Coal Companies and Subsidiaries to Spend Estimated $200 Million on Treatment and System-wide Upgrades to Reduce Water Pollution

$27.5 Million Civil Penalty is Largest in History Under Section 402 of the Clean Water Act 

WASHINGTON – Alpha Natural Resources, Inc. (Alpha), one of the nation’s largest coal companies, Alpha Appalachian Holdings (formerly Massey Energy), and 66 subsidiaries have agreed to spend an estimated $200 million to install and operate wastewater treatment systems and to implement comprehensive, system-wide upgrades to reduce discharges of pollution from coal mines in Kentucky, Pennsylvania, Tennessee, Virginia, and West Virginia, the Department of Justice and the U.S. Environmental Protection Agency (EPA) announced today. Overall, the settlement covers approximately 79 active mines and 25 processing plants in these five states.

EPA estimates that the upgrades and advanced treatment required by the settlement will reduce discharges of total dissolved solids by over 36 million pounds each year, and will cut metals and other pollutants by approximately nine million pounds per year. The companies will also pay a civil penalty of $27.5 million for thousands of permit violations, which is the largest penalty in history under Section 402 of the Clean Water Act (CWA).

“This settlement is the result of state and federal agencies working together to protect local communities from pollution by enforcing the law,” said Cynthia Giles, Assistant Administrator of EPA’s Office of Enforcement and Compliance Assurance. “By requiring reforms and a robust compliance program, we are helping to ensure coal mining in Appalachia follows environmental laws that protect public health.”  

“The unprecedented size of the civil penalty in this settlement sends a strong deterrent message to others in this industry that such egregious violations of the nation's Clean Water Act will not be tolerated,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Today’s agreement is good news for communities across Appalachia, who have too often been vulnerable to polluters who disregard the law. It holds Alpha accountable and will bring increased compliance and transparency among Alpha and its many subsidiaries.”

In addition to paying the penalty, the companies must build and operate treatment systems to eliminate violations of selenium and salinity limits, and also implement comprehensive, system-wide improvements to ensure future compliance with the CWA. These improvements, which apply to all of Alpha’s operations in Appalachia, include developing and implementing an environmental management system and periodic internal and third-party environmental compliance audits.

The companies must also maintain a database to track violations and compliance efforts at each outfall, significantly improve the timeliness of responding to violations, and consult with third party experts to solve problem discharges. In the event of future violations, the companies will be required to pay stipulated penalties, which may be increased and, in some cases, doubled for continuing violations.

The government complaint alleged that, between 2006 and 2013, Alpha and its subsidiaries routinely violated limits in 336 of its state-issued CWA permits, resulting in the discharge of excess amounts of pollutants into hundreds of rivers and streams in Kentucky, Pennsylvania, Tennessee, Virginia, and West Virginia. The violations also included discharge of pollutants without a permit.

In total, EPA documented at least 6,289 violations of permit limits for pollutants that include iron, pH, total suspended solids, aluminum, manganese, selenium, and salinity. These violations occurred at 794 different discharge points, or outfalls. Monitoring records also showed that multiple pollutants were discharged in amounts of more than twice the permitted limit on many occasions. Most violations stemmed from the company’s failure to properly operate existing treatment systems, install adequate treatment systems, and implement appropriate water handling and management plans.

Today’s settlement also resolves violations of a prior 2008 settlement with Massey Energy, and applies to the facilities and sites formerly owned by the company. Under the 2008 settlement, Massey paid a $20 million penalty to the federal government for similar CWA violations, in addition to over a million dollars in stipulated penalties over the course of the next two years. Alpha purchased Massey in June 2011 and, since taking over the company, has been working cooperatively with the government in developing the terms of today’s settlement.

CWA permits allow for the discharge of certain pollutants in limited amounts to rivers, streams, and other water bodies. Permit holders are required to monitor discharges regularly and report results to the respective state agencies.

Alpha, headquartered in Bristol, Va., is one of the largest coal companies in the nation. Alpha operates more than 79 active coal mines and 25 coal preparation plants located throughout Kentucky, Pennsylvania, Tennessee, Virginia, West Virginia, and Wyoming. The Wyoming operations are not included in today’s settlement.

The States of West Virginia, Pennsylvania, and Kentucky are co-plaintiffs in today’s settlement. The U.S. will receive half of the civil penalty and the other half will be divided between the co-plaintiffs based on the number of violations in each state, as follows: West Virginia ($8,937,500), Pennsylvania ($4,125,000), and Kentucky ($687,500).

The consent decree, lodged in the U.S. District Court for the Southern District of West Virginia, is subject to a 30-day public comment period and approval by the federal court.

More information on the settlement: http://www2.epa.gov/enforcement/alpha-natural-resources-inc-settlement
More information on Clean Water Act Enforcement: http://www.epa.gov/compliance/civil/cwa/index.html

EPA Awards More than $500,000 to Schools to Help Reduce Children’s Exposure to Pesticides

Integrated pest management practices are shown to reduce pesticide use
WASHINGTON -- Today, the U.S. Environmental Protection Agency (EPA) announced three grants to facilitate integrated pest management practices in schools. This funding will help reduce student’s exposure to pests and pesticides in the nation’s schools, while saving money, energy and pesticide treatment costs.

“Children are among the most vulnerable members of our society, and it’s EPA’s job to protect them from harmful chemicals,” said James Jones, Assistant Administrator for the Office of Chemical Safety and Pollution Prevention. “We aim to help schools implement sustainable pest management practices to create a healthier environment for our children and teachers.”
Integrated Pest Management (IPM) reduces pesticide use, helps to eliminate pests and saves schools money. For example, 18 schools in Monroe County, Indiana have reduced both pesticide use and pest control costs by 90 percent using IPM practices. This approach has the potential to reach all 15,000 school districts and improve the health and well-being of the 49 million children attending public and tribal schools in the United States. 
IPM measures help prevent pests from becoming a threat by taking action to address the underlying causes that enable pests to thrive in schools. These actions, such as repairing water leaks, adding weather stripping to windows, and installing door sweeps, reduce pesticide use and treatment costs while reducing water and energy costs. The IPM common-sense approach is a stark contrast to conventional pest management in which an exterminator uses pesticides school-wide on a regular schedule, potentially exposing school children, teachers and staff to pesticides, with little emphasis on removing the underlying conditions that make it inviting to pests.
The three grants will be awarded to:
TheTexas A&M Agrilife Extension to develop a central, internet-based hub for materials and phone apps that will give school districts the information and tools they need to adopt an IPM program. While the project aims to reach 1 percent of schools (552,350 students) within three years, it has the potential to reach all of the 15,000 school districts nation-wide and the 49 million children attending US public schools.
The University of Arizona to develop and carry out a pilot training and certification program for school staff (custodians, kitchen staff, and school administrators) in eight states and four tribes, working with five other universities and stakeholders. Once finalized, the materials will be made available to schools nation-wide through partners.
The Michigan State University to help 5 percent of Michigan and Indiana schools adopt IPM through hands-on education, training and coalition-building, including web-based trainings and a website. About 135,000 children may be protected.
For additional information on the three funded grants and IPM in schools, visit: www.epa.gov/pestwise/ipminschools/grants. 
More information on IPM in schools can be found at www.epa.gov/pesticides/ipm.
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EPA, Sergeant’s Pet Care and Wellmark International Reach Agreement to Cancel Potentially Harmful Insecticide Products

WASHINGTON - The U.S. Environmental Protection Agency has reached agreement with Sergeant's Pet Care Products, Inc. and Wellmark International to cancel flea and tick pet collars containing propoxur marketed under the trade names including Bansect, Sentry, Zodiac and Biospot.

“This action is another example of EPA’s efforts to protect children from pesticide risks,” said Jim Jones, assistant administrator of the EPA’s Office of Chemical Safety and Pollution Prevention. This voluntary move will get to an expedient result that protects people’s health.”

This decision was reached between EPA and Sergeant's and Wellmark as a result of EPA’s risk assessment showing risks to children from exposure to pet collars containing propoxur. Propoxur is an insecticide registered for use to control ticks, fleas and a variety of insects and is used in industrial, commercial and residential facilities. The agreement represents the solution to most quickly remove the pet collars from the market.

EPA completed the propoxur pet collar risk assessment in fall 2013 in response to a Natural Resources Defense Council petition to cancel the uses. EPA’s risk assessment found, in some but not all use scenarios, unacceptable risks to children from exposure to propoxur pet collars on the first day following application. Because the manufacturers could not find a way to eliminate unacceptable risk under all scenarios, EPA encouraged them to cancel these products and they subsequently agreed.

EPA announced the voluntary cancellation on January 22, 2014. Under the cancellation agreement, manufacturers are allowed to produce the pet collars until April 1, 2015, and will not be allowed to distribute the products after April 1, 2016.EPA will continue to watch for incidents from the use of these collars and is prepared to take further action if necessary.

Flea and tick collars work by leaving a pesticide residue on dogs' and cats' fur, which can be transferred to people by hugging, petting or coming into contact with the pets. The major source of exposure to these chemicals is from absorption through the skin after directly touching the treated pet. Small children may ingest pesticide residues when they touch a treated cat or dog and subsequently put their hands in their mouth.

If you purchase a propoxur pet collar, read the label carefully and follow all directions on the label to protect your family from exposure. Do not allow children to play with the collar, and wash your hands thoroughly with soap and water after handling.

EPA Proposes New Safety Measures to Protect Farm Workers from Pesticide Exposure

WASHINGTON —Today, the U.S. Environmental Protection Agency (EPA) announced proposed revisions to the Worker Protection Standard in order to protect the nation’s two million farm workers and their families from pesticide exposure.

“Today marks an important milestone for the farm workers who plant, tend, and harvest the food that we put on our tables each day,” said Gina McCarthy, EPA Administrator. “EPA’s revised Worker Protection Standard will afford farm workers similar health protections to those already enjoyed by workers in other jobs. Protecting our nation’s farm workers from pesticide exposure is at the core of EPA’s work to ensure environmental justice.”

EPA is proposing significant improvements to worker training regarding the safe usage of pesticides, including how to prevent and effectively treat pesticide exposure. Increased training and signage will inform farm workers about the protections they are afforded under the law and will help them protect themselves and their families from pesticide exposure.

Workers and others near treated fields will now be protected from pesticide overspray and fumes. In addition, EPA has proposed that children under 16 be legally barred from handling all pesticides, with an exemption for family farms. These revisions protect workers while ensuring agricultural productivity and preserving the traditions of family farms.

This proposal represents more than a decade of extensive stakeholder input by federal and state partners and from across the agricultural community including farm workers, farmers, and industry on the current EPA Worker Protection Standard (WPS) for Agricultural Pesticides first established in 1992.

For more information on the EPA’s Proposed Worker Protection Standard:   http://www.epa.gov/oppfead1/safety/workers/proposed/index.html

TODAY: EPA to Hold a Press Conference Call to Discuss New Proposed Pesticide Safety Measures

WASHINGTON – Today, the U.S. Environmental Protection Agency (EPA) will hold a press conference call to discuss the agency’s proposed pesticide safety measures.

WHAT: Press teleconference to discuss EPA’s proposal.

WHO: Jim Jones, Assistant Administrator for EPA’s Office of Chemical Safety and Pollution Prevention

Amy Liebman, Director of Environmental and Occupational Health, Migrant Clinician’s Network

WHEN: Thursday, February 20, 2014, 2:30 p.m. Eastern Time

HOW: To participate, please use the following dial-in number:

Call-in number 1-(877) 290-8017

Conference Identification Code: 2445924

*** FOR CREDENTIALLED NEWS MEDIA ONLY***

***PLEASE DIAL IN 5-10 MINUTES BEFORE START OF THE CALL***

EPA Revises Permitting Guidance for Using Diesel Fuel in Oil and Gas Hydraulic Fracturing

WASHINGTON-- Today, the U.S. Environmental Protection Agency (EPA) released revised underground injection control (UIC) program permitting guidance for wells that use diesel fuels during hydraulic fracturing activities. EPA developed the guidance to clarify how companies can comply with a law passed by Congress in 2005, which exempted hydraulic fracturing operations from the requirement to obtain a UIC permit, except in cases where diesel fuel is used as a fracturing fluid.

EPA is issuing the guidance alongside an interpretive memorandum, which clarifies that class II UIC requirements apply to hydraulic fracturing activities using diesel fuels, and defines the statutory term diesel fuel by reference to five chemical abstract services registry numbers. The guidance outlines for EPA permit writers, where EPA is the permitting authority, existing class II requirements for diesel fuels used for hydraulic fracturing wells, and technical recommendations for permitting those wells consistently with these requirements. Decisions about permitting hydraulic fracturing operations that use diesel fuels will be made on a case-by-case basis, considering the facts and circumstances of the specific injection activity and applicable statutes, regulations and case law, and will not cite this guidance as a basis for decision.

Although developed specifically for hydraulic fracturing where diesel fuels are used, many of the guidance’s recommended practices are consistent with best practices for hydraulic fracturing in general, including those found in state regulations and model guidelines for hydraulic fracturing developed by industry and stakeholders. Thus, states and tribes responsible for issuing permits and/or updating regulations for hydraulic fracturing may find the recommendations useful in improving the protection of underground sources of drinking water and public health more broadly.

Responsible development of America’s unconventional oil and natural gas resources offers important economic, energy security, and environmental benefits. The EPA is working with states and other key stakeholders to help ensure that extraction of these resources does not come at the expense of public health and the environment. In particular, the EPA is moving forward on several initiatives, such as the diesel guidance, to provide regulatory clarity with respect to existing laws and using existing authorities where appropriate to enhance public health and environmental safeguards.

EPA released a draft of the guidance in May 2012 and held a 105 day public comment period to gain input on the guidance from a wide range of stakeholders.

To read the guidance, visit: http://water.epa.gov/type/groundwater/uic/class2/hydraulicfracturing/hydraulic-fracturing.cfm

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EPA Launches WaterSense H2Otel Challenge to Encourage Water Savings

National awareness campaign helps hotels save water and money, reduce greenhouse gas emissions

WASHINGTON – The U.S. Environmental Protection Agency (EPA) today launched the WaterSense H2Otel Challenge as a way for agency partners and other organizations to encourage hotels to use best management practices that will save water and money, while reducing greenhouse gas emissions that contribute to climate change. 

“Hotels that reduce their water use will not only help their community save precious resources, but can gain a competitive edge in today’s green marketplace,” said Nancy Stoner, acting assistant administrator for EPA’s Office of Water. “Since 2006, WaterSense has helped Americans save more than 487 billion gallons of water, and now we’re building on that success to help hotels take their sustainability efforts to the next level.”

From New York City’s Times Square to the Las Vegas strip, hotels across the country will take a pledge to “ACT”—assess, change, and track their water use in the following ways:

- Assess water use and savings opportunities throughout the hotel.

- Change products and processes to more water-efficient models and methods.

- Track water reduction progress before and after incorporating best management practices.

Caesars Entertainment is the first company to sign up for the H₂Otel Challenge.

“At Caesars Entertainment's resorts throughout the country, we know that sustaining our local water supply is as important as providing the best entertainment experience we can to our guests. Over the last few years we successfully implemented several water saving projects, such as adding low-flow showerheads and sink aerators at our Las Vegas resorts. We are excited to participate in the WaterSense H2Otel Challenge and to identify where we can make even greater improvement to our operations," said Eric Dominguez, Corporate Director of Engineering, Utilities and Environmental Affairs for Caesars Entertainment.

“Here in Las Vegas, the hospitality industry is critical to our local economy. Fortunately, our hotel and resort industry has long been a valuable partner in our successful efforts to improve water efficiency in the hospitality sector”, said Doug Bennett, Conservation Manager for the Southern Nevada Water Authority. “We are excited that some of our largest resorts will share their knowledge and participate in the H₂Otel Challenge.”

By tackling projects throughout their properties, hotels can find ways to improve their water efficiency and performance while providing the highest quality experience for guests. To help hotels make operational changes and meet growing customer demand for green lodging, EPA will initiate a series of educational webinars on February 13, 2014 and provide free tools based on the online guide, WaterSense at Work: Best Management Practices for Commercial and Institutional Facilities. WaterSense will also offer outreach materials for hotels to publicize their efforts and celebrate their successes with guests and employees.

For more information about the challenge, visit the WaterSense website at www.epa.gov/watersense/challenge.