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Apache Corporation to pay $4 million and reduce unlawful air pollution from oil and gas wells in New Mexico and Texas, eliminating more than 10,000 tons of harmful air pollutants annually

WASHINGTON – Apache Corporation (Apache) has agreed to pay $4 million in civil penalties and undertake projects expected to cost at least $5.5 million to ensure 422 of its oil and gas well pads in New Mexico and Texas comply with federal and state clean air regulations and offset past illegal emissions.

Apache’s agreement settles a civil suit, filed jointly by the United States, on behalf of the Environmental Protection Agency (EPA) and the New Mexico Environment Department (NMED), alleging that Apache failed to comply with federal and state requirements to capture and control air emissions from 23 of its oil and gas production operations in New Mexico and Texas. EPA and NMED identified the alleged violations through field investigations and repeated flyover surveillance conducted in 2019, 2020 and 2022.

Compliance with this robust settlement will result in annual reductions of more than 9,650 tons of Volatile Organic Compounds (VOCs) and 900 tons of methane, which equates to more than 25,000 tons of carbon dioxide (CO2). VOCs are a key component in the formation of ground-level ozone or smog, which irritates lungs, exacerbates diseases including asthma and can increase susceptibility to respiratory illnesses, such as pneumonia and bronchitis.

“Robust enforcement of Clean Air Act violations at oil and gas facilities protects communities from harmful smog and reduces methane emissions that are major contributors to global climate change,” said David M. Uhlmann, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s agreement demonstrates EPA’s commitment to working with our state partners to tackle climate change and improve air quality for everyone living in the United States.” 

“Today’s settlement will ensure compliance at hundreds of oil and gas facilities across New Mexico and Texas,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Under the settlement, over 400 Apache facilities will be required to take extensive steps to reduce emissions of volatile organic compounds – which contribute to smog – as well as methane gas, which is a significant contributor to climate change.”

“Noxious pollutants directly threaten the health of neighboring communities while propelling our world toward climate disaster,” said U.S. Attorney Alexander M.M. Uballez for the District of New Mexico. “I applaud the tireless efforts of the Department of Justice’s Environment and Natural Resources Division, the U.S. EPA and the NMED to protect our lungs and our earth. Environmental justice is a top priority for the Department of Justice and the U.S. Attorney’s Office for the District of New Mexico.”

“This settlement shows that oil and gas operators deserve greater scrutiny because too many are failing to comply with federal and state rules,” said New Mexico Environment Cabinet Secretary James Kenney. “As a result, bad actors will cause greater federal and state regulation of the entire oil and gas industry as ozone levels rise and public health suffers.”

The $4 million fine outlined in the settlement will be shared equally by the United States and the State of New Mexico, with New Mexico’s portion going to the state’s general fund. The settlement document (consent decree) was filed together with the complaint in the U.S. District Court for the District of New Mexico and requires the company to take numerous steps to ensure that 422 well pads covered by the consent decree and located in New Mexico and Texas are operated lawfully.

In addition to the $4 million fine, Apache will also spend at least $4.5 million to implement extensive design, operation, maintenance and monitoring improvements, including installing new tank pressure monitoring systems that will provide advance notification of potential emissions and allow for immediate response action by the company. Apache will also spend over $1 million to offset the harm caused by the alleged violations by replacing, on an accelerated schedule, more than 400 pollutant-emitting pneumatic devices with non-emitting devices.

Pound for pound, methane is approximately 28 times more powerful than carbon dioxide in terms of its impact on global warming. Accordingly, a reduction of 900 tons of annual methane reductions equates to more than 25,000 tons of CO2, akin to eliminating the use of more than 2.5 million gallons of gasoline annually. Greenhouse gases from human activities are a primary cause of climate change and global warming. This enforcement settlement furthers EPA’s commitment to deliver public health protections against climate-impacting pollution and other pollutants for communities across America and helps deliver on EPA’s top commitment in its strategic plan, which is to tackle the climate crisis.

The Clean Air Act requires the EPA to set National Ambient Air Quality Standards (NAAQS) for criteria pollutants that are considered harmful to public health and the environment. Ozone is a criteria pollutant that is created when oxides of nitrogen (NOx) and VOCs react in the atmosphere. VOCs and NOx are emitted by oil and gas production facilities, such as those operated by Apache. During the timeframes of Apache’s alleged violations, air quality monitors in the relevant counties in New Mexico registered rising ozone concentrations exceeding 95% of the NAAQS for ozone. In counties where ozone levels reach 95% of the NAAQS, NMED is required by New Mexico state statute to take action to reduce ozone pollution.

Apache Corporation is a wholly owned subsidiary of APA Corporation which is engaged in the exploration and development of oil and natural gas resources in the United States. Apache is a large producer in the Permian Basin, which is a shale oil and gas producing area located in southeast New Mexico and West Texas.

This settlement is part of EPA’s National Enforcement and Compliance Initiative, Mitigating Climate Change.

For more information about today’s settlement please visit the Apache Corporation Settlement webpage.

The Justice Department’s Environmental Enforcement Division lodged today’s proposed consent decree in the U.S. District Court for the District of New Mexico. The settlement is subject to a 30-day public comment period and final court approval. The consent decree will be available for viewing on the Justice Department’s website. The Federal Register notice will also include instructions for submitting public comment.

As part of President Biden’s American Climate Corps, USDA Launches New Working Lands Climate Corps to Train Future Conservation and Climate Leaders on Climate-Smart Agriculture

SAN DIEGO, Feb. 12, 2024 – The U.S. Department of Agriculture (USDA) today announced a new effort to train the next generation of conservation and climate leaders. As part of President Biden’s historic American Climate Corps initiative, the Working Lands Climate Corps will provide technical training and career pathway opportunities for young people, helping them deliver economic benefits through climate-smart agriculture solutions for farmers and ranchers across the country, now and in the future.

As part of President Biden’s American Climate Corps, USDA Launches New Working Lands Climate Corps to Train Future Conservation and Climate Leaders on Climate-Smart Agriculture

SAN DIEGO, Feb. 12, 2024 – The U.S. Department of Agriculture (USDA) today announced a new effort to train the next generation of conservation and climate leaders. As part of President Biden’s historic American Climate Corps initiative, the Working Lands Climate Corps will provide technical training and career pathway opportunities for young people, helping them deliver economic benefits through climate-smart agriculture solutions for farmers and ranchers across the country, now and in the future.

USDA Announces Complete Lineup of Plenary Sessions for the 100th Agricultural Outlook Forum

WASHINGTON, Feb. 12, 2024 - The United States Department of Agriculture announced today the full lineup of plenary sessions for its 100th Annual Agricultural Outlook Forum, titled “Cultivating the Future,” scheduled to take place on February 15-16, 2024 in Arlington, Virginia.

USDA Announces Complete Lineup of Plenary Sessions for the 100th Agricultural Outlook Forum

WASHINGTON, Feb. 12, 2024 - The United States Department of Agriculture announced today the full lineup of plenary sessions for its 100th Annual Agricultural Outlook Forum, titled “Cultivating the Future,” scheduled to take place on February 15-16, 2024 in Arlington, Virginia.

EPA Settles with Shipping Company over Claims of Clean Water Act Violations

SAN FRANCISCO – The U.S. Environmental Protection Agency (EPA) has settled with Crowley Global Ship Management over claims of violations of EPA’s Vessel General Permit, issued under the Clean Water Act. Under the terms of the settlements, Crowley will pay $248,500 in penalties for claims of violations by two of the company’s ships, the Ocean Grand and the Ocean Glory, involving untreated ballast water discharge, vessel inspections, and discharge monitoring.

“It’s a fundamental responsibility of ship owners and operators to properly manage what they discharge into our oceans,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “The Vessel General Permit is a key element of our nation’s Clean Water Act, and the failure of shipping companies to comply with permit requirements can significantly harm our nation’s already-challenged waters."

Crowley Global Ship Management is a privately-owned company headquartered in Jacksonville, Florida that owns and operates over 200 vessels, including the Ocean Grand and the Ocean Glory. Both vessels are general cargo ships that have been in operation since 2015. As non-recreational and non-military vessels over 79 feet that operate in waters of the United States, these vessels are subject to the Vessel General Permit.

Between January 2019 and August 2020, the Ocean Grand discharged untreated ballast water eight times in water subject to the VGP. The ship also failed to conduct comprehensive annual vessel inspections at least once every 12 months in 2020 and 2021. Under the settlement being announced today, Crowley has agreed to pay $111,250 in civil penalties. 

From May 2018 to September 2020, the Ocean Glory discharged untreated ballast water seven times. The ship also failed to report biological indicator compliance monitoring after a treated ballast water discharge in December 2021. In addition, the Ocean Glory failed to conduct comprehensive annual vessel inspections at least once every 12 months in 2018, 2019, and 2021. For these violations, Crowley has agreed to pay a civil penalty of $137,250.

Because the Clean Water Act relies on self-reporting of permittees, violations such as these related to failures or delays in inspection, monitoring, and reporting are serious and undermine the permit program. Vessel self-inspections are required as a means of identifying, for example, potential sources of spills, broken pollution prevention equipment, or other issues that might lead to permit violations. Self-inspections empower the owner or operator to diagnose and fix problems in a timely manner to remain compliant with the permit and with U.S. law.

In addition, it is important that ballast water discharges by ships be monitored to ensure that aquatic ecosystems are protected from discharges that contain pollutants. Invasive species are a persistent problem in U.S. coastal and inland waters. Improper management of ballast water can introduce invasive species or damage local species by disrupting habitats and increasing competitive pressure. Discharges of other waste streams regulated by the Vessel General Permit (e.g., graywater, exhaust gas scrubber water, lubricants, etc.) can cause toxic impacts to local species or contain pathogenic organisms.

EPA's settlements with Crowley Global Ship Management resolve claims of Clean Water Act violations and are subject to a 30-day public comment period prior to final approval. For more information and to submit comments, click here for the Ocean Grand and here for the Ocean Glory.

Learn more about EPA’s Vessel General Permit, Enforcement Alert, and Vessels, Marinas and Ports.

For more information on reporting possible violations of environmental laws and regulations, visit EPA’s enforcement reporting website.

Learn more about EPA’s Pacific Southwest Region. Connect with us on Facebook and on X.

EPA Fines Owens Corning for Alleged Hazardous Waste Violations at Kansas City, Kansas, Facility

LENEXA, KAN. (FEB. 12, 2024) – Owens Corning Insulating Systems LLC will pay $115,302 in civil penalties to resolve alleged violations of the federal Resource Conservation and Recovery Act and Kansas hazardous waste management regulations.

According to the U.S. Environmental Protection Agency (EPA), the company generates hazardous wastes at its fiberglass insulation facility in Kansas City, Kansas. During an EPA inspection in October 2022, the Agency determined that the company failed to comply with regulations intended to prevent releases of hazardous waste, including:

Failure to conduct and document determinations of hazardous waste at the facility.
Failure to notify the state when it generates new hazardous wastes.
Operating as a hazardous waste treatment, storage, and/or disposal facility without obtaining a required permit.
Failure to properly manage certain wastes at the facility.
“This settlement demonstrates EPA’s commitment to protect communities from releases of hazardous waste, especially those already burdened by historical pollution,” said David Cozad, director of EPA Region 7’s Enforcement and Compliance Assurance Division. “The Agency is also committed to leveling the playing field for companies that comply with federal law.”

EPA says that Owens Corning was previously fined by the Kansas Department of Health and Environment in 2017 for the same or similar violations. The Agency also reports that since the 2022 inspection, Owens Corning has taken the necessary steps to correct the violations and return to compliance.

EPA identified the community surrounding the Owens Corning facility as a potentially sensitive area because of exposures to diesel particulate matter, air toxics cancer risk, and hazardous waste proximity. EPA is strengthening enforcement in overburdened communities to address disproportionately high and adverse human health or environmental effects of industrial operations on vulnerable populations.

The Resource Conservation and Recovery Act creates the framework for the proper management of hazardous and non-hazardous solid waste.



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The City of Austin to Receive $1 Million from EPA’s Climate Pollution Reduction Grants

AUSTIN, TEXAS (February 12, 2024) – The U.S. Environmental Protection Agency has awarded the City of Austin $1 million from the agency’s Climate Pollution Reduction Grants program to develop climate action plans with new and innovative strategies that benefit local communities. The City of Austin’s Office of Sustainability will be the fiscal/fund manager and will be collaborating with partners across the region to ensure the process and delivery of these plans are aligned with previous projects. This award is made possible through President Biden’s Investing in America agenda which has made pivotal investments in public health for impacted communities across the nation.

“As part of the historic Inflation Reduction Act, EPA’s Climate Pollution Reduction Grants program is a critical part of the Biden-Harris Administration’s emphasis on climate resilience and environmental justice,” said Regional Administrator Dr. Earthea Nance. “Austin and Central Texas counties will be part of this $5 billion nationwide effort to help to states and local governments develop ambitious air monitoring plans to reduce harmful emissions in communities, especially in underserved areas.”

“I’m thrilled that communities across Central Texas will receive EPA’s Climate Pollution Reduction Grant,” said Congressman Greg Casar (TX-35). “In Texas, we’ve been devastated by the climate crisis already: from Winter Storm Uri, to historic floods, to wildfires. This funding from the Biden Administration will help our communities in the heart of Texas reduce greenhouse gas emissions and tackle the climate crisis head-on.”

“Austin has a bold vision for climate action. Federal funding provides some support for extending that vision across Central Texas to help reduce harmful greenhouse gas emissions and other air pollution. A cleaner, greener region for our families ensures healthier, happier lives. I will continue working in Congress with the EPA, the City of Austin, and all involved local partners to address the growing threat of the climate crisis and build lasting progress,” said Representative Lloyd Doggett (TX-37).

“We know that reducing the emissions that cause climate change is a challenge that extends beyond Austin’s city limits,” said Austin Mayor Kirk Watson. “Through this grant, we are excited to build on the great work that’s been done here in Austin in partnership with our neighboring counties.”

“The Environmental Protection Agency is a great partner in our fight against climate change. This is an issue that has impacted many families and businesses across Central Texas,” said Austin City Council Member Paige Ellis. “Central Texans are feeling the pain of extreme weather events wrought by climate change, from ice hurricanes to torrential floods to dangerous droughts to unprecedented snowstorms. Regional collaboration is imperative to tackle these issues that affect us all, and the EPA is pivotal in helping us be successful.”

With the help of the grant, the City of Austin will focus on completing three projects: the Priority Climate Action Plan (PCAP), the Comprehensive Climate Action Plan (CCAP), and the status report. The City of Austin has started by hiring temporary staff to form the Project Management (PM) team dedicated to overseeing the planning process and tracking the progress of each development. The PM team will draft quarterly reports, undertake technical analysis, provide background information, and will work with consultants on topics when necessary. The PCAP and CCAP are intended to build upon existing government plans such as the Austin Climate Equity Plan and the Travis County Climate Action Plan. The intended outcomes of these plans are to reduce emissions that cause climate change and achieve other benefits, such as improved compliance with the EPA’s National Ambient Air Quality Standards.

The City of Austin and Travis County’s greenhouse gas (GHG) inventories and latest emissions forecasts will serve as a starting point for the regional PCAP GHG analysis. The CCAP will build on the PCAP methods and findings and include an in-depth GHG analysis to develop additional quantified GHG reduction measures by evaluating the sector-level emissions and projecting near-term (2030) and long-term (2040) GHG emissions. To help prioritize GHG-reducing measures, the CCAP will also incorporate results from analyses of benefits, funding availability, authority to implement, and workforce planning.

To ensure there is meaningful engagement during these processes, the City of Austin will develop outreach efforts, including conducting monthly meetings with a Community Advisory and Stakeholder Advisory Group for input to reach disadvantaged communities, holding meetings with regional agencies to review measures developed for the PCAP and CCAP, and providing opportunities for broad engagement throughout the CCAP development to gain feedback from community members and partners across the region.

The overall timeline for each plan is in accordance with EPA’s timeline, with the PCAP complete by March 1, 2024, the CCAP by fall of 2025, and the final Status Report by fall of 2027.

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