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US EPA Airline Settlement Information

Clean Air Act Topics

From 1999 to 2002, EPA settled with seven airline companies and one refueling company over potential violations of the diesel misfueling provisions of section 211 of the Clean Air Act and the diesel fuel regulations in 40 C.F.R. Part 80. Section 211 prohibits the knowing use in any motor vehicle of diesel fuel that contains a concentration of sulfur in excess of 0.05 percent (by weight). In addition, the diesel fuel regulations in 40 C.F.R. Part 80 prohibit dispensing, selling, supplying, offering for sale or supply, transporting, or introducing into commerce diesel fuel for use in motor vehicles unless the diesel fuel has a sulfur percentage, by weight, of no greater than 0.05 percent. Violators are subject to a civil penalty of $27,500 per day for each violation and the amount of the economic benefit or savings resulting from the violation. EPA settled with the companies involved after they disclosed that they had been using high sulfur jet fuel in motor vehicles at various airports throughout the country during the early and mid nineties. Together the settlements are expected to eliminate at least 700 tons of pollutants from the air annually.

Higher concentrations of sulfur in diesel fuel increase the amount of particulates (also known as soot) that are formed when the fuel is burned. It is likely that these particulates cause lung cancer in humans. Other health effects include aggravation of respiratory and cardiovascular disease, aggravation of existing asthma, acute respiratory symptoms, chronic bronchitis and decreased lung function.

Most of the violations were reported to EPA by the companies involved under EPA's policy on "Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations" ("EPA's Audit Policy"). This policy allows EPA to forego a gravity-based (i.e., other than economic benefit) penalty where the violator finds the violation through voluntary environmental audits or efforts that reflect due diligence, promptly discloses and expeditiously corrects the violation.

The companies involved are AMR Services Corporation (a holding corporation operating through various subsidiaries including American Airlines), Business Express Airlines, Continental Airlines, Delta Air Lines, Northwest Airlines, United Airlines, US Airways and Ogden Aviation Services.

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