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BOSTON (April 25, 2024) – Interplex Engineered Products, a manufacturer of electrical conductors located in East Providence, Rhode Island, will pay a fine of $59,044 as part of a settlement with the U.S. Environmental Protection Agency relating to alleged violations of hazardous waste management laws. Under the settlement, the company has agreed to pay a penalty of $59,044 for seven alleged violations, and certified compliance for the facility with RCRA and state hazardous waste regulations.

"It is crucial that companies properly manage their hazardous wastes," said EPA New England Regional Administrator David W. Cash. "Improper management of these wastes can lead to releases of dangerous chemicals – in this case cyanide waste. Due to EPA's enforcement action, these storage violations are being rightfully addressed, and the company has agreed to correct its mistakes and practice compliance moving forward."

EPA alleged that Interplex Engineered Products, Inc. violated the Resource Conservation and Recovery Act and federally-authorized Rhode Island hazardous waste management regulations, at its Rhode Island facility. The facility's wastewater treatment area had a hazardous waste storage area that contained 12, 55-gallon drums of cyanide waste. The drums were stored near a grated drainage trench in the floor. This drainage trench, which ran through various other parts of the wastewater treatment area, served to capture any spilled liquid material, and transport it to a sump. Other parts of the wastewater treatment area served by the trench were designated to store sulfuric acid and other acids.

If both sulfuric acid and cyanide waste were spilled and mixed in the trench or in the sump, the mixture could react and generate toxic and flammable vapors. The violations alleged by EPA include failure to minimize the possibility of fire, explosion, or unplanned release of hazardous waste; not maintaining adequate aisle space between waste containers; not conducting weekly inspections; not keeping waste containers closed, labelled, and dated; and not providing the contingency plan to local authorities.

Interplex is owned by Interplex Holdings, a multinational company headquartered in Singapore that manufactures electrical connectors for the auto, medical, and information/communication industries. The company generates numerous forms of waste at its East Providence facility, including hazardous waste. Specifically, Interplex generates cyanide waste through some of its activities at the facility as a job shop, providing molding, reel-to-reel plating, skiving, and assembly of electrical connectors.

More information

EPA enforcement of hazardous waste requirements

LOS ANGELES – The U.S. Environmental Protection Agency (EPA) and the California Environmental Protection Agency (CalEPA) today released a two-year action plan to collaboratively address environmental justice issues across California by enforcing laws that protect public health and the environment.

In 2021, EPA and CalEPA signed a five-year, first-of-its-kind agreement to expand joint federal-state activities for reducing pollution burdens, increasing environmental compliance and improving public health outcomes in overburdened California communities. In late 2022, the agencies released a 2023 Action Plan, and today they are releasing a 2024/25 action plan under the initial agreement, which builds on feedback from community partners and helps guide the agencies’ shared civil and criminal enforcement approaches through 2025.

“We are proud to continue this groundbreaking partnership with CalEPA to help ensure cleaner air, water and land for underserved communities across California,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “Enforcement of environmental laws has an enormous potential to address environmental justice issues, and working collaboratively with a committed state partner like CalEPA allows both agencies to focus our resources more narrowly on addressing community priorities.” 

“CalEPA has long committed to working closely with community partners to understand and best respond to enforcement and compliance challenges impacting their health and wellbeing. We are excited to continue our first-of-its-kind partnership with U.S. EPA and leverage our shared resources to improve air, water, and soil quality and hold corporate polluters accountable,” said CalEPA Secretary Yana Garcia.

Focal areas under the 2024/2025 Environmental Justice Enforcement Action Plan include:

• A renewed commitment to enhanced, sustained engagement with the five community forums in Los Angeles, Fresno County, Kern County, the Eastern Coachella Valley and the Bayview-Hunters Point community in San Francisco, which were piloted under the 2023 action plan.
• Continued use of rapid response task forces.
• Increased transparency and access to environmental compliance information for the public.
• Strengthened connections, including enhanced opportunities for information sharing across communities and improved communication among program areas within agencies.

Through partnerships in each of these areas, EPA and CalEPA start with a community-first approach for strategic targeting and enforcement. The agencies convene monthly meetings to understand community concerns, follow up on all complaints, work across environmental areas (e.g., air, soil, water) and levels of government to seek solutions, and regularly communicate with the forum’s participants regarding their progress and any challenges. EPA and CalEPA may use civil and criminal enforcement tools at their disposal to determine the most appropriate actions to hold facilities accountable or, when needed, refer them to the most appropriate authority.

Local successes and commitments from this partnership include:

• Response to fire at Radius Recycling in Oakland – In August 2023, a fire was reported at Radius Recycling (formerly known as Schnitzer Steel) in Oakland. After the fire was extinguished, the community had questions about persisting environmental threats from the incident. In response, EPA and CalEPA set up a rapid response task force to coordinate and expedite investigations, negotiate corrective actions, and demand accountability for environmental non-compliance. It also compiled and consolidated information and distributed it to regulators and to the public. The task force now serves as the prototype for the agencies’ new rapid response task force tool.
• Illegal Dumping in Fresno County – Communities in Fresno, like many across the state, are burdened by illegal dumping. After learning from community members about a large and longstanding illegal dumpsite in Lanare, an unincorporated community in Fresno County, EPA and CalEPA engaged the relevant state and local agencies to remove and clean up the illegal dumpsite. These efforts wrapped up in February of 2023. Under the federal-state partnership, as part of ongoing action to enhance and sustain engagement with community forums, the agencies continue to partner with the Fresno IVAN (Investigating Violations Affecting Neighborhoods) to address illegal dumping elsewhere in the county.
• Del Amo Action Committee Participation in Emergency Response Drill – The Del Amo Action Committee, a key community partner in Los Angeles, has long expressed concerns about JCI Jones, a chemical facility located immediately adjacent to residential neighborhoods in Torrance, California. Residents wanted to have a voice in emergency response planning, in the event of a chemical release. Acting on these requests, EPA and CalEPA worked with JCI Jones and local emergency responders to conduct an emergency response drill with community participation. As a result, the community is working on an emergency response plan for their community that they expect to release by early 2025.
• Alameda Corridor in Los Angeles – As part of EPA’s national priority enforcement initiatives, the Agency has committed to identifying and taking action in focus areas with environmental justice concerns across the country. One of those areas is the Mid-Alameda Corridor in Los Angeles, a 35-square-mile area with nearly half a million residents. EPA will engage with environmental and community groups in the area to receive input on challenges and investigate specific facilities or areas of concern. EPA will partner with relevant California state and local partners as part of this effort.

Read the 2024/2025 Environmental Justice Enforcement Action Plan on EPA’s website.

Read about implementation of the previous Action Plan on CalEPA’s website.

Learn about EPA’s Pacific Southwest Region. Connect with us on Facebook, Instagram, and X.

PHILADELPHIA (April. 23, 2024) –Today, the U.S. Environmental Protection Agency announced settlement of a multi-media case against a Maryland oil recycling facility. Petroleum Recovery and Remediation Management, Inc. (PMI) will pay a $230,000 penalty to settle alleged Clean Air Act, Resource Conservation and Recovery Act and Clean Water Act violations at its Baltimore, Maryland facility.  

Included violations are related to processing, recycling and disposal of waste oil material including operation of bulk storage tanks, with concomitant risks of emissions of hazardous air pollutants, among other risks to human health and the environment.

The processing facility, located at 5200 and 5218 Curtis Avenue, receives, separates, and stores petroleum contaminated hazardous and non-hazardous waste materials, including liquids, sludge and solids for disposal, processing and recycling.

Prior to this settlement, PMI and EPA entered a compliance order requiring PMI to take actions to come into compliance with the CAA, RCRA, and CWA. The Facility now only stores used oils and diesel fuels, no longer receives volatile liquids and no longer has the processing equipment that was the main cause of the underlying violations.

The facility is in an area of potential Environmental Justice concern. Protecting communities with potential EJ concerns is a shared goal and responsibility of EPA and our partner agencies, including the Maryland Department of the Environment. EPA conducts joint planning with states and other co-regulators and, whenever possible, endeavors to perform enforcement and compliance work in partnership with them.

WASHINGTON – The U.S. Environmental Protection Agency’s Office of Enforcement and Compliance Assurance recently issued its Strategic Civil-Criminal Enforcement Policy to strengthen the partnership between EPA’s civil and criminal enforcement programs. Collaboration between the two program offices is critical to promote robust and fair enforcement that holds polluters accountable, ensures justice for communities scarred by pollution, and upholds the rule of law to level the playing field for law-abiding companies.

This policy reinforces EPA’s efforts to reinvigorate its enforcement program under the leadership of Administrator Michael S. Regan. It identifies practices that will help ensure a more collaborative relationship between EPA’s civil and criminal enforcement offices going forward. The policy mandates joint strategic planning, rigorous case screening, and regular communication throughout the life of an enforcement matter.  A stronger partnership between EPA’s civil and criminal enforcement programs will enable EPA to better deliver on its commitment to realize the full benefits of environmental laws and promote greater fairness in enforcement.

“A fair and robust enforcement program requires strong alignment between EPA’s civil and criminal enforcement programs to hold polluters accountable, deter violations, and protect communities,” said Assistant Administrator David M. Uhlmann for EPA’s Office of Enforcement and Compliance Assurance. “With an integrated enforcement program, defined by a dynamic and strategic partnership between civil and criminal enforcement, EPA will be better able to address 21st century environmental problems and deliver on the promise of our Nation’s environmental laws.”

The policy requires the program offices to:

• Increase collaboration throughout the strategic planning process,
• Enhance case screening and improve case management to promote information sharing about violations, and
• Update training programs to ensure effective partnership between civil and criminal enforcement offices and factors to consider in deciding whether to pursue criminal, civil, or administrative enforcement.

The new policy, effective immediately, was developed in close collaboration and consultation with regional and national enforcement programs. 

For more information about EPA’s Enforcement program and learn how we address pollution problems please visit the agency’s Enforcement website.

EPA encourages the public to help the agency fulfill its mission to protect human health and the environment by sharing information about potentially harmful environmental activities in their communities or workplaces. To report a potential violation, visit EPA’s Report an Environmental Violation website.

BOSTON (April 23, 2024) – The U.S. Environmental Protection Agency recently reached a settlement with WestFair Painting Corp., a local franchisee of CertaPro Painters located in Bethel, Connecticut, for alleged violations of the federal Lead Renovation, Repair and Painting Rule (RRP Rule). As a result of EPA's action, the company will be required to come into compliance with the RRP Rule and agreed to pay a penalty of $13,122.

"Companies certified under the Lead RRP Rule know the dangers of renovating properties with lead paint hazards and hiring contractors without proper lead training and certification is unacceptable," said EPA New England Regional Administrator David W. Cash. "Thankfully EPA's action will help ensure children, who are the most vulnerable to lead exposure and its health effects, are further protected where they live and play."

In March 2023, EPA conducted a routine inspection of WestFair Painting Corp, an RRP-certified firm that employs a certified, RRP-trained renovator. EPA alleges that, at the time of inspection, the company failed to provide the Renovate Right pamphlet and retain RRP Rule records, both required under the RRP Rule. Additionally, WestFair allegedly hired subcontractors that were not certified as a firm by EPA or renovator certified in lead-safe work practices under the RRP Rule. EPA alleges that the violations occurred in at least five renovation jobs, including one property that was child-occupied.

Background

The federal Lead Renovation, Repair and Painting Rule aims to protect occupants from lead-based paint hazards created by renovation, repair, and painting activities that disturb lead-based paint in target housing. The regulations require contractors, property owners, managers, and others who perform repairs and renovations of target housing for compensation that disturb more than six square feet of interior or twenty square feet of exterior painted surface to provide notification to owners and occupants; ensure that renovators, contractors, and dust sampling technicians are properly trained; obtain proper certification for renovators, contractors, and dust sampling technicians; use lead-safe renovation work practices; obtain certification for the firm from EPA; and, keep records for at least three years.

More information:

Lead Renovation, Repair and Painting Rule

Report a Lead RRP Rule violation in New England

EPA Lead Information

SAN FRANCISCO —Today, the U.S. Environmental Protection Agency (EPA) and the San Francisco Bay Regional Water Quality Control Board announced that the East Bay Municipal Utility District (EBMUD) and six East Bay cities will be assessed $372,876 in penalties for violating settlement terms designed to prevent untreated sewage from entering San Francisco Bay.

Under a 2014 Clean Water Act settlement, EBMUD and seven East Bay cities paid a $1.5 million civil penalty for past sewage discharges. They agreed to assess and upgrade their 1,600-mile-long sewer system infrastructure over 21 years. Since then, over 114 miles of sewer main pipe have been rehabilitated or replaced and over 650 miles of private sewer laterals have been certified as leak-free.

“These East Bay cities and utilities made commitments to upgrade aging sewer infrastructure, which is a necessary step for protecting the waters of San Francisco Bay and surrounding communities,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “We’re taking this action to ensure they live up to those commitments and undertake the efforts needed to renew wastewater infrastructure.”

The parties are being assessed the following penalties for violations of the settlement that occurred between July 2021 and June 2023: 

• City of Oakland - $278,200 - Failure to prevent 67 sanitary sewer overflows from reaching waters.
• EBMUD - $28,000 - Failure to prevent a sanitary sewer overflow from reaching waters and failure to meet effluent limitations for coliform.
• Stege Sanitary District (serving El Cerrito, Kensington, and a portion of Richmond) - $25,000 - Failure to prevent a sanitary sewer overflow from reaching waters.
• City of Piedmont - $15,876 - Failure to timely rehabilitate the required footage of sewer mains.
• City of Alameda - $200 - Failure to prevent a sanitary sewer overflow from reaching waters.
• City of Albany - $25,000 - Failure to prevent a sanitary sewer overflow from reaching waters.
• City of Berkeley - $600 - Failure to prevent three sanitary sewer overflows from reaching waters.

When wastewater infrastructure is not properly maintained, untreated sewage can escape and be discharged to the bay. Older sewer systems in particular can be overwhelmed during rainstorms, releasing untreated sewage. In addition to polluting waterways, untreated sewage can spread disease-causing organisms, metals and nutrients that threaten public health. Sewage can also deplete oxygen in the bay, threatening fish, seals and other wildlife.

Read the settlement on EPA’s website.  

Learn more about efforts to protect San Francisco Bay.

Learn about EPA’s Pacific Southwest Region. Connect with us on Facebook, Instagram, and X. 

Lexington, Kentucky (April 10, 2024) – The U.S. Environmental Protection Agency and the Commonwealth of Kentucky are working with the City of Lexington, Kentucky to extend the compliance deadline of an existing consent decree to resolve issues related to the city’s sanitary sewer systems. The amended consent decree, which will be lodged with the Court and subject to a public comment period before it is entered by the Court, will extend the current compliance deadline for the city to complete sewer system improvements from December 2026 to December 2030.

Since the original consent decree was signed, the City of Lexington has completed 75 remedial projects focused on improvements to the sewer system, but the City needs additional time to complete the remaining projects. In addition to addressing supply chain delays and workforce disruptions, the extension of the deadline will allow for timely completion of an expanded scope of projects that was not contemplated at the time the existing compliance schedule was established, including a 50 percent increase in the flow capacity of the East Hickman Force Main, a 2-million gallons per day upgrade to the East Hickman Pump Station, and a nearly 50 percent increase to the East Hickman wet weather storage facility.

The original consent decree, which was finalized in January 2011, resolved a lawsuit that the EPA and the Commonwealth of Kentucky filed against the City of Lexington for violations of the Clean Water Act related to sanitary sewer overflows. The consent decree required the study, design, and implementation of numerous construction projects to repair and upgrade sewer system infrastructure to prevent the discharge of sewage into surface water streams during periods of heavy rainfall. Improvement projects already implemented by the city have abated 85 recurring sanitary sewer overflows. These results have contributed to the reduction of pollutants to waters that can cause water quality problems and human health impacts due to exposure to raw sewage. Furthermore, the proposed schedule of the amended consent decree also anticipates having 90% of the listed recurring sanitary sewer overflows abated by December 2026.

The consent decree, lodged in the U.S. District Court for the Eastern District of Kentucky is subject to a 30-day public comment period and approval by the federal court. The consent decree can be viewed on the Department of Justice website.

For more information, please visit the website for this consent decree.

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WASHINGTON – Today, April 10, The Environmental Protection Agency (EPA) and the U.S. Department of Justice reached a settlement with Colonial Oil Industries Inc., that will require the company to pay a civil penalty of more than $2.8 million and spend an estimated $12.2 million to offset the detrimental human health and environmental impacts of Colonial’s alleged failure to meet obligations under the Clean Air Act’s Renewable Fuel Standard (RFS) program and gasoline volatility standards.

“Renewable fuels play a critical role in diversifying our country’s energy mix and reducing greenhouse gas emissions, all while providing good paying jobs and economic benefits to communities across the country,” said Assistant Administrator David M. Uhlmann of the EPA’s Office of Enforcement and Compliance Assurance. “This settlement once more puts gasoline and diesel refiners and importers on notice that they must meet their obligations to reduce climate- and health-harming pollution and that there will be consequences if they do not.”

Between 2013 and 2019, Colonial excluded certain fuel it supplied to marine vessels from its renewable volume obligations calculations in violation of the RFS regulations. Fuel intended for use only in ocean-going vessels is not required to be included in renewable volume obligation calculations. But not all marine vessels are ocean-going vessels, and volumes supplied to non-oceangoing vessels must be included in such calculations. Colonial’s actions resulted in less renewable fuel being used in lieu of gasoline and diesel fuel, causing increased greenhouse gas emissions.

“The creation and use of renewable fuels reduces overall greenhouse gas emissions,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This proposed settlement will hold Colonial to the same renewable fuel requirements that all importers and producers must adhere to.”

Under the RFS program, refiners or importers of gasoline or diesel fuel are required to either blend renewable fuels into transportation fuel or purchase credits known as Renewable Identification Numbers (RINs) to meet their renewable volume obligations. Between 2013 and 2019, Colonial failed to purchase and retire enough RINs. The settlement requires Colonial to purchase and retire over 9 million RINs within two years at an estimated cost of approximately $12.2 million. The RIN purchase and retirements is estimated to result in over 18,300 metric tons of carbon dioxide equivalent reductions which equates to powering 2,386 homes’ energy use or 4,355 gasoline cars for a year.

Colonial also sold over a million gallons of gasoline that failed to meet the applicable volatility standard which is intended to reduce evaporative emissions during the summer season from gasoline that contributes to smog and to reduce the effects of ozone-related health problems such as asthma, emphysema and chronic bronchitis.

The proposed settlement, lodged in the U.S. District Court for the Southern District of Georgia, is subject to a 30-day public comment period and final court approval.

Additional Information

For more information about today’s settlement, please visit the Colonial Oil Clean Air Act Settlement webpage.

Information on submitting comments is available on the Justice Department’s website.  

SAN FRANCISCO – The U.S. Environmental Protection Agency (EPA) today announced a proposed settlement with Shasta-Siskiyou Transport of Redding, Calif. to resolve claims of Clean Water Act (CWA) violations after one of the company’s trucks overturned and a fuel product spilled into storm drains in downtown Redding. The fuel reached the Sacramento River. The proposed settlement requires Shasta-Siskiyou Transport to pay a civil penalty of $208,840.

“Fuel products can cause severe harm to our waters, wildlife and ecosystems, so it’s imperative that they be transported in a safe manner,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “This proposed settlement shows EPA’s commitment to holding accountable entities that pollute waterways in the San Francisco Bay watershed.”

On Jan. 21, 2022, one of Shasta-Siskiyou Transport’s trucks was transporting transmix, a mixture of gasoline, diesel fuel, and other petroleum distillates, when the truck overturned in downtown Redding, releasing transmix into nearby storm drains, which led directly to Calaboose Creek and subsequently into the Sacramento River. The Sacramento River flows into the San Francisco Bay and the Pacific Ocean, and EPA alleges that Shasta-Siskiyou Transport’s truck released transmix in such quantities that may be harmful.

The proposed settlement is subject to public notice and comment. Members of the public can comment on the proposed settlement on EPA’s website.

Additional Information:

For more information on reporting possible violations of environmental laws and regulations visit EPA’s enforcement reporting website.

Learn about EPA’s Pacific Southwest Region. Connect with us on Facebook, Instagram, and X. 

WASHINGTON – Today, April 10, the U.S. Environmental Protection Agency (EPA), filed a complaint against USA Wholesale, Inc. (“USA Wholesale”), a San Jose corporation which sells engine lubricants, for unlawfully importing hydrofluorocarbons (HFCs) through a port of the United States in 2022. 1 This is the first time EPA has used its authority under the American Innovation and Manufacturing Act of 2020 (“AIM Act”), to file an administrative complaint for illegally importing HFCs. The AIM Act, which implements the Kigali Amendment to the Montreal Protocol, by 2036 requires the United States to phase down HFC production and consumption by 85%. 

 EPA designated climate change mitigation as a National Enforcement and Compliance Initiative (pdf), which includes addressing the illegal import of HFCs under the current phasedown. Over the last several months, the agency has taken several enforcement actions against companies for their illegal import of HFCs.
 
“EPA is using every enforcement tool available to hold companies accountable for the illegal importation of refrigerants that damage our climate and imperil future generations,” said David M. Uhlmann, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “This first-ever administrative complaint for the unlawful import of super-polluting HFCs advances EPA’s National Enforcement and Compliance Initiative on Mitigating Climate Change and demonstrates how EPA is intensifying its efforts to prevent the illegal importation of HFCs.” 2

USA Wholesale attempted to illegally import 34,480.3 pounds of HFC-134a, which is a potent greenhouse gas with a 100-year global warming potential of 1,430. EPA issued a letter recommending that Customs and Border Protection 3 deny the shipment entry into the U.S., and the HFCs were subsequently exported. If released into the atmosphere, these HFCs are the equivalent of 22,365 metric tons of carbon dioxide (“CO2”) or the same amount of CO2 produced from powering 4,414 homes with electricity for a year. 

 The complaint seeks a ruling by the administrative law court that USA Wholesale’s importation and failure to submit required reports to EPA constitutes violations of the AIM Act and seeks civil penalties.

HFCs are a super climate pollutant with global warming potentials hundreds to thousands of times higher than CO2. The Kigali Amendment to the Montreal Protocol, adopted in 2016, is expected to avoid up to 0.5°C of global warming by 2100. 

 Since January 2022, EPA and CBP have denied entry to over 80 shipments of illegal HFCs. Under EPA’s HFC phasedown regulations, importers must expend allowances to import HFCs. Illegal imports of HFCs undermine the phasedown, disadvantage companies who follow the rules, and contribute to global warming.  

 Achieving the goals of the HFC phasedown also requires accurate data. Thus, in addition to preventing illegal imports of HFCs, EPA is also using its enforcement authorities to target HFC importers that fail to accurately report their import quantities to EPA. The agency will continue to scrutinize the reporting data to ensure that it and the public have the best data available to make informed decisions on fighting climate change.  

Background Information 

More information related to HFCs, greenhouse gases, the AIM Act, and the climate change National Enforcement and Compliance Initiative are available on EPA’s website:  

• Addressing Climate Change in Enforcement and Compliance Assurance
• Enforcement of the Greenhouse Gas Reporting Program: HFC Importers
• Enforcement of the American Innovation and Manufacturing Act of 2020
• Fiscal Years 2024 – 2027 National Enforcement and Compliance Initiatives (NECIs)  
• Greenhouse Gas Reporting Program (GHGRP)
• Information on Global Warming Potential

 If you suspect someone is illegally importing HFCs, tell EPA at its Report Environmental Violations website. Information you submit will be forwarded to EPA environmental enforcement personnel or to the appropriate regulatory authority. 

1 port updated 

2 quote updated for clarity

3 correction to Customs and Border Protection

SAN FRANCISCO – The U.S. Environmental Protection Agency (EPA) and U.S. Department of Justice (DOJ) today announced a settlement with the Grindstone Indian Rancheria of Wintun-Wailaki Indians in Glenn County, Calif., that requires the Tribe to take immediate action to address issues with its drinking water system and comply with the federal Safe Drinking Water Act (SDWA). The Tribe owns and operates the Grindstone Rancheria public water system, which is designed to serve treated surface water from Stony Creek to 150 residents.

“This settlement is critical to protecting public health at the Grindstone Indian Rancheria, so people there have access to clean and safe drinking water,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “Ensuring that small community water systems like this one provide safe drinking water is a national priority for EPA, especially in communities that face environmental justice concerns.”

Under today’s settlement, the Tribe must:

• Develop and issue a boil water notice as needed to address certain contaminants in residents’ drinking water.
• Achieve and demonstrate compliance with federal standards to treat surface water for the Tribe’s water tanks and distribution lines.
• Provide an alternative supply of clean drinking water as needed to affected residents.
• Develop an operation and maintenance plan for the Tribal drinking water system and hire two operators to run the system.
• Meet annual reporting requirements and approve an annual budget for the drinking water system’s operation.
• Pay a $8,963 penalty.

EPA and the Tribe entered into an administrative order on consent in December 2017 for violations of the SDWA at the drinking water system, and EPA issued an emergency administrative order in June 2019 after finding the Tribe failed to adequately disinfect drinking water at the system, posing an imminent and substantial threat to human health. To date, the Tribe has failed to comply with the requirements for both EPA orders. The Tribe has incurred numerous violations of the SDWA, including failing to ensure adequate disinfection, exceeding standards for E. coli, failing to collect routine samples for contaminants, failing to ensure the system is operated by a qualified operator, and failing to comply with public notification requirements.

Since 2020, one of EPA’s National Enforcement and Compliance Initiatives has focused on ensuring delivery of safe drinking water to communities by improving compliance with the SDWA and fostering greater collaboration between EPA and states, tribes, and territories to create a more effective national program. An additional focus of this national initiative is to increase EPA’s enforcement and compliance assurance capacity in order to work more effectively with states, tribes, and territories to meet our shared goal of addressing drinking water violations and risks to public health.

Today’s settlement is subject to a 30-day public comment period. Visit DOJ’s website to read the proposed settlement and for information on how to submit a comment.

Read more about this National Enforcement and Compliance Initiative on EPA’s website.

For more information on reporting possible violations of environmental laws and regulations, visit EPA’s enforcement reporting website.

Learn about EPA’s Pacific Southwest Region. Connect with us on Facebook, Instagram, and X. 

DALLAS, TEXAS (April 8, 2024) – The U.S. Environmental Protection Agency (EPA) recently finalized a settlement with Sasol Chemicals (Sasol) over alleged violations of the chemical accident prevention provisions of the Clean Air Act at the company’s facility in Westlake, Louisiana. Under the settlement, Sasol will pay more than $1.4 million in civil penalties and correct violations related to an October 2022 fire at the facility, as well as those found during a compliance evaluation in 2021. The facility is adjacent to the Mossville community, which Administrator Michael Regan visited on his Journey to Justice tour.

“The Mossville community has organized and fought for generations to protect their families from environmental impacts to people’s health and EPA is ready to build on that work by holding companies like Sasol accountable,” said Regional Administrator Dr. Earthea Nance. “Sasol and other industrial polluters must prioritize the safety of the fenceline community and their workers by following all chemical accident-prevention laws.”

Residents of the historic community of Mossville, founded by formerly enslaved people in the 1790s, live on the fence line of Sasol Chemicals and close to many other industrial facilities. Families here experience a daily pollution burden from these facilities, and many have been affected by cancer and other serious diseases. Administrator Michael Regan visited Mossville and other environmental justice communities on his Journey to Justice tour to listen to their stories and concerns. Through the resolution of this case, EPA is furthering the Biden-Harris Administration’s commitment to advancing environmental justice by enforcing stronger safety requirements for industrial facilities and requiring new measures to protect communities.

From January through July 2021, EPA conducted a Virtual Partial Compliance Evaluation (VPCE) of the Sasol facility under chemical accident prevention requirements of the Clean Air Act, including Section 112(r) and the General Duty Clause. On October 15, 2022—during the process to settle alleged violations found during the evaluation—a fire occurred at Sasol that resulted in a shelter-in-place order for the Westlake area. The settlement announced today addresses violations from the evaluation and the fire.

Under the settlement, Sasol will pay a civil penalty of $1,441,712.00. Sasol will also undertake several actions to resolve alleged violations, such as improving systems and procedures to assure timely completion of the Process Hazardous Analysis recommendations, improving inspections and procedures to maintain mechanical integrity of process equipment, addressing and resolving overdue compliance audits findings, improving safety systems designed to detect potential hazards, updating written and operating procedures to ensure the safe conducting of work activities, and improving implementation practices of operating procedures at the facility.

The injunctive relief in the settlement aligns with new amendments to the Risk Management Program announced on  March 1, 2024, that require stronger measures for prevention, preparedness, and public transparency. The “Safer Communities by Chemical Accident Prevention Rule” protects the health and safety of all communities by requiring industry to prevent accidental releases of dangerous chemicals that could cause deaths and injuries, damage property and the environment, or require surrounding communities to evacuate or shelter-in-place. The rule requires regulated facilities to perform a safer technologies and alternatives analysis, and in some cases, facilities will be required to implement reliable safeguard measures. Under this settlement, Sasol will develop and implement safe work practices for the pressure testing of related process equipment to avoid further chemical accidental releases like the fire and shelter-in-place that occurred on October 15, 2022.

Improving compliance with Section 112(r) of the Clean Air Act Amendments is part of EPA’s Office of Enforcement and Compliance Assurance National Enforcement and Compliance Initiative of chemical accident risk reduction. Under Section 112(r), EPA publishes regulations and guidance for chemical accident prevention at facilities that use certain hazardous substances. These regulations and guidance are contained in the Risk Management Program rule, which requires facilities that use extremely hazardous substances to develop a Risk Management Plan which:

• identifies the potential effects of a chemical accident,
• identifies steps the facility is taking to prevent an accident, and
• spells out emergency response procedures should an accident occur.

To learn more about the Clean Air Act’s accident prevention provisions, see https://www.epa.gov/rmp.

Connect with the Environmental Protection Agency Region 6 on Facebook, X (formerly known as Twitter), or visit our homepage.

Atlanta (April 8, 2024) – D.R. Horton, Inc., the nation’s largest homebuilder, and its subsidiary, D.R. Horton, Inc. – Birmingham (collectively “Horton”), have resolved allegations that they violated requirements of the Clean Water Act (CWA) relating to stormwater discharges associated with construction activity at 16 locations in Alabama, North Carolina, and South Carolina. Under the proposed consent decree, Horton will implement a comprehensive stormwater compliance program at the many hundreds of home construction sites they operate within EPA Region 4 and will pay a civil penalty of $400,000, a portion of which will be directed to the Alabama Department of Environmental Management and the State of South Carolina, who joined this settlement. Horton will also commit to spend at least $400,000 on a Supplemental Environmental Project to improve water quality by decreasing pollutant loads in stormwater runoff through increases in stormwater infiltration.

“All homebuilders, including Horton, must comply with Clean Water Act provisions to prevent waterways from being contaminated by sediment discharges and other pollutants from stormwater runoff,” said Acting EPA Region 4 Administrator Jeaneanne Gettle. “This consent decree was developed with Horton, along with the cooperation of state agencies, to ensure that Horton implements a comprehensive stormwater management program at the many hundreds of home construction sites they operate across the Southeast to protect nearby waterways and the communities that live along them.”

The injunctive relief measures set forth in the proposed consent decree are designed to result in effective stormwater runoff management at Horton’s construction sites and will result in an estimated annual reduction of 45.5 million pounds of total suspended solids in affected waters.

The consent decree, lodged in the U.S. District Court for the Northern District of Alabama, Southern Division, is subject to a 30-day public comment period and approval by the federal court. The consent decree can be viewed on the Department of Justice website.

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SAN FRANCISCO (April 4, 2024) – The U.S. Environmental Protection Agency (EPA) has overseen the restoration of safe drinking water to over 900 residents living in 20 mobile home parks located within the boundaries of the Torres Martinez Desert Cahuilla Indians Reservation in the Eastern Coachella Valley, located in Southern California.

“EPA is committed to protecting the health of our communities, including those that have historically faced unequal environmental burdens, by ensuring their drinking water is safe and reliable,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “We will continue to fully utilize our authority to make sure that safe drinking water standards are met.”

EPA Actions

In 2020, EPA began investigating numerous mobile home parks located within the Torres Martinez Desert Cahuilla Indians Reservation for compliance with the arsenic limits under the Safe Drinking Water Act. This work is part of EPA’s overall increased focus on the area, including enforcement efforts related to drinking water at Oasis Mobile Home Park, DD Mobile Home Park, and Indian Village Mobile Home Park. To date, EPA has identified another 20 mobile home parks within the Reservation, housing approximately 920 people, with drinking water that comes from groundwater and therefore may contain arsenic levels above the federal limit. Of the 20 mobile home parks, only 13 parks’ drinking water systems were previously regulated by the County of Riverside. Seven of the 20 mobile home parks’ drinking water systems, serving 287 people, had never been subject to regulatory oversight, had no regulated arsenic treatment systems in place, and had no information about the current condition of the drinking water being served.     

As a result of the information gathered, EPA rapidly developed a comprehensive approach to address the needs of the communities living in these 20 mobile home parks, including EPA funded sampling efforts, enforcement actions, compliance assistance, and a partnership with a local non-profit organization, Pueblo Unido Community Development Corporation (PUCDC). From December 2021 through September 2022, EPA issued Safe Drinking Water Act Emergency Administrative Orders to nine mobile home parks where the arsenic levels in the drinking water exceeded the federal limit of 10 parts per billion. Each Emergency Administrative Order required the provision of safe alternative water, installation of regulated arsenic treatment systems, and compliance with all other Safe Drinking Water Act standards and regulations. While pursuing these enforcement actions, EPA, in coordination with PUCDC, provided compliance assistance to the other mobile home parks to ensure their drinking water would comply with federal law, including the arsenic limits and all necessary monitoring and reporting requirements.

As a result of these combined efforts, EPA has overseen the installation of point-of-use arsenic treatment devices in over 220 homes. EPA recently released six mobile home parks from their Emergency Administrative Orders – Arellano, Castro Ranch, Desert Rose, Gamez, Gonzalez, and Sandoval – because of their return to compliance with the arsenic limit and other Order requirements as listed above. EPA continues to monitor the progress of the mobile home parks still under Emergency Administrative Orders and to provide compliance assistance to all 20 mobile home parks.

Background on Eastern Coachella Valley

The Eastern Coachella Valley region, including towns such as Mecca, North Shore, Oasis, and Thermal, is home to a predominantly Latino and Indigenous population facing significant socioeconomic challenges. The region experiences some of the highest rates of poverty and unemployment in the nation, and those who are employed often work outdoors in the agricultural sector and are therefore exposed to climate-related threats such as extreme heatwaves.

Environmental conditions exacerbate many of the socioeconomic issues in the Eastern Coachella Valley. In addition to air and water quality issues, many areas have naturally occurring arsenic in groundwater. Exposure to arsenic may result in both acute and chronic health effects. Arsenic is a known carcinogen and drinking high levels of water containing arsenic over many years can increase the chance of lung, bladder, and skin cancers, as well as heart disease, diabetes, and neurological damage.

Learn how EPA’s Office of Ground Water and Drinking Water, together with states, tribes, and many other partners, protects public health by ensuring safe drinking water and protecting ground water.

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Today, the U.S. Environmental Protection Agency announced a $120,000 settlement with Forge Group DeKalb LLC, known as DeKalb Forge Co., to resolve alleged failure to report  toxic chemical releases in DeKalb, Illinois, violating the Emergency Planning and Community Right to Know Act, or EPCRA.

The company forges and shapes steel products using drop hammers and mechanical presses at their facility at 1832 Pleasant Street in DeKalb, Illinois. The EPA alleged the company failed to timely submit EPCRA forms to notify the agency about the release of  toxic chemicals such as chromium, manganese, and nickel during the forging and shaping process.

EPCRA requires facilities to report the storage, use, and releases of toxic chemicals. The information submitted is compiled in the Toxics Release Inventory, or TRI, that informs government agencies, the public and more about toxic chemical releases and pollution prevention activities reported by industrial and federal facilities. 

The facility is in a community with potential environmental justice concerns.  Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.

For more information about the EPA’s enforcement program, visit the Agency’s website.

For more information about the Toxics Release Inventory, visit the EPA's TRI website.

HONOLULU – Today, the U.S. Environmental Protection Agency (EPA) has entered into an Administrative Order on Consent with the County of Hawai’i to ensure pollution discharge requirements are met at the Hilo, Pāpa‘ikou, and Kula‘imano Wastewater Treatment Plants in accordance with the Clean Water Act. The three plants are located on the island of Hawai‘i.

EPA identified significant operation and maintenance deficiencies which have affected the treatment systems, leading to violations of limitations on what the plants can discharge as well as sewer overflows. EPA has worked cooperatively with the County and Hawai’i Department of Health to identify needs for capital improvements, strengthened planning efforts, and asset management of the county’s wastewater infrastructure systems.

“This order ensures that the County of Hawai'i will prevent further harmful sewage discharges into the ocean, and fix its aging wastewater treatment plants,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “Compliance with the Clean Water Act is essential to protecting public health and Hawai‘i's cherished coastal waters. With our partners at Hawai‘i Department of Health, EPA will provide attentive oversight of Hawai‘i's wastewater improvements.”

The consent order requires the County of Hawai‘i to address broken equipment and deferred maintenance and to develop a program to systematically repair, rehabilitate, and replace aging infrastructure. The goal of these efforts is to prevent reoccurrence of sewage breaks and sewage spills. The order requirements include:

• Rehabilitate and repair the Hilo wastewater treatment plant
• Repair the Kula‘imano and Pāpa‘ikou treatment plants
• Design a new pipeline that conveys wastewater under pressure at Kealakehe
• Replace and repair the Hale Hālāwai and the Pua pipelines that convey wastewater under pressure
• Conduct a comprehensive condition assessment
• Complete an Integrated Master Plan for wastewater across the county
• Prepare a financial plan
• Update Operations and Maintenance manuals for all treatment systems
• Fully implement an Asset Management System for the county’s wastewater infrastructure
• Develop a Spill Response Plan to prevent and contain sewer spills
• Implement a preventative maintenance program for sewer lines to prevent spills

The County of Hawai‘i owns and operates the wastewater collection system and treatment plants, which include approximately 105 miles of gravity sewer lines, 14 miles of sewer force mains, 16 sewer pump stations, and six wastewater treatment plants. The EPA will work closely with the county to ensure all required actions are completed and implemented according to the order.

Read more about the EPA’s National Pollutant Discharge Elimination System and the Clean Water Act.

For more information on reporting possible violations of environmental laws and regulations, visit EPA’s enforcement reporting website.

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SAN FRANCISCO – The U.S. Environmental Protection Agency (EPA) has announced settlements with four automotive parts distributors to resolve claims of violations of the Clean Air Act. The Southern California companies – Domestic Gaskets, Mizumo Auto, PPE Inc., and Performance Parts – illegally manufactured or sold aftermarket auto parts, otherwise known as defeat devices, that exacerbate harmful air pollution by bypassing or disabling required emissions control systems. The companies paid $52,271 combined in penalties.

“These settlements represent our commitment to stopping the sale of illegal defeat devices, which worsen harmful pollution and disproportionately impact communities with environmental justice concerns,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “We will continue to investigate and penalize anyone who manufactures, sells, or installs these types of illegal products.”

Domestic Gaskets, located in El Monte, California, sells and distributes motor vehicle parts to customers throughout the United States. The company was cited for 635 violations and will pay a penalty of $12,415 to settle those claims.

Mizumo Auto, also located in El Monte, sells and distributes motor vehicle parts to customers throughout the United States. The company was cited for 1,609 violations and will pay a penalty of $11,268 to settle those claims.

PPE Inc., located in Montclair, California, manufactures, sells, and distributes aftermarket parts to customers throughout the United States. The company was cited for 121 violations and will pay a penalty of $24,000 to settle those claims.

Performance Parts, located in El Monte, sells and distributes motor vehicle parts to customers throughout the United States. The company was cited for 1,055 violations and will pay a penalty of $4,588 to settle those claims.

It is a violation of the Clean Air Act to manufacture, sell, or install a part for a motor vehicle that bypasses, defeats, or renders inoperative any emission control device. For example, computer software that alters diesel fuel injection timing is an illegal defeat device. Defeat devices, which are often sold to enhance engine performance, work by disabling a vehicle's emission controls, causing air pollution. As a result of EPA enforcement, some of the largest manufacturers of defeat devices have agreed to pay penalties and stop the sale of defeat devices.

The practice of tampering with vehicles by installing defeat devices can enable large emissions of nitrogen oxides and particulate matter, both of which contribute to serious health problems in the United States. These include premature mortality, aggravation of respiratory and cardiovascular disease, aggravation of existing asthma, acute respiratory symptoms, chronic bronchitis, and decreased lung function. Respiratory issues like these disproportionately affect families, especially children, living in underserved communities overburdened by pollution. 

Help protect our environment by identifying and reporting environmental violations. 

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LENEXA, KAN. (MARCH 28, 2024) – Scrap Management LLC, doing business as Rivers Edge Scrap Management of Kansas City, Kansas, will pay $144,500 in civil penalties to resolve alleged violations of the federal Clean Water Act.

According to the U.S. Environmental Protection Agency (EPA), the company failed to adequately control stormwater runoff from its scrap metal recycling and processing facility. EPA says that these failures could result in illegal discharges of pollution into the Kansas River.

“Uncontrolled runoff from scrap yards harms streams and rivers and limits the public’s use and enjoyment of those waters,” said David Cozad, director of EPA Region 7’s Enforcement and Compliance Assurance Division. “This settlement demonstrates EPA’s commitment to protecting vital watersheds in urban communities, especially in areas overburdened by pollution.

In the settlement documents, EPA alleges that Scrap Management failed to comply with certain terms of its Clean Water Act permit, including failure to update and implement practices to prevent runoff of pollution; failure to perform inspections; and failure to train employees on stormwater management practices.

In addition to paying the penalty, Scrap Management is correcting the alleged violations through implementation of an EPA compliance order.

EPA identified the community surrounding Scrap Management’s facility as a potentially sensitive location for multiple pollution sources. EPA is strengthening enforcement in such communities to address disproportionately high and adverse human health or environmental effects of industrial operations on vulnerable populations.

Under the Clean Water Act, industrial facilities that propose to discharge into protected water bodies are required to obtain permits and follow the requirements outlined in those permits to reduce pollution runoff. Failure to obtain a permit or follow the requirements of a permit may violate federal law.

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Learn more about EPA’s enforcement of the Clean Water Act

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BOSTON (Mar. 28, 2024) – The Environmental Protection Agency's (EPA) initiative to prevent childhood lead poisoning in communities with a higher risk of lead exposure is coming to the greater Manchester, New Hampshire area. Lead is particularly harmful to children because they are more vulnerable to its effects, which include damage to the brain and nervous system.

The aim of the EPA's lead paint initiative is to reduce childhood lead exposure through increased awareness and improved compliance with federal lead paint requirements, in particular the Renovation, Repair and Painting (RRP) and Lead Disclosure Rules.

"If you live someplace built before 1978, which is quite possible in New England, be aware and share with family and friends how toxic old lead paint chips and dust can be for yourselves and your children," said EPA New England Regional Administrator David W. Cash. "EPA is excited to collaborate with state and local partners who continue to tackle this preventable issue - we will use all available tools possible, including assistance, enforcement, and grant opportunities focused on communities with environmental justice concerns."

"Infants and children are especially vulnerable to lead exposure, which can cause lifelong impacts including developmental impairment, learning disabilities, impaired hearing, reduced attention span, hyperactivity, and behavioral problems. When pregnant women are exposed to lead, it can impact their unborn children's health as well," said Iain Watt, Interim Director of the New Hampshire Division of Public Health Services.

"The City of Manchester is committed to ensuring that all children have the opportunity to thrive. Healthy housing is one part of that equation," said Mayor Jay Ruais. "To that end, in 2023 the Board of Mayor and Aldermen established the Manchester Lead Exposure Prevention Commission. This Commission, which is made up of community members from various disciplines and lived experience, will be working to identify strategies to reduce lead poisoning and increase lead hazard awareness and prevention in our community."

As part of the lead paint initiative in Manchester, inspectors will evaluate compliance with the Toxic Substances Control Act's lead paint RRP Rule, which is applicable to renovation job sites involving housing and child-occupied facilities built before 1978.

Field staff will also be checking to confirm that landlords, including property management and real estate companies, are providing prospective tenants or buyers with proper lead disclosure about the presence of lead-based paint and/or lead-based paint hazards. Lead disclosures are required, under Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act, before the lease or sale of most housing built before 1978.

These efforts will be supported by an increased focus on education, outreach, and compliance assistance in the greater Manchester area and beyond to ensure that regulated parties and the public are aware of the federal lead-based paint requirements.

Background

EPA's Renovation, Repair and Painting Rule is designed to prevent children's exposure to lead-based paint and/or lead-based paint hazards resulting from renovation, repair and painting projects in pre-1978 residences, schools and other buildings where children are present. If lead painted surfaces are to be disturbed at a job site, the RRP Rule requires individual renovators to complete an initial 8-hour accredited training course and the company or firm that they work for to be certified by EPA. These baseline requirements are critical to ensuring that companies take responsibility for their employees following proper lead-safe work practices by containing and managing lead dust and chips created during such projects. Further, the RRP Rule requires that specific records be created and maintained to document compliance with the law.

EPA's Lead Disclosure Rule is designed to ensure that potential buyers and renters of housing built prior to 1978 receive certain information about lead-based paint and lead-based paint hazards in the residence prior to becoming obligated to buy or rent, and provides the opportunity for an independent lead inspection for buyers. Sellers, landlords, and agents are responsible for compliance.

More information

Lead

Protect Your Family from Sources of Lead

EPA Lead Enforcement

Report a Violation of Lead Paint Rules in New England

Environmental Justice grant opportunities:

Healthy Communities Grant Program

Community Change Grant Program

LENEXA, KAN. (MARCH 27, 2024) – The U.S. Environmental Protection Agency (EPA) has approved a work plan submitted to the Agency by Richard Minor of Gordon, Nebraska, and Cherry County, Nebraska, to mitigate damage to the Snake River resulting from an unauthorized drainage ditch excavated from Minor’s property to the river in 2020.

According to EPA, discharges from the ditch into the river caused extensive environmental harm and violated the federal Clean Water Act.

“The Snake River is a critical aquatic resource,” said David Cozad, director of EPA Region 7’s Enforcement and Compliance Assurance Division. “EPA is encouraged that Mr. Minor and Cherry County are taking steps to minimize further impacts to the Snake River and downstream property owners.”

According to EPA, in April 2020, Minor and Cherry County personnel excavated the drainage ditch to the Snake River to alleviate flooding, without first obtaining the required Clean Water Act permits.

Within days of completing the approximately 2½-mile ditch, rainfall rapidly eroded it, which resulted in massive amounts of sand being deposited into the Snake River. EPA says that millions of tons of sediment have flowed into the river since the ditch excavation.

Under an Administrative Compliance Order filed with EPA on June 14, 2021, Minor and Cherry County agreed to submit a work plan to mitigate the damage. After multiple delays by Minor and the county, EPA recently received an acceptable work plan, which was approved and finalized on Feb. 22, 2024.

EPA says that implementation of the work plan will take approximately one year, and will include:

• The placement of downed trees and woody debris to construct sediment trap structures along the ditch.
• Construction of earthen berms to prevent excessive flow of water and sediment.
• The placement of a series of woody debris fences and log structures along the ditch to trap sediment and create wildlife habitat.
• The installation of a riparian corridor, consisting of native species along sections of the river.

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Learn more about EPA’s enforcement of the Clean Water Act

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