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Delta Air Lines Clean Air Act Settlement

During September of 1999, Delta Air Lines reported to EPA that it potentially had violated the federal diesel fuels regulations at 40 C.F.R. Part 80.29 and requested the application of EPA's policy on "Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations" ("EPA's Self-Disclosure Policy"). This policy allows EPA to not seek 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. Delta reported using, at ten airports, jet fuel A to fuel twenty three airport ground support vehicles that were potentially motor vehicles. Jet fuel A, a fuel primarily intended for use in jet aircraft, has a sulfur content greater than 0.05 weight percent. Use of jet fuel A to fuel motor vehicles constitutes a violation of section 211(g) of the Clean Air Act.

Delta took prompt action to remedy the violations and prevent future violations, changed its practices for fueling its motor vehicles to ensure that proper diesel fuel is used, and certified that it was now in full compliance with the diesel fuel provisions. Delta has agreed to pay a civil penalty of $20,000.

Enforcement Priorities

For additional information, contact:

Jocelyn Adair
U.S. Environmental Protection Agency (2242A)
1200 Pennsylvania Ave., N.W.
Washington, DC 20460-0001
(202)564-2109
adair.jocelyn@epa.gov

 

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