecting people from contaminated food will follow suit,” Lunder said.
   The prevalence of BPA in the environment and in people was underscored by 2009 tests commissioned by EWG and Rachel's Network that detected BPA for the first time in the umbilical cord blood of 9 of 10 American newborns.

   Source: EWG release of 3/9/2012

EPA Proposes $16.4 Million Plan to Clean Up Site

  (EPA) - New York, N.Y. - 3/2/2012 - The U.S. Environmental Protection Agency has proposed a plan to clean up contaminated sediment, soil and debris in streams and in an area near lagoons in which industrial wastewater was stored at the Universal Oil Products Superfund site in East Rutherford, New Jersey. The proposed cleanup plan will eliminate the threat of contaminants spreading off the site through the streams that carry water into Berry’s Creek, located on the eastern border of the site. The EPA is simultaneously overseeing a comprehensive study of the site to determine what other measures may be necessary to address the contamination.
   The EPA is encouraging the public to comment on the plan through March 30, 2012 and will hold a public meeting on March 6, 2012 at 6:30 p.m. at the East Rutherford Memorial Library, 143 Boiling Springs Avenue, East Rutherford, New Jersey. The plan is available at the library and on line at http://www.epa.gov/region2/superfund/npl/universaloil/.
   "This is a heavily contaminated site which includes mercury, PCBs and other pollutants that could potentially spread off the site by streams. EPA is taking action to protect public health and, the environment and wildlife. This is a complex, toxic site. I urge the public to become informed and involved in this important issue," EPA Regional Administrator Judith A. Enck said.
   Volatile organic compounds, semi-volatile organic compounds, polychlorinated biphenyls and metals from the former chemical laboratory and recovery facility have contaminated soil, ground water, sediment and surface water. Mercury, PCBs and other chemicals impact Berry’s Creek as they move to and from the site through the tidal action of the creek. Fish and crabs in Berry's Creek and adjacent water bodies are contaminated with chemicals at levels that exceed U.S. Food and Drug Administration guidelines for human consumption.
   PCBs can cause cancer in humans, as well as a variety of other adverse health effects on the immune, reproductive, nervous and endocrine systems. Mercury exposure at high levels can harm the brain, heart, kidneys, lungs and immune system of people of all ages. Birds and mammals that eat fish are also affected by mercury and PCBs in contaminated water and sediment, and can be harmful to the health of people who eat them.
   Beginning in 1932, Trubeck Laboratories operated an aroma chemicals laboratory and later a solvent recovery operation at the site. Universal Oil Products acquired the property and facilities in 1960. Operations at the facility ended in 1979 and the buildings were demolished in 1980. In 1999, Honeywell acquired the site through a merger.
   The Universal Oil Products site is approximately 74 acres, which are divided into uplands and stream areas. The uplands, located in the northwest corner of the site, are man-made lands and municipal trash placed there years ago on top of native soils and peat. Cleanup work there has been completed, including the excavation of contaminated soil. Honeywell is currently conducting a long-term study of the nature and extent of contamination in and around streams under a legal agreement with the EPA. Sampling has shown that contamination in the vicinity of lagoons where wastewater was once stored is substantially higher than the rest of the site and that contamination has the potential to move into other areas.
   Under the proposed cleanup plan about 27,000 cubic yards of contaminated sediment, soil and debris from the area in and around the previous wastewater lagoon and adjacent stream channels will be excavated, dewatered and taken off site for disposal. A tide gate will be installed at Murray Hill Parkway and water will be taken out of the lagoon and channels to allow for dry excavation down to the natural clay layer that is present throughout most of the site. Soil will be added to provide cover and allow vegetation to grow to provide habitat for wildlife. The estimated cost of this proposed cleanup is $16.4 million. Honeywell has agreed to pay for and perform the cleanup work.
   A document, called an Engineering Evaluation/Cost Analysis, which evaluates the various cleanup options considered in developing the proposed cleanup plan is available at the East Rutherford Memorial Library and on the websitehttp://www.epa.gov/region2/superfund/npl/universaloil/. The EPA encourages the public to submit comments to the EPA. The EPA is accepting public comment on the proposed cleanup until March 30, 2012. Written comments may be mailed or emailed to: Doug Tomchuk, Remedial Project Manager, U.S. Environmental Protection Agency, 290 Broadway, 19th Floor, New York, New York 10007-1866; Email: tomchuk.doug@epa.gov

New ethanol blend could damage some vehicles

   (EWG) - 2/19/2012 - The Environmental Protection Agency’s decision on February 17 to pave the way for the sale of gasoline blended with up to 15 percent ethanol is likely to prove a nightmare for car owners who improperly fuel their gas tanks.
   Every major automaker has warned that millions of vehicle warranties will be voided if drivers fill up with E15. That means consumers will pull into gas stations that could have as many as four pumps with different kinds of fuel: one for E10 (up to 10 percent ethanol); one for E15; possibly one for E85 (between 70 and 85 percent ethanol); and maybe one for old-fashioned gasoline. The EPA intends to approve E15 only for vehicles manufactured after 2000. But some gas station pumps may not even have labels specifying which ethanol blend is which, because not every state requires them.
   "It is going to be extremely confusing and dangerous for consumers," said Sheila Karpf, a legislative analyst at the Environmental Working Group. "If they make a mistake and put E15 into an older car or small engine, there's a good chance they'll ruin their engine and the manufacturer's warranty won't cover the damage."
   To advance consumer safety, EWG analysts have created an Ethanol Blends Guide and Fact Sheet to help drivers choose the right fuel for their vehicles. The analysis provides more information about the new E15 label requirements.
   Ethanol is more corrosive and burns hotter than gasoline, properties that could cause some engines to stall, misfire and overheat. Fuel with higher ethanol blends emits more nitrous oxide and formaldehyde than gasoline, lowers mileage and damages fuel tanks and pumps.
   "Instead of approving a fuel that will pose health and safety hazards and damage engines, the U.S. should invest in energy efficiency measures and research and development for truly sustainable biofuels," said Karpf. "The high cost of replacing or repairing engines will be tacked onto corn ethanol's other costs -- including higher food prices, increased soil erosion and polluted water supplies."
   To be safe, EWG recommends that consumers stick with E10 or regular unleaded gasoline if they can find it. If gas pumps are not labeled, consumers should ask a service station employee for more information about the fuel and the amount of ethanol it contains. Consumers should check with their engine manufacturers or mechanics to find out if their cars or small engines can safely run on E15 or other ethanol blends.
   Source: Environmental Working Group

EPA: Dry Cleaning Chemical is Likely Carcinogen

   Washington, D.C. – 2/10/2012 - The federal Environmental Protection Agency has declared tetrachloroethylene, or PERC, a chemical used by many dry cleaners, a “likely human carcinogen.”
   "The evidence against this ubiquitous dry cleaning chemical piled up for years, like dirty laundry in the corner of the room," said David Andrews, Ph.D., a senior scientist with Environmental Working Group. "It’s encouraging that EPA is completing this assessment so that health measures can be taken to protect workers and the public."
   The EPA’s decision is based on the 2010 recommendation of the National Research Council, an independent scientific body that advises the federal government.
   Tetrachloroethylene is a chlorinated solvent long used in dry cleaning, industrial cleaning and production of other chemicals and consumer products. Biomonitoring surveys have detected it in the bodies of a significant number of Americans. It has also been found in drinking water across the country including at Marine Corps Base Camp Lejeune and at EPA Superfund hazardous waste sites.
   Once in the environment, the chemical breaks down into other known human carcinogens, including trichloroethylene (TCE) and vinyl chloride.
   Consumers should take their dry cleaning to businesses that do not use tetrachloroethylene. The substance can remain on clothes and evaporate into the air at home, unnecessarily exposing the residents.
   EWG’s Tap Water Database can be searched to identify local tap water where tetrachloroethylene has been found.

  Source: Environmental Working Group.

EPA To Provide Millions to Clean Up Beaches

   WASHINGTON – 1/31/2012 - The U.S. Environmental Protection Agency (EPA) announced on Jan. 31 that it will provide $9.8 million in grants to 38 states, territories and tribes to help protect the health of swimmers at America’s beaches. The agency also launched an improved website for beach advisories and closings, which will allow the public to more quickly and easily access the most current water quality and pollution testing information for more than 6,000 U.S. beaches.
   The website, called BEACON, has the capability to update as frequently as every two hours based on new data provided by states, territories and tribes. Users will have access to mapped location data for beaches and water monitoring stations, monitoring results for various pollutants such as bacteria and algae, and data on public notification of beach water quality advisories and closures. For the first time, users can also access reports that combine notifications and water quality monitoring data. The enhanced system also uses enhanced map navigation and report display tools.
    The majority of beach advisories and closures in the United States are due to water test results indicating bacterial contamination, which can make people sick. Bacterial contamination comes from a variety of sources. Some examples are sewer overflows, untreated stormwater runoff, boating wastes, wildlife and pet waste, and malfunctioning septic systems.
   During each swimming season, state and local health and environmental protection agencies monitor the quality of water at the nation’s beaches. When bacteria levels in the water are too high, these agencies notify the public by posting beach warnings or closing the beach.
   The grants will help local authorities monitor beach water quality and notify the public of conditions that may be unsafe for swimming. This is the 12th year that EPA is providing beach grant funds, bringing the total amount EPA has made available to nearly $111 million.
As a result, the number of monitored beaches has more than tripled to more than 3,600 in 2010. Grant applications must be received within 60 days of publication of EPA’s notice in the Federal Register. EPA expects to award the grants later this year.
   View EPA’s enhanced beach advisory and closing information: http://watersgeo.epa.gov/BEACON2/
   More information on the grants: http://water.epa.gov/grants_funding/beachgrants/index.cfm

   Source: U.S. Environmental Protection Agency release

EPA Moves to Limit Mercury Emissions in U.S.

   WASHINGTON, D.C. – 12/24/2011 - The federal Environmental Protection Agency continued on December 11 its effort to reduce Americans’ exposure to hazardous chemicals, announcing a long-awaited new standard to reduce the amount of mercury emissions allowed from power plants in the United States.
   “Many power plants could have taken simple steps years ago to reduce mercury emissions into the environment, and with this new rule those that haven’t yet will finally be required to act,” Environmental Working Group Senior Research Analyst Sonya Lunder said. “A number of plants in the U.S. have already installed the necessary equipment to decrease the emissions of this potent neurotoxin, but many have dragged their feet while millions of people, including children have been exposed. This common-sense standard will result in incredible cost savings as measured in less illness, fewer sick days and fewer air pollution related deaths.”
   Mercury is one of the most toxic substances commonly found in the environment and people, causing permanent damage to the brain and nervous system. Much of the mercury found in the environment comes as a result of coal-fired power plant emissions, where it finds its way into the food chain and our bodies. One in six American women have mercury exposures high enough to adversely impact the developing brain and nervous system of the fetus during pregnancy.
   “This new emissions rule has been in the works for more than a decade, only to be stalled by political shenanigans,“ Lunder said. “Administrator Jackson and the president deserve credit for this major victory for children’s health.”
  In 1997 the Environmental Working Group’s analysis, “Contamination of America's Food,” concluded that fish from more than 1,660 U.S. waterways were so contaminated with mercury that they should be eaten sparingly if at all. In 2004, EWG found mercury in all 10 umbilical cord blood samples it had tested for hundreds of industrial pollutants. A similar EWG-funded study conducted five years later found that all 10 samples of cord blood of minority babies had mercury present as well.
   Source: Environmental Working Group release of 12/21/2011

Lafarge North America Inc. to Pay $740,000 Penalty

   WASHINGTON - 12/4/2011 - Lafarge North America Inc., one of the largest suppliers of construction materials in the United States and Canada, and four of its U.S. subsidiaries have agreed to resolve alleged Clean Water Act violations. The violations include unpermitted discharges of stormwater at 21 stone, gravel, sand, asphalt and ready-mix concrete facilities in Alabama, Colorado, Georgia, Maryland, and New York. Stormwater flowing over concrete manufacturing facilities can carry debris, sediment and pollutants, including pesticides, petroleum products, chemicals and solvents, which can have a significant impact on water quality.
   “The EPA is committed to protecting America’s waters from polluted stormwater runoff,” said Cynthia Giles, EPA assistant administrator for the Office of Enforcement and Compliance Assurance. “Today’s (Nov. 29) settlement will improve stormwater management at facilities across the nation, preventing harmful pollutants from being swept into local waterways.”
   “Owners and operators of industrial facilities must take the necessary measures to comply with stormwater regulations under the Clean Water Act, which protects America’s rivers, lakes, and sources of drinking water from harmful contamination,” said Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “The system-wide management controls and training that this settlement requires from Lafarge and its subsidiaries will result in better management practices and a robust compliance program at hundreds of facilities throughout the nation that will prevent harmful stormwater runoff.”
   Lafarge will implement a nationwide evaluation and compliance program at 189 of its similar facilities in the United States to ensure they meet Clean Water Act requirements. Lafarge will also pay a penalty of $740,000 and implement two supplemental environmental projects, in which the company will complete conservation easements to protect approximately 166 acres in Maryland and Colorado. The value of the land has been appraised at approximately $2,95 million. Lafarge will also implement one state environmentally beneficial project valued at $10,000 to support environmental training for state inspectors.
   The comprehensive evaluation will include a compliance review of each facility’s permit, an inventory of all discharges to U.S. waters, and identification of all best management practices in place. In addition, Lafarge must identify an environmental vice president, responsible for coordinating oversight of compliance with stormwater requirements, at least two environmental directors, to oversee stormwater compliance at each operation, and an onsite operations manager at each facility. The U.S. estimates that Lafarge will spend approximately $8 million over five years to develop and maintain this compliance program.
   The company will also develop and implement an extensive management, training, inspections, and reporting system to increase oversight of its operations and compliance with stormwater requirements at all facilities that it owns or operates.
   The complaint, filed in federal court with the settlement, alleges a pattern of violations since 2006 that were discovered after several federal inspections at the company’s facilities. The alleged violations included unpermitted discharges, violations of effluent limitations, inadequate management practices, inadequate or missing records and practices regarding stormwater compliance and monitoring, inadequate discharge monitoring and reporting, inadequate stormwater pollution prevention plans, and inadequate stormwater training.
   The Clean Water Act requires that industrial facilities, such as ready-mix concrete plants, sand and gravel facilities and asphalt batching plants, have controls in place to prevent pollution from being discharged with stormwater into nearby waterways. Each site must have a stormwater pollution prevention plan that sets guidelines and best management practices that the company will follow to prevent runoff from being contaminated by pollutants.
   Since being notified of the violations by EPA, the company has made significant improvements to its stormwater management systems.
   The settlement is the latest in a series of federal enforcement actions to address stormwater violations from industrial facilities and construction sites around the country. The states of Maryland and Colorado are co-plaintiffs and have joined the proposed settlement.
   Lafarge is required to pay the penalty within 30 days of the court’s approval of the settlement.
   Source: U.S. EPA release. For additional information about this case, see Settlement.

Oil Company Pleads Guilty To Multiple Violations

   WASHINGTON - 10/16/2011 - Pelican Refining Company LLC, pleaded guilty Oct. 12 to felony violations of the Clean Air Act and to obstruction of justice charges in federal court in Lafayette, La.
   Charges were by announced Stephanie A. Finley, U.S. attorney for the Western District of Louisiana and Ignacia S. Moreno, assistant attorney General of the Environment and Natural Resources Division of the Department of Justice, and Cynthia Giles, assistant administrator for the U.S. Environmental Protection Agency’s Office of Enforcement and Compliance Assurance.
   “Facilities that operate in our backyards have a responsibility to follow our nation's environmental laws, like the Clean Air Act, which is designed to protect the air we breathe and the local environment,”  Giles said. “Today’s guilty plea shows that businesses that choose to ignore these critical safeguards and put their employees and the public at risk will face serious consequences.”
   If the court sentences according to the terms in the plea agreement, Pelican will pay $12 million in criminal penalties, including $2 million in community service payments that will go toward various environmental projects in Louisiana, including air pollution monitoring. It would mark the largest ever criminal fine in Louisiana for violations of the Clean Air Act. Pelican would also be banned from future refinery operations unless and until it implements an environmental compliance plan, which includes external auditing by independent firms and oversight by a court appointed monitor.
   In pleading guilty, officials of Pelican, headquartered in Houston and operating a refinery in Lake Charles, La., admitted that the company had violated numerous aspects of its permit to operate. The violations were discovered during a March 2006 inspection by the Louisiana Department of Environmental Quality (LDEQ) and the Environmental Protection Agency (EPA), which identified numerous unsafe operating conditions. Pelican also pleaded guilty to obstruction of justice for submitting materially false deviation reports to LDEQ, the agency that administers the federal Clean Air Act in Louisiana.
   Pelican has admitted to the following:
   • Pelican had no company budget, no environmental department and no environmental manager;
   • In order to comply with a permit issued under the Clean Air Act, the refinery was required to use certain key pollution prevention equipment, but that equipment was either not functioning, poorly maintained, improperly installed, improperly placed into service and/or improperly calibrated;
   • It was a routine practice for over a year to use an emergency flare gun to re-light the flare tower at the refinery which was designed to burn off toxic gasses and provide for the safe combustion of potentially explosive chemicals; because the pilot light was not functioning properly, employees would take turns trying to shoot the flare gun to relight the explosive gasses;
   • Sour crude oil was stored in a tank that was not properly placed into service and remained in the tank after the roof sank;
   • A caustic scrubber designed to remove hydrogen sulfide from emissions was bypassed; and
   • A continuous emission monitoring system (CEMS) designed to measure the hydrogen sulfide levels in refinery emissions was not working properly.
   Byron Hamilton, the Pelican vice-president who oversaw operations at the Lake Charles refinery since 2005 from an office in Houston pleaded guilty on July 6, 2011, to negligently placing persons in imminent danger of death and serious bodily injury as a result of negligent releases at the refinery. Hamilton faces up to one year in prison and a $200,000 fine for each of the two Clean Air Act counts. 
   The government’s investigation of the Pelican Refinery is continuing. Under the Crime Victims’ Rights Act, crime victims are afforded certain statutory rights, including the opportunity to attend all public hearings and provide input to the prosecution. Any person adversely impacted is encouraged to learn more about the case and the Crime Victims’ Rights Act or you may contact the Victim Witness Coordinator for the U.S. Attorney’s Office, Western District of Louisiana. 
   The criminal investigation is being conducted by the EPA Criminal Investigation Division in Baton Rouge and the Louisiana State Police, with assistance from the Louisiana Department of Environmental Quality. The case is being prosecuted by U.S. Attorney Stephanie Finley, Richard A. Udell, Senior Trial Attorney of the Environmental Crimes Section of the Environment and Natural Resources Division of the U.S. Department of Justice, Trial Attorney Christopher Hale with the Environmental Crimes Section.
   Source: U.S. Environmental Protection Agency

Man Sentenced, Fined For Smuggling Refrigerant

   WASHINGTON  – 8/6/2011 - On July 29, U.S. District Court Judge Adalberto Jordan sentenced Brendan Clery, 34, to 18 months in prison and ordered him to pay a $40,000 criminal fine and forfeit illegal proceeds in the amount of $935,240. Clery pleaded guilty in April 2011 to knowingly importing approximately 278,256 kilograms of illegal hydrochlorofluorocarbon - 22 (HCFC-22, also known as R-22) into the United States.
   According to the EPA, HCFC-22 is an ozone-depleting substance regulated by EPA under the Clean Air Act (CAA). HCFC-22 depletes the ozone layer, resulting in increased ultraviolet radiation-B (UV-B) reaching the Earth’s surface, which in turn leads to a greater chance of overexposure to UV radiation and the risks of health effects, such as skin cancer, cataracts, and suppression of the immune system.
    Court records and statements made in 2005 show that Clery formed and served as president of Lateral Investments LLC, a corporation he established in Florida for the purpose of importing merchandise, including refrigerant gas he intended to sell illegally. Between June and August 2007, Clery illegally smuggled approximately 278,256 kilograms or 20,460 cylinders of restricted HCFC-­22 from China, with a market value of $1,438,270, and at no time did Clery or Lateral Investments hold the consumption allowances required to legally import HCFC-22.
   EPA established a schedule to phase out the production and importation of ozone-depleting substances, with a complete phase out starting in 2030. To meet its obligations under the Montreal Protocol, an international treaty designed to protect the ozone layer, EPA issued baseline consumption allowances for the production and importation of HCFC-22 to individuals and companies. To legally import HCFC-22 for consumption, one must hold and expend one consumption allowance for each kilogram of HCFC-22 imported into the United States.
    This case was part of a larger criminal investigation known as Operation Catch-22. It was investigated by the Environmental Protection Agency, U.S. Immigration and Customs Enforcement, and the Florida Department of Environmental Protection, Criminal Investigation Bureau, and prosecuted by special assistant U. S. Attorney Jodi A. Mazer.
    "EPA takes seriously the smuggling of illegal substances that can harm the ozone layer, which protects us from harmful UVB radiation that can cause skin cancer and cataracts,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s sentencing is an example of EPA’s commitment to aggressively enforce U.S. laws and meet our international obligations."
   Source: U.S. EPA
 

EPA Proposes New Rules On Hazardous Waste

   WASHINGTON – 7/7/2011 - The U.S. Environmental Protection Agency (EPA) is proposing new safeguards for recycling hazardous materials to protect public health and the environment. Today’s proposal modifies EPA’s 2008 Definition of Solid Waste (DSW) rule, which revised hazardous waste regulations to encourage recycling of hazardous materials. Today’s proposal will improve accountability and oversight of hazardous materials recycling, while allowing for important flexibilities that will promote its economic and environmental benefits. The EPA is opening up this proposal for public comment.
    The EPA is also releasing for public comment its draft expanded environmental justice analysis of the 2008 DSW final rule, which evaluates the rule’s potential impact on low-income and minority communities. EPA is also requesting public comment on the environmental justice analysis as well as on suggested changes received from peer review. The analysis and peer review comments will be available in the docket for this rule making once the proposal is published.
   “Safe recycling of hazardous materials conserves vital resources while protecting the environmental and economic health of our communities,” said Mathy Stanislaus, assistant administrator for EPA’s Office of Solid Waste and Emergency Response. “Today’s proposed enhancements show EPA’s commitment to achieving sustainable materials management through increased recycling, while retaining safeguards to protect vulnerable communities and the environment.”
    The EPA’s re-examination of the 2008 DSW final rule identified areas in the regulations that could be improved to better protect public health and the environment with a particular focus on adjacent communities by ensuring better management of hazardous waste. Today’s proposal includes provisions to address those areas through increased transparency and oversight and accountability for hazardous materials recycling. Facilities that recycle on site or within the same company under the reduced regulatory requirements retained under the proposal would be subject to enhanced storage and record keeping requirements as compared to the 2008 rule.
   Companies that send their hazardous materials off site for recycling would have tailored storage standards, while being required to send their materials to a permitted hazardous waste recycling facility. The proposed rule also creates a level playing field by requiring all forms of hazardous waste recycling to meet requirements designed to ensure materials are legitimately recycled and not being disposed of illegally.
    EPA will accept comment on this proposal for 60 days after publication in the Federal Register. The docket for the rule making is EPA-HQ-RCRA-2010-0742 and can be accessed at http://www.regulations.gov once the proposal is published.
    More information about this rule making: http://www.epa.gov/waste/hazard/dsw/rulemaking.htm

Farm Supply Retailer to Pay $54,922 Civil Penalty

   KANSAS CITY, KAN. -  2/26/2011 - ADI Agronomy, Inc., which owns a group of farm supply facilities in southeast Missouri and northeast Arkansas, has agreed to pay a $54,922 civil penalty to the United States for chemical Risk Management Program violations at its Ag Distributors retail facility at Kennett, Mo., which sells liquid fertilizer made with anhydrous ammonia.
    EPA Region 7 issued an administrative compliance order to the Kennett facility in July 2010, after an inspection noted eight violations of the chemical Risk Management Program regulations contained in the federal Clean Air Act. Specifically, Ag Distributors failed to establish and implement maintenance procedures to ensure the ongoing integrity of its anhydrous ammonia process equipment, and failed to document that the equipment complied with recognized and generally accepted good engineering practices, among other violations.
    As part of an administrative consent agreement issued by EPA in Kansas City, Kan., ADI Agronomy, doing business as Ag Distributors, agreed to pay the $54,922 penalty.
    The Ag Distributors facility in Kennett is subject to the Risk Management Program regulations because it uses, stores, manufactures or handles the on-site movement of 10,000 pounds or more of anhydrous ammonia in its fertilizer production process, the agreement says. Anhydrous ammonia is corrosive, and exposure to it may result in chemical-type burns to skin, eyes and lungs.
    Facilities like Ag Distributors that mix or blend fertilizers using anhydrous ammonia, but which do not sell anhydrous ammonia directly to farmers, must implement the most stringent type of Risk Management Program, known as the Program 3 Prevention Program. Ag Distributors failed to comply with the Program 3 Prevention Program requirements, which require detailed safety precautions, preventative maintenance, operating procedures, and employee training measures.
    Risk Management regulations are intended to help prevent accidental releases of harmful chemicals, and help local emergency responders prepare for and respond to chemical accidents. Failure to have an adequate Risk Management Program and Plan can compromise a facility’s ability to prevent releases and minimize the impact of releases that do occur.
    As part of its settlement with EPA, ADI Agronomy has certified that the Ag Distributors facility in Kennett is now in compliance with the chemical Risk Management Program regulations.
   Source: U.S. EPA

Biomass Power Plants Fined More Than $830,000

   SAN FRANCISCO - 2/16/2011 - Consent decrees have been lodged against two biomass power plants in Chowchilla and El Nido, Calif., on behalf of the U.S. Environmental Protection Ageny and the San Joaquin Valley Air Pollution Control District.
   The two companies have agreed to pay a combined civil penalty of $835,000 to resolve alleged violations of the federal Clean Air Act and district rules, including excess emissions of air pollutants such as nitrogen oxides—a precursor to ozone—and fine particulates.
    “EPA is committed to doing our part to tackle the worst air quality in the nation. Today’s enforcement actions are a victory for human health,” EPA’s Regional Administrator for the Pacific Southwest Jared Blumenfeld said. “San Joaquin Valley communities can now breathe easier as a result of the significant pollution controls won in these settlements.”
    The settlements require the facilities to install devices to improve monitoring and reporting of air pollutants; enhance automation of the control systems for nitrogen oxides emissions; and prepare more stringent control plans to minimize emissions of air pollutants. As a part of this action, the companies have installed controls that reduce emissions of nitrogen oxides by up to 180 tons per year and carbon monoxide by up to 365 tons per year. The EPA and district will continue to monitor both facilities for an additional two years to ensure completion of all requirements.
    Ampersand Chowchilla Biomass, LLC, (ACB), and Merced Power, LLC, (MP), located within 12 miles of each other in the San Joaquin Valley, are required to pay $328,000 and $492,000, respectively; EPA and the district will split the penalty equally. ACB is also required to pay an extra $15,000 to the district for a district-only violation.
    After refurbishing the plants in 2007-2008, ACB and MP initiated operations in 2008. A joint investigation by the EPA and district found that ACB and MP violated the air permits issued to them by the district by:

• Emitting air pollutants including nitrogen oxides, sulfur dioxide, and carbon monoxide in excess of the permit limits;
• Failing to perform timely source testing to measure emissions of various air pollutants;
• Failing to properly install and operate emissions control systems for nitrogen oxides, a precursor to ozone; and
• Failing to certify the continuous emissions monitoring systems.
• The plants also violated various district rules including requirements for emissions control plans.

    Biomass power plants use green waste from farms and other operations that would otherwise be subject to open burning, and construction debris that might have gone to a landfill, to generate power.
    The San Joaquin Valley exceeds the national health standards for ozone and particulate matter. Nitrogen oxides react with other chemicals to form ozone and small particles, both harmful to the public’s health. Ozone and particulate matter affect the human respiratory system, and are linked to a variety of significant health problems ranging from aggravated asthma to premature death in people with heart and lung disease.
    Both proposed consent decrees are subject to a 30-day public comment period and final approval by the U.S. District Court for the Eastern District of California. A copy of each decree is available at http://www.justice.gov/enrd/Consent_Decrees.html.