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.
For additional information, contact:
U.S. Environmental Protection Agency (2242A)
1200 Pennsylvania Ave., N.W.
Washington, DC 20460-0001