BISMARCK – Today, the U.S. Environmental Protection Agency (EPA) Region 8 announced $162,000 in grant funding from President Biden’s Investing in America agenda to protect children from lead in drinking water at schools and childcare facilities across the state. 

Thanks to the Bipartisan Infrastructure Law (BIL), activities that remove sources of lead in drinking water are now, for the first time, eligible to receive funding through the Water Infrastructure Improvements for the Nation Act (WIIN). This grant funding, which is provided to states, territories, and Tribes, advances the Biden-Harris Administration’s Lead Pipe and Paint Action Plan and unprecedented commitment to delivering clean water for all communities, especially historically marginalized and low-income communities.       

“Ensuring that our children and our most vulnerable communities have access to clean drinking water is a top priority for the Biden-Harris Administration and EPA.  These additional funds will expand on existing lead remediation programs and help to improve public health in North Dakota,” said EPA Mountains and Plains Regional Administrator KC Becker.  “By amending existing clean water programs through the Bipartisan Infrastructure Law, and supporting them with historic infrastructure investments, EPA is taking unprecedented action to protect all our children from lead in drinking water.”

As a part of the $58,000,000 in appropriations for this program, EPA also released a revised grant implementation document that contains detailed information on how EPA will award and administer grants that support eligible actions, such as those for remediation or replacement activities.  The Voluntary School and Child Care Lead Testing and Reduction Grant Program funds voluntary lead testing, compliance monitoring, and for the first-time, lead in drinking water remediation projects. Lead remediation actions may include but are not limited to the removal, installation, and replacement of internal plumbing, lead pipes or lead connectors, faucets, water fountains, water filler stations, point-of-use devices, and other lead-free apparatus related to drinking water. 

The grant funding announced today is provided to states, territories, and Tribes through the WIIN. The grant program requires the use of guidance from EPA’s 3Ts (Training, Testing, and Taking Action) Program to support schools and childcare facilities in making progress on reducing lead in drinking water. Tools and resources from the 3Ts Program help states, territories, and Tribes provide technical assistance and take action to support the health and safety of children in early care and education settings. The program also helps advance President Biden’s Justice40 Initiative, which is helping address environmental injustice by ensuring that the benefits of federal investments in clean water, clean energy, and other programs reach communities that are marginalized, underserved, and overburdened by pollution. 

Today’s announcement advances the goals of the Biden-Harris Administration’s Lead Pipe and Paint Action Plan and EPA’s Strategy to Reduce Lead Exposures and Disparities in U.S. Communities. Under these initiatives, EPA is developing the Lead and Copper Rule Improvements to strengthen the Agency’s regulatory framework. EPA intends to propose requirements that, along with other actions, would result in the replacement of all lead service lines as quickly as is feasible. EPA is also investing $15 billion in Bipartisan Infrastructure Law funding to remove lead service lines. In addition to the dedicated funding for lead service line removal, the Bipartisan Infrastructure Law provides another $11.7 billion in general funding through the Drinking Water State Revolving Fund that can also be utilized for lead removal projects. 

Learn more about the Biden-Harris Administration’s Lead Pipe and Paint Action Plan and EPA’s Strategy to Reduce Lead Exposures and Disparities in U.S. Communities.

Background 

President Biden’s Bipartisan Infrastructure Law is dedicating an unprecedented $15 billion to removing lead from drinking water. The Voluntary School and Childcare Lead Testing and Reduction Grant Program complements these funds to further reduce lead in drinking water. Under this grant, EPA allocates funds to eligible states and territories based on a formula that includes factors for population, disadvantaged communities, and lead exposure risk. For more information, visit: WIIN Grant: Voluntary School and Child Care Lead Testing and Reduction Grant Program.

Learn more about EPA’s Mountains and Plains Region. Connect with us on Facebook and on Twitter.

LAS VEGAS – Today, the U.S. Environmental Protection Agency (EPA) announced $24,994 in funding for a student team at the University of Nevada-Las Vegas (UNLV) as part of the Agency’s People, Prosperity, and the Planet (P3) Program seeking solutions to environmental and public health challenges. The UNLV team, one of 21 award winners nationwide, is researching a cost-effective, simple process using agricultural waste biomass products to clean the drinking water supply.

The student team will assess the capacity of these products for removal of potentially harmful disinfection byproducts in drinking water. Removal of disinfection byproducts through a simple and low-cost process, like adsorption, is important because they are harmful to human health and are linked to cancer. This cleaning process can be especially important during emergency situations or times of temporary water treatment and can benefit vulnerable populations.

“EPA’s P3 program, now in its twentieth year, is an exciting and unique program that recognizes the power of students to translate imagination and science into new solutions that protect human health and the environment,” said Chris Frey, Assistant Administrator for EPA’s Office of Research and Development. “Congratulations to this year’s teams. Their innovative projects tackle critical environmental issues and include an eco-friendly coating to reduce contamination in marine environments, a device to remove microplastics from stormwater, an air monitoring and filtration technology to reduce student exposures to air pollutants, and more.”

The University of Nevada-Las Vegas investigators are among 21 awardees that will receive grants of up to $25,000 each to help develop a proof of concept and will be eligible to compete for a Phase II grant of up to $100,000 to implement their designs further.

Learn more on EPA’s webpage about the University of Nevada Grantee Research Project Results for Optimized biochar/hydrochar for disinfection byproduct removal in water.

Learn more about the P3 Phase I winners.

Learn more about EPA’s P3 program.

Learn more about EPA’s Pacific Southwest Region. Connect with us on Facebook and Twitter.

PIERRE – Today, the U.S. Environmental Protection Agency (EPA) Region 8 announced $426,000 in grant funding from President Biden’s Investing in America agenda to protect children from lead in drinking water at schools and childcare facilities across the state. 

Thanks to the Bipartisan Infrastructure Law (BIL), activities that remove sources of lead in drinking water are now, for the first time, eligible to receive funding through the Water Infrastructure Improvements for the Nation Act (WIIN). This grant funding, which is provided to states, territories, and Tribes, advances the Biden-Harris Administration’s Lead Pipe and Paint Action Plan and unprecedented commitment to delivering clean water for all communities, especially historically marginalized and low-income communities.       

“Ensuring that our children and our most vulnerable communities have access to clean drinking water is a top priority for the Biden-Harris Administration and EPA.  These additional funds will expand on existing lead remediation programs and help to improve public health in South Dakota,” said EPA Mountains and Plains Regional Administrator KC Becker.  “By amending existing clean water programs through the Bipartisan Infrastructure Law, and supporting them with historic infrastructure investments, EPA is taking unprecedented action to protect all our children from lead in drinking water.”

As a part of the $58,000,000 in appropriations for this program, EPA also released a revised grant implementation document that contains detailed information on how EPA will award and administer grants that support eligible actions, such as those for remediation or replacement activities.  The Voluntary School and Child Care Lead Testing and Reduction Grant Program funds voluntary lead testing, compliance monitoring, and for the first-time, lead in drinking water remediation projects. Lead remediation actions may include but are not limited to the removal, installation, and replacement of internal plumbing, lead pipes or lead connectors, faucets, water fountains, water filler stations, point-of-use devices, and other lead-free apparatus related to drinking water. 

The grant funding announced today is provided to states, territories, and Tribes through the WIIN. The grant program requires the use of guidance from EPA’s 3Ts (Training, Testing, and Taking Action) Program to support schools and childcare facilities in making progress on reducing lead in drinking water. Tools and resources from the 3Ts Program help states, territories, and Tribes provide technical assistance and take action to support the health and safety of children in early care and education settings. The program also helps advance President Biden’s Justice40 Initiative, which is helping address environmental injustice by ensuring that the benefits of federal investments in clean water, clean energy, and other programs reach communities that are marginalized, underserved, and overburdened by pollution. 

Today’s announcement advances the goals of the Biden-Harris Administration’s Lead Pipe and Paint Action Plan and EPA’s Strategy to Reduce Lead Exposures and Disparities in U.S. Communities. Under these initiatives, EPA is developing the Lead and Copper Rule Improvements to strengthen the Agency’s regulatory framework. EPA intends to propose requirements that, along with other actions, would result in the replacement of all lead service lines as quickly as is feasible. EPA is also investing $15 billion in Bipartisan Infrastructure Law funding to remove lead service lines. In addition to the dedicated funding for lead service line removal, the Bipartisan Infrastructure Law provides another $11.7 billion in general funding through the Drinking Water State Revolving Fund that can also be utilized for lead removal projects. 

Learn more about the Biden-Harris Administration’s Lead Pipe and Paint Action Plan and EPA’s Strategy to Reduce Lead Exposures and Disparities in U.S. Communities.

Background 

President Biden’s Bipartisan Infrastructure Law is dedicating an unprecedented $15 billion to removing lead from drinking water. The Voluntary School and Childcare Lead Testing and Reduction Grant Program complements these funds to further reduce lead in drinking water. Under this grant, EPA allocates funds to eligible states and territories based on a formula that includes factors for population, disadvantaged communities, and lead exposure risk. For more information, visit: WIIN Grant: Voluntary School and Child Care Lead Testing and Reduction Grant Program.

Learn more about EPA’s Mountains and Plains Region. Connect with us on Facebook and on Twitter.

BOSTON (Aug. 1, 2023) – The U.S. Environmental Protection Agency's (EPA) New England regional office recently signed a Memorandum of Understanding (MOU) with Landmark College of Putney, Vt., a global leader in educating neurodivergent students, to work together to increase national employment opportunities for individuals with disabilities.

The five-year, non-binding agreement outlines four areas where the partners can collaborate to achieve this goal, including a neurodiversity training program for EPA supervisors, hiring managers and other staff; EPA's participation in college fairs; and specialized workshops that advance environmental education for Landmark College students.

"This partnership between EPA and Landmark College will help advance EPA's goal of bringing more diverse talent into the federal workforce," said EPA New England Regional Administrator David W. Cash. "Through this partnership, Region 1 will learn how we can better provide opportunities and understanding for neurodivergent candidates as well as promote environmental education. I'm excited to see the fruits of this work, which will bring EPA new perspectives, ideas, and talent."

Jan Coplan, Director of the Office of Career Connections at Landmark College, says the relationship with the EPA began last year when Vice President for Neurodiversity Research and Innovation Dr. Adam Lalor participated in a panel discussion about neurodivergent inclusion in the workplace organized by the EPA. 

"This partnership significantly broadens our internship opportunities for students in non-technical fields, including life science and liberal studies majors," says Coplan. EPA is currently in discussion with Landmark about how the college can further provide support for EPA in working with neurodivergent interns and employees. 

The partnership with Landmark College will help EPA comply with the Rehabilitation Act of 1973, which requires Federal agencies to establish programs that facilitate the hiring, placement and advancement of individuals with disabilities and take specific steps that are reasonably designed to gradually increase the number of persons with disabilities in its workforce. Federal agencies must also comply with a U.S. Equal Employment Opportunity Commission rule by adopting the goal of having 12 percent of its workforce be people with disabilities and two percent with "targeted disabilities" such as neurodivergence.

More information

U.S. Environmental Protection Agency (EPA)

EPA's Region 1

EPA Careers

Landmark College

WASHINGTON – Today, the U.S. Environmental Protection Agency (EPA) announced $523,796 in funding to 21 student teams for their research and innovative solutions to address environmental and public health challenges as part of the Agency’s People, Prosperity, and the Planet (P3) Program.

“EPA’s P3 program, now in its twentieth year, is an exciting and unique program that recognizes the power of students to translate imagination and science into new solutions that protect human health and the environment,” said Chris Frey, Assistant Administrator for EPA’s Office of Research and Development. “Congratulations to this year’s teams. Their innovative projects tackle critical environmental issues and include an eco-friendly coating to reduce contamination in marine environments, a device to remove microplastics from stormwater, an air monitoring and filtration technology to reduce student exposures to air pollutants, and more.”

The 21 Phase I recipients announced today will receive grants of up to $25,000 each to help them develop their proof of concept and will be eligible to compete for a Phase II grant of up to $100,000 to further implement their designs.

Teams from the following institutions are receiving funding for the 19th Annual P3 Phase I awards:

• Clarkson University, Potsdam, N.Y., for Feasibility of On-farm Microalgal Cultivation for Dairy Feed Supplement Through Integration of Anaerobic Digestion of Farm Waste
• Fort Lewis College, Durango, Colo., for PCR-Free Environmental Waterborne Bacteria Detection Using Raman Spectroscopy and Deep Learning
• Hamline University, St. Paul, Minn., for Enhanced Detection of Lead Ions in Drinking Water Using Bismuth Nanoparticles
• Georgetown University, Washington, D.C., for Enhanced Detection and Removal of GenX from Water Supplies
• New Jersey Institute of Technology, Newark, N.J., for Scalable 2D Semiconductor-based Field-effect Transistors for Rapid and Efficient Detection of Lead Ions
• North Dakota State University, Fargo, N.D., for Three-way Removal of Per- And Polyfluoroalkyl Substances from High-strength Landfill Leachate Utilizing Simultaneous Foaming and Humic Acid Precipitation During pH Adjustment
• Purdue University, West Lafayette, Ind., for Implementation of Cost-effective Techniques for the Monitoring and Reduction of Indoor Air Pollutant Exposures in Classroom Environments Through a Service-learning Framework
• Rice University, Houston, Texas, for Chemical-free UV Unit That Degrades PFAS in Landfill Leachate Using Non-toxic Boron Nitride
• Rochester Institute of Technology, Rochester, N.Y., for Implementation of an Industrial Scale Larvae Bioreactor
• Southern Illinois University, Carbondale, Ill., for Physicochemical Degradation of Microplastics
• Syracuse University, Syracuse, N.Y., for Developing Low-cost Sensor Unit for High-frequency Water Quality Monitoring in Non-navigational Rivers
• University of Alabama at Birmingham, Birmingham, Ala., for Modeling Outdoor Comfort With UAV-based Digitization Technique and a Comfort Tracking System for Underserved Communities
• University of Alabama at Birmingham, Birmingham, Ala., for Urban Water Pollution Extent and Impact on the Village Creek in Birmingham, AL - Analysis and Mitigation Strategies
• University of Alabama, Tuscaloosa, Ala., for Predicting and Equipping Private Well Owners at Risk of Microbial Contamination After Flooding Events
• University of Central Florida, Orlando, Fla., for Rapid and Simple MC-LR Check to Monitor Blooms for Early Action
• University of Maryland Eastern Shore, Princess Anne, Md., for Natural Approach in Antifouling Protection: Remedy for Safer Water for Fisherman, Boaters, and Cargo Ships
• University of Nevada, Las Vegas, Nev., for Optimized Biochar/Hydrochar for Disinfection Byproduct Removal in Water
• University of North Carolina Asheville, Asheville, N.C., for Mapping Air Pollution Disparities Using Low-cost Particulate Sensors
• University of Tennessee at Chattanooga, Chattanooga, Tenn., for Microplastics Sampling for Stormwater Management
• University of Texas at Dallas, Richardson, Texas, for MINTS: Multi-scale Intelligent Sensing
• University of Wyoming, Laramie, Wyo., for Recreator Crowdsourcing of Particle Levels During Wildfires

Learn more about the P3 Phase I winners.

Learn more about EPA’s P3 program.

LOUISVILLE, KY (July 31, 2023) –Today, officials from the U.S. Environmental Protection Agency (EPA) joined Kentucky Energy and Environment Cabinet Secretary Rebecca Goodman and Louisville Mayor Craig Greenberg at a press event in Louisville to discuss the $7.9 million investment through President Biden’s Investing in America agenda to expedite the assessment and cleanup of brownfield sites in Kentucky while advancing environmental justice.

EPA selected ten communities in Kentucky to receive grants totaling more than $7,999,560 in competitive EPA Brownfields funding through the Multipurpose, Assessment, Revolving Loan Fund, and Cleanup (MARC) Grant programs. Thanks to the historic boost from the Bipartisan Infrastructure Law, this is the largest ever funding awarded in the history of the EPA’s Brownfields MARC Grant programs.

These investments are part of President Biden’s Investing in America Agenda to grow the American economy from the bottom up and middle-out – from rebuilding our nation’s infrastructure, to driving over $470 billion in private sector manufacturing and clean energy investments in the United States, to creating a manufacturing and innovation boom powered by good paying jobs that don’t require a four-year degree, to building a clean-energy economy that will combat climate change and make our communities more resilient.

“This investment in EPA’s Brownfields Program will transform countless lives and spur life-changing revitalization in communities large and small, urban, and rural,” said Acting EPA Region 4 Administrator, Jeaneanne Gettle.  “All with the same desire to keep their neighborhoods healthy, sustainable and reflective of the people who call it home.”

“We appreciate this partnership with the EPA that has provided this funding for communities to reimagine and eventually reuse properties in a way that will bring about jobs and healthier neighborhoods,” said Secretary Rebecca Goodman.

“This funding from EPA will help us further the brownfield remediation work that’s going on throughout our city, work that is critical to our efforts to provide additional affordable housing options for the people of Louisville,” said Mayor Craig Greenberg. “Partnerships between federal, state, and local governments are so important to address these urgent challenges and improve the quality of life in our neighborhoods.”

Additional Background:

EPA’s Brownfields Program began in 1995 and has provided nearly $2.37 billion in Brownfield Grants to assess and clean up contaminated properties and return blighted properties to productive reuse. EPA’s investments in addressing brownfield sites have leveraged more than $36 billion in cleanup and redevelopment. Over the years, the relatively small investment of federal funding has leveraged, from both public and private sources, nearly 260,000 jobs. Communities that previously received Brownfields Grants used these resources to fund assessments and cleanups of brownfields, and successfully leverage an average of 10.6 jobs per $100,000 of EPA Brownfield Grant funds spent and $19.78 for every dollar.

The next National Brownfields Training Conference will be held on August 8-11, 2023, in Detroit, Michigan. Offered every two years, this conference is the largest gathering of stakeholders focused on cleaning up and reusing former commercial and industrial properties. EPA co-sponsors this event with the International City/County Management Association (ICMA).

For more on Brownfields Grants: https://www.epa.gov/brownfields/types-brownfields-grant-funding

For more on EPA’s Brownfields Program: https://www.epa.gov/brownfields

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BOSTON (July 31, 2023) – The U.S. Environmental Protection Agency's (EPA's) New England Region Office is announcing a grant competition for an "Environmental Justice Thriving Communities Technical Assistance Center" (EJ TCTAC).  The agency is offering this funding opportunity of up to $10 million to help communities and other environmental justice stakeholders in the New England states access federal assistance and resources to address environmental and energy justice concerns. EPA Region 1 includes the states of Vermont, New Hampshire, Maine, Massachusetts, Connecticut, and Rhode Island, and 10 Tribes.

"This grant opportunity will create a technical assistance center to empower communities and help them tackle environmental justice concerns in New England," said EPA Regional Administrator David W. Cash. "While many of our urban, rural and tribal communities have identified solutions to the environmental challenges they face, there is a significant need for resources to achieve results. This center will help build capacity and deliver federal funds for environmental justice projects across our region." 

"Thanks to DOE's historic levels of funding, we are helping to revitalize disadvantaged communities across the nation by breaking down barriers to address their critical energy challenges," said DOE Office of Clean Energy Demonstrations Acting Director Kelly Cummins. By partnering with EPA, DOE is creating a pathway for every community to access the resources, support, and technical capacity needed to thrive in our nation's transition to a clean energy economy."

In April, EPA announced $177 million in investments for the creation of EJ TCTACs across the country to help underserved and overburdened communities access funds from President Biden's Investing in America agenda. Under this new Region 1 grant opportunity, EPA will partner with the U.S. Department of Energy to select a qualified applicant to deliver much-needed assistance to these communities within New England.

EPA Region 1 issued a Notice of Funding Opportunity (NOFO) for the EJ TCTAC today and will be seeking applications from eligible entities through September 29.  

The agency will host an informational webinar for prospective applicants on August 10, 2023 from 4:00 – 5:30 p.m. (EST), which will also include a partnership facilitation session.  

Access the NOFO here.

Register for webinars here,

Until an EJ TCTAC grant is awarded through this upcoming grant competition, EPA Region 1 communities will be able to access assistance through one of the designated national EJ TCTACs.

Background

Once awarded, the EPA Region 1 EJ TCTAC will be part of the network of the other EJ TCTACs providing technical assistance on a comprehensive nationwide basis. With these critical investments, the EJ TCTACs will provide training and other technical assistance to community groups, nonprofits, local governments, and others to build capacity for navigating federal, state and private grant application systems, writing strong grant proposals and effectively managing grant funding.

In addition, these EJ TCTACs will provide guidance on engagement in governmental processes, community outreach, meeting facilitation and translation and interpretation services for limited English-speaking participants, removing barriers and improving accessibility for communities with environmental justice concerns. Each of the EJ TCTACs will also create and manage communication channels to ensure the communities they serve have direct access to resources and information. 

Process

EPA Region 1 will evaluate applications that are received through September 29 and expects to make the award by the end of the calendar year. The award amount will be approximately $10 million for a five-year project period, up to $2 million for each year.

Eligible applicants who can compete under the NOFO will generally include: 

• Public and private universities and colleges and other nonprofit institutions of higher education such as community colleges 
• Public and private nonprofit institutions/organizations (including philanthropic organizations) 
• Intertribal Consortia – a coalition between two or more Indian tribal governments authorized by the governing bodies of those tribes to apply for and receive assistance and participate in self-governance. 

Entities which received an award for EJ TCTAC funding under the national competition are not eligible to apply for this opportunity.  

The formation of the EJ TCTACs is in direct response to feedback from communities and environmental justice leaders who have long called for technical assistance and capacity building support for communities and their partners as they work to access critical federal resources. For more information on the EJ TCTACs please visit: EJ Thriving Communities Technical Assistance Centers program. 

The EJ TCTAC program is part of the Federal Interagency Thriving Communities Network and delivers on the Biden-Harris Administration's Justice40 Initiative to ensure that 40% of the benefits of certain federal investments flow to disadvantaged communities. The new EJ TCTACs will help ensure communities with environmental and energy justice concerns can access President Biden's historic investments in America to address generational disinvestment, legacy pollution, infrastructure challenges and build a clean energy economy that will lower energy costs, strengthen our energy security and meet our climate goals. 

Learn more about Environmental Justice at EPA 

WASHINGTON (July 31, 2023) – Belle Fourche Pipeline Company and Bridger Pipeline LLC – affiliated companies that own and operate a network of crude oil pipelines in Montana, North Dakota, and Wyoming – have together agreed to pay a $12.5 million civil penalty to resolve claims under the Clean Water Act and Pipeline Safety Laws relating to oil spills in Montana and North Dakota.

“These spills impacted iconic Western watersheds that communities in Montana and North Dakota depend upon,” said EPA Regional Administrator KC Becker.   “EPA will continue to hold companies accountable for spills that threaten human health, drinking water, recreation and fisheries and ensure they take meaningful measures to prevent future incidents.”

 “Today’s settlement is the result of federal and state partners working together to comprehensively address oil spills and assess a significant penalty to deter future violations,” said Assistant Attorney General Todd Kim for the Justice Department’s Environment and Natural Resources Division. “The agreement also protects public health, safety, and the environment by requiring action to make future spills less likely.”

“All pipeline spills harm our environment and many threaten the safety and well-being of the American public,” said Deputy Administrator Tristan Brown for the Pipeline and Hazardous Materials Safety Administration (PHMSA). “PHMSA and our state and federal partners, are sending a strong message that spills will not be tolerated.”

“As the longest free-flowing river in the Lower 48, the Yellowstone River not only is a national treasure for its historic significance, ecosystems and recreational opportunities, but it also is an important economic resource for communities along its banks and the state of Montana,” said U.S. Attorney Jesse Laslovich for the District of Montana. “It is essential for pipeline companies operating in and around our rivers to comply with environmental protection and public safety regulations. This agreement holds these companies accountable for their significant oil spills, and more importantly, will help protect the iconic Yellowstone River from future damage.”

 “Through this settlement, we are furthering North Dakota’s twin objectives of safe energy development and protection of our environment,” said Attorney General Drew H. Wrigley for the State of North Dakota. “I want to especially thank the North Dakota Department of Environmental Quality staff who spent countless hours investigating and responding to the spill.”

In 2015, Bridger’s Poplar Pipeline ruptured where it crosses under the Yellowstone River near Glendive, Montana. The pipeline crossing had been installed using the “trench-cut” method. The pipeline failed after being exposed due to river scour. Bridger has completed its cleanup of the Montana spill site, and Bridger and the State of Montana separately resolved claims under Montana state law.

 Belle Fourche’s Bicentennial Pipeline ruptured in 2016 in Billings County, North Dakota. The pipeline traversed a steep hillside above an unnamed tributary to Ash Coulee Creek – which feeds into the Little Missouri River – when the slope failed. The size of the North Dakota spill was exacerbated by Belle Fourche’s failure to detect the spill until it was reported by a local landowner. Belle Fourche’s cleanup of the North Dakota spill site is ongoing with oversight by the North Dakota Department of Environmental Quality. The State of North Dakota is a co-plaintiff in this case, and it has worked closely with the United States; both are signatories to the consent decree.

 In addition to the $12.5 million civil penalty, the companies are required to implement specified compliance measures including meeting certain control room operation requirements and related employee training, implementing their water crossings and geotechnical evaluation programs and updating their integrity management program. Belle Fourche will also pay the state of North Dakota’s past response costs.

The case is being litigated by the Environment and Natural Resources Division’s Environmental Enforcement Section, in conjunction with the U.S. Attorney’s Office for the District of Montana, EPA, PHMSA and the State of North Dakota.

The consent decree, lodged in the U.S. District Court for the District of North Dakota, is subject to a 30-day public comment period and final court approval. Under section 7003(d) of RCRA, a commenter may request an opportunity for a public meeting in the affected area. The consent decree will be available for viewing on the Department of Justice website

WASHINGTON – Belle Fourche Pipeline Company and Bridger Pipeline LLC – affiliated companies that own and operate a network of crude oil pipelines in Montana, North Dakota, and Wyoming – have together agreed to pay a $12.5 million civil penalty to resolve claims under the Clean Water Act and Pipeline Safety Laws relating to oil spills in Montana and North Dakota. 

“Oil pipeline spills can cause enormous and long-lasting damage to the environment,” said Principal Deputy Assistant Administrator Larry Starfield for EPA’s Office of Enforcement and Compliance Assurance. “This settlement holds Belle Fourche and Bridger Pipeline accountable for their significant oil spills and requires them to take meaningful measures to prevent future spills from their oil pipelines.”

“Today’s settlement is the result of federal and state partners working together to comprehensively address oil spills and assess a significant penalty to deter future violations,” said Assistant Attorney General Todd Kim for the Justice Department’s Environment and Natural Resources Division. “The agreement also protects public health, safety, and the environment by requiring action to make future spills less likely.”

“All pipeline spills harm our environment and many threaten the safety and well-being of the American public,” said Deputy Administrator Tristan Brown for the Pipeline and Hazardous Materials Safety Administration (PHMSA). “PHMSA and our state and federal partners, are sending a strong message that spills will not be tolerated.”

“As the longest free-flowing river in the Lower 48, the Yellowstone River not only is a national treasure for its historic significance, ecosystems and recreational opportunities, but it also is an important economic resource for communities along its banks and the state of Montana,” said U.S. Attorney Jesse Laslovich for the District of Montana. “It is essential for pipeline companies operating in and around our rivers to comply with environmental protection and public safety regulations. This agreement holds these companies accountable for their significant oil spills, and more importantly, will help protect the iconic Yellowstone River from future damage.”

“Through this settlement, we are furthering North Dakota’s twin objectives of safe energy development and protection of our environment,” said Attorney General Drew H. Wrigley for the State of North Dakota. “I want to especially thank the North Dakota Department of Environmental Quality staff who spent countless hours investigating and responding to the spill.”

In 2015, Bridger’s Poplar Pipeline ruptured where it crosses under the Yellowstone River near Glendive, Montana. The pipeline crossing had been installed using the “trench-cut” method. The pipeline failed after being exposed due to river scour. Bridger has completed its cleanup of the Montana spill site, and Bridger and the State of Montana separately resolved claims under Montana state law.

Belle Fourche’s Bicentennial Pipeline ruptured in 2016 in Billings County, North Dakota. The pipeline traversed a steep hillside above an unnamed tributary to Ash Coulee Creek – which feeds into the Little Missouri River – when the slope failed. The size of the North Dakota spill was exacerbated by Belle Fourche’s failure to detect the spill until it was reported by a local landowner. Belle Fourche’s cleanup of the North Dakota spill site is ongoing with oversight by the North Dakota Department of Environmental Quality. The State of North Dakota is a co-plaintiff in this case, and it has worked closely with the United States; both are signatories to the consent decree.

In addition to the $12.5 million civil penalty, the companies are required to implement specified compliance measures including meeting certain control room operation requirements and related employee training, implementing their water crossings and geotechnical evaluation programs and updating their integrity management program. Belle Fourche will also pay the state of North Dakota’s past response costs.

The case is being litigated by the Environment and Natural Resources Division’s Environmental Enforcement Section, in conjunction with the U.S. Attorney’s Office for the District of Montana, EPA, PHMSA and the State of North Dakota.

The consent decree, lodged in the U.S. District Court for the District of North Dakota, is subject to a 30-day public comment period and final court approval. Under section 7003(d) of RCRA, a commenter may request an opportunity for a public meeting in the affected area. The consent decree will be available for viewing on the Department of Justice website.

WASHINGTON — Today, the U.S. Environmental Protection Agency (EPA) announced over $1.3 million in funding to a team of researchers from the University of Wisconsin-Madison, in Madison, Wisconsin, to develop nanosensor technology that can detect, monitor, and degrade commonly used pesticides found in water that can harm human health.

“Nanotechnology advances are creating a new future for environmental monitoring,” said Chris Frey, Assistant Administrator for EPA’s Office of Research and Development. “The cutting-edge nanosensor technology that is being developed by researchers at the University of Wisconsin-Madison will help detect pesticides in water at extremely low levels and mitigate the harmful impacts of these pesticides.”

Environmental pollutants such as pesticides can adversely affect human health. Simple and reliable sensors to detect pesticides in water sources can help reduce human exposure. The unique properties of nanomaterials have enabled advances in sensor design, such as portability and rapid signal response times, and provided more cost-effective, efficient, and selective detection and monitoring methods.

Using funding from this grant, researchers from the University of Wisconsin-Madison will develop an integrated, portable, sensor-controlled water treatment technology that itself generates the chemicals needed for treatment. The researchers will distribute and deploy the treatment technology across rural communities in Alabama that rely on private and/or community wells for drinking water that have been impacted by neonicotinoids, a commonly used type of pesticide.

The University of Wisconsin-Madison’s Integrated Portable Raman and Electrochemical NanoSystem, or I-PRENS, will be used for rapid onsite detection and degradation of neonicotinoid pesticides in drinking water supplies. The team will develop a small-scale I-PRENS prototype for deployment in Alabama’s Black Belt region for long-term monitoring and remediation of neonicotinoid-impacted drinking water supplies. The Black Belt of Central Alabama, known for the region's rich, dark topsoil, faces many factors that make traditional wastewater treatment challenging, including its rural landscape and heavy clay soils. Results from the research are expected to help low income, underrepresented, rural communities in Alabama.

Learn more about the funded recipient.  

Learn more about EPA research grants.

SEATTLE (July 28, 2023) -- The U.S. Environmental Protection Agency, in coordination with the Alaska Department of Environmental Conservation, is proposing limits on the amount of bacteria and other microorganisms Skagway’s and Wrangell’s wastewater treatment plants will be allowed to release to Taiya Inlet.

This is the second public comment period for the Wrangell WWTP; the draft permit that was released for public comment in October of 2022 has been revised.

Currently, the discharges from the Skagway and Wrangell facilities are not disinfected, contain high levels of fecal coliform and enterococcus bacteria, and rely upon a large “mixing zone” area to meet Alaska’s water quality standards for bacteria.

EPA is proposing draft permits for the Skagway and Wrangell facilities that contains more stringent bacteria limits. ADEC has indicated that these limits will be a condition of its certification of the permit under Section 401 of the Clean Water Act. The proposed limits will require upgrades to the existing plants. The draft permits propose to allow the plants five years to comply with the new limits.

Over the next several months EPA intends to propose new Clean Water Act permits for Ketchikan and Petersburg that would also require their treatment plants to significantly reduce releases of bacteria to local waters within five years.

About waivers under Section 301(h) of the Clean Water Act

The draft permits waive the secondary treatment requirements for the Skagway and Wrangell facilities. Most municipal wastewater treatment plants in the U.S. are required to conduct “secondary” treatment, which involves a combination of physical and biological treatment requirements to remove organic load and solids. However, in limited circumstances, Section 301(h) of the Clean Water Act authorizes EPA -- with concurrence from the state -- to issue discharge permits requiring less than secondary treatment to plants that discharge to marine waters.

Congress mandated that the last year communities could apply for a waiver from secondary treatment requirements under Section 301(h) was 1982. To qualify for a 301(h) waiver,

applicants must satisfy specific criteria designed to maintain and protect the receiving water and ensure compliance with state water quality standards. The permits are for a five-year period. Applicants must reapply in five years, demonstrating that they continue to meet the criteria.

Since the 1980s, EPA has issued permits modified by 301(h) waivers for several other southeast Alaska facilities, including Haines, Ketchikan, Petersburg, and Sitka. The permits were last reissued between 2000 and 2002.

In some circumstances funding support may be available for wastewater treatment upgrades through EPA and ADEC to meet nearer term and potential future water quality requirements.

For more information about the proposed permits, please view the public notice for Skagway at: https://www.epa.gov/npdes-permits/npdes-permit-skagway-wastewater-treatment-plant-alaska, and the second public notice for Wrangell at: https://www.epa.gov/npdes-permits/npdes-permit-wrangell-wastewater-treatment-plant-alaska.

LOUISVILLE, KY (July 28, 2023) – The EPA together with other federal and local partners will host a press event in Louisville on Monday to highlight a historic $7.9 million investment through President Biden’s Investing in America agenda to expedite the assessment and cleanup of brownfield sites in Kentucky while advancing environmental justice.

WHAT:          

Brownfields Press Event in Louisville, KY

WHEN:         

Monday, July 31, 2023, from 10:00– 10:30 am

WHERE:        

Lynn Family Stadium -- 350 Adams St, Louisville, KY 40206

WHO:             

Acting EPA Region 4 Administrator Jeaneanne Gettle

Kentucky Energy and Environment Cabinet Secretary Rebecca Goodman

Louisville Mayor Craig Greenberg

***Interested media should e-mail an RSVP to region4press@epa.gov. Please include your name, media affiliation and contact information.

BOSTON (July 27, 2023) – New England state air quality forecasters are predicting air quality that is unhealthy for sensitive groups, due to elevated ground-level ozone. Sensitive groups include people with lung disease such as asthma, older adults, children and teenagers, and people who are active outdoors. The areas that are predicted to exceed the Federal air quality standard for ozone on Friday, July 28 are:

Southeastern coastal Massachusetts (Cape and Islands), Rhode Island (statewide), and the southeast coast of Connecticut.

These locations are subject to change, so please refer to EPA New England's AQI Air Quality Index (AQI) for current air quality conditions and forecasts across New England.

With hot, summery weather, EPA and state air quality forecasters predict areas of unhealthy air quality in several areas of New England tomorrow. EPA and the medical community advise people to limit any strenuous outdoor activity when poor air quality is expected. Exposure to elevated ozone levels can cause breathing problems, aggravate asthma, and other pre-existing lung diseases, and make people more susceptible to respiratory infection. When ozone levels are elevated, people should refrain from strenuous outdoor activity, especially sensitive populations such as children and adults with respiratory problems. Due to impacts from climate change, these kinds of air quality events may increase in frequency. Communities already vulnerable and overburdened will also be impacted by unhealthy air quality.

Ground-level ozone forms when volatile organic compounds and oxides of nitrogen (ozone precursors) interact in the presence of strong sunshine. Cars, trucks, and buses emit most of the pollution that creates ozone. Emissions from gasoline stations, print shops, household products, like paints and some cleaners, as well as lawn and garden equipment also add to the ozone formation.

Also, everyone can take steps to keep air emissions down during air quality alert days. When ozone is forecast to be unhealthy for sensitive groups, members of the public are encouraged to help limit emissions and reduce ozone formation by:

• using public transportation, if possible;
• combining errands and carpooling to reduce driving time and mileage; and
• avoiding the use of small gasoline-powered engines, such as lawn mowers, string trimmers, chain saws, power-washers, air compressors, and leaf blowers on unhealthy air days.

During poor air quality events, it is also important to reduce household energy usage, such as setting air conditioners to a higher temperature, turning off unnecessary lights, equipment, and appliances. EPA's ENERGY STAR Program also provides trusted guidance and online tools to help homeowners make smart decisions about improving the energy efficiency of their existing homes.
The current ozone standard is 0.070 parts per million (ppm).

More information:

Real-time ozone data and air quality forecasts New England Air Quality Index

National real-time air quality data (free iPhone and Android apps) AirNow  

Air Quality Alerts  EnviroFlash

EPA's ENERGY STAR Program

CHICAGO (July 27,2023) – Today, the U.S. Environmental Protection Agency (EPA) terminated its order under the Safe Drinking Water Act to Illinois American Water Co. following completion of requirements to monitor the safety of drinking water in Cahokia Heights, Illinois, and to protect residents from potential exposure to contamination from sanitary sewer overflows.

“This order was, and still is, an important step in protecting the health of Cahokia Heights residents and the safety of their drinking water,” said EPA Region 5 Administrator Debra Shore. “EPA continues to work toward resolving the remaining issues affecting the Cahokia Heights community.”

Cahokia Heights is served by two different drinking water systems, one operated by Illinois American Water and the other by the city’s water and sewer department. EPA’s order was issued to both Illinois American Water and the city of Cahokia Heights in August 2021 based on violations and significant deficiencies found during an inspection of the two water systems. The order requires several steps that together will better monitor the drinking water systems and will help protect the health of Cahokia Heights residents. The city remains under EPA’s order as it continues to make infrastructure upgrades to resolve significant deficiencies.

Illinois American Water has demonstrated to EPA that it has satisfactorily completed the terms of the order and, though not required, has improved its community outreach by publishing newsletters, holding an open house for residents and designating staff to answer questions from the community.

Termination of the order does not relieve Illinois American Water of the ongoing obligation to comply with the requirements of the Safe Drinking Water Act and its regulations. In its role as the primacy agency, Illinois Environmental Protection Agency will continue to work with Illinois American Water to maintain compliance with applicable requirements. EPA will continue to track compliance of public water systems in Illinois, including Cahokia Heights, through routine coordination with the state.

EPA continues to meet with Cahokia Heights city officials and is working to address community members’ needs and concerns around water infrastructure. EPA provided the city a compliance advisor to provide training assistance to the system operator. Such assistance is made available to small under-resourced drinking water systems nationwide that may lack sufficient expertise.

For more information visit EPA’s website.

WASHINGTON — Today, the U.S. Environmental Protection Agency (EPA) took a major step to increase transparency by posting 10 years of pesticide incident data on its website. Sharing this information advances EPA’s commitment to environmental justice and aligns with EPA’s Equity Action Plan by expanding the availability of data and capacity so the public and community organizations can better understand pesticide exposures, including exposures to vulnerable populations.

This action also advances the President’s transparency goal of ensuring that the public, including members of communities with environmental justice concerns, has adequate access to information on federal activities related to human health or the environment, as charged in Executive Order 14096, Revitalizing Our Nation’s Commitment to Environmental Justice for All.

The data sets, which pull information from EPA’s Incident Data System (IDS), allow users to access raw data on pesticide exposure incidents such as the incident date, the reason for the report (e.g., adverse effect, product defect), and the severity of the incident. It may also provide information on the location of the incident, the pesticide product, and a description of the incident(s). EPA has not verified the raw data for accuracy or completeness, so users should be aware of this limitation before drawing any conclusions from the data.

“People have the right to know when accidental pesticide exposures or other incidents are reported to the Agency,” said EPA Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhoff. “It is particularly critical to share how pesticides may have impacted our most vulnerable populations, including children and farmworkers.”

EPA considers a pesticide incident as any exposure or effect from a pesticide’s use that is not expected or intended. Pesticide incidents may involve people, domestic animals (e.g., pets or livestock), wildlife, or the environment (e.g., air, soil, water, plants). Reporting a pesticide incident provides EPA with additional information on the effects and consequences of exposures to pesticides affecting people and the environment.

EPA receives information about pesticide incidents from a variety of sources. The incident reports contained in IDS include data from:

• pesticide manufacturers (registrants), as they are required to submit reports of unreasonable adverse effects from their products;
• reporting by the public through other entities (including state regulators for pesticide enforcement);
• information submitted when individuals send an email directly to EPA;
• the National Pesticide Information Center (NPIC); and
• the American Association of Poison Control Centers.

Prior to today’s action, EPA generally only provided incident information to the public when responding to requests under the Freedom of Information Act (FOIA) or as an incident summary as part of EPA’s pesticide registration review process. EPA has made these data accessible to expand the public’s access and understanding of pesticide incidents and pesticide-related illness. Releasing these data is responsive to many long-standing requests to share incident data with farmworker organizations and public health officials.

EPA has made the last 10 years of incident data accessible because incident data older than 10 years may not reflect pesticide product labels currently on the market due to label changes that may occur during registration review. EPA plans to update the data monthly going forward.

Background on EPA’s Review and Use of Incident Data

EPA completes a periodic review of pesticide registrations — including pesticide incidents — at least every 15 years to ensure that, as the ability to assess risk evolves and as policies and practices change, all registered pesticides continue to meet the statutory standard of no unreasonable adverse effects. EPA’s analysis may result in label changes to address any identified risks of concern. As mentioned above, this process is known as registration review.

During registration review, EPA conducts human health and environmental assessments to ensure that pesticides will not cause unreasonable adverse effects to human health or the environment. Human health risk assessments evaluate the nature and probability of adverse health effects occurring in people who may be exposed to chemicals in their daily activities (e.g., from food and water they consume, air they breathe, contact at work, or other activities). Ecological risk assessments evaluate how a pesticide is expected to move through and break down in the environment, and whether potential exposure to the pesticide will result in unreasonable adverse effects to wildlife and vegetation.

In addition, incident reports, both those submitted to the Agency and those available in open literature, can help EPA determine whether pesticides have adequate use directions and restrictions, protective safety equipment requirements for farmworkers and/or pesticide applicators, and any other necessary mitigation measures to reduce risk to humans and the environment.

Background on the Incident Data System

EPA is making two data sets public. The first data set contains incidents that were submitted to EPA with a description of the incident (e.g., who was involved, how it happened, and where the incident occurred). The second data set contains incidents that were submitted in aggregate to the Agency. Aggregate incidents are submitted in bulk, as outlined in the Agency’s PR Notice 98- 3 and only contain information on the product and the severity of the incident, with no narrative description. For either data set, a single submission may contain one or more incidents.

EPA is publishing these data sets to increase transparency to the public, but the Agency does not currently have the resources to answer individual questions about its content.

It is important to recognize that the data sets contain raw data that have never been reviewed for their validity or modified to facilitate public review. The Agency did not design the incident reporting system to cover only information known to be valid, and as such, cannot guarantee the accuracy, completeness, or adequacy of the contents of the data sets. People who download and use the data should exercise caution in drawing conclusions from the data.

For incident reports that contain personally identifiable information, EPA has made every effort to remove this information before making the records public. EPA will continue to redact this information as it updates the data sets each month.

To learn more, view the data sets and/or visit our About the Incident Data System webpage that explains how to search the data sets.

NEW YORK – The U.S. Environmental Protection Agency (EPA) is encouraging the public to comment on its proposed cleanup plan to excavate and remove soil contaminated with volatile organic compounds on the former AVX Corporation (AVX) property at the Olean Well Field Superfund site in Olean, New York. A 30-day public comment period for the proposed plan begins July 27, 2023. EPA will host a public meeting at the Cattaraugus County Campus of Jamestown Community College, 305 North Barry Street, Olean, New York, in the TECH Building, Mangano Reception Room, near the Cutco Theater on August 8, 2023, at 6:00 p.m. to explain this cleanup proposal. EPA is proposing to dig up and dispose of contaminated soil at the AVX Property. This method will protect those at risk as well as remove a source of groundwater contamination.

Today’s proposed plan will address soil contamination that was not fully resolved by prior cleanup actions. The contamination is under and near the former manufacturing building on the AVX Property. The plan calls for:

• Demolishing and removing the concrete slab floor and foundation supports
• Digging out the polluted soil that is not saturated with water
• Transporting and disposing of the dug-out material off-site
• Restoring the area with clean fill material

The Olean Well Field site is an approximately 1.5 square-mile area in Cattaraugus County that contains various wells, homes, and manufacturing facilities. Earlier industrial operations at the AVX property, as well as at three other facilities that EPA considers sources of site contamination, resulted in the contamination of soil and groundwater with trichloroethylene, 1,4-dioxane, and other volatile organic compounds. As a result of the contamination at all four facilities, EPA added the site to the Superfund list in 1983. Since that time, several investigations have led to cleanup remedies for the four source facilities impacting soil and groundwater, most of which are being carried out by parties responsible for the site.

Written comments on EPA's proposed plan may be mailed or emailed to Maeve Wurtz, Remedial Project Manager, U.S. Environmental Protection Agency, 290 Broadway – 19th Floor, New York, NY 10007, Email: Wurtz.maeve@epa.gov.

Visit the Olean Well Field Superfund site profile page for additional background and to view the proposed plan.

Follow EPA Region 2 on Twitter and Facebook page. For more information about EPA Region 2, visit our website.

23-066

BOSTON (July 26, 2023) — The U.S. Environmental Protection Agency (EPA) and Justice Department have reached a settlement with Taylor Farms New England, Inc. to resolve alleged violations of the Clean Air Act (CAA) and Emergency Planning and Community Right-to-Know Act (EPCRA) at the company's food processing facility in North Kingstown, Rhode Island. The alleged violations pertain to chemical release prevention and reporting requirements under both statutes. The company will pay $650,000 in civil penalties and ensure that 19 other facilities in the corporate family are audited to assess whether their ammonia refrigeration systems are being safely designed and operated.   

Taylor Farms uses anhydrous ammonia in the facility's refrigeration system. Anhydrous ammonia has many economic and operational benefits as a refrigerant; however, its use requires great care due to the chemical's toxicity and its flammability at certain vapor concentrations. Anhydrous ammonia can cause serious, often irreversible health effects when released. The chemical is considered an extremely hazardous substance.

"It's imperative that facilities properly handle extremely hazardous substances to prevent dangerous chemical accidents. Companies using extremely hazardous substances must coordinate closely with local emergency responders and planners to minimize harm if chemical accidents occur," said EPA New England Regional Administrator David W. Cash. "Carefully following chemical accident prevention regulations is necessary to safeguard workers and nearby communities. EPA works to protect all communities, including vulnerable populations who shoulder a greater share of these risks. We are pleased that under this settlement, Taylor Farms will assess the other ammonia refrigeration systems within their corporate family to see if they comply with industry standards of care. We urge other corporations to take this step."

Taylor Farm's Rhode Island facility uses approximately 16,000 lbs. of anhydrous ammonia as a refrigerant, which subjects it to the CAA's chemical accident prevention regulations (Risk Management Plan requirements), and to emergency planning and notification requirements under EPCRA. During an EPA inspection in 2019 to support local emergency responders and planners, EPA identified numerous concerns, including that the facility's evaporators were not protected from potential forklift impacts – even though the company's own hazard analysis had recommended protecting certain evaporators from impacts.

Subsequently, in April 2020 an ammonia release occurred when a forklift bumped into an evaporator located in a fruit storage room. The company had moved the evaporator to this location after conducting its initial process hazard analysis and had failed to identify the need to protect the evaporator prior to starting its operations. The incident resulted in hundreds of employees being evacuated, a road being shut down, food destroyed, and 14 employees requiring medical evaluation at a local hospital. EPA issued an administrative compliance order to the facility on June 11, 2020, to require the company to correct CAA and EPCRA violations and EPA subsequently referred the case to the Department of Justice. EPA also coordinated with the Occupational Health and Safety Administration, which issued its own citations.

Some of the key violations alleged in the complaint include failure to identify hazards, including from changes made to the facility; failure to timely follow through on recommendations made in the company's process hazard analysis; failure to document compliance with recognized and generally accepted good engineering practices; and failure to adequately coordinate with local emergency response and planning organizations.

Under the terms of the proposed settlement, Taylor Farms will pay $650,000 in penalties, implement  specific safety improvements at  the North Kingstown, R.I. facility, evaluate whether the facility's existing safety measures are adequate given employee language barriers, evaluate whether the facility's location in a storm surge evacuation zone and in an area subject to hurricane-force winds poses risks that should be assessed, and conduct safety audits of the ammonia refrigeration systems at  19 other facilities in the corporate family nationwide. Taylor Farms completed most of the compliance work needed at the Rhode Island facility after EPA issued its compliance order in 2020. 

Taylor Farms New England manufactures and stores perishable prepared foods for grocery stores and other retail businesses at a decommissioned naval air base in North Kingstown. The facility is in a hurricane evacuation zone. A worst-case release of ammonia from the facility could affect other businesses, a residential area, an elementary school, an airport, and a Rhode Island Air National Guard base. Hundreds of people work at the facility, many who are not native English-speakers. The North Kingstown facility is one of about 20 locations in the United States with ammonia refrigeration systems operated by the privately-owned Taylor Fresh Foods, Inc. corporate family.

Thousands of facilities nationwide make, use, and store extremely hazardous substances, including anhydrous ammonia. Catastrophic accidents at ammonia refrigeration facilities result in evacuations as well as fatalities, serious injuries, and other harms to human health and the environment.

More information:

The proposed consent decree is subject to a 30-day public comment period and approval by the federal court. Once it is published in the Federal Register, a copy of the consent decree will be available on the Justice Department website at: https://www.justice.gov/enrd/consent-decrees

Under the Clean Air Act, the Risk Management Program (RMP) Rule implements Section 112(r) of the 1990 Clean Air Act amendments, which requires certain facilities that use extremely hazardous substances over established threshold amounts to develop a Risk Management Plan. More information: https://www.epa.gov/rmp

In the Clean Air Act Amendments of 1990, Congress also enacted Section 112(r)(1), known as the General Duty Clause (GDC). It applies to facilities where extremely hazardous substances are present, regardless of the amount of extremely hazardous substance at the facility. The GDC requires such facilities to identify hazards, design and maintain a safe facility, and minimize the consequences of releases. More information: https://www.epa.gov/rmp/general-duty-clause-under-clean-air-act-section-112r1

The Emergency Planning and Community Right-to-Know Act of 1986 was authorized by Title III of the Superfund Amendments and Reauthorization Act to help communities plan for chemical emergencies. It requires industry to report on the storage, use, and releases of certain chemicals to federal, state, tribal, territorial, and/or local governments. It also requires these reports to be used to prepare for and protect their communities from potential risks. More information: https://www.epa.gov/epcra

Compliance resources for facilities with ammonia refrigeration systems: https://www.epa.gov/enforcement/compliance-assistance-tools-and-resources-ammonia-refrigeration-sector

BOSTON (26 de julio de 2023) — La Agencia de Protección Ambiental (EPA) de EE. UU. y el Departamento de Justicia llegaron a un acuerdo con Taylor Farms New England, Inc. para resolver presuntas infracciones a la Ley de Aire Limpio (CAA) y la Ley de Planificación para Emergencias y Derecho a Saber de la Comunidad (EPCRA) en la planta de procesamiento de alimentos de la empresa, en North Kingstown, Rhode Island. Las infracciones específicas corresponden a los requisitos de prevención y notificación de emisiones de sustancias químicas incluidas en ambos estatutos. La empresa pagará USD 650 000 en multas civiles y se asegurará de auditar a otras 19 instalaciones de la familia corporativa para evaluar si sus sistemas de refrigeración a base de amoníaco se están diseñando y operando de manera segura.  

Taylor Farms usa amoníaco anhidro en el sistema de refrigeración de la instalación. El amoníaco anhidro tiene diversos beneficios económicos y operativos como refrigerante; sin embargo, su uso exige mucho cuidado por su toxicidad química e inflamabilidad en ciertas concentraciones de vapor. El amoníaco anhidro, al liberarse, puede causar efectos graves y a menudo irreversibles sobre la salud. Se considera que la sustancia química es sumamente peligrosa.

«Es imperativo que las instalaciones manejen de forma adecuada las sustancias químicas extremadamente peligrosas para evitar accidentes graves. Las empresas que usan sustancias químicas extremadamente peligrosas deben trabajar de forma muy coordinada con el personal local de planificación y respuesta ante emergencias para reducir al mínimo los daños si se produce un accidente con estas sustancias», expresó el administrador regional de la EPA en Nueva Inglaterra, David W. Cash. «Es necesario cumplir a conciencia las reglamentaciones de prevención de accidentes con sustancias químicas para resguardar a los trabajadores y a las comunidades cercanas. La EPA trabaja para proteger a todas las comunidades, incluidas las poblaciones vulnerables que enfrentan una mayor parte de estos riesgos. Estamos contentos porque, en virtud de este acuerdo, Taylor Farms evaluará los otros sistemas de refrigeración a base de amoníaco de su familia corporativa para ver si cumplen con los estándares industriales de referencia. Instamos a las otras corporaciones a tomar esta medida».

La instalación de Taylor Farm en Rhode Island utiliza aproximadamente 16 000 libras de amoníaco anhidro como refrigerante, lo que la somete a las reglamentaciones de prevención de accidentes con sustancias químicas de la CAA (requisitos del Plan de Manejo de Riesgos) y a los requisitos de notificación y planificación ante emergencias de la EPCRA. Durante una inspección de la EPA en 2019 con el fin de apoyar al personal local de planificación y respuesta ante emergencias, la EPA identificó varios problemas, por ejemplo, que los evaporadores de la instalación no estaban protegidos contra posibles impactos de los autoelevadores, a pesar de que en el propio análisis de riesgos de la empresa se había recomendado la protección de ciertos evaporadores contra los impactos.

Posteriormente, en abril de 2020, se produjo una emisión de amoníaco cuando un autoelevador chocó con un evaporador ubicado en una sala de almacenamiento de frutas. La empresa había llevado el evaporador a esta ubicación después de realizar el análisis inicial de riesgos del proceso y no había identificado la necesidad de proteger al evaporador antes de comenzar sus operaciones. El incidente obligó a evacuar a cientos de empleados, exigió que se cortara una carretera, destruyó alimentos e hizo que 14 empleados debieran ir al hospital local para una evaluación médica. La EPA emitió una orden de cumplimiento administrativo para la instalación el 11 de junio de 2020, para exigir que la empresa corrigiera las infracciones de la CAA y la EPCRA, y posteriormente remitió el caso al Departamento de Justicia. La EPA también trabajó de forma coordinada con la Administración de Salud y Seguridad Ocupacional, que emitió sus propias citaciones.

Algunas de las infracciones clave alegadas en el reclamo incluyen no haber identificado los peligros, incluso aquellos originados por los cambios realizados en la instalación; no haber cumplido oportunamente las recomendaciones formuladas en el análisis de riesgos del proceso de la empresa; no haber documentado el cumplimiento de las prácticas de ingeniería reconocidas y generalmente aceptadas; y no haber coordinado correctamente con las organizaciones locales de planificación y respuesta ante emergencias.

Conforme a los términos del acuerdo propuesto, Taylor Farms pagará USD 650 000 en multas; implementará mejoras específicas en la seguridad de la instalación de North Kingstown, R.I.; evaluará si las medidas de seguridad existentes en la instalación son adecuadas dadas las barreras idiomáticas de los empleados; evaluará si la ubicación de la planta en una zona de evacuación por marejada ciclónica y sujeta a vientos huracanados plantea riesgos que deben analizarse; y realizará auditorías de seguridad de los sistemas de refrigeración a base de amoníaco en las otras 19 instalaciones de la familia corporativa, en todo el país. Taylor Farms completó la mayor parte del trabajo de cumplimiento necesario en la instalación de Rhode Island después de que la EPA emitiera su orden de cumplimiento en 2020. 

Taylor Farms de Nueva Inglaterra fabrica y almacena alimentos perecederos para tiendas de comestibles y otros negocios minoristas en una base aérea naval fuera de servicio en North Kingstown. La instalación está en una zona de evacuación por huracanes. En el peor de los casos, un escape de amoníaco de la instalación podría afectar a otros negocios, un área residencial, una escuela primaria, un aeropuerto y una base de la Guardia Nacional Aérea de Rhode Island. En la instalación trabajan cientos de personas, muchas de las cuales no son hablantes nativos de inglés. La instalación de North Kingstown es una de las 20 ubicaciones de Estados Unidos con sistemas de refrigeración a base de amoníaco operadas por la familia corporativa privada de Taylor Fresh Foods, Inc.

Miles de plantas de todo el país producen, usan y almacenan sustancias extremadamente peligrosas, entre ellas, el amoníaco anhidro. Los accidentes catastróficos en estas instalaciones de refrigeración a base de amoníaco traen aparejadas evacuaciones, además de fatalidades, lesiones graves y otros daños para la salud humana y el medioambiente.

Más información:

El decreto de consentimiento propuesto está sujeto a un periodo de comentarios públicos de 30 días y la aprobación por el tribunal federal. Una vez que se haya publicado en el Registro Federal, una copia del decreto de consentimiento estará disponible en el sitio web del Departamento de Justicia de EE. UU. en: https://www.justice.gov/enrd/consent-decrees

Conforme a la Ley de Aire Limpio, en la Regla del Programa de Manejo de Riesgos (RMP), se implementa la Sección 112(r) de las enmiendas a la Ley de Aire Limpio de 1990, que requiere que determinadas instalaciones que usan sustancias extremadamente peligrosas por encima de umbrales establecidos creen un Plan de Manejo de Riesgos. Más información: https://www.epa.gov/rmp

En las Enmiendas a la Ley de Aire Limpio de 1990, el Congreso también promulgó la Sección 112(r)(1), conocida como Cláusula de Obligación General (GDC). Esta se aplica a las instalaciones en las que hay sustancias extremadamente peligrosas, independientemente de la cantidad de dicha sustancia presente en la planta. La GDC exige que estas instalaciones identifiquen los peligros, diseñen y mantengan instalaciones seguras, y reduzcan al mínimo las consecuencias de las emisiones. Más información: https://www.epa.gov/rmp/general-duty-clause-under-clean-air-act-section-112r1

La Ley de Planificación para Emergencias y Derecho a Saber de la Comunidad de 1986 fue autorizada por el Título III de la Ley de Reautorización y Enmiendas de Superfund para ayudar a las comunidades a planificar respuestas ante emergencias con sustancias químicas. Esta exige que las industrias informen acerca del almacenamiento, el uso y las emisiones de ciertas sustancias químicas a los gobiernos federales, estatales, tribales, territoriales o locales. También exige que estos informes se utilicen para preparar y proteger a las comunidades de los posibles riesgos. Más información: https://www.epa.gov/epcra

Recursos de cumplimiento para las instalaciones con sistemas de refrigeración a base de amoníaco: https://www.epa.gov/enforcement/compliance-assistance-tools-and-resources-ammonia-refrigeration-sector

WASHINGTON – The Environmental Protection Agency (EPA), Justice Department, the Mississippi Department of Environmental Quality (MDEQ), and the City of Jackson, Mississippi, agreed to a proposed stipulated order, lodged today in federal district court, to expedite needed sewer system repairs and to address spills of raw and undertreated sewage into homes, businesses, streets, yards and waterways. Under the terms of the agreement, the federal court would appoint Ted Henifin as interim third-party manager of the city’s sewer system. Henifin, who has been serving as interim third-party manager for the city’s drinking water system since November 2022, would manage, operate and maintain the city’s sewer system.

The proposal is an interim measure until the parties negotiate modifications to a judicially enforceable consent decree to achieve the sewer system’s long-term compliance with federal and state regulations. The proposed stipulated order is subject to a public comment period through August 31, 2023, during which public meetings will be held in the City of Jackson. 

“In November of last year, the Justice Department filed a proposal to appoint a third-party manager to oversee and implement improvements to Jackson’s drinking water system,” said Principal Deputy Assistant Administrator Larry Starfield of EPA’s Office of Enforcement and Compliance Assurance. “Today, we continue to protect the health and safety of Jackson residents by proposing the oversight and programs needed to restore Jackson’s sewer systems.”

“Under today’s agreement, expedited measures will be taken to address the City of Jackson’s deteriorating sewer infrastructure and inadequate operation and maintenance, which have caused residents and businesses to endure sewage discharges that threaten public health and the environment,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This action shows the continuing commitment of the Justice Department to seek justice, health and safety for the residents of Jackson, Mississippi, and to prioritize enforcement in the communities most burdened by environmental harm.”

“This agreement is an appropriate next step in our enforcement efforts to ensure that the City of Jackson lives up to its responsibility, pursuant to the federal Clean Water Act and Mississippi law, to address and correct issues with its sewer system,” said Executive Director Chris Wells of the Mississippi Department of Environmental Quality.

The agreement acknowledges that the city failed to achieve significant progress under a 2013 settlement among the parties that was entered by the federal court as a consent decree, and that the sewer system has further deteriorated over the last ten years, resulting in violations of the settlement, the federal Clean Water Act (CWA), the Mississippi Air and Water Pollution Control Law (MAWPCL) and the city’s National Pollutant Discharge Elimination System (NPDES) permits associated with the sewer system.

The agreement requires implementation of certain programs and capital projects to improve the sewer system’s condition, operations, and maintenance that are anticipated to bring near-term relief to the city’s residents and businesses.

The interim third-party manager would have the authority to, among other things:

• Operate and maintain the city’s sewer system in compliance with the CWA, MAWPCL, and NPDES permits;
• Implement capital improvements to the city’s sewer system. This includes a set of priority projects to investigate and repair certain areas of the sewer system (including 215 areas previously identified by the city as emergency sewer failure locations), and certain repair work associated with the Savanna and Trahon wastewater treatment plants; and
• Implement or continue implementing programs to post signage about sewer overflows for which there is a reasonable expectation of public exposure; keep fats, oils, and grease out of the sewer system; and clean and inspect lines on a recurring schedule.

Under the proposal, the EPA, the Justice Department, the MDEQ, and the City of Jackson will resume negotiations within three years to modify the 2013 settlement to achieve long-term compliance with the CWA, MAWPCL and NPDES permits.

A copy of the proposed stipulated order and instructions for submitting public comments is available on the Department of Justice website. All comments must be electronically submitted or postmarked by August 31.

Public meetings to receive comments are planned at the Mississippi e-Center, 1230 Raymond Road, Jackson, MS on August 21st, from 6pm – 8 pm.  Additional meetings are being planned and will be announced separately. More information and details on the public meetings. 

The case is being litigated by the Environment and Natural Resources Division’s Environmental Enforcement Section, in conjunction with EPA and the Mississippi Department of Environmental Quality.

Learn more about how members of the public can help protect our environment by identifying and reporting environmental violations. 

NEW YORK – The U.S. Environmental Protection Agency (EPA) has settled a case against The Ritz-Carlton Resort on St. Thomas, USVI, for its failure to monitor and report on discharges of treated wastewater coming from the resort, as required by the Clean Water Act. The Ritz-Carlton was late with its monitoring requirements over a period that spanned nearly five years, in violation of its Clean Water Act permit. The company will pay a civil penalty of $30,000 and has already addressed the cause of the violations. Additionally, the company will undertake a supplemental environmental project (SEP) estimated to cost approximately $27,000 to protect a wetland and improve water quality in Turquoise Bay.

“The Ritz Carlton is required to monitor its discharges into the ocean under the conditions of the Clean Water Act permit,” said EPA Regional Administrator Lisa F. Garcia. “EPA will hold companies accountable when they violate critical laws that protect public health and the environment.”

The Ritz-Carlton’s failures to carry out its responsibilities under its permit resulted in significant environmental non-compliance, an important measure that the agency uses to track repeated violations at a facility. When a party applies for and receives a permit to discharge under the Clean Water Act, the person or company is then responsible for monitoring their discharges for specific pollutants and reporting those results. These requirements form the basis of the EPA’s ability to ensure compliance with the Clean Water Act. In this case, EPA’s review of its national data system found inadequate monitoring of treated wastewater discharges from the Ritz-Carlton’s desalination operations, which is a violation of the resort’s permit.

Furthermore, Ritz-Carlton will perform a supplemental environmental project consisting of an oil and water separator and sediment trap to abate the discharge of oil and sediment into Turquoise Bay and a second sediment trap to minimize the discharge of sediment into a wetland on the resort’s property. These controls will improve the health of those waters and will benefit the people and wildlife that depend on them.

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