EPA Issues Emergency Fuel Waiver for E15 Sales

Issued: Apr 28, 2023 (12:22pm EDT)

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EPA Issues Emergency Fuel Waiver for E15 Sales

EPA takes action to provide consumers relief at the pump by helping ensure an adequate fuel supply

WASHINGTON (April 28, 2023) – The U.S. Environmental Protection Agency today is issuing an emergency fuel waiver to allow E15 gasoline — gasoline blended with 15% ethanol — to be sold during the summer driving season.

This action will provide Americans with relief at the pump from ongoing market supply issues created by Russia's unprovoked war in Ukraine by increasing fuel supply and offering consumers more choices at the pump. The waiver will help protect Americans from fuel supply crises by reducing our reliance on imported fossil fuels, building U.S. energy independence, and supporting American agriculture and manufacturing. Current estimates indicate that on average, E15 is about 25 cents a gallon cheaper than E10.

"The Biden-Harris Administration is committed to protecting Americans from fuel supply challenges resulting from the ongoing war in Ukraine by ensuring consumers have more choices at the pump," said Administrator Michael S. Regan. "Allowing E15 sales during the summer driving season will not only help increase fuel supply, but support American farmers, strengthen U.S. energy security, and provide relief to drivers across the country."

The Clean Air Act allows the EPA Administrator, in consultation with DOE, to temporarily waive certain fuel requirements to address shortages. As a result of the ongoing war in Ukraine, Administrator Regan determined that extreme and unusual fuel supply circumstances exist and has granted a temporary waiver to help ensure that an adequate supply of gasoline is available. As required by law, EPA and DOE evaluated the situation and determined that granting the waiver was in the public interest.

Currently, in roughly two-thirds of the country, E15 cannot be sold from terminals starting on May 1 and at retail stations starting on June 1. EPA is providing relief by extending the 1-psi Reid Vapor Pressure (RVP) waiver that currently applies to E10 gasoline to E15, which will enable E15 sales throughout the summer driving season in these areas, if necessary. This action only extends the 1-psi waiver to E15 in parts of the country where it already exists for E10. E15 can already be sold year-round in parts of the country that have a Reformulated Gasoline (RFG) program. 

Because the RVP of E10 and E15 gasoline used by consumers will be the same (both will be 1 psi higher than otherwise required by EPA or state regulations) EPA does not expect any impact on air quality from this limited action. EPA's research has shown no significant impact on evaporative emissions when the 1-psi waiver is extended to E15. With no significant impacts on emissions from cars and trucks, we expect consumers can continue to use E15 without concern that its use in the summer will impact air quality.

EPA's emergency fuel waiver will go into effect on May 1 when terminal operators would otherwise no longer be able to sell E15 in the affected regions of the country and will last through May 20 which is the statutory maximum of 20 days. EPA will continue to monitor the supply with industry and federal partners, and the Agency expects to issue new waivers effectively extending the emergency fuel waiver until such time as the extreme and unusual fuel supply circumstances due to the war in Ukraine are no longer present.

For more information on this announcement, please visit EPA's Fuel Waivers webpage.

Contact: EPA Press Office (press@epa.gov)

 

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EPA Invests $41 million in New Technical Assistance to Help Communities Address Wastewater Challenges

Issued: Apr 27, 2023 (3:14pm EDT)

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EPA Invests $41 million in New Technical Assistance to Help Communities Address Wastewater Challenges

This investment illustrates the Biden-Harris Administration's commitment to changing the odds for underserved communities

WASHINGTON (April 27, 2023)  – Today the U.S. Environmental Protection Agency (EPA) announced $41 million in new technical assistance funding under America's Water Infrastructure Act to help communities address urgent wastewater challenges. The new funding, awarded to nine technical assistance providers across the country, will primarily help rural, small, and Tribal communities assess water needs, identify solutions, and access funding from the Bipartisan Infrastructure Law and other federal programs. This action advances progress under President Biden's EJ Strong Initiative by making a tangible difference in communities with legacy environmental justice concerns.

"Every person in every community deserves to have effective and dependable wastewater services," said EPA Assistant Administrator for Water Radhika Fox. "That's why we are thrilled to invest $41 million in technical assistance for underserved small, rural, and Tribal communities that often lack this necessity. This is another way EPA is working to change the odds for disadvantaged communities and support investments in essential water infrastructure."

Communities can request assistance by visiting the agency's Water Technical Assistance webpage.

Many rural, small, and Tribal systems face unique financial and operational challenges, including aging infrastructure, workforce shortages, increasing costs, and declining rate bases. EPA's grant funding will be used to assess communities most pressing challenges, provide training on water infrastructure and management best practices, help communities navigate the federal funding application process, and strategically invest in reliable infrastructure solutions.

The Rural, Small, and Tribal Technical Assistance providers serve an important role in helping to ensure that rural, small, and Tribal communities that have difficulty in securing public funding receive the help they need to access resources to support infrastructure improvements. These providers also support rural, small, and Tribal wastewater treatment systems – centralized and decentralized – to build technical, managerial, and financial capacity to operate their systems well and maintain compliance.

"Helping rural, small, and tribal communities is the mission of the National Rural Water Association, and we are thrilled EPA is expanding technical assistance nationally to meet critical wastewater needs," said National Rural Water Association CEO Matthew Holmes. "Since 1977, NRWA has partnered with EPA to provide on-the-ground, direct assistance to small and rural communities.  Today's announcement substantially expands this assistance to include more underserved residents than ever, in all 50 states and Puerto Rico. We look forward to continuing our partnership with EPA, and applaud their commitment to ensure rural, small, and tribal systems receive the resources and support they need."

"RCAP is thrilled to continue providing local on-site technical assistance and customized training to rural tribal nations, something we have been doing for fifty years across our nation," said RCAP CEO Olga Morales Pate.  "We appreciate EPA's commitment to improving the quality of life in rural America, and we look forward to getting started on this critical work."

The selected recipients for the Rural, Small, and Tribal Wastewater Technical Assistance Grant Program include:

Priority Area 1: Acquisition of Financing and Funding

These applicants will help rural, small, and Tribal communities plan for and access funding from the Infrastructure Investment and Jobs Act (also known as the Bipartisan Infrastructure Law) and other sources.

·         Southwest Environmental Finance Center-New Mexico

·         Rural Community Assistance Partnership Inc.

·         Hudson Valley Regional Council

·         Tennessee Water Resources

·         Alaska Municipal League

Priority Area 2: Protection of Water Quality and Compliance Assistance

This funding will help rural, small, and Tribal communities improve their technical, managerial, and financial capacity and maintain compliance. 

·         New England Interstate Water Pollution Control Commission

·         Pacific Northwest Pollution Prevention Resource Center

·         Rural Community Assistance Partnership Inc.

·         National Rural Water Association

·         Southwest Environmental Finance Center-New Mexico

Priority Area 3: Tribal Wastewater Systems

This area provides training and technical assistance to tribes across all areas of their Clean Water Infrastructure.

·         Rural Community Assistance Partnership Inc.

·         National Rural Water Association

·         Southwest Environmental Finance Center-New Mexico

Priority Area 4: Decentralized Wastewater Systems

More than one in five households in the United States rely on septic systems and other decentralized systems, and this priority area focuses on assistance to those communities.

·         Des Moines Area Community College

·         Rural Community Assistance Partnership Inc.

·         National Rural Water Association

Priority Area 5: Lagoon Wastewater Systems

EPA estimates that lagoon wastewater treatment systems comprise about one-quarter of the wastewater treatment utility systems in the country; the funding will assist lagoon systems in improving water quality and achieving and maintaining compliance.

·         Rural Community Assistance Partnership Inc.

·         National Rural Water Association

Background
On June 24, 2022, EPA announced the Request for Applications (RFA) for the "Training and Technical Assistance for Rural, Small and Tribal Municipalities and Wastewater Treatment Systems for Clean Water Act Prevention, Reduction, and Elimination of Pollution" (EPA-OW-OWM-22-02). The period for submitting applications ended on August 22, 2022. Eligible applicants under this competition are public and private nonprofit organizations, subject to CWA 104(w), that are qualified and experienced in providing on-site training and technical assistance to rural, small, and Tribal municipalities and/or small publicly owned treatment works and/or decentralized wastewater treatment systems.

The Rural, Small and Tribal Clean Water Technical Assistance Grant Program was established by the America's Water Infrastructure Act of 2018. The program aims to provide technical assistance to improve small wastewater system operations and management practices, making them more sustainable and resilient, and supporting EPA's mission to protect public health and the environment.

Learn more about EPA's Water Technical Assistance efforts.
Learn more about the tools, training, and resources for small, rural, Tribal wastewater systems.

 

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Tesoro to Pay $27.5 Million For Violating Previous Court Order Requiring Them to Reduce Air Pollution at Their Martinez, Calif. Refinery

Issued: Apr 27, 2023 (3:11pm EDT)

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Tesoro to Pay $27.5 Million For Violating Previous Court Order Requiring Them to Reduce Air Pollution at Their Martinez, Calif. Refinery

Settlement Will Result in Cleaner Air Due to Tesoro's Forfeiture of Air Emission Credits

WASHINGTON (April 27, 2023) – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice today announced that Tesoro Refining and Marketing Company will pay a $27.5 million penalty for violating a 2016 consent decree ordering the company to reduce air pollution at its petroleum refinery in Martinez, Calif. In particular, according to today's settlement, Tesoro failed to limit air emissions of nitrogen oxides (NOX), a pollutant that contributes to smog.

The settlement requires Tesoro to adhere to strict pollution controls at the facility. The facility is currently undergoing conversion into a renewable fuels plant, which will use renewable sources such as vegetable oils to produce fuels instead of crude oil. The settlement also sets up a framework for additional pollutant reductions, including significant climate co-benefits. Specifically, the settlement requires Tesoro to forego hundreds of annual emission credits that it could otherwise sell to area sources who could then increase their emissions.

"Tesoro did not meet the consent decree pollution limit because it did not install adequate pollution controls," said Acting Assistant Administrator Larry Starfield for EPA's Office of Enforcement and Compliance Assurance. "As this settlement shows, EPA will seek substantial penalties when companies delay installing appropriate pollution controls to meet environmental obligations."

"Today, we are holding Tesoro accountable for its failure to implement court-ordered pollution controls," said Assistant Attorney General Todd Kim for the Justice Department's Environment and Natural Resources Division. "This settlement requires Tesoro to forfeit substantially more air emission credits than the excess emissions associated with its violations, resulting in cleaner air for those who live and work in the San Francisco area."

"Tesoro failed to meet its requirement to reduce air pollution at the Martinez refinery, and EPA is now taking firm action to hold Tesoro accountable," said EPA Pacific Southwest Regional Administrator Martha Guzman. "This settlement ensures that Tesoro complies with stringent air pollution limits, to protect neighboring communities regardless of fuel type."

In May 2020, Tesoro suspended operations at the Martinez refinery and then announced its plan to convert the refinery to a renewable fuels plant. Today's agreement includes requirements to limit air pollution from the future renewable fuels plant. The agreement does not prohibit Tesoro from resuming petroleum refining, but if it does so, Tesoro must install specific air pollution control technology, at an expected cost of $125 million, to ensure stringent NOX emission limits are met.

To mitigate pollution resulting from its violation of the 2016 consent decree, Tesoro agreed to surrender most of its existing NOX emission trading credits. Tesoro also agreed to forego almost all trading credits from the shutdown of petroleum refining equipment should it convert to a renewable fuels plant. A company can receive emission credits by shutting down equipment and then apply such credits to offset emissions from new projects or trade such credits to other companies for their use. By requiring Tesoro to surrender existing credits and forego petroleum-related shutdown credits if it converts to a renewable fuels plant, the settlement prevents Tesoro and other local sources from using these credits. Thus, the settlement filed today will limit emissions in the San Francisco Bay Area.

Specifically, if Tesoro resumes petroleum refining, the settlement requirements will reduce annual air emissions by about 261 tons of NOX. If Tesoro converts the facility to a renewable fuels plant, the settlement will result in annual air emissions reductions of about 440 tons of NOX, 327 tons of sulfur dioxide, 697 tons of carbon monoxide, 69 tons of volatile organic compounds, 301 tons of fine particulate matter, and the equivalent of 1,342,025 metric tons of carbon dioxide. 

The terms of a 2016 federal consent decree, which resolved Clean Air Act violations at the Martinez refinery and five other refineries nationwide, established emission limits for multiple pollutants including NOX. The settlement announced today, which will modify the 2016 settlement, includes new requirements that apply whether Tesoro chooses to reopen the Martinez facility as a petroleum refinery or a renewable fuels plant.

There will be a 30-day public comment period on the modification to the 2016 settlement. Information on how to comment on the modification will be available in the Federal Register and on the Department of Justice's website:  www.justice.gov/enrd/consent-decrees.

For more information on the 2016 federal consent decree and today's agreement, go to 2023 Tesoro Martinez Clean Air Act Settlement Information Sheet | US EPA.

 

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EPA takes first-ever federal Clean Water Act enforcement action to address PFAS discharges at Washington Works facility near Parkersburg, W. Va.

Issued: Apr 26, 2023 (4:54pm EDT)

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EPA takes first-ever federal Clean Water Act enforcement action to address PFAS discharges at Washington Works facility near Parkersburg, W. Va.

WASHINGTON (April 26, 2023) – The U.S. Environmental Protection Agency has ordered the Chemours Company to take corrective measures to address pollution from per-and polyfluoroalkyl substances (PFAS) in stormwater and effluent discharges from the Washington Works facility near Parkersburg. The order on consent also directs Chemours to characterize the extent of PFAS contamination from discharges.

This is the first EPA Clean Water Act enforcement action ever taken to hold polluters accountable for discharging PFAS into the environment. PFAS are a group of man-made chemicals that have been manufactured and used in industry and consumer products since the 1940s. There are thousands of different PFAS chemicals, some of which have been more widely used and studied than others.

According to the EPA order, PFAS levels in the discharges from the facility exceed levels that are set in the facility's Clean Water Act permit.

"Administrator Regan has directed EPA staff to use every enforcement tool at our disposal to compel manufacturers of PFAS to characterize, control, and clean up ongoing and past PFAS contamination," said Acting Assistant Administrator Larry Starfield of EPA's Office of Enforcement and Compliance Assurance. "Through this order, EPA is taking action to address PFAS violations and better protect the resources and people of West Virginia."

"The Parkersburg community has a long history with this facility and the ever-present threat of PFAS pollution," said EPA Mid-Atlantic Regional Administrator Adam Ortiz. "This order demonstrates that EPA will take action to safeguard public health and the environment from these dangerous contaminants."

Under the Clean Water Act, it is unlawful to discharge pollutants into U.S. waterways except pursuant to a National Pollution Discharge Elimination System (NPDES) permit, issued by EPA or a state. The permit sets pollution discharge limits, monitoring and reporting requirements, and other conditions designed to protect water quality. More information on the NPDES program.

Chemours operates several manufacturing units at the Washington Works facility, which produce fluorinated organic chemical products including fluoropolymers. The facility discharges industrial process water and stormwater to the Ohio River and its tributaries, under the terms of a NPDES permit issued in 2018 by the West Virginia Department of Environmental Protection. E.I. du Pont de Nemours and Company was the NPDES permit holder at Washington Works until 2015. In 2015, the permit was transferred to Chemours.

The permit imposes discharge limits and requires monitoring of certain pollutants, including PFAS such as perfluorooctanoic acid (PFOA), which was used in the past as a processing aid for manufacturing, and HFPO Dimer Acid, also known as GenX -- which replaced PFOA as a processing aid.

In an administrative compliance order on consent (AOC) issued today, EPA sets forth that this facility exceeded permit effluent limits for PFOA and HFPO Dimer Acid on various dates from September 2018 through March 2023, and that Chemours failed to properly operate and maintain all facilities and systems required for permit compliance.

As an initial step in characterizing PFAS in surface water discharges, EPA's order requires Chemours to implement an EPA-approved sampling plan to analyze PFAS and conduct analysis to further understand the presence of PFAS in stormwater and effluent discharged from the facility. Also, Chemours will submit and implement a plan to treat or minimize the discharge of PFAS to ensure compliance with numeric effluent limits of PFOA and HFPO Dimer Acid.

In addition, to identify best practices to reduce PFAS discharges from the site, Chemours will submit its existing Standard Operating Procedures relating to the management of wastewater for various systems and its revised Storm Water Pollution Prevention Plan.

Background

Since 2004, EPA has been working to understand and address PFOA and other fluorocarbon chemicals released from this and other sites.   In 2021, EPA launched the PFAS Strategic Roadmap, a whole-of-agency approach for addressing PFAS. The Roadmap sets timelines by which EPA plans to take specific actions and commit to new policies to safeguard public health, protect the environment, and hold polluters accountable. In the national PFAS Roadmap, EPA commits to investigate releases of PFAS and, where needed, require manufacturers to characterize and control their PFAS releases. In the Roadmap, EPA also commits to take swift action to address potential endangerments to public health. EPA is actively working with its state partners on this effort, which will build upon valuable work led by a number of states.

For further information: EPA Press Office (press@epa.gov)

 

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EPA Announces Public Hearing on Proposal to Strengthen Standards for Chemical and Polymers Plants

Issued: Apr 26, 2023 (1:01pm EDT)

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EPA Announces Public Hearing on Proposal to Strengthen Standards for Chemical and Polymers Plants

WASHINGTON (April 26, 2023) — The U.S. Environmental Protection Agency (EPA) will hold a virtual public hearing on its proposal to significantly reduce hazardous air pollutants from chemical plants, including the highly toxic chemicals ethylene oxide (EtO) and chloroprene. The reductions would dramatically reduce the number of people with elevated air toxics-related cancer risks in communities surrounding the plants that use those two chemicals, especially communities historically overburdened by air toxics pollution, and cut more than 6,000 tons of toxic air pollution a year.

Hearing information:

  • Date: Tuesday May 16, 2023
  • Time: 11 a.m. to 7 p.m. ET
  • Location: Virtual platform

Registration to speak at the hearing is now open. To register to speak, or for information about watching a livestream of the hearing, please visit EPA's Proposal to Strengthen Standards for Synthetic Organic Chemical Plants and Polymers and Resins Plants webpage.

Language/Reasonable Accommodation Request: If you need assistance in a language other than English or if you need a reasonable accommodation, please contact SPPDpublichearing@epa.gov or 888-372-8699. EPA must receive this request by May 2, 2023, in order to provide accommodations.

Comment in writing: EPA also will accept comments on the proposal in writing until June 26, 2023. Comments the Agency receives in writing receive the same consideration as comments received at the public hearing.

 

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EPA Names 2023 Top Cities for ENERGY STAR Certified Buildings

Issued: Apr 26, 2023 (10:56am EDT)

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EPA Names 2023 Top Cities for ENERGY STAR Certified Buildings

Los Angeles, Washington, D.C., Atlanta, San Francisco, and New York make top five, cutting energy costs while increasing efficiency and reducing emissions

WASHINGTON (April 26, 2023) — The U.S. Environmental Protection Agency (EPA) is announcing its annual "Top Cities" list, spotlighting the cities with the greatest number of ENERGY STAR certified commercial and multifamily buildings in 2022. Coming in at first place for the fourth year in a row, Los Angeles leads with nearly 750 ENERGY STAR certified buildings. In second place is Washington, D.C. with 555 buildings, followed by Atlanta in third place with 376 buildings.

"In many cities, a majority of greenhouse gas emissions results from the energy used by buildings," said EPA Administrator Michael S. Regan. "I applaud this year's top cities, as well as the owners and managers of each ENERGY STAR certified building in them, for taking real action to reduce greenhouse gas emissions and help America address the climate crisis."

Commercial buildings are responsible for 16% of the nation's greenhouse gas emissions and spend more than $190 billion per year on energy. In many cities, buildings are the largest contributor of emissions — responsible for 30% to more than 70% of a city's total emissions. ENERGY STAR certified buildings use an average of 35% less energy and are responsible for 35% less carbon dioxide emissions than typical buildings.

First released in 2009, EPA's list of cities with the most ENERGY STAR certified buildings shows how buildings across America are embracing energy efficiency as a simple and effective way to save money and reduce greenhouse gas emissions. To create the annual list, EPA tallies the number of ENERGY STAR certified buildings within each metropolitan area, as defined by the U.S. Census, which includes the city itself as well as surrounding suburbs. EPA creates separate rankings for mid-sized and small cities. This year's list includes buildings that earned EPA's ENERGY STAR during the year 2022. This year's Top Cities are:

Top 25 Cities Overall

Rank

Metro Area

Building Count

Last Year's Rank

1

Los Angeles

748

1

2

Washington DC

555

2

3

Atlanta

376

3

4

San Francisco

343

4

5

New York

256

6

6

Riverside

230

18

6

Denver

230

8

8

Dallas

221

5

8

Chicago

221

7

10

Boston

205

10

11

Houston

195

9

12

Tampa

184

15

13

Seattle

180

13

14

San Diego

170

11

15

Austin

168

12

16

Minneapolis

156

14

17

Phoenix

131

16

18

San Jose

110

16

19

Charlotte

105

19

20

Miami

94

20

21

Sacramento

88

23

22

Philadelphia

76

22

23

Orlando

64

24

24

Portland

63

n/a

25

Raleigh

59

n/a

25

Cincinnati

59

25

 

 

 

 

Top 10 Mid-Sized Cities

Rank

Metro Area

Building Count

Last Year's Rank

1

Raleigh, N.C.

59

3

2

Des Moines, Iowa

49

9

3

Provo, Utah

47

2

4

Grand Rapids, Mich.

37

n/a

5

Bakersfield, Calif.

35

n/a

5

Salt Lake City, Utah

35

8

5

Louisville, Ky.

35

4

8

Boulder, Colo.

31

6

8

Milwaukee, Wis.

31

n/a

10

Visalia, Calif.

27

n/a

 

 

 

 

Top 10 Small Cities

Rank

Metro Area

Building Count

Last Year's Rank

1

Jackson, Mich.

41

1

2

Sioux City, Iowa

16

3

3

Punta Gorda, Fla.

13

n/a

4

Dubuque, Iowa

12

n/a

5

Saginaw, Mich

11

7

5

Carson City, Nev.

11

4

7

Elizabethtown, Ky.

10

4

7

Midland, Mich.

10

n/a

9

Owensboro, Ky.

9

n/a

10

Richmond-Berea, Ky

8

n/a

Across the country, more than 7,000 commercial buildings earned the EPA's ENERGY STAR last year. As of the end of 2022, nearly 41,000 buildings across America have earned ENERGY STAR certification. Together, these buildings have saved $5.4 billion on energy bills and prevented more than 22 million metric tons of greenhouse gas emissions — equal to the annual emissions of more than 2.7 million homes. 

To earn the ENERGY STAR, a commercial building must achieve an ENERGY STAR score of 75 or higher on EPA's 1 – 100 scale, indicating that it is more energy efficient than 75% of similar buildings nationwide. A building's ENERGY STAR score is calculated based on a number of factors, including energy use, hours of operation, and a variety of other operating characteristics.

About ENERGY STAR

ENERGY STAR® is the government-backed symbol for energy efficiency, providing simple, credible, and unbiased information that consumers and businesses rely on to make well-informed decisions. Thousands of industrial, commercial, utility, state, and local organizations — including nearly 40% of the Fortune 500® — rely on their partnership with the U.S. Environmental Protection Agency to deliver cost-saving energy efficiency solutions. Since 1992, ENERGY STAR and its partners helped American families and businesses avoid more than $500 billion in energy costs and achieve 4 billion metric tons of greenhouse gas reductions. 

 

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DuPont and former employee sentenced for plant explosion that killed four

Issued: Apr 25, 2023 (3:29pm EDT)

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DuPont and former employee sentenced for plant explosion that killed four

Company to pay $12M fine and donate additional $4M to Fish & Wildlife Foundation

WASHINGTON (April 25, 2023) — E. I. du Pont de Nemours and Company Inc. (DuPont) pleaded guilty and has been sentenced for criminal negligence in connection with a 2014 accident that left four company employees dead, announced U.S. Attorney Alamdar S. Hamdani.

On Nov. 15, 2014, DuPont released approximately 24,000 pounds of a highly toxic, flammable gas called methyl mercaptan (MeSH) into the air. In addition to killing the four, the chemical release injured other DuPont employees and travelled downwind into the surrounding areas.

The company pleaded guilty today along with Kenneth Sandel, 52, Friendswood, unit operations leader of the Insecticide Business Unit (IBU) where the accident occurred.

U.S. District Judge Lee H. Rosenthal ordered DuPont to pay a $12 million penalty. The company must also serve two years of probation during which time the company must give the U.S. Probation Office full access to all of its operating locations. Judge Rosenthal also ordered Sandel to serve one year of probation. At the hearing, the court asked DuPont's corporate representative whether the company had to publicly disclose their conviction, noting the importance of that fact.

They will also make a $4 million community service payment to the National Fish and Wildlife Foundation to address the harm they caused by funding projects that benefit air quality in and around areas adjacent to the western shores of Galveston Bay.

As a result of this case and other related civil cases tied to the explosion, DuPont will have paid a total of $19.26 million for its unlawful conduct.

"The failure to follow required chemical safety procedures at Dupont's La Porte facility resulted in the deaths of four employees," said Acting Assistant Administrator Larry Starfield for the Office of Enforcement and Compliance Assurance. "This case demonstrates the importance of holding chemical facilities accountable for implementing chemical safety requirements that are designed to protect workers and neighboring communities."

"Four employees are dead because of DuPont's criminal negligence," said Hamdani. "The sentence imposed today sends a clear message of my office's dedication to holding managers at industrial facilities, and the corporations that own and operate those facilities, accountable for violations of federal criminal laws; laws meant to protect the safety of workers and nearby communities."

DuPont is headquartered in Wilmington, Delaware, and owns chemical manufacturing plants around the world including a facility in La Porte. As part of its operations, the facility produces pesticides called Lannate and Vydate among other products.

The release of the MeSH on Nov. 15, 2014, resulted in the introduction of the pesticides into the air which travelled downwind into the city of Deer Park and beyond. In addition to killing the four employees, several others were injured.

The fatal accident occurred after an employee inadvertently left open a piping valve which caused a slushy material to block the flow of liquid MeSH into the Lannate process. To melt it, DuPont day shift employees began applying hot water to the outside of the blocked piping and opened other valves to vent MeSH gas into a waste gas system. However, the MeSH piping was still blocked at the end of the day.

As the IBU leader, Sandel was responsible for ensuring shift supervisors, operators and engineers understood and complied with government safety, health and environmental regulations. Specifically, Sandel was responsible for implementing a safety procedure at the IBU by making sure employees understood and followed the procedure's requirements and did not release toxic chemicals inappropriately to the environment.

Sandel and other employees failed to provide sufficient instructions to the oncoming shift for how to safely clear remaining blockage. It finally cleared early the next morning, and a large volume of liquid MeSH began flowing into the waste gas system. At that time, an employee mistakenly believed the waste gas system only contained materials present during normal operations and opened valves that resulted in the release of the toxic gas.

Records indicate employees at DuPont's LaPorte plant disregarded a federally mandated safety procedure when opening those valves on the waste system. Sandel should have known operators did not have a safe and effective way to drain the vent system and should have prevented it from happening.

As part of the pleas, DuPont and Sandel admitted to negligently releasing an extremely hazardous substance into the ambient air. The company also acknowledged negligently placing a person in imminent danger of death or serious bodily injury in violation of the federal Clean Air Act.

The IBU has since been demolished.

The charges against DuPont and Sandel are part of an EPA initiative titled Reducing Risks of Accidental Releases at Industrial and Chemical Facilities. EPA's Criminal Investigation Division in Texas conducted the investigation with assistance from the Texas Environmental Enforcement Task Force.

Assistant U.S. Attorneys (AUSA) John R. Lewis and Belinda Beek and Special AUSA Kristina Gonzales are prosecuting the case with assistance from the Justice Department's Environmental Crimes Section of the Environment and Natural Resources Division.

For further information: EPA Press Office (press@epa.gov)

 

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Biden-Harris Administration Announces $400 Million Grant Program to Fund Clean School Buses that Reduce Emissions and Protect Children’s Health

Issued: Apr 25, 2023 (1:04pm EDT)

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Biden-Harris Administration Announces $400 Million Grant Program to Fund Clean School Buses that Reduce Emissions and Protect Children's Health

Latest funding from the President's Investing in America Agenda follows nearly $1 billion for thousands of electric and low-emission school buses across the nation

Contact Information: EPA Press Office (press@epa.gov)

WASHINGTON — The U.S. Environmental Protection Agency (EPA) announced the availability of at least $400 million in grants for cleaner school buses, reducing harmful pollution and protecting children's health. Under President Biden's Investing in America agenda, funding from EPA's Clean School Bus Program will improve air quality in and around schools and communities, save schools money, create good-paying clean energy jobs and reduce greenhouse gas pollution, protecting people and the planet.

The grants are made possible by President Biden's Bipartisan Infrastructure Law, which provides an unprecedented $5 billion to transform the nation's fleet of school buses. This is the first round of funding available as grants and follows the nearly $1 billion the Biden-Harris Administration awarded through the rebate competition last year to fund electric and low-emission school buses across school districts.

EPA Administrator Michael S. Regan, White House Senior Advisor and Infrastructure Coordinator Mitch Landrieu, Senator Bob Casey (PA) and Congressman Matt Cartwright (PA-08) announced the funding in Nanticoke, Pennsylvania, where the local school district is set to receive 15 new electric buses thanks to President Biden's Investing in America Agenda.

"Today we're taking another key step toward reducing climate pollution and building a healthier future where all of our children have the clean, breathable air that they deserve," said EPA Administrator Michael S. Regan. "President Biden's Investing in America agenda is already transforming school bus fleets across the nation, passing on cost savings to districts while improving air quality. With new grant funding available, we will accelerate our work to transition to electric and low-emission school buses further and faster than ever before."

"President Biden and Vice President Harris believe our kids deserve cleaner school buses, which will improve the health of communities and reduce emissions," said Mitch Landrieu, Senior Advisor to the President and White House Infrastructure Coordinator. "Communities will also benefit from cleaner air and energy savings by replacing old, dirty diesel school buses with cleaner alternatives."

"Clean school buses mean that students are breathing cleaner air and districts are saving money. This commonsense solution is a win-win," said U.S. Senator Bob Casey (PA). "With more grants to come this year and in the years to follow, more communities in Pennsylvania and across the Nation will get this opportunity to set students up for a healthier and brighter future — all thanks to the infrastructure law."

"Running these clean, green buses will reduce harmful pollution, improve air quality in and around schools and communities, save money and reduce greenhouse gas pollution," said U.S. Representative Matt Cartwright (PA-08). "This unprecedented investment will protect the safety and well-being of our most treasured resources: our children and our planet."

About the Clean School Bus Grant Competition

The $400 million grant opportunity through EPA's Clean School Bus Program will fund electric, propane, and Compressed Natural Gas (CNG) buses that will produce either zero or low tailpipe emissions compared to their older diesel predecessors.

These emission reductions will result in cleaner air for students riding the buses, bus drivers, school staff working near the bus loading areas, and the communities the buses drive through each day. Beyond the community, the reduction in greenhouse gas emissions from these bus replacement projects will help to address the outsized role of the transportation sector on climate change.

EPA is prioritizing applications that will replace buses serving high-need local education agencies, Tribal school districts funded by the Bureau of Indian Affairs or those receiving basic support payments for students living on Tribal land, and rural areas. In addition, EPA is committed to ensuring the Clean School Bus Program delivers on the Biden-Harris Administration's Justice40 Initiative to ensure that at least 40% of the benefits of certain federal investments flow to disadvantaged communities. Large school districts with communities of concentrated poverty also will be prioritized if their proposal focuses on clean school buses serving those communities.

Eligible applicants for this funding opportunity are (1) state and local governmental entities that provide bus service; (2) public charter school districts, (3) Indian Tribes, Tribal Organizations, or Tribally-controlled Schools, (4) Nonprofit School Transportation Associations, and (5) Eligible Contractors (including OEMs, Dealers, School Bus Service Providers, and Private Bus Fleets).

Applicants have two options to apply:

  1. Applicants seeking to serve a single school district can apply through the School District Sub-Program to request a minimum of 15 school buses and up to a maximum of 50 school buses.
  2. Applicants seeking to serve at least four school districts can apply through the third-party Sub-program to request between 50 school buses and up to a maximum of 100 school buses.

EPA will provide a combined funding amount to cover both bus and infrastructure costs for all awardees requesting electric school buses. Prioritized applicants may apply for up to $395,000 when applying for larger school buses and associated infrastructure, and other applicants may apply for up to $250,000 for larger school buses and associated infrastructure. To encourage federal funding to support the replacement of as many buses as possible, EPA will also offer points in the competition to those who can offer voluntary funding through public-private partnerships, grants from other entities, or school bonds.

The Biden-Harris Administration is committed to investing federal dollars in a responsible way that drives high-quality job creation and inclusive economic growth. EPA worked closely with the Department of Labor to ensure this program also supports the workforce needed to support a clean energy economy. Applicants will be asked to describe their plans to conduct workforce planning to ensure current drivers, mechanics, and other essential personnel receive training to safely operate and maintain the new buses, as well as clarify protections to ensure existing workers are not replaced or displaced.

Electric vehicle charging infrastructure must be installed by electricians certified by the Electric Vehicle Infrastructure Training Program (EVITP) or a comparable program approved by the Department of Labor. Funding from the Clean School Bus program can also be used to support workforce training and certifications such as EVITP. EPA is also working with clean school bus manufacturers to improve transparency around the high-quality jobs being created across the country.

This 2023 Grant Program is separate from the earlier 2022 Rebate Program, and interested applicants must apply to the Grant Program if interested in this funding opportunity. Grant applicants may submit proposals after the Notice of Funding Opportunity (NOFO) which is publicly posted at EPA's Clean School Bus Program webpage. This is a competitive program where applicants will be scored based on how well their proposal meets the criteria set forth within the NOFO. The Clean School Bus Grant Program will be open for 120 days and close on Tuesday, August 22, 2023. Questions about applying may be directed to CleanSchoolBus@epa.gov.

President Biden's Investing in America agenda is growing the American economy from the bottom up and middle-out – from rebuilding our nation's infrastructure, to creating a manufacturing and innovation boom powered by good-paying jobs that don't require a four-year degree, to building a clean-energy economy that will combat climate change and make our communities more resilient.

To learn more about the grant program, applicant eligibility, selection process, and informational webinar dates, visit EPA's Clean School Bus Program webpage.

Here is what they are saying about the Clean School Bus grant program:

As the wheels of the new, clean school buses go round and round, carbon emissions and pollution is gonna keep going down and down," said U.S. Senate Majority Leader Charles E. Schumer (NY). "Thanks to the Bipartisan Infrastructure & Jobs Law I led to passage as majority leader, over $400 million in grants are now available to help transform school bus fleets across America and put our students on the road to a brighter future and a cleaner commute. I am proud to announce this funding that will accelerate our transition to electric and low-emission school buses, fighting climate change and ensuring our kids have the clean breathable air they deserve."

"Investments in clean school buses are investments in cleaner air, healthier communities, and good-paying jobs," said U.S. Senator Tom Carper (DE), Chairman of the Senate Environment and Public Works Committee. "Thanks to the historic funding that we provided in the Bipartisan Infrastructure Law, EPA has been able to supply school districts across our country, especially those in communities most impacted by pollution, with grants to purchase American-made clean school buses. Today's announcement represents another step forward in our fight to reduce our nation's greenhouse gas emissions, more than a quarter of which come from the transportation sector."

"With more than 400,000 diesel school buses on the road, investments in clean transit solutions are critically important. By expanding the national clean school bus fleet, we are taking a significant step in improving public health and reducing childhood asthma," said U.S. Representative Jahana Hayes (CT-05). "I am pleased the U.S. Environmental Protection Agency is announcing the 2023 Clean School Bus Grant Program to help more communities nationwide transition to electric school buses. This $400 million grant program will give school districts the resources needed to finally achieve low or no emissions school buses across the country. I look forward to working with the Administrator on this effort and am committed to ensuring students have clean and safe commutes to school."

"Last year, under the leadership of the Biden-Harris Administration, Democrats made historic investments to deliver clean energy and improve air quality by passing the Infrastructure Investment and Jobs Act (IIJA) and the Inflation Reduction Act," said U.S. Representative Tony Cárdenas (CA-29). "The IIJA included the Clean School Bus Program, an initiative I led in Congress, to replace old diesel buses with new, cleaner buses. I am proud to join Administrator Regan in announcing this $400 million grant program, which will help meet the growing demand for school bus electrification. Children in communities like the one I grew up in are more likely to be exposed to polluted air, leading to higher rates of respiratory illnesses. This grant program is necessary to ensure healthier, cleaner futures for our children — no matter their zip code. With this announcement, the Biden-Harris Administration is demonstrating to the American people that they will continue prioritizing the health and well-being of our children, building a cleaner and better future, and investing in America."  

 

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