Also See: What's New for National Programs,
What's New for State Programs and/or Awards/Grants

These entries are from EPA's Newsroom, updated regularly.

Clean Air

Cummins Inc. Agrees to Pay $2.1 Million Penalty for Diesel Engine Clean Air Act Violations

EPA and the Justice Department have announced that Cummins Inc., a major motor vehicle engine company based in Columbus, Ind., will pay a $2.1 million penalty and recall 405 engines under a settlement agreement resolving violations of the Clean Air Act.

According to a complaint filed simultaneously with the settlement in federal court in the District of Columbia, between 1998 and 2006, Cummins shipped more than 570,000 heavy duty diesel engines to vehicle equipment manufacturers nationwide without pollution control equipment included, in violation of the Clean Air Act. This equipment, known as exhaust after-treatment devices (ATDs), controls engine exhaust emissions once the emissions have exited the engine and entered the exhaust system. Typical ATDs include catalytic converters and diesel particulate filters.

Engine manufacturers must prove through testing that their engine designs meet EPA's emissions standards and seek certificates of conformity. According to the complaint, Cummins tested the engines with the ATDs to meet the standards, but failed to include the ATDs with the engines when Cummins shipped the engines to the vehicle manufacturers. Instead, Cummins relied upon the vehicle manufacturers to purchase and install the correct ATDs. The United States alleges that the shipment of engines to vehicle manufacturers without the ATDs violates the Clean Air Act's prohibition on the sale of engines not covered by certificates of conformity.

The settlement requires Cummins to recall approximately 405 engines that were found to have reached the ultimate consumers without the correct ATDs in order to install the correct ATDs.

EPA estimates that Cummins actions resulted in approximately 167 excess tons of nitrogen oxides and hydrocarbon emissions, and 30 excess tons of particulate matter emissions over the lifetime of the non-conforming engines. Cummins will mitigate the effects of excess emissions from its non-conforming engines through permanent retirement of emission credits equal to the excess tons of pollution.

The State of California Air Resources Board will receive $420,000 of the civil penalty under a separate settlement agreement with Cummins, continuing a federal government practice of sharing civil penalties with states that participate in clean air enforcement actions.

Underground Storage Tanks

1. EPA Takes Action on Underground Petroleum Tanks; Binghamton, N.Y. Gas Stations to Install New Equipment to Ensure Tanks Are Not Leaking
A Binghamton, N.Y. gas station owner will spend $160,000 to improve how its 12 gas stations detect leaks from their underground petroleum storage tank systems as the result of an agreement with the U.S. Environmental Protection Agency (EPA). Manley's Mighty Mart, LLC will also pay a $17,800 fine under the agreement, which addresses the company's failure to properly monitor and test underground petroleum storage tank systems for leaks at 11 gas stations in the area. Leaking underground storage tanks pose significant threats to soil, surface water and ground water.

The leak detection system upgrade is considered a supplemental environmental project under the agreement. A supplemental environmental project is an environmentally beneficial project that a violator voluntarily agrees to undertake in settlement; it must be a project that a violator will not otherwise be required to perform. In this case, Manley's Mighty Mart is replacing conventional leak detection devices with more technologically-advanced electronic leak detection devices at the company's 12 area gas stations.

Routine EPA inspections of Manley's Mighty Mart gas stations showed that from 2005 to 2007 Manley's violated the federal Resource Conservation and Recovery Act requirements for monitoring and testing underground petroleum storage tank systems at 11 of its gas stations in the Binghamton area. Manley's also failed to keep and submit to EPA annual records for testing the storage tank systems. Manley's facilities are now in compliance with the requirements.

Petroleum releases from underground storage tanks can contaminate water, making it unsafe to drink, pose fire and explosion hazards, and can have short and long-term effects on people's health. More than 600,000 underground storage tank systems exist nationwide, and more than 375,000 leaking tanks have been cleaned up over the last decade.

2. EPA Fines Military for Underground Petroleum Storage Tank Violations at West Point
The U.S. Army and the Army and Air Force Exchange Service failed to comply with critical environmental laws related to underground tanks used to store diesel fuel, gasoline and used oil at the West Point Garrison in New York, according to a complaint issued by the U.S. Environmental Protection Agency (EPA). Both military branches failed to monitor, test and keep records for their underground petroleum storage tanks. Leaking underground storage tanks pose significant threats to soil, surface water and ground water across the nation. EPA is requiring the two parties to comply with regulations and is seeking a $167,116 penalty.

In its complaint, EPA states that the Army neglected to monitor the tanks for leaks, adequately protect against potential spills and investigate operating conditions. EPA also states that both parties failed to test leak detection devices at three tanks owned by the Army and operated by the Army and Air Force Exchange Service. The underground storage tank systems at the facility stored fuel for vehicles and emergency generators, and used oil. Several of the violations date back to the installation of the tanks and equipment, which took place 18 years ago. The Army and the Army and Air Force Exchange Service have stated that their underground storage tank systems are now in compliance.

3. Owner of Former Gasoline Station in Pittsfield fined $4,500 by MassDEP, Ordered to Finalize Waste Site Cleanup
The property owner of a former gasoline station and auto repair facility in Pittsfield has been assessed a $4,500 penalty by the Massachusetts Department of Environmental Protection (MassDEP) due to his failure to cleanup known contamination on his property.

The property was previously operated by Sun Oil Company and other entities for a period of at least 80 years for the distribution of oil and gasoline products. Previous owners of the property initially completed a number of response actions, including the removal of several gasoline underground storage tanks (USTs) from this former gasoline station and auto repair facility. 

However, fire department records indicate that additional USTs may still remain on the site. Initial assessment actions confirmed the presence of gasoline and other oil contamination in the soils and groundwater on-site. The nearest potential receptor is the Housatonic River.

Clean Water

Coles Evergreen Marina Fined for Violating the Clean Water Act
EPA has fined Coles Evergreen Marina of Stigler, Oklahoma, $1,450 for violating federal Spill Prevention Control and Countermeasure (SPCC) regulations outlined under the Clean Water Act.

A federal inspection of the Marina's bulk storage facility located in Haskell County, Oklahoma, revealed the facility did not have an SPCC plan and inspections and tests required by federal regulations were not in accordance with written procedures developed for the facility. Personnel working at the site had no training on the operation and maintenance of equipment to prevent discharges, discharge procedure protocols, and applicable pollution control laws, rules and regulations. The inspection also found spill prevention briefings were not scheduled and conducted periodically, the facility was not fully fenced and entrance gates were not locked and/or guarded when site is unattended, and facility lighting was not adequate to facilitate the discovery of spills during hours of darkness and to deter vandalism. As part of an Expedited Settlement Agreement with EPA, the facility has provided certification that all identified deficiencies have been corrected.

Additional information on SPCC regulations is available at http://www.epa.gov/oilspill

Scrap Tires

Ohio EPA Helps Clean Up Nearly 7,000 Scrap Tires
Ohio EPA helped clean up and recycle 6,780 scrap tires at 10 illegal dumps in Gallia, Jackson, Meigs and Vinton counties in January. Funding for the cleanups came from Ohio's Scrap Tire Management Fund, which is comprised of a $1 fee collected on new tires sold in Ohio. Ohio EPA's Scrap Tire Management Program oversees the state-financed cleanup of tire piles in Ohio that pose the most significant threats to human health, public safety and the environment. If not properly managed, scrap tire piles may harbor rats and become a prime breeding ground for dangerous disease-carrying
mosquitoes. Tire dumps also can spawn dangerous fires that produce noxious smoke and oils.

If a landowner fails to remove scrap tires at larger sites, Ohio EPA can hire a contractor to remove the tires, and the owner will be required to reimburse the Agency's costs. For sites with 100 to 2,000 scrap tires, Ohio EPA's Scrap Tire Management Program invites eligible landowners to voluntarily participate in a Consensual Scrap Tire Removal Agreement. As part of this agreement, the state undertakes the collection, removal and proper disposal of up to 2,000 scrap tires of any size and other solid wastes at a property at no cost to the property owner. Ohio EPA hires contractors and often partners with local health departments to clean up the tires. Participating landowners sign an agreement, stating that they either inherited the property with scrap tires on it or were the victim of open dumping.

For more information about Ohio EPA's Scrap Tire Cleanup Program:
www.epa.ohio.gov/portals/34/document/guidance/gd_651.pdf

www.epa.ohio.gov/dsiwm/pages/tirepro.aspx

Updated 3/10

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