Thursday, June 30, 2016

News Clippings 6/301/16

State

 

Ridgeland receives grant for bottle filler

Madison County Journal

The Mississippi Department of Environmental Quality announced last week that they have issued grants to two Madison County cities to use in waste management programs. http://onlinemadison.com/Content/Default/News/Article/Ridgeland-receives-grant-for-bottle-filler/-3/592/38178

 

Watch for water hazards at beaches, lakes

Daily Journal

TUPELO – Water hazards aren’t just for the golf course.

At salt water beaches along the Gulf of Mexico, fresh water lakes or pools, swimmers need to watch out for disease-causing germs in the water.

http://djournal.com/news/watch-water-hazards-beaches-lakes/

 

Despite reports of flesh-eating bacteria, only one MS beach flagged with warning

WBRZ

GULFPORT, Mississippi - Data available on the Mississippi Department of Environmental Quality website indicates only one beach on the Mississippi Gulf Coast is flagged with an advisory due to probable high bacteria levels.

http://www.wbrz.com/news/despite-reports-of-flesh-eating-bacteria-only-one-ms-beach-flagged-with-warning/

 

Municipal League draws crowds, praise

DeSoto Times-Tribune

There's a lot of running involved at a Mississippi Municipal League Conference: scurrying to make it to sessions on new state and federal rules affecting cities, to Certified Municipal Official classes for professional growth to better run a city, and in-between running new ideas up the peer flagpole. Sometimes there's just plain running.

…The funds will be used to identify environmentally tainted sites for a Mississippi Redevelopment Act program that encourages private-sector developers to clean up and reuse inactive properties, bringing them back as job and tax revenue producers. Mississippi Department of Environmental Quality officials say the law's benefit to developers is that when cleanup work is bid, the developer qualifies for up to 2.5 times the value of the work in reimbursement through rebates of city and state sales taxes. Hernando has used an earlier brownfields grant to to help redevelop two old, idle garage properties north of the courthouse square. Also drawing good reviews was a session on possible city uses of mobile "smart phone apps" to inform the public. Use of the internet and cell phone technology "has been something we as a city have been comfortable with for some time," said Johnson.

http://www.desototimes.com/news/municipal-league-draws-crowds-praise/article_cee2c2e2-3e46-11e6-8927-d7cac437c9c5.html

 

UNOPENED E-MAIL RAISES QUESTIONS ABOUT CITY’S SLUDGE-HAULING CONTRACT

Northside Sun

Questions remain about the city of Jackson’s recent awarding of a $13.7 million sludge-hauling contract.

 

http://northsidesun.com/news/unopened-e-mail-raises-questions-about-city%E2%80%99s-sludge-hauling-contract#sthash.l5zg2rFi.dpbs

 

 

Mississippi promotes Deer Island but won’t provide ferry

Sun Herald

Mississippi owns all but 17 acres of Deer Island, and Secretary of State Delbert Hosemann said Wednesday, “You can go to your own island.”

http://www.sunherald.com/news/local/counties/harrison-county/article86751812.html

 

 

BRAD YOUNG ON WILDLIFE FEDERATION

Northside Sun

Brad Young is executive director for the Mississippi Wildlife Federation in Madison. The Madison resident holds bachelor’s and master’s degrees from Mississippi State University. Prior to joining the federation, Young was the black bear program leader for the Mississippi Department of Wildlife, Fisheries and Parks. He recently spoke to Sun Staff Writer Anthony Warren about the federation.

 

http://northsidesun.com/front-page-slideshow-news/brad-young-wildlife-federation#sthash.PDlv9xtn.dpbs

 

House approves rainy day fund spending, ends session

Clarion Ledger

After several hours of partisan debate, the House approved a measure to allow Gov. Phil Bryant to dip further into the rainy day fund to cover shortfalls for the budget year that ends Thursday, ending a two-day special session.

http://www.clarionledger.com/story/news/politics/2016/06/29/house-special-session/86506512/

 

 

 

 

Oil Spill

 

Auditor Jim Zeigler claims funding for Alabama Gulf park project 'unlawful'

Al.com

State Auditor Jim Zeigler wants to join a lawsuit filed by former state Conservation Commissioner Charles Grimsley challenging the use of BP funds to  build a new lodge, conference center, and other improvements at Alabama's Gulf State Park.

http://www.al.com/news/index.ssf/2016/06/auditor_jim_zeigler_claims_fun.html

 

Regional

 

Arsenic, other toxins found at three Georgia Power plants

AJC

Georgia Power said it found arsenic and other toxic chemicals in a handful of test wells near coal ash ponds at three of its power plants near Newnan, Rome and Savannah.

http://www.ajc.com/news/business/arsenic-other-toxins-found-at-three-georgia-power-/nrp8R/

 

National

 

Senate Gives Go-Ahead on Brownfields Boost

Bloomberg

The Senate passed legislation by unanimous consent to reauthorize the Environmental Protection Agency's brownfields program and increase grant resources for remediation.

http://www.bna.com/senate-gives-goahead-n57982076290/

 

Virgin Islands withdraws climate subpoena against Exxon

The Hill

The Virgin Islands agreed Wednesday to withdraw a contentious subpoena it had filed probing decades of Exxon Mobil Corp.’s research and advocacy on climate change.

http://thehill.com/policy/energy-environment/286065-virgin-islands-withdraws-climate-subpoena-against-exxon

 

 

 

Opinion

 

Editorial: EPA compliance gives Memphis an important breath of fresh air

Commercial Appeal

It has been a long time coming, but having the U.S. Environmental Protection Agency declare Shelby County in compliance with federal smog standards is great news for several reasons.

http://www.commercialappeal.com/opinion/editorials/editorial-epa-compliance-gives-memphis-an-important-breath-of-fresh-air-36725f40-a0db-4b61-e053-0100-384961451.html

 

Press Releases

 

USDA/NRCS Soil Health Initiative in Mississippi

 

Jackson, Miss. – The United States Department of Agriculture / Natural Resources Conservation

Service (NRCS), has established a new statewide soil initiative that focuses on building soil

health and productivity.

Mississippi cropland, forestlands, and pasturelands are eligible for this initiative.

 

This initiative will assist to improve the visibility, accessibility and participation in

NRCS soil health programs and technical services. These programs help to reduce

the carbon footprint, increase water infiltration and improve wildlife habitat, all

while helping farmers realize better crop yields.

 

“As the world population grows, so does the demand for food production,”

stated Kurt Readus, NRCS State Conservationist in Mississippi.  “A growing

number of farmers are using soil health management systems to improve the

health and functions of their soil.”

 

More farmers are increasing their soil’s organic matter and improving microbial

activity by practicing good soil health principles.  The top resource concerns in

Mississippi are: sediment, nutrients, soil erosion and compaction, soil quality,

water quality, and water supply.  Farmers are addressing these concerns by

practicing diverse crop rotation, planting diverse species and reducing tillage.

 

We recognize the growing interest in soil health management,” stated Readus.

With this new initiative, we hope to see more implementation of conservation

practices that support soil health.”

 

Landowners interested in participating in the Soil Health Initiative may apply

at their local USDA Service Center / NRCS office. NRCS financial-assistance

programs offer a continuous sign-up; however, applications received by

July 15, 2016, will be considered for funding in the second ranking period.

To locate the nearest NRCS office: http://offices.sc.egov.usda.gov/locator/app.

 

#

 

 

Wednesday, June 29, 2016

FW: News Clippings 6/29/16

I apologize if you are receiving this twice or not at all the first time.  Still working out group lists bugs. 

 

State

 

Chemical Safety Board sending team to investigate natural gas fire in Pascagoula

Mississippi Press

ASHINGTON, D.C. -- An investigative team from the U.S. Chemical Safety Board (CSB) is on its way Pascagoula to study the scene of the blaze that erupted at the Enterprises Product Partners late Monday night. 

http://blog.gulflive.com/mississippi-press-news/2016/06/chemical_safety_board_sending.html#incart_river_index

 

OSHA never inspected gas plant where explosion happened, facility had 3 EPA violations

Fox 10

MOSS POINT, MISS. -Environmental Protection Agency (EPA) records show three past violations in the last two years against the Enterprise Products gas plant in Moss Point, Miss., where an explosion rattled the community Monday night.

http://www.fox10tv.com/story/32329923/osha-never-inspected-gas-plant-where-explosion-happened-facility-had-3-epa-violations

 

Solar farm shines in Houston

Daily Journal

HOUSTON – It was a cloudy day, but there were plenty of sunny smiles as the ceremonial switch was flipped on the Silicon Ranch Solar Farm north of Houston.

http://djournal.com/news/solar-farm-shines-houston/

 

Session to plug budget holes will require second day

By Bobby Harrison
Daily Journal Jackson Bureau

JACKSON – Efforts to give Gov. Phil Bryant unlimited authority during the final three days of the current fiscal year to plug budget holes will require more than a one-day special session.

https://djournal.com/news/session-plug-budget-holes-will-require-second-day/

 

Regional

 

Gulf Coast Beach Advisories: Latest on Alabama, Florida, Mississippi, Louisiana, Texas water

Al.com

With crowds heading to the beach this summer, officials in several states along the Gulf Coast are issuing warnings due to harmful bacteria in the water that can result in disease, infection or rashes.

http://www.al.com/news/index.ssf/2016/06/beach_advisories_along_gulf_co.html

 

As smell, sight of algae persists in TCoast, public demands solutions

Palm Beach Post

STUART — After listening for three hours of cantankerous, impatient and frustrated complaints from local residents, the Martin County Commission on Tuesday now wants the Army Corps of Engineers to close the locks between Lake Okeechobee and the St. Lucie River.

http://www.palmbeachpost.com/news/news/local/standing-room-only-crowd-vents-about-statewide-alg/nrpHt/

 

New administrators take over Georgia’s top environmental agency

AJC

New administrators officially took the reins of Georgia’s top environmental agency on Tuesday, with longtime state bureaucrat Richard Dunn formally appointed as director of the state’s Environmental Protection Division.

http://www.ajc.com/news/news/state-regional-govt-politics/new-administrators-take-over-georgias-top-environm/nrpNN/

 

National

 

Auto Makers Turn to New Refrigerants to Hit EPA Standards

Industry pushes to get emissions credits for making gains to A/C, brakes, wiring

WSJ

Newer air conditioners are playing an outsize role helping auto makers earn credits toward meeting federal fuel-economy standards, prompting more to adopt cutting edge refrigerants while calling on regulators to let other commonplace parts get similar treatment.

http://www.wsj.com/articles/auto-makers-turn-to-new-refrigerants-to-hit-epa-standards-1467192601

 

Volkswagen to Pay Up to $14.7 Billion to Settle Diesel-Emissions Claims

The settlement comprises vehicle buybacks or fixes

WSJ

Federal officials made clear Tuesday that Volkswagen AG’s deal to pay up to $14.7 billion to settle emissions-cheating claims with U.S. consumers and regulators won’t end the auto giant’s woes—nor stop scrutiny of other car makers.

http://www.wsj.com/articles/volkswagen-to-pay-up-to-14-7-billion-to-settle-diesel-emissions-claims-1467117548

 

5,300 U.S. water systems are in violation of lead rules

CNN

Eighteen million Americans live in communities where the water systems are in violation of the law. Moreover, the federal agency in charge of making sure those systems are safe not only knows the issues exist, but it's done very little to stop them, according to a new report and information provided to CNN by multiple sources and water experts.

http://www.cnn.com/2016/06/28/us/epa-lead-in-u-s-water-systems/

 

Press Releases

 

Volkswagen to Spend Up to $14.7 Billion to Settle Allegations of Cheating Emissions Tests and Deceiving Customers on 2.0 Liter Diesel Vehicles
Settlements Require VW to Spend up to $10 Billion to Buyback, Terminate Leases, or Modify Affected 2.0 Liter Vehicles and Compensate Consumers, and Spend $4.7 Billion to Mitigate Pollution and Make Investments that Support Zero-Emission Vehicle Technology

WASHINGTON – In two related settlements, one with the United States and the State of California, and one with the U.S. Federal Trade Commission (FTC), German automaker Volkswagen AG and related entities have agreed to spend up to $14.7 billion to settle allegations of cheating emissions tests and deceiving customers. Volkswagen will offer consumers a buyback and lease termination for nearly 500,000 model year 2009-2015 2.0 liter diesel vehicles sold or leased in the U.S., and spend up to $10.03 billion to compensate consumers under the program. In addition, the companies will spend $4.7 billion to mitigate the pollution from these cars and invest in green vehicle technology.

The settlements partially resolve allegations by the Environmental Protection Agency (EPA), as well as the California Attorney General’s Office and the California Air Resources Board (CARB) under the Clean Air Act, California Health and Safety Code, and California’s Unfair Competition Laws, relating to the vehicles’ use of “defeat devices” to cheat emissions tests.  The settlements also resolve claims by the FTC that Volkswagen violated the FTC Act through the deceptive and unfair advertising and sale of its “clean diesel” vehicles. The settlements do not resolve pending claims for civil penalties or any claims concerning 3.0 liter diesel vehicles.  Nor do they address any potential criminal liability.

The affected vehicles include 2009 through 2015 Volkswagen TDI diesel models of Jettas, Passats, Golfs and Beetles as well as the TDI Audi A3.

“Today’s settlement restores clean air protections that Volkswagen so blatantly violated,” said EPA Administrator Gina McCarthy. “And it secures billions of dollars in investments to make our air and our auto industry even cleaner for generations of Americans to come. This agreement shows that EPA is committed to upholding standards to protect public health, enforce the law, and to find innovative ways to protect clean air.”

“By duping the regulators, Volkswagen turned nearly half a million American drivers into unwitting accomplices in an unprecedented assault on our atmosphere,” said Deputy Attorney General Sally Q. Yates.  “This partial settlement marks a significant first step towards holding Volkswagen accountable for what was a breach of its legal duties and a breach of the public’s trust.  And while this announcement is an important step forward, let me be clear, it is by no means the last.  We will continue to follow the facts wherever they go.”

“Today’s announcement shows the high cost of violating our consumer protection and environmental laws,” said FTC Chairwoman Edith Ramirez. “Just as importantly, consumers who were cheated by Volkswagen’s deceptive advertising campaign will be able to get full and fair compensation, not only for the lost or diminished value of their car but also for the other harms that VW caused them.”

According to the civil complaint against Volkswagen filed by the Justice Department on behalf of EPA on January 4, 2016, Volkswagen allegedly equipped its 2.0 liter diesel vehicles with illegal software that detects when the car is being tested for compliance with EPA or California emissions standards and turns on full emissions controls only during that testing process. During normal driving conditions, the software renders certain emission control systems inoperative, greatly increasing emissions. This is known as a “defeat device.”  Use of the defeat device results in cars that meet emissions standards in the laboratory, but emit harmful NOx at levels up to 40 times EPA-compliant levels during normal on-road driving conditions.  The Clean Air Act requires manufacturers to certify to EPA that vehicles will meet federal emission standards.  Vehicles with defeat devices cannot be certified.

The FTC sued Volkswagen in March, charging that the company deceived consumers with the advertising campaign it used to promote its supposedly “clean diesel” VWs and Audis, which falsely claimed that the cars were low-emission, environmentally friendly, met emissions standards and would maintain a high resale value.

The settlements use the authorities of both the EPA and the FTC as part of a coordinated plan that gets the high-polluting VW diesels off the road, makes the environment whole, and compensates consumers.

The settlements require Volkswagen to offer owners of any affected vehicle the option to have the company buy back the car and to offer lessees a lease cancellation at no cost. Volkswagen may also propose an emissions modification plan to EPA and CARB, and if approved, may also offer owners and lessees the option of having their vehicles modified to substantially reduce emissions in lieu of a buyback.  Under the U.S./California settlement, Volkswagen must achieve an overall recall rate of at least 85% of affected 2.0 liter vehicles under these programs or pay additional sums into the mitigation trust fund.  The FTC order requires Volkswagen to compensate consumers who elect either of these options.

Volkswagen must set aside and could spend up to $10.03 billion to pay consumers in connection with the buy back, lease termination, and emissions modification compensation program. The program has different potential options and provisions for affected Volkswagen diesel owners depending on their circumstances:

Buyback option: Volkswagen must offer to buy back any affected 2.0 liter vehicle at  their retail value as of September 2015 -- just prior to the public disclosure of the emissions issue. Consumers who choose the buyback option will receive between $12,500 and $44,000, depending on their car’s model, year, mileage, and trim of the car, as well as the region of the country where it was purchased. In addition, because a straight buyback will not fully compensate consumers who owe more than their car is worth due to rapid depreciation, the FTC order provides these consumers with an option to have their loans forgiven by Volkswagen.  Consumers who have third party loans have the option of having Volkswagen pay off those  loans, up to 130 percent of the amount a consumer would be entitled to under the buyback (e.g., if the consumer is entitled to a $20,000 buyback, VW would pay off his/her loans up to a cap of $26,000).

EPA-approved modification to vehicle emissions system: The settlements also allow Volkswagen to apply to EPA and CARB for approval of an emissions modification on the affected vehicles, and, if approved, to offer consumers the option of keeping their cars and having them modified to comply with emissions standards.  Under this option in accordance with the FTC order, consumers would also receive money from Volkswagen to redress the harm caused by VW’s deceptive advertising.

Consumers who leased the affected cars will have the option of terminating their leases (with no termination fee) or having their vehicles modified if a modification becomes available.  In either case, under the FTC order, these consumers also will receive additional compensation from Volkswagen for the harm caused by VW’s deceptive advertising.  Consumers who sold their TDI vehicles after the VW defeat device issue became public may be eligible for partial compensation, which will be split between them and the consumers who purchased the cars from them as set forth in the FTC order.

Eligible consumers will receive notice from VW after the orders are entered by the court this fall. Consumers will be able to see if they are eligible for compensation and if so, what options are available to them, at VWCourtSettlement.com and AudiCourtSettlement.com. They will also be able to use these websites to make claims, sign up for appointments at their local Volkswagen or Audi dealers and receive updates.  Consumer payments will not be available until the settlements take effect if and when approved by the court, which may be as early as October 2016.

Emissions Reduction Program: The settlement of the company’s Clean Air Act violations also requires Volkswagen to pay $2.7 billion to fund projects across the country that will reduce emissions of NOx where the 2.0 liter vehicles were, are or will be operated. Volkswagen will place the funds into a mitigation trust over three years, which will be administered by an independent trustee.  Beneficiaries, which may include states, Puerto Rico, the District of Columbia, and Indian tribes, may obtain funds for designated NOx reduction projects upon application to the Trustee. Funding for the designated projects is expected to fully mitigate the NOx these 2.0 liter vehicles have and will emit in excess of EPA and California standards.

The emissions reduction program will help reduce NOx pollution that contributes to the formation of harmful smog and soot, exposure to which is linked to a number of respiratory- and cardiovascular-related health effects as well as premature death. Children, older adults, people who are active outdoors (including outdoor workers), and people with heart or lung disease are particularly at risk for health effects related to smog or soot exposure. NO2 formed by NOx emissions can aggravate respiratory diseases, particularly asthma, and may also contribute to asthma development in children.

Zero Emissions Technology Investments: The Clean Air Act settlement also requires VW to invest $2 billion toward improving infrastructure, access and education to support and advance zero emission vehicles. The investments will be made over 10 years, with $1.2 billion directed toward a national EPA-approved investment plan and $800 million directed toward a California-specific investment plan that will be approved by CARB.  As part of developing the national plan, Volkswagen will solicit and consider input from interested states, cities, Indian tribes and federal agencies. This investment is intended to address the adverse environmental impacts from consumers’ purchases of the 2.0 liter vehicles, which the governments contend were purchased under the mistaken belief that they were lower emitting vehicles.

FTC’s Injunctive Relief: The FTC settlement includes injunctive provisions to protect consumers from deceptive claims in the future.  These provisions prohibit Volkswagen from making any misrepresentations that would deceive consumers about the environmental benefits or value of its vehicles or services, and the order specifically bans VW from employing any device that could be used to cheat on emissions tests.

The provisions of the U.S./California settlement are contained in a proposed consent decree filed today in the U.S. District Court for the Northern District of California, as part of the ongoing multi-district litigation, and will be subject to public comment period of 30 days, which will be announced in the Federal Register in the coming days.  The provisions of the FTC settlement are contained in a proposed Stipulated Final Federal Court Order filed today in the same court.

To view the consent decree, visit: www.justice.gov/enrd/consent-decrees

For more information, visit: https://www.epa.gov/enforcement/volkswagen-clean-air-act-partial-settlement

 

News Clippings 6/29/16

State

 

Chemical Safety Board sending team to investigate natural gas fire in Pascagoula

Mississippi Press

ASHINGTON, D.C. -- An investigative team from the U.S. Chemical Safety Board (CSB) is on its way Pascagoula to study the scene of the blaze that erupted at the Enterprises Product Partners late Monday night. 

http://blog.gulflive.com/mississippi-press-news/2016/06/chemical_safety_board_sending.html#incart_river_index

 

OSHA never inspected gas plant where explosion happened, facility had 3 EPA violations

Fox 10

MOSS POINT, MISS. -Environmental Protection Agency (EPA) records show three past violations in the last two years against the Enterprise Products gas plant in Moss Point, Miss., where an explosion rattled the community Monday night.

http://www.fox10tv.com/story/32329923/osha-never-inspected-gas-plant-where-explosion-happened-facility-had-3-epa-violations

 

Solar farm shines in Houston

Daily Journal

HOUSTON – It was a cloudy day, but there were plenty of sunny smiles as the ceremonial switch was flipped on the Silicon Ranch Solar Farm north of Houston.

http://djournal.com/news/solar-farm-shines-houston/

 

Session to plug budget holes will require second day

By Bobby Harrison
Daily Journal Jackson Bureau

JACKSON – Efforts to give Gov. Phil Bryant unlimited authority during the final three days of the current fiscal year to plug budget holes will require more than a one-day special session.

https://djournal.com/news/session-plug-budget-holes-will-require-second-day/

 

Regional

 

Gulf Coast Beach Advisories: Latest on Alabama, Florida, Mississippi, Louisiana, Texas water

Al.com

With crowds heading to the beach this summer, officials in several states along the Gulf Coast are issuing warnings due to harmful bacteria in the water that can result in disease, infection or rashes.

http://www.al.com/news/index.ssf/2016/06/beach_advisories_along_gulf_co.html

 

As smell, sight of algae persists in TCoast, public demands solutions

Palm Beach Post

STUART — After listening for three hours of cantankerous, impatient and frustrated complaints from local residents, the Martin County Commission on Tuesday now wants the Army Corps of Engineers to close the locks between Lake Okeechobee and the St. Lucie River.

http://www.palmbeachpost.com/news/news/local/standing-room-only-crowd-vents-about-statewide-alg/nrpHt/

 

New administrators take over Georgia’s top environmental agency

AJC

New administrators officially took the reins of Georgia’s top environmental agency on Tuesday, with longtime state bureaucrat Richard Dunn formally appointed as director of the state’s Environmental Protection Division.

http://www.ajc.com/news/news/state-regional-govt-politics/new-administrators-take-over-georgias-top-environm/nrpNN/

 

National

 

Auto Makers Turn to New Refrigerants to Hit EPA Standards

Industry pushes to get emissions credits for making gains to A/C, brakes, wiring

WSJ

Newer air conditioners are playing an outsize role helping auto makers earn credits toward meeting federal fuel-economy standards, prompting more to adopt cutting edge refrigerants while calling on regulators to let other commonplace parts get similar treatment.

http://www.wsj.com/articles/auto-makers-turn-to-new-refrigerants-to-hit-epa-standards-1467192601

 

Volkswagen to Pay Up to $14.7 Billion to Settle Diesel-Emissions Claims

The settlement comprises vehicle buybacks or fixes

WSJ

Federal officials made clear Tuesday that Volkswagen AG’s deal to pay up to $14.7 billion to settle emissions-cheating claims with U.S. consumers and regulators won’t end the auto giant’s woes—nor stop scrutiny of other car makers.

http://www.wsj.com/articles/volkswagen-to-pay-up-to-14-7-billion-to-settle-diesel-emissions-claims-1467117548

 

5,300 U.S. water systems are in violation of lead rules

CNN

Eighteen million Americans live in communities where the water systems are in violation of the law. Moreover, the federal agency in charge of making sure those systems are safe not only knows the issues exist, but it's done very little to stop them, according to a new report and information provided to CNN by multiple sources and water experts.

http://www.cnn.com/2016/06/28/us/epa-lead-in-u-s-water-systems/

 

Press Releases

 

Volkswagen to Spend Up to $14.7 Billion to Settle Allegations of Cheating Emissions Tests and Deceiving Customers on 2.0 Liter Diesel Vehicles
Settlements Require VW to Spend up to $10 Billion to Buyback, Terminate Leases, or Modify Affected 2.0 Liter Vehicles and Compensate Consumers, and Spend $4.7 Billion to Mitigate Pollution and Make Investments that Support Zero-Emission Vehicle Technology

WASHINGTON – In two related settlements, one with the United States and the State of California, and one with the U.S. Federal Trade Commission (FTC), German automaker Volkswagen AG and related entities have agreed to spend up to $14.7 billion to settle allegations of cheating emissions tests and deceiving customers. Volkswagen will offer consumers a buyback and lease termination for nearly 500,000 model year 2009-2015 2.0 liter diesel vehicles sold or leased in the U.S., and spend up to $10.03 billion to compensate consumers under the program. In addition, the companies will spend $4.7 billion to mitigate the pollution from these cars and invest in green vehicle technology.

The settlements partially resolve allegations by the Environmental Protection Agency (EPA), as well as the California Attorney General’s Office and the California Air Resources Board (CARB) under the Clean Air Act, California Health and Safety Code, and California’s Unfair Competition Laws, relating to the vehicles’ use of “defeat devices” to cheat emissions tests.  The settlements also resolve claims by the FTC that Volkswagen violated the FTC Act through the deceptive and unfair advertising and sale of its “clean diesel” vehicles. The settlements do not resolve pending claims for civil penalties or any claims concerning 3.0 liter diesel vehicles.  Nor do they address any potential criminal liability.

The affected vehicles include 2009 through 2015 Volkswagen TDI diesel models of Jettas, Passats, Golfs and Beetles as well as the TDI Audi A3.

“Today’s settlement restores clean air protections that Volkswagen so blatantly violated,” said EPA Administrator Gina McCarthy. “And it secures billions of dollars in investments to make our air and our auto industry even cleaner for generations of Americans to come. This agreement shows that EPA is committed to upholding standards to protect public health, enforce the law, and to find innovative ways to protect clean air.”

“By duping the regulators, Volkswagen turned nearly half a million American drivers into unwitting accomplices in an unprecedented assault on our atmosphere,” said Deputy Attorney General Sally Q. Yates.  “This partial settlement marks a significant first step towards holding Volkswagen accountable for what was a breach of its legal duties and a breach of the public’s trust.  And while this announcement is an important step forward, let me be clear, it is by no means the last.  We will continue to follow the facts wherever they go.”

“Today’s announcement shows the high cost of violating our consumer protection and environmental laws,” said FTC Chairwoman Edith Ramirez. “Just as importantly, consumers who were cheated by Volkswagen’s deceptive advertising campaign will be able to get full and fair compensation, not only for the lost or diminished value of their car but also for the other harms that VW caused them.”

According to the civil complaint against Volkswagen filed by the Justice Department on behalf of EPA on January 4, 2016, Volkswagen allegedly equipped its 2.0 liter diesel vehicles with illegal software that detects when the car is being tested for compliance with EPA or California emissions standards and turns on full emissions controls only during that testing process. During normal driving conditions, the software renders certain emission control systems inoperative, greatly increasing emissions. This is known as a “defeat device.”  Use of the defeat device results in cars that meet emissions standards in the laboratory, but emit harmful NOx at levels up to 40 times EPA-compliant levels during normal on-road driving conditions.  The Clean Air Act requires manufacturers to certify to EPA that vehicles will meet federal emission standards.  Vehicles with defeat devices cannot be certified.

The FTC sued Volkswagen in March, charging that the company deceived consumers with the advertising campaign it used to promote its supposedly “clean diesel” VWs and Audis, which falsely claimed that the cars were low-emission, environmentally friendly, met emissions standards and would maintain a high resale value.

The settlements use the authorities of both the EPA and the FTC as part of a coordinated plan that gets the high-polluting VW diesels off the road, makes the environment whole, and compensates consumers.

The settlements require Volkswagen to offer owners of any affected vehicle the option to have the company buy back the car and to offer lessees a lease cancellation at no cost. Volkswagen may also propose an emissions modification plan to EPA and CARB, and if approved, may also offer owners and lessees the option of having their vehicles modified to substantially reduce emissions in lieu of a buyback.  Under the U.S./California settlement, Volkswagen must achieve an overall recall rate of at least 85% of affected 2.0 liter vehicles under these programs or pay additional sums into the mitigation trust fund.  The FTC order requires Volkswagen to compensate consumers who elect either of these options.

Volkswagen must set aside and could spend up to $10.03 billion to pay consumers in connection with the buy back, lease termination, and emissions modification compensation program. The program has different potential options and provisions for affected Volkswagen diesel owners depending on their circumstances:

Buyback option: Volkswagen must offer to buy back any affected 2.0 liter vehicle at  their retail value as of September 2015 -- just prior to the public disclosure of the emissions issue. Consumers who choose the buyback option will receive between $12,500 and $44,000, depending on their car’s model, year, mileage, and trim of the car, as well as the region of the country where it was purchased. In addition, because a straight buyback will not fully compensate consumers who owe more than their car is worth due to rapid depreciation, the FTC order provides these consumers with an option to have their loans forgiven by Volkswagen.  Consumers who have third party loans have the option of having Volkswagen pay off those  loans, up to 130 percent of the amount a consumer would be entitled to under the buyback (e.g., if the consumer is entitled to a $20,000 buyback, VW would pay off his/her loans up to a cap of $26,000).

EPA-approved modification to vehicle emissions system: The settlements also allow Volkswagen to apply to EPA and CARB for approval of an emissions modification on the affected vehicles, and, if approved, to offer consumers the option of keeping their cars and having them modified to comply with emissions standards.  Under this option in accordance with the FTC order, consumers would also receive money from Volkswagen to redress the harm caused by VW’s deceptive advertising.

Consumers who leased the affected cars will have the option of terminating their leases (with no termination fee) or having their vehicles modified if a modification becomes available.  In either case, under the FTC order, these consumers also will receive additional compensation from Volkswagen for the harm caused by VW’s deceptive advertising.  Consumers who sold their TDI vehicles after the VW defeat device issue became public may be eligible for partial compensation, which will be split between them and the consumers who purchased the cars from them as set forth in the FTC order.

Eligible consumers will receive notice from VW after the orders are entered by the court this fall. Consumers will be able to see if they are eligible for compensation and if so, what options are available to them, at VWCourtSettlement.com and AudiCourtSettlement.com. They will also be able to use these websites to make claims, sign up for appointments at their local Volkswagen or Audi dealers and receive updates.  Consumer payments will not be available until the settlements take effect if and when approved by the court, which may be as early as October 2016.

Emissions Reduction Program: The settlement of the company’s Clean Air Act violations also requires Volkswagen to pay $2.7 billion to fund projects across the country that will reduce emissions of NOx where the 2.0 liter vehicles were, are or will be operated. Volkswagen will place the funds into a mitigation trust over three years, which will be administered by an independent trustee.  Beneficiaries, which may include states, Puerto Rico, the District of Columbia, and Indian tribes, may obtain funds for designated NOx reduction projects upon application to the Trustee. Funding for the designated projects is expected to fully mitigate the NOx these 2.0 liter vehicles have and will emit in excess of EPA and California standards.

The emissions reduction program will help reduce NOx pollution that contributes to the formation of harmful smog and soot, exposure to which is linked to a number of respiratory- and cardiovascular-related health effects as well as premature death. Children, older adults, people who are active outdoors (including outdoor workers), and people with heart or lung disease are particularly at risk for health effects related to smog or soot exposure. NO2 formed by NOx emissions can aggravate respiratory diseases, particularly asthma, and may also contribute to asthma development in children.

Zero Emissions Technology Investments: The Clean Air Act settlement also requires VW to invest $2 billion toward improving infrastructure, access and education to support and advance zero emission vehicles. The investments will be made over 10 years, with $1.2 billion directed toward a national EPA-approved investment plan and $800 million directed toward a California-specific investment plan that will be approved by CARB.  As part of developing the national plan, Volkswagen will solicit and consider input from interested states, cities, Indian tribes and federal agencies. This investment is intended to address the adverse environmental impacts from consumers’ purchases of the 2.0 liter vehicles, which the governments contend were purchased under the mistaken belief that they were lower emitting vehicles.

FTC’s Injunctive Relief: The FTC settlement includes injunctive provisions to protect consumers from deceptive claims in the future.  These provisions prohibit Volkswagen from making any misrepresentations that would deceive consumers about the environmental benefits or value of its vehicles or services, and the order specifically bans VW from employing any device that could be used to cheat on emissions tests.

The provisions of the U.S./California settlement are contained in a proposed consent decree filed today in the U.S. District Court for the Northern District of California, as part of the ongoing multi-district litigation, and will be subject to public comment period of 30 days, which will be announced in the Federal Register in the coming days.  The provisions of the FTC settlement are contained in a proposed Stipulated Final Federal Court Order filed today in the same court.

To view the consent decree, visit: www.justice.gov/enrd/consent-decrees

For more information, visit: https://www.epa.gov/enforcement/volkswagen-clean-air-act-partial-settlement

 

Tuesday, June 28, 2016

News Clippings 6/28/16

State

MDEQ Awards Solid Waste Assistance Grant to Pearl River County

Picayune Item

http://www.picayuneitem.com/2016/06/mdeq-awards-solid-waste-assistance-grant-to-pearl-river-county/

 

Explosion at south Mississippi natural gas plant

AP

PASCAGOULA, Miss. — The latest on Mississippi plant explosion:

http://www.clarionledger.com/story/news/2016/06/28/south-mississippi-natural-gas-plant-explosion/86460698/

 

Regular testing aims to keep Gulf Coast swimmers safe

WLOX

GULF OF MEXICO (WLOX) -As summer kicks into high gear and temperatures continue to rise, water contact advisories become more common on beaches along the Gulf Coast.

http://www.wlox.com/story/32316630/regular-testing-aims-to-keep-gulf-coast-swimmers-safe

 

Authorities tracking bear on ‘stroll’ through downtown Vicksburg

Vicksburg Post

Vicksburg and Warren County authorities are asking residents in downtown Vicksburg and those around the Vicksburg National Military Park to be aware of a bear who appears to “be out on a stroll.”

http://www.vicksburgpost.com/2016/06/26/authorities-tracking-bear-on-stroll-through-downtown-vicksburg/

 

 

 

Oil Spill

 

Orange Beach Reaches Settlement In 2010 BP Oil Spill

WKRG

Six years after oil washed onto their beaches and an entire tourist season was lost, the city of Orange Beach has reached a settlement with BP over the 2010 oil disaster.

http://wkrg.com/2016/06/27/orange-beach-reaches-settlement-in-2010-bp-oil-spill/

 

National

 

EPA panel backs tough new ozone regs -- after getting $200M in grants, lawsuit charges

Fox News

Scientists on a key panel handpicked by the Environmental Protection Agency to green-light new environmental emissions regulations have received nearly $200 million in grants from the agency, according to a federal lawsuit which charges the past funding calls into question the objectivity of the process.

http://www.foxnews.com/science/2016/06/27/epa-panel-backs-tough-new-ozone-regs-after-getting-200m-in-grants-lawsuit-charges.html

 

Michigan governor won't participate in air pollution case

The Hill

Michigan Gov. Rick Snyder (R) is seeking to distance himself from the state attorney general’s lawsuit challenging an Obama administration air pollution rule.

http://thehill.com/policy/energy-environment/285058-michigan-gov-wont-participate-in-air-pollution-case

 

Volkswagen Reaches $14.7B Emissions Settlement

AP

Volkswagen would repair or buy back polluting diesel vehicles and pay each owner as much as $10,000 under a $14.7 billion deal the car maker has reached to settle lawsuits stemming from its emissions cheating scandal, a person briefed on the settlement talks said Monday.

http://abcnews.go.com/Business/wireStory/volkswagen-reaches-147b-emissions-settlement-40173567