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The U.S. Environmental Protection Agency has issued a cease and desist administrative order to Mark Allen and Vernon Feeders in Vernon, Texas, for violations of the federal Clean Water Act.

The cattle feeding operation, a non-permitted Concentrated Animal Feeding Operation (CAFO), is located in Vernon, off Highway 287, in Wilbarger County, Texas. The facility has been ordered to immediately stop all discharges of pollutants in storm water runoff from its animal confinement areas to Paradise Creek. The cattle feeding operation has been given 45 days to provide to EPA documentation that it has adequate capacity to contain all waste and process-generated wastewater plus storm water generated during a 25-year, 24-hour storm event. The facility has also been given 45 days to develop and implement a pollution prevention plan that includes procedures specifically designed to minimize the discharge of pollutants from its animal confinement areas.

In June 2008, EPA conducted an unannounced inspection of the facility. he inspection revealed that this facility is not properly designed, constructed, and operated to contain all waste and process-generated wastewater plus storm water runoff. The inspection also revealed an unauthorized discharge to Paradise Creek, a tributary of the Pease River. Paradise Creek flows about half-a-mile before it discharges to Pease River, which eventually discharges to the Red River.

Based on these findings, the owner and operator of the cattle feeding operation has been ordered to immediately take action to bring the facility into compliance with the Clean Water Act.

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Association signs first-of-its-kind agreement in nation with EPA and TCEQ

Keeping Texas waterways free of storm water pollution is the goal behind an agreement signed today by the Texas Association of Builders (TAB), Texas Commission on Environmental Quality (TCEQ), and Environmental Protection Agency.

The agreement is a national first and commits Texas home building companies to work together with the state and federal agencies to take steps to prevent storm water pollution.

“Small changes in the way builders do business can make a big difference when it comes to keeping pollution out of storm water,” said EPA Regional Administrator Richard E. Greene. “This project is another great example of how innovative partnerships between EPA, states, and businesses can lead to better ways to protect one of our most valuable liquid assets.”

Under the agreement, the three partners will work together on a pilot program to more fully educate, inform, and assist home builders with meeting federal and state storm water regulations.

Building new homes requires moving a lot of dirt, often tons. When it rains, dirt and other pollutants from construction sites can get swept into storm drains. This runoff generally flows untreated to the nearest waterway, which can lead to water quality problems and harm to fish and plants. Education and assistance with storm water controls can help home builders reduce storm water pollution.

“It is gratifying to see government and industry working together voluntarily to protect the environment,” said TCEQ Chairman Buddy Garcia. “This agreement will mean better compliance, and that means better protection of our precious water resources.”

Today’s agreement is expected to be another successful collaboration between the three agencies. Previously, more than 1,300 Texas builders received storm water compliance training through initiatives developed by TAB, TCEQ and EPA in 2005 and 2007. TAB members that complete training and a self-assessment checklist will be able to display the “Storm Water Self-Certified” sticker on construction permits as part of the agreement. Sites that display the certification sticker would be a lower priority for routine inspections.

“Our membership has worked diligently to comply with state and federal storm water regulations, and we are honored that our successful training partnership with the EPA and TCEQ has resulted in this historic agreement,” said Ron Connally, Texas Association of Builders first vice president. “TAB is committed to providing continuing education to Texas builders to help further reduce storm water runoff and protect the environment.”

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The Environmental Protection Agency has awarded $480,000 to the Texas Commission on Environmental Quality (TCEQ) to perform a survey of Texas’ rivers and streams as part of a comprehensive national survey. Functioning as a follow-up to the 2004 Wadeable Streams Assessment, the analysis will allow TCEQ to manage water quality by assessing river and stream conditions, building state capacity for monitoring and assessment, and promoting collaboration across jurisdictional boundaries. Working with EPA, TCEQ’s analysis will also help establish a national baseline for future environmental evaluations.

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The Environmental Protection Agency has awarded $20,678,580 to the Louisiana Department of Natural Resources (LDNR) to restore and protect the marshes at Whiskey Island in Terrebonne Parish. The Whiskey Island Back Barrier Marsh Creation, TE-50 project will serve several functions including the creation of a back barrier platform on which the island can migrate approximately 300 acres of coastal habitat, a minimum of three one-acre tidal ponds, 5,800 feet of tidal creeks, approximately 13,000 feet of dune, and vegetation of the completed project with smooth cordgrass. Under the guidelines of the Coastal Wetlands Planning, Protection and Restoration Act and in partnership with EPA Region 6, LDNR will implement projects that create, protect, restore and enhance wetlands in coastal Louisiana.

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The Environmental Protection Agency has awarded $21,375,446 to the Louisiana Department of Natural Resources (LDNR) to implement a project to restore and protect Louisiana’s coastal wetlands. The goal of the Mississippi River Sediment Delivery System project is to rebuild 493 acres of emergent marsh and help demonstrate the feasibility of using Mississippi River sediment as a resource in the restoration of marsh communities and transporting the sediment by pipeline. Under the guidelines of the Coastal Wetlands Planning, Protection and Restoration Act and in partnership with EPA Region 6, LDNR will implement projects that create, protect, restore and enhance wetlands in coastal Louisiana.

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The Environmental Protection Agency has awarded $379,140 to the Texas General Land Office (GLO) to monitor enterococcus bacteria levels in waters along the Texas Coast. Enterococcus bacteria, which thrive in waters contaminated by storm or sewage runoff, will be monitored by GLO’s Texas Beach Watch program. Utilizing grants appropriated by Congress in the Beaches Environmental Assessment and Coastal Health (BEACH) Act of 2000, the Texas Beach Watch program will work in conjunction with EPA to monitor pathogen indicators at all high use beaches in the state. The program will also be required to notify the public in the event these pathogen indicators are in excess of EPA recommended criteria.

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Officials from the Environmental Protection Agency (EPA) and Louisiana Department of Environmental Quality (LDEQ) will join local public officials and members of the community today to celebrate the completion of the cleanup at the Ruston Foundry Superfund site in Alexandria, Louisiana.

EPA and LDEQ have completed cleanup activities at the site and determined that no further cleanup action is needed to protect public health and the environment.

Getting property back into productive use is one of our highest priorities,” said EPA Regional Administrator Richard E. Greene. “Encouraging redevelopment, strengthening communities and energizing growth creates a proud legacy for everyone."

The Ruston Foundry site was an abandoned metal foundry that operated from 1908 until 1985 and is located in an urban area with mixed development within the city limits of Alexandria. Initial site operations began with clearing activities to open up the area for cleanup. Cleanup consisted of the demolition of old site buildings and foundations, as well as the removal of an underground storage tank and closure of onsite wells. Additional cleanup included the removal of asbestos-containing material and contaminated soil.

“This is a monumental occasion,” said DEQ Secretary Harold Leggett, Ph.D. “A one-time Superfund site that is now available to be put back into commerce. This is a great day for the state’s environment and for the business community of Alexandria. The completion of such a large project is an example of local, state and federal agencies teaming up to work for the betterment of the state.”

Now that the site has been cleaned for industrial use, Alexandria and the community may move forward with plans for redevelopment of the site and surrounding areas.

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City of Alexandria to Receive $200,000 to Support Revitalization Efforts

Today, the Environmental Protection Agency (EPA) presented the City of Alexandria, Louisiana, with a $200,000 ceremonial check for a community-wide Brownfields Hazardous Substances Assessment Grant. Funds from this grant will be used to set up a geographic information system inventory of sites in Alexandria, conduct environmental site assessments and support community outreach activities.

“EPA continues to use the brownfields program to stimulate environmental and economic success in our communities,” said EPA Regional Administrator Richard E. Greene. “This program is a great example of how federal and local groups can work together to turn contaminated properties into viable developments.”

Brownfields are vacant, abandoned or under-used properties with redevelopment potential that suffer from known or perceived environmental contamination.

Since its beginning in 1995, EPA’s brownfields program has grown into a proven, results-oriented program that has changed the way contaminated property is perceived, addressed and managed. EPA’s brownfields program is designed to empower states, communities and others involved in economic redevelopment to work together to assess, clean up and reuse brownfields. EPA’s brownfields program encourages redevelopment of America’s estimated 450,000 abandoned and contaminated waste sites. Nationally, brownfields assistance has attracted more than $11.3 billion in private investment, helped create more than 48,000 jobs and resulted in the assessment and cleanup of nearly 12,000 properties.

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The Environmental Protection Agency has awarded $643,112 to the City of Houston for measurement and analysis of volatile organic compound (VOC) air toxics emissions in the Houston Ship Channel area using DIAL (Differenntial Absorption LIDAR (Light Detection and Ranging)) technology.

DIAL uses laser light in conjunction with the unique chemical properties of ambient air pollutants to identify and quantify specific VOC concentrations through large air masses with a working range of over one kilometer. DIAL has the ability to identify and measure multiple air contaminants in a single measurement.

DIAL sampling is expected to take place from January to April 2009, with a final project report expected in June 2009. The results of the DIAL measurements will be used to identify previously unknown or underestimated emissions sources, validate emissions estimates and help prioritize potential emissions reduction opportunities.

EPA had previously awarded a $500,000 grant to Houston for a mobile ambient air monitoring laboratory which is currently in use. The grant for the DIAL project further demonstrates EPA';s support for data which Houston area stakeholders can consider in making decisions to achieve improved local air quality.

Additional information on EPA grants at http://www.epa.gov/region6/gandf/index.htm
More about activities in EPA Region 6 at http://www.epa.gov/region6

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The Environmental Protection Agency has awarded $100,000 to the Texas A&M College of Agriculture Life and Sciences to develop a database and real-time monitoring system in an attempt to control the cotton bollworm. The web-based, information delivery system will monitor and analyze the effectiveness of a pyrethroid insecticide when used on the cotton bollworm. Pyrethroid insecticides function as a toxin which paralyzes the insect. The project will allow landowners to decide if incorporating pyrethroid insecticides is beneficial to controlling these insects while protecting the environment.

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Today EPA announced its proposed approval of the Dallas-Fort Worth clean air plan. Combined with reductions from previous plans, this plan will improve the area's air quality by 55 percent over 1999 levels by reducing ozone pollution by a total of 409 tons per day. Dallas-Fort Worth's plan is the nation's first to gain proposed approval and meet the 8-hour federal health-based standards for ozone by 2010.

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Additional 40 tons of pollution cuts move plan across goal line.

EPA gathered local and state partners to announce its proposed approval of the Dallas-Fort Worth clean air plan today. Also, EPA announced that the area achieved the previous 1-hour ozone standard through the success of earlier plans.

Under the proposed plan, ozone forming pollutants will be reduced by 88 tons per day – about 40 tons more than the plan had first proposed.

Texas Commission on Environmental Quality Chairman Buddy Garcia and Regional Administrator Richard Greene joined with community leaders and businesses within the nine county non-attainment area to strengthen the original plan.

The clean air plan will improve air quality by more than 55% over 1999 levels. The plan in combination with previous plans is resulting in a total of 409 tons per day of ozone pollution reduction. Dallas-Fort Worth is the first community with a clean air plan that has been proposed for approval that meets the 8-hour federal health-based standard for ozone by 2010. The plan could not have come about without the all-out efforts of local and state partners.

Of note is the North Texas effort to capture more dollars from the popular Texas Emission Reduction Plan, known as TERP, last spring. In the last six months, the DFW area beat out all other areas, two to one, with a record setting $84 million in applications from the $110 million grant budget. Another funding opportunity is planned for this fall and North Texas is well positioned to repeat its success. As much as 14 tons per day of pollution could be cut through the replacement and retrofit of old diesel engines.

AirCheckTexas brought another $21 million to North Texas to repair and replace older vehicles which typically produce more emissions than newer models. This fall, another $21 million will be available to the DFW area from AirCheckTexas.

AirCheckTexas sponsors Senator Kip Averitt and Representative Dennis Bonnen knew the program would work. North Texas' success will help guarantee this program is available in the upcoming years.

Working with the NCTCOG, Dallas-Fort Worth Airport and Love Field joined the campaign for clean air by refining estimates of their operations' pollution emissions. New accurate information allowed EPA and Texas air quality modeling experts to certify pollution reductions totaling almost 10 tons per day.

North Texas is also leading the nation to reduce pollution from power plants in the nine county non-attainment area. All are subject to the strictest air pollution controls required for either commercial or municipal power plants in the country. Texas also committed to restrict the amount of pollution credits, technically referred to as Discrete Emission Reduction Credits or DERCs, cutting pollution by 17 tons a day.

New regulations on back-up generators used by business and industry provided for some air quality improvements, about one ton per day. Other measures improved information used by EPA modeling experts in evaluating the plan. Better inventories of gas compressors showed their wide-spread use and resulted in an increase of three tons per day. New regulations adopted to control emissions from gas compressor engines will further improve air quality in the region.

The Dallas-Fort Worth clean air plan, referred to as the State Implementation Plan (SIP), will be published in the Federal Register for public review and comment. EPA will consider all relevant information submitted during the 30-day comment period and may modify its decision to approve the plan based on new information.

EPA';s proposed approval is conditional. Texas must finalize regulations to formally reduce the amount of discrete emission credits available in the nine county non-attainment area.

The Dallas-Fort Worth area currently does not meet the federal air quality standard for ozone, which is a harmful air pollutant. Ozone forms when emissions from sources such as vehicles and industry mix with sunlight. On-road and off-road vehicles and equipment make up about 70 percent of the ozone sources in the DFW area.

The AirCheckTexas Drive a Clean Machine Program is designed to help car owners comply with ozone emissions standards. It targets the highest polluting vehicles by offering financial incentives to repair or remove them from roadways, and allows citizens to contribute to the regional air quality solution.

The Texas Emissions Reduction Plan (TERP) provides financial assistance to offset the incremental costs associated with reducing emissions of nitrogen oxides (NOx) from heavy-duty diesel engines. NOx are one of the primary components of ground-level ozone, or smog. TERP serves as a national model for replacing and retrofitting older diesel engines and is managed by the Texas Commission on Environmental Quality.