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EPA Fines Southern California Auto Parts Companies for Defeat Devices, Harming Air Quality
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.
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EPA Fines Scrap Metal Facility in Kansas City, Kansas, for Alleged Clean Water Act Violations
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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EPA starts lead inspection sweep in the greater Manchester New Hampshire area to prevent childhood lead poisoning
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
Protect Your Family from Sources of Lead
Report a Violation of Lead Paint Rules in New England
Environmental Justice grant opportunities:
EPA Approves Plan to Mitigate Snake River Damage in Northern Nebraska
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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EPA enforcement action leads to settlement with school bus transportation company for alleged Clean Air Act violations
BOSTON (March 26, 2024) – Recently, the U.S. Environmental Protection Agency reached a settlement with First Student, a company that owns, operates, and stores school buses throughout the United States, including in Connecticut. EPA alleges that the company violated federal clean air standards by allowing buses in two Connecticut locations to idle for excessive periods of time. Working cooperatively with EPA, First Student reached a settlement agreement and has developed a compliance program that is intended to reduce excessive idling of school buses.
"EPA works hard to ensure that communities can enjoy clean air each and every day. Companies that operate fleets of vehicles have an obligation to follow regulations to limit engine idling. Fumes from idling engines can aggravate health conditions like asthma for people living nearby, as well as emitting pollutants that degrade air quality over a wider area, and cause climate change," said EPA New England Regional Administrator David W. Cash. "Clean Air Act settlements, like this one, showcase our continued dedication to protecting people's health and our environment including in communities that have suffered from a disproportionate burden of environmental pollution."
EPA inspected First Student's Weston, Conn. location and its West Harford, Conn. facility, which is in an environmentally overburdened area. EPA's inspections revealed the operation of school bus motors that went over the state's three-minute idling maximum, contained in the federally enforceable Connecticut State Implementation Plan.
Under the terms of the settlement the company has agreed to pay a penalty of $96,223 , and will implement various compliance measures, some of which apply in Connecticut and others that apply in additional jurisdictions where First Student operates. These measures include posting signage, training, and coaching. Also, First Student will conduct both ongoing assessments of their operations data, and consistent observations of their bus lots, in order to correct instances of excessive school bus idling.
Background
Idling diesel engines emit pollutants that can cause or aggravate a variety of health conditions, including asthma and other respiratory diseases. The fine particles in diesel exhaust are a likely carcinogen. Diesel exhaust not only contributes to area-wide air quality problems, but more direct exposure can cause lightheadedness, nausea, sore throat, coughing, and other symptoms. Drivers, school children riding on the buses, facility workers, neighbors and bystanders are all vulnerable. Idling also wastes fuel, contributing to carbon dioxide emissions that affect climate change.
The Clean Air Act is the law that defines EPA's responsibilities for protecting and improving the nation's air quality and the stratospheric ozone layer. The last major change in the law, the Clean Air Act Amendments of 1990, was enacted by Congress in 1990. Legislation passed since then has made several minor changes.
More information:
EPA finds lead-based paint at Putnam, Conn. apartment complex may present imminent and substantial endangerment to tenants
BOSTON (March 21, 2024) – On March 21, the U.S. Environmental Protection Agency issued an Administrative Order on Consent to Historic Cargill Falls Mill, LLC to take immediate steps to protect tenants and visitors at The Lofts at Cargill Falls Mill in Putnam, Conn. from lead-based paint hazards. EPA's order requires the company to perform lead abatement work in all residential units of the complex containing lead-based paint and/or lead dust hazards that have not already been abated.
"This order will ensure the most immediate protection EPA can offer for the children and families who live in this complex," said EPA New England Regional Administrator David W. Cash. "No one should have to experience the dangers from exposure to lead-based paint, especially in this decade. We have environmental laws for a reason, and that's to protect people's health. This order demonstrates our commitment to keeping children and families safe and healthy."
EPA is issuing an Administrative Order on Consent under the Resource Conservation and Recovery Act Section 7003 (RCRA Section 7003) to Historic Cargill Falls Mill, LLC to abate lead-based paint and/or dust hazards in all residential units of the complex. EPA can issue this order when the agency finds there may be an imminent and substantial danger to public health or the environment. The order issued by EPA takes into account ongoing enforcement efforts by the local health agency to ensure a comprehensive response to lead-based paint and/or dust hazards in the complex. Through EPA's order, all units with lead-based paint and/or dust hazards will be addressed.
Under the order, Historic Cargill Falls Mill, LLC will be required to:
- Expedite the lead-based paint abatement process by developing a schedule for the abatement of 50 units and update its current abatement plan to include the abatement schedule;
- hire a licensed and insured lead abatement contractor to perform abatement of the 50 units;
- arrange and pay for the relocation of tenants during abatement until clearance testing is performed demonstrating that the units are free of lead-based paint and/or dust hazards;
- identify any additional unit(s) and common area(s) at the property that contain lead-based paint and/or dust hazards that have not previously been identified and revise the current abatement plan to include these unit(s) and/or common area(s);
- conduct a lead dust and lead-based paint hazard risk assessment for all units that had identified lead dust and lead-based paint hazards for each of the five calendar years following the issuance of the Order; if any hazards are identified, prepare an abatement plan within 21 days of receipt of the risk assessment, submit the plan to EPA for approval, and implement the abatement plan, including clearance testing; and
- post signs at entrances to the property advising that EPA has determined the property contains solid and/or hazardous wastes that my present an imminent and substantial endangerment to health or the environment and also that identify the units and areas that are subject to the Order.
Historic Cargill Falls Mill, LLC has been cooperative throughout EPA's enforcement process.
For human health-related inquiries, please contact Connecticut's Northeast District Department of Health.
Background
The Lofts at Cargill Falls Mill is a historic residential property located at 58 Pomfret Street in Putnam. The property was converted from a cotton mill into a mixed-use commercial and residential complex, containing 82 residential units. Tenants moved onto the property beginning in November 2020.
In November 2022, the local health department, Northeast District Department of Health (NDDH), received information about a young child's exposure to lead at the property. As a result of the lead investigation and testing NDDH performed, the property owner was issued a lead abatement order in December of 2022 for the child-occupied unit and some common areas. A second abatement order was then issued in January 2023 covering eight additional child-occupied units. Legally, NDDH can only issue lead abatement orders for residences and common areas where children under six years old reside.
The property came to the attention of EPA's regional office in January 2023 through the receipt of tips and information from tenants about lead contamination concerns at the property.
Between September 2023 and October 2023, lead-based paint testing and lead dust sampling were conducted by an environmental consultant. The consultant identified 47 out of the 82 residential units and 20 common areas that had lead-based paint hazards. Lead dust hazards were also identified in 20 of the units and three common areas. After receiving a Lead Abatement Plan from the consulting company in December 2023, NDDH issued a third lead abatement order requiring the abatement of all lead-based paint and/or dust hazards in all common areas.
The Resource Conservation and Recovery Act Section 7003
Section 7003 of the Resource Conservation and Recovery Act (RCRA) provides the EPA with broad and effective enforcement tools that can be used to abate conditions that may present an imminent and substantial endangerment to health or the environment. Section 7003 allows EPA to address situations where the handling, storage. treatment, transportation, or disposal of any solid or hazardous waste may present such an endangerment. In these situations, EPA can initiate judicial action or issue an administrative order to any person who has contributed or is contributing to such handling, storage, treatment, transportation, or disposal to require the person to refrain from those activities or to take any necessary action.
More information
EPA information on lead and health effects from lead exposure
Administrative Orders under RCRA Section 7003
National Lead Information Center Lead Hotline
EPA Orders City of Los Angeles to Implement Improvements to Hyperion Wastewater Treatment Plant
SAN FRANCISCO – The U.S. Environmental Protection Agency (EPA) has entered into an Administrative Order on Consent with the City of Los Angeles, LA Sanitation and Environment (LASAN) that requires improvements be made at the Hyperion Wastewater Treatment Plant in Playa del Rey, California.
In July 2021, LASAN violated its National Pollution Discharge Elimination System (NPDES) permit and the Clean Water Act (CWA) by discharging 12.5 million gallons of untreated sewage into the Santa Monica Bay, and by exceeding several NPDES effluent limitations for months after the July incident.
“When plants of this magnitude fail, it causes ripple effects that impact access to Los Angeles’ beaches and the health of ocean wildlife,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “These improvements will help prevent failures and reduce large beach contamination events for Los Angeles residents and visitors.”
On July 11-12, 2021, bar screens located in the Headworks Building—the Plant’s initial treatment process which filters out larger solids—jammed and shut down. As a result of the bar screen failure, the flow of untreated sewage entering the Plant rose and overflowed from the Headworks Building and flooded portions of the Plant, causing damage to various components. The floodwaters eventually entered the Plant’s storm drain system where it flowed through an outfall and discharged one mile from the shoreline into the Santa Monica Bay. Additionally, damage caused by the flooding to downstream processes resulted in at least 53 effluent violations from July 17 to October 31, 2021.
Under the Administrative Order on Consent, LASAN will conduct work to improve the Hyperion Wastewater Treatment Plant high flow capabilities and make the Plant more resilient during large, intense storms that may be the result of climate change.
Required work under the Order includes:
- Integrating the Headworks Building equipment with digital, remote monitoring and alarm systems;
- Completing the construction of high-level overflow improvements, including a high-level overflow channel with static screens for debris removal in the event of a bypass;
- Cleaning and removing debris from accessible interceptors leading to the Headworks Building;
- Ensuring proper staffing and training;
- Updating standard operating procedures related to the Headworks Building and emergency operations;
- Conducting critical analyses of various assets at the Plant.
Read the EPA’s Administrative Order on Consent regarding the City of Los Angeles Hyperion Wastewater Treatment Plant.
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EPA report provides toxic chemical release information for your state or Tribe
DENVER (March 21, 2024) — Today, the U.S. Environmental Protection Agency released its 2022 Toxics Release Inventory (TRI) National Analysis, including detailed information on the management of toxic chemicals from facilities in EPA’s Region 8 states of Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming and 28 Tribal Nations.
The 2022 TRI National Analysis summarizes environmental releases of TRI chemicals, as well as how facilities managed their waste. The report reveals that EPA Region 8 has seen a 47% decrease in releases from TRI facilities since 2013. State and regionally specific data are available in the TRI Factsheets:
During 2022, facilities in Region 8 reported managing 828.8 million pounds of production-related waste, 58% of which was managed through preferred techniques like treatment, energy recovery and recycling. New pollution prevention activities were implemented by 6% of facilities in Region 8, with adjustments to operating practices and training being the most common changes.
In 2022, facilities reported managing 88.5% of their TRI chemical waste through preferred practices such as recycling, energy recovery and treatment, while releasing 11.5% of their TRI chemical waste into the environment.
Nationally, environmental releases of TRI chemicals from facilities covered by the program were 21% lower in 2022 compared to 2013, including a 26% decrease in air releases. During this 10-year period, releases from manufacturing facilities decreased by 9% while the value added to the U.S. economy from manufacturing increased by 14%. While overall releases increased by 1% from 2021 to 2022, there was a 6.5% increase in the number of pollution prevention activities reported under the TRI program compared to 2021.
“Communities have a right to know how facilities in their backyards might be exposing them to toxic chemicals,” said Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhoff. “We are committed to sharing the information we collect from facilities openly and clearly, allowing people to find new ways to use this data to the benefit of us all.”
EPA, states and Tribes receive TRI data from facilities in sectors such as manufacturing, mining, hazardous waste management and electric utilities. More than 21,000 facilities submitted reports on 522 of the 827 chemicals and chemical categories for which TRI reporting is required. The remaining 305 chemicals either were not manufactured, processed or used by facilities required to report to TRI or were not manufactured, processed or used in amounts large enough to trigger reporting.
The 2022 TRI National Analysis features visualizations and analytical tools to make data more useful and accessible to communities. Readers can view data by state, Tribe, metropolitan area, EPA region and watershed using the “Where You Live” mapping tool. This tool also allows readers to view facility locations overlayed with demographic data to identify potential exposure to TRI chemical releases in communities, including overburdened communities. Community groups, policymakers and other stakeholders can use this information, along with other environmental data, to better understand which communities may be experiencing a disproportionate pollution burden and take action at the local level.
Additionally, the 2022 TRI National Analysis highlights trends and changes in waste management practices for specific sectors and chemicals in the Sector Profile and Chemical Profile sections. This year, the 2022 TRI National Analysis highlights the primary metals manufacturing sector alongside the standard profiles for electric utilities, chemical manufacturing and metal mining.
EPA is holding a public webinar on Thursday, April 4, 2024, at 2 p.m. ET to provide an overview of the 2022 TRI National Analysis. Register for the webinar.
View the 2022 TRI National Analysis, including local data.
PFAS Reporting
The TRI National Analysis includes reporting on per- and polyfluoroalkyl substances (PFAS) as required by the 2020 National Defense Authorization Act (NDAA). A provision of the NDAA outlines criteria for additional PFAS to be automatically added for TRI reporting. For reporting year 2022, four PFAS met the criteria and were added to the reporting requirements for a total of 180 PFAS tracked by the TRI program. During 2022, 50 facilities managed 1.2 million pounds of these chemicals as waste, which represents an 8% decrease compared to 2021.
For reporting year 2024, TRI will no longer have a reporting exemption for facilities that use PFAS in small, or de minimis, concentrations as a result of EPA’s recently published final rule. This rule will improve the quality and quantity of publicly available data on PFAS, as many materials used at facilities contain PFAS in low concentrations. Facilities that make or use these products will no longer be able to rely on the de minimis exemption to avoid their responsibility to disclose PFAS releases and other waste management of these chemicals.
Pollution Prevention
Facilities implemented 3,589 total pollution prevention activities in 2022 with the most common being process and equipment modifications, followed by changes to operating practices and training. Through both existing programs and the Bipartisan Infrastructure Law, EPA offers grant opportunities to state and Tribal technical assistance providers to help prevent pollution.
Industry professionals can view TRI reporting on pollution prevention to learn about best practices implemented at other facilities.
Key Expansions to TRI Reporting
Important expansions to TRI reporting went into effect for reporting year 2022. Some contract sterilization facilities, which are contracted to sterilize products or equipment for hospitals and other facilities, were required to report to TRI for the first time on their management of ethylene oxide and ethylene glycol as waste. These facilities managed 6.3 million pounds of ethylene oxide waste, nearly all of which was treated.
Reporting year 2022 was also the first year of expanded reporting for the natural gas processing sector. The 305 facilities in this sector that reported to TRI managed 115 million pounds of TRI chemicals in waste and disposed of 81% of TRI chemicals in underground injection wells.
EPA reaches settlement with Resonac America for illegal import of super climate pollutant at Port of Los Angeles
WASHINGTON – Today, March 21, 2024, the U.S. Environmental Protection Agency announced a settlement with Resonac America Inc. to address the company’s illegal import of hydrofluorocarbons (HFCs) at the Port of Los Angeles on four occasions in 2023 and 2024. Resonac America, which is a subsidiary of the Tokyo-based Resonac Corporation, will pay a penalty of $416,003 and destroy 1,693 pounds of HFCs to resolve EPA’s allegations of violations.
“EPA continues to prioritize enforcement against companies that illegally import 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 case is the largest penalty imposed to date for importing super-polluting HFCs as part of EPA’s National Enforcement and Compliance Initiative on Mitigating Climate Change—and the first to require the company to destroy the HFCs.”
“HFCs are a powerful climate pollutant, so it’s imperative that companies importing them into our nation do so in strict accordance with environmental laws,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “This is the latest in a series of EPA HFC enforcement efforts nationwide, which send a clear message that the federal government is vigilantly monitoring imports of HFCs and will hold illegal actors accountable.”
On three separate occasions – in October, November and December 2023 – Resonac America imported a total of 6,208 pounds of illegal HFCs into the United States at the Port of Los Angeles. These imports violated the prohibition on importing bulk regulated substances into the United States without possessing sufficient consumption or application-specific allowances at the time of import. Resonac America also failed to give EPA the required notice of planned shipments of HFCs for the 2023 shipments and a February 2024 shipment, as well as failed to timely submit reports to the EPA with information on HFCs that the company imported in the first and second quarters of 2023.
Resonac America imported HFC-23 which is a potent greenhouse gas with a 100-year global warming potential of 14,800. This enforcement action prevented approximately 6,208 pounds, or 2.816 metric tons, of illegal HFCs from being imported into the U.S. If released into the atmosphere, these HFCs are the equivalent of 41,676.8 metric tons of CO2, or the same amount of CO2 produced from powering 8,225 homes with electricity for a year.
HFCs are a super climate pollutant with global warming potentials hundreds to thousands of times higher than CO2. For this reason, pursuant to the Montreal Protocol and its Kigali Amendment, production and imports of HFCs are being phased down 85% from historical levels by developed countries by 2036. EPA has made it a national enforcement and compliance priority to address the illegal import of HFCs under the current phasedown and has settled numerous cases over the last several months with companies regarding HFC imports.
The Kigali Amendment to the Montreal Protocol, adopted in 2016, is a global agreement to phase down HFCs by 2036 for the United States and other developed countries, and is expected to avoid up to 0.5°C of global warming by 2100.
In response to the Kigali Amendment, Congress passed the bipartisan American Innovation and Manufacturing Act of 2020 (AIM Act), requiring the United States to phase down HFC production and consumption by 85% by 2036. Since January 2022, EPA and CBP have denied entry to approximately 81 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.
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:
- Enforcement of the Greenhouse Gas Reporting Program: HFC Importers web page.
- Enforcement of the American Innovation and Manufacturing Act of 2020 web page.
- Fiscal Years 2024 – 2027 National Enforcement and Compliance Initiatives (NECIs) web page.
- Greenhouse Gas Reporting Program (GHGRP) web page.
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.
EPA Requires Arkansas Midland Railroad Company to Pay $910K for Alleged Hazardous Waste Violations
DALLAS, TEXAS (March 20, 2024) – The U.S. Environmental Protection Agency (EPA) recently finalized a settlement with the Arkansas Midland Railroad Company over alleged hazardous waste violations at a private rail track in Hot Springs, Arkansas. The company illegally stored more than 750,000 gallons of highly flammable hazardous waste in rail cars near homes, a school, and waterways. Under the settlement, the company must pay a civil penalty of $910,985. Under direction from EPA, the waste was removed and disposed of in a permitted facility.
“Residents of Hot Springs or any community should not have to live with the threat of toxic material just steps from their homes and schools,” said Regional Administrator Dr. Earthea Nance. “EPA and our partners are here to hold companies accountable when they fail to comply with the hazardous waste regulations that keep people and our natural resources safe from exposure and contamination.”
The waste material, o-Chlorotoluene, was stored in up to 34 unsecured, unsupervised rail cars along Spring Street for at least two years. It is classified as a hazardous waste under the federal Resource Conservation and Recovery Act (RCRA) for its highly flammable and toxic properties. EPA worked to ensure the material was removed and shipped to an appropriate disposal facility while settlement negotiations were still ongoing. Fortunately, no evidence of leaks or exposure was found.
The state of Arkansas discovered the backlog of waste material as part of an investigation of another facility, and referred the case to EPA. The generator of the waste informed EPA of the rail cars in response to EPA’s formal request for information during the investigation.
Under RCRA, EPA and states with delegated authority enforce requirements regarding the safe handling, treatment, storage and disposal of hazardous wastes. RCRA requirements and permits are essential to preventing accidental releases and exposures, and costly cleanups.
For more on EPA’s RCRA programs, visit https://www.epa.gov/rcra.
For more on EPA’s work in Arkansas, visit https://www.epa.gov/ar.
Connect with the Environmental Protection Agency Region 6 on Facebook, X, or visit our homepage.
EPA Settles Chemical Accident Prevention Case in New Bedford
New Bedford, Mass. (Mar.15, 2024) – Today, EPA announced a proposed consent agreement and final order (CAFO) that will settle EPA's administrative enforcement case against Northern Wind, LLC (Northern Wind) for alleged violations of the Emergency Planning and Community Right-to-Know Act and the Clean Air Act's chemical accident prevention requirements.
Under the proposed CAFO, Northern Wind will pay a settlement penalty of $72,000.
"The thousands of people who live and work near this facility have the right to feel safe from the serious health issues and other consequences of chemical accidents," said EPA New England Regional Administrator David W. Cash. "This action reduces the risks of chemical accidents in neighborhoods that already have shouldered a greater share of environmental concerns."
Background:
Northern Wind is a private company that primarily engages in the storage and wholesale distribution of fresh and frozen seafood products. The company operates a cold storage warehouse and distribution center at 75 MacArthur Drive, New Bedford, Mass (Facility) that uses anhydrous ammonia as a refrigerant to maintain appropriate temperatures for the storage of seafood products.
On August 4, 2020, an accidental release of anhydrous ammonia occurred at the Facility. The building was evacuated (12 employees), and no injuries were reported. The ammonia leaked from a faulty isolation valve on the drain of the pilot receiver.
Emergency Planning and Community Right-to-Know Act: EPA alleges that Northern Wind violated EPCRA Section 312 by failing to timely submit the required Tier 2 form for anhydrous ammonia to the local emergency planning committee, the state emergency response commission, and the local fire department for calendar year 2019. That year, Northern Wind's Facility stored at least 1,050 pounds of anhydrous ammonia (the Tier 2 reporting threshold for ammonia is 500 pounds). The Facility's Tier 2 report for anhydrous ammonia was due by March 1 of 2020. Northern Wind filed the missing report on August 10, 2020.
Clean Air Act 112(r)(1): EPA alleges that Northern Wind violated the General Duty Clause of the Clean Air Act by failing to properly identify hazards that may result from accidental releases of anhydrous ammonia using appropriate, industry recognized hazard assessment techniques. After being notified of the violation, Northern Wind completed a process hazard review in September 2020.
A copy of the CAFO is available upon request.
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EPA takes action against two Rhode Island companies for Clean Air Act Asbestos violations
BOSTON (Mar. 13, 2024) – The U.S. Environmental Protection Agency has settled with Citadel Properties, LLC, and Strive Construction, LLC, property management and real estate development firms based in Providence, Rhode Island, for alleged violations of the Clean Air Act (CAA) asbestos reporting requirements. Under the settlement, the companies will pay a penalty of $24,800 to resolve the allegations.
"We all have an obligation of being a responsible neighbor and protecting our fellow humans. Due diligence was not completed in this situation, and proper notifications were not made, which has resulted in these penalties being handed down." said EPA New England Regional Administrator David W. Cash. "We are especially sensitive to the fact that this occurred in a population-dense area in Providence, in communities that have been overburdened by prior environmental injustices. This settlement reinforces the requirements companies have to comply with reporting requirements and uphold their commitments in the name of public and environmental safety."
EPA alleged that Citadel Properties, LLC, and Strive Construction, LLC violated the CAA and the National Emission Standard for Hazardous Air Pollutants for asbestos regulations (Asbestos NESHAP), by failing to notify EPA of its intention to demolish a commercial and residential building located at 663 Admiral Street in Providence, R.I., and by failing to inspect the portion of the building that was demolished for the presence of asbestos .
The Asbestos NESHAP requires owners and operators of demolition and renovation operations to thoroughly inspect a facility for asbestos prior to starting any work. It also requires them to provide written notice to the appropriate regulatory agency before renovation activities involving Regulated Asbestos Containing Material (RACM) at or above certain threshold amounts, or demolition activities begin regardless of whether the facility is believed to contain RACM. Performing the work in accordance with the Asbestos NESHAP helps to ensure that areas in use during the renovation are not contaminated and that the area under renovation or demolition, when it is complete, is also free of contamination.
The facility where the partial demolition occurred is located in a potential environmental justice area of concern, and this settlement is meant to encourage future compliance with the Asbestos NESHAP.
More information
Asbestos
EPA requires Dyno Nobel, Inc. to correct Clean Air Act violations at Cheyenne plant
Cheyenne, Wyoming (March 12, 2024) -- The U.S. Environmental Protection Agency (EPA) today announced a Clean Air Act settlement in which Dyno Nobel, Inc. (Dyno Nobel) has agreed to pay a $394,906 civil administrative penalty as part of an ongoing, multi-step effort to address violations of Risk Management Program (RMP) requirements at the company’s ammonium nitrate production plant in Cheyenne, Wyoming.
An EPA inspection of the Dyno Nobel facility revealed several violations of RMP requirements related to the management of ammonia and chlorine. Deficiencies included failures to adhere to the Clean Air Act’s RMP standards for process safety information, process hazard analysis, mechanical integrity and operating procedures at the plant.
“EPA continues to protect communities by ensuring that facilities that handle hazardous chemicals such as ammonia and chlorine comply with the safety requirements intended to prevent accidents,” said Suzanne Bohan, director of EPA Region 8’s Enforcement and Compliance Assurance Division. “The measures Dyno Nobel has taken in response to EPA’s compliance actions are significantly reducing the risks of chemical releases that can harm residents, workers and first responders.”
The settlement, filed as a Consent Agreement and entered through a Final Order on March 8, 2024, follows Dyno Nobel’s recent successful completion of several compliance actions required by a January 4, 2023, EPA Administrative Compliance Order on Consent (AOC). The company has been responsive to the prior order and has corrected all identified deficiencies to reduce the possibility of an accidental release or other harm.
This settlement is part of EPA’s National Enforcement and Compliance Initiative to reduce risks from chemical accidents. The initiative focuses on improving compliance with environmental laws within the chemical manufacturing industry sector, where accidental chemical releases can pose serious risks to human health and the environment.
The Dyno Nobel facility is subject to Clean Air Act RMP regulations because it stores and processes large quantities of ammonia and chlorine. The RMP rule requires facilities holding more than 10,000 pounds of ammonia or 2,500 pounds of chlorine to develop a site-specific risk management plan and submit that plan to EPA.
Risk management plans address the proper design and maintenance of equipment such as pipes and vessels, a facility’s emergency preparedness and the ability to minimize releases that may occur. These plans provide valuable information to local fire, police and emergency response personnel to prepare for and respond to chemical emergencies. Making these plans available to the public also fosters communication and awareness to improve accident prevention and emergency response practices at the local level.
For more information on the Clean Air Act and RMP rule requirements, please visit the EPA RMP rule webpage.
Hazardous Waste Facility in Fredonia, Kansas, Settles Enforcement Case with EPA
LENEXA, KAN. (MARCH 7, 2024) – Systech Environmental Corporation will pay $98,513 in civil penalties to resolve alleged violations of the federal Resource Conservation and Recovery Act and the terms of its Hazardous Waste Management Facility Permit.
According to the U.S. Environmental Protection Agency (EPA), the company operates as a hazardous waste treatment, storage, and disposal facility in Fredonia, Kansas. EPA inspections in October 2022 revealed the following alleged violations:
- Failure to properly store hazardous waste.
- Failure to fully close hazardous waste containers.
- Tanks that were emitting hazardous pollutants exceeding permit limits.
- Failure to mark containers as hazardous waste.
“Facilities that handle hazardous waste have a heightened obligation to protect workers and the surrounding community from releases,” said David Cozad, director of EPA Region 7’s Enforcement and Compliance Assurance Division. “This penalty action demonstrates EPA’s commitment to protecting communities and leveling the playing field for companies that comply with the law.”
EPA says that since the inspections, the company has corrected the violations.
The Resource Conservation and Recovery Act (RCRA) creates the framework for the proper management of hazardous and non-hazardous solid waste.
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EPA Region 10 enforcement actions in 2023
SEATTLE –- The following tables summarize enforcement actions the U.S. Environmental Protection Agency’s Region 10 office completed in 2023. Each case is linked to the corresponding legal documents which provide further details.
Cases resulting in large penalty amounts are typically announced via stand-alone news releases at the time of settlement and can be found in the EPA Region 10 Newsroom.
In Alaska:
Case
City
Violation
Penalty
Anchorage
Toxic Substances Control Act
$200
Ketchikan
Clean Water Act
$2,844
Kodiak
Clean Water Act
$1,719
Fairbanks
Resource Conservation and Recovery Act
$6,250
Martelle Construction, LLC (pdf)
Juneau
Toxic Substances Control Act
$200
Kodiak
Clean Water Act
$469
Anchorage
Toxic Substances Control Act
$200
Fairbanks
Resource Conservation and Recovery Act
$3,750
Trident Seafoods Corporation (pdf)
Akutan
Emergency Planning and Community Right-to-Know Act
$67,720
Univar Solutions USA, Inc. (pdf)
Anchorage
Clean Air Act
$1,200
In Idaho:
Case
City
Violation
Amount
Bashista Construction Corporation (pdf)
Ketchum
Toxic Substances Control Act
$1,000
Brighton Development, Inc. (pdf)
Meridian
Clean Water Act
$4,320
Heyburn
Toxic Substances Control Act
$200
City of Trees Building Company LLC (pdf)
Boise
Toxic Substances Control Act
$200
Nampa
Toxic Substances Control Act
$200
Finish Line Construction (pdf)
Coeur d’Alene
Toxic Substances Control Act
$1,000
Lewiston
Clean Water Act
$4,395
Lawson Land Inc. and Russell Koepke (pdf)
Pierce
Clean Water Act
$55,500
M3 ID (Rising Sun LLC (pdf), Conger Group (pdf) and Syman LLC (pdf))
Kuna
Clean Water Act
$15,240
Michael Reese and Janet Reese (pdf)
North Fork
Clean Water Act
$8,000
Boise
Toxic Substances Control Act
$200
Jerome
Clean Air Act
$2,000
United Farm Service, Inc. (pdf)
Twin Falls
Federal Insecticide, Fungicide, and Rodenticide Act
$1,000
Payette
Federal Insecticide, Fungicide, and Rodenticide Act
$300
Water Damage Pro of Idaho, LLC (pdf)
Boise
Toxic Substances Control Act
$200
Wilbur-Ellis Nutrition, LLC (pdf)
Buhl
Federal Insecticide, Fungicide, and Rodenticide Act
$1,400
In Oregon:
Case
City
Violation
Penalty
Portland
Toxic Substances Control Act
$200
Astoria Pacific Seafoods, LLC (pdf)
Astoria
Clean Air Act
$800
Bornstein Seafoods, Inc. (pdf)
Astoria
Clean Air Act
$2,000
Boulder Creek Construction LLC (pdf)
Portland
Toxic Substances Control Act
$1,000
Forest Grove
Clean Air Act
$1,200
Farmers Supply Cooperative (pdf)
Ontario
Federal Insecticide, Fungicide, and Rodenticide Act
$4,391
Klamath Falls
Clean Air Act
$2,000
Lamb Weston Holdings Inc. (pdf)
Boardman
Clean Air Act
$2,000
Portland
Toxic Substances Control Act
$200
West Linn
Toxic Substances Control Act
$200
Albany
Resource Conservation and Recovery Act
$261,499
Tom Champion Builders LLC (pdf)
Portland
Toxic Substances Control Act
$200
In Washington:
Case
City
Violation
Penalty
Astro Auto Wrecking, LLC (pdf)
Federal Way
Clean Water Act
$35,400
Bornstein Seafoods, Inc. (pdf)
Bellingham
Emergency Planning and Community Right-to-Know Act
$5,000
Burlington Environmental, LLC (pdf)
Tacoma
Clean Water Act
$3,719
Seattle
Federal Insecticide, Fungicide, and Rodenticide Act
$500
Cascade Mountain Technologies, LLC (pdf)
Snoqualmie
Federal Insecticide, Fungicide, and Rodenticide Act
$8,705
Yakima
Clean Air Act
$1,200
Bellingham
Federal Insecticide, Fungicide, and Rodenticide Act
$54,987
Toppenish
Clean Water Act
$2,000
Dayton
Emergency Planning and Community Right-to-Know Act
$5,500
Moses Lake
Clean Air Act
$1,650
Moxee
Emergency Planning and Community Right-to-Know Act
$45,147
Prosser
Clean Air Act
$1,200
Gig Harbor
Toxic Substances Control Act
$1,000
Ferndale
Clean Water Act
$99,000
Washougal
Federal Insecticide, Fungicide, and Rodenticide Act
$1,000
Arlington and Washougal
Emergency Planning and Community Right-to-Know Act
$5,000
Kyron Environmental Inc. (pdf)
Spokane
Toxic Substances Control Act
$1,000
Vancouver
Clean Water Act
$3,900
Burien
Clean Air Act
$1,200
Naval Undersea Warfare Center Division Keyport (pdf)
Keyport
Resource Conservation and Recovery Act
$4,500
NewCold Advanced Cold Logistics (pdf)
Tacoma
Clean Air Act
$1,200
Nichols Brothers Boat Builders (pdf)
Freeland
Resource Conservation and Recovery Act
$5,375
Northern Transport, Inc. (pdf)
Enumclaw
Clean Water Act
$10,000
Vancouver
Clean Water Act
$3,340
Nouryon Pulp and Performance Chemicals, LLC (pdf)
Moses Lake
Emergency Planning and Community Right-to-Know Act
$8,062
Now Environmental Services (pdf)
Federal Way
Toxic Substances Control Act
$1,000
O. D. Snider & Son, Inc. (pdf)
Sumner
Emergency Planning and Community Right-to-Know Act
$5,000
Outlaw Diesel Repair, LLC (pdf)
Roy
Clean Air Act
$3,500
Enumclaw
Clean Water Act
$5,000
Public Utility District No. 1 of Chelan County (pdf)
Wenatchee
Clean Water Act
$1,188
Pulte Homes of Washington LLC (pdf)
Bellevue
Clean Water Act
$9,220
Ron and Leo's Welding Services
Enumclaw
Clean Water Act
$1,250
Moxee
Clean Air Act
$2,000
Swanson Bark & Wood Products Inc. (pdf)
Longview
Federal Insecticide, Fungicide, and Rodenticide Act
$1,400
Renton
Toxic Substances Control Act
$5,000
Trinity Partnership Property Management LLC of Seattle (pdf)
Seattle
Toxic Substances Control Act
$200
Trout-Blue Chelan-Magi, Inc. OBA Chelan Fruit Cooperative - Bridge Street (pdf)
Chelan Falls
Emergency Planning and Community Right-to-Know Act
$5,000
Kirkland
Toxic Substances Control Act
$1,000
Additionally, EPA Region 10 issued a Stop Sale, Use or Removal Order to Royal Appliances Mtg. Co. (pdf) (264.3 KB) of Charlotte, N.C., and Target Corporation (pdf) (258.2 KB) of Minneapolis, Minn., under the Federal Insecticide, Fungicide, and Rodenticide Act.
EPA settlement with Haifa North America in Altamonte Springs, Florida resolves alleged TSCA reporting violations
TALLAHASSEE, Fla. (March 6, 2024) – The U.S. Environmental Protection Agency today announced a settlement requiring Haifa North America, Inc. (Haifa) in Altamonte Springs, Florida, to pay a civil $664,267 penalty for violations of chemical data reporting regulations under the Toxic Substances Control Act (TSCA).
The EPA alleged that Haifa failed to submit a data report required under TSCA for 32 chemical substances that Haifa had imported between 2016 and 2019. The company imports various chemicals for businesses that formulate specialty fertilizers and plant nutrition solutions for agricultural applications.
“Companies are legally obligated under the Toxic Substances Control Act to report chemicals they import, process or manufacture, so Haifa’s failure to report the 32 chemicals they imported over a three-year span is in direct violation of our nation’s environmental laws,” said acting Regional Administrator Jeaneanne Gettle.
Companies are required to give the EPA information on the chemicals they manufacture or import into the United States for commercial purposes. The EPA uses the data to help assess the potential human health and environmental effects of these chemicals and makes the non-confidential business information available to the public. Haifa’s failure to submit the required reports presented a potential harm to the EPA’s ability to maintain accurate and updated information regarding commercially-produced chemicals. The settlement agreement with the company resolves the alleged violations and requires the payment of a $664,267 civil penalty within 30 days.
For information about the chemical data reporting, please visit the TSCA Chemical Data Reporting website at: https://www.epa.gov/chemical-data-reporting. The chemical data reports for 2016 – 2019 were due from industry manufacturers by January 29, 2021.
To find out if a specific chemical is on the TSCA chemical substance inventory, please visit the Substance Registry Services web page at: https://sor.epa.gov/sor_internet/registry/substreg/LandingPage.do.
For more information on TSCA’s requirements, please visit: www.epa.gov/laws-regulations/summary-toxic-substances-control-act.
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Landowner to pay $10,000 for Clean Water Act violations in Central, Alaska
The U.S. Environmental Protection Agency announced today that Ryan Smith and Noah Smith will pay $10,000 for multiple violations of the Clean Water Act at their property in Central, Alaska.
In April 2021, Ryan Smith and Noah Smith cleared over five acres of wetlands adjacent to Crooked Creek using heavy equipment. The unpermitted work resulted in the moving and discharge of organic and mineral soils, gravel, overburden, logs and woody debris into wetlands, including some located on property owned by the State of Alaska.
“This case sends a clear message that compliance with the Clean Water Act is critically important to protect our Nation’s waters,” said EPA Region 10 Office of Enforcement and Compliance Assurance Director Ed Kowalski. “It’s the responsibility of anyone attempting to build or construct near waters of the U.S. to apply for the required permits and comply with local, state and federal rules designed to protect our waterways.”
Crooked Creek is listed as impaired for turbidity under section 303(d) of the Clean Water Act, making it even more vulnerable to these types of unpermitted activities. Discharges of dredged and fill material can result in increases in turbidity for downstream waters. High turbidity makes water appear cloudy and can harm fish and other aquatic life and affect water quality.
In addition to paying a fine, Ryan Smith and Noah Smith will implement extensive fill removal and wetland habitat restoration activities under an approved restoration work plan, conduct annual monitoring for five years, and preserve over five acres of wetlands important for birds and wildlife.
A permit is required from U.S. Army Corps of Engineers for certain work, including dredging and construction activities, that may impact waters of the U.S., including wetlands.
Additional details can be found in the Consent Agreement and Final Order.
California man arrested for smuggling potent greenhouse gases into the United States
WASHINGTON – Today, March 4, 2024, Michael Hart of San Diego was arrested and charged with smuggling greenhouse gases into the United States from Mexico and then selling them for profit, in violation of regulations intended to curb the use of greenhouse gases and slow climate change.
This is the first prosecution in the United States to include charges related to the American Innovation and Manufacturing Act of 2020 (AIM Act). The AIM Act prohibits the importation of hydrofluorocarbons (HFCs), commonly used as refrigerants, without allowances issued by the U.S. Environmental Protection Agency.
“The illegal smuggling of hydrofluorocarbons, a highly potent greenhouse gas, undermines international efforts to combat climate change under the Kigali Amendment to the Montreal Protocol,” said David M. Uhlmann, EPA Assistant Administrator for the Office of Enforcement and Compliance Assurance. “Anyone who seeks to profit from illegal actions that worsen climate change must be held accountable. This arrest highlights the significance of EPA’s climate enforcement initiative and our efforts to prevent refrigerants that are climate super pollutants from illegally entering the United States.”
“It is illegal to import certain refrigerants into the United States because of their documented and significantly greater contribution to climate change,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We are committed to enforcing the AIM Act and other laws that seek to prevent environmental harm.”
“This office is at the forefront of environmental prosecutions, and today is a significant milestone for our country,” said U.S. Attorney Tara McGrath. “This is the first time the Department of Justice is prosecuting someone for illegally importing greenhouse gases, and it will not be the last. We are using every means possible to protect our planet from the harm caused by toxic pollutants, including bringing criminal charges.”
According to the EPA, HFCs are potent greenhouse gases that cause climate change and are used in applications such as refrigeration, air-conditioning, building foam insulation, fire extinguishing systems, and aerosols. The global warming potential of an HFC can be hundreds to thousands of times more potent than carbon dioxide. The use of HFCs has been rapidly increasing worldwide due to the global phaseout of ozone-depleting substances and increased demand for refrigeration and air conditioning. The 2016 Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer is an international agreement to phase down the production and consumption of HFCs by 80-85 percent by 2047.
The indictment alleges that Hart purchased refrigerants in Mexico and smuggled them into the United States in his vehicle, concealed under a tarp and tools. According to the indictment, Hart posted the refrigerants for sale on OfferUp, Facebook Marketplace, and other sites, and sold them for a profit. In addition to greenhouse gases, the indictment alleges Hart imported HCFC-22, an ozone-depleting substance regulated under the Clean Air Act.
The Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol) is a treaty adopted in 1987 and ratified by virtually every country. The Montreal Protocol required the gradual phase out of ozone-depleting substances, with different timetables for developed countries like the United States and developing countries like Mexico. In the United States, the Montreal Protocol is being implemented under the Clean Air Act: Stratospheric Ozone Protection, which identifies HCFC-22 as a regulated ozone-depleting substance. Before 2020, EPA regulations that governed ozone-depleting substances made it illegal for anyone to import a regulated ozone-depleting substance in an amount exceeding that individual’s consumption allowance, subject to certain exceptions. Consumption allowances for HCFC-22 were eliminated on Jan. 1, 2020, and it became illegal to import HCFC-22 for any purpose other than for use in a process resulting in their transformation or their destruction.
The Kigali Amendment to the Montreal Protocol is designed to phase down the production and consumption of greenhouse gases such as HFCs, which are commonly used alternatives to ozone-depleting substances that are already controlled under the Montreal Protocol and the Clean Air Act. The AIM Act authorized the EPA to phase down the production and consumption of HFCs in a stepwise manner by 85% by 2036. As part of the AIM Act, Congress added an additional list of regulated substances, which include HFC-32, HFC-125, HFC-134a, and HFC-143a. Refrigerants marketed as HFC- or R-404A, -407A, -407C and -410A contain these regulated substances. The listed HFCs are some of the most commonly used HFCs and all are saturated, meaning they have only a single bond between their atoms and therefore have longer atmospheric lifetimes than other substitutes such as hydrofluoroolefins. Beginning on Jan. 1, 2022, EPA regulations prohibit any person from importing bulk regulated HFCs, except by expending, at the time of import, a consumption or application-specific allowance issued by the EPA. No person may sell or distribute, or offer for sale or distribution, any regulated HFC that was imported illegally.
Information on EPA’s enforcement efforts to address climate change and the 2023 EPA Climate Enforcement and Compliance Strategy memorandum are available on the agency’s Addressing Climate Change in Enforcement and Compliance Assurance web page.
EPA Resolves Enforcement Action with Vishay Dale Electronics LLC for Alleged Hazardous Waste Violations in Columbus, Nebraska
LENEXA, KAN. (MARCH 4, 2024) – Vishay Dale Electronics LLC has agreed to pay a civil penalty of $387,000 to resolve violations of the federal Resource Conservation and Recovery Act at its Columbus, Nebraska, facilities.
The company is a worldwide manufacturer of electronic components, as alleged by the U.S. Environmental Protection Agency (EPA), violated multiple federal regulations intended to protect workers and the public from exposure to the hazardous waste it generated.
EPA inspected Vishay Dale’s facilities in May and October 2022 and determined that the company violated federal law by:
- Storing hazardous waste beyond 90 days without a required permit.
- Failing to properly label, contain, and maintain hazardous wastes.
- Failing to inspect hazardous waste containers.
- Failing to separate incompatible hazardous wastes.
- Failing to maintain and operate one of the facilities to minimize the possibility of fire, explosion, or any unplanned release of hazardous waste.
In response to the inspection findings, Vishay Dale agreed to take the necessary steps to return its facilities to compliance and will send quarterly reports to EPA demonstrating proper hazardous waste management.
According to EPA, Vishay Dale qualifies as a “large quantity generator” of hazardous solvents, caustics, and wipes. Exposure to these kinds of waste may lead to injury or death. Federal law requires facilities that generate hazardous wastes to identify the waste and implement safe generation, handling, transportation, and disposal practices.
EPA identified the communities surrounding Vishay Dale’s facilities as potentially sensitive areas, because of exposures to air toxics cancer risk, toxic releases to air, wastewater discharges, Superfund proximity, and hazardous waste proximity.
EPA is strengthening enforcement in overburdened communities to address disproportionately high and adverse human health or environmental effects of industrial operations on vulnerable populations.
Learn more about EPA programs that protect people from exposure to hazardous waste.
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EPA Reaches Settlement with S & W Atlas Iron & Metal of Los Angeles over Stormwater Pollution Claims
SAN FRANCISCO – The U.S. Environmental Protection Agency (EPA) has entered into an Administrative Order on Consent with S & W Atlas Iron & Metal Co. Inc. over claims of Clean Water Act violations at its facility in Los Angeles, California. Under the terms of the agreement, the company will undertake several steps to upgrade their treatment system and to prevent stormwater pollutants—including metals—from discharging onto the grounds of Jordan High School and into Compton Creek, a tributary of the Los Angeles River.
“Tackling the harmful pollution carried in stormwater is a vital part of the Clean Water Act. This order requires Atlas to improve their stormwater treatment and eliminate any water pollutant discharge from leaving the site and reaching Jordan High School,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “EPA is committed to protecting human health and the environment by reducing exposure to lead and heavy metals, especially for children and communities with environmental justice concerns.”
Pollutants from industrial facilities that are carried by stormwater, if not properly managed, can impact water quality and aquatic life. This occurs when rainwater washes over surfaces at industrial sites, picking up harmful pollutants like chemicals, metals, and sediments before flowing offsite into nearby streams, rivers, and lakes. The Clean Water Act requires that certain industrial facilities, such as S &W Atlas Iron & Metal, obtain permits to control the discharge of pollutants in stormwater runoff to water bodies. These facilities must develop and implement stormwater pollution prevention plans.
EPA alleges that for the 2022-2023 monitoring period, S &W Atlas Iron & Metal exceeded the limits for levels of iron, zinc, and copper in its discharge. These limits are meant to protect the Los Angeles River. Additionally, EPA alleges that S & W Atlas discharged stormwater through unauthorized breaches in a perimeter wall onto Jordan High School property. To settle these EPA claims of violations, S & W Atlas has agreed to:
- Submit and implement a Stormwater Containment Plan.
- Operate and maintain the stormwater treatment system and stormwater/oil separator according to the manufacturer’s manual.
- Include standard operating procedures in the Storm Water Pollution Prevention Plan (SWPPP).
- Require and provide frequent training for employees according to the updated SWPPP.
EPA conducts inspections and takes enforcement actions as part of its mission to protect public health and the environment. EPA will monitor S & W Atlas Iron & Metal’s progress and take further action should the company fail to meet its obligations.
Learn more about the stormwater permits under the Clean Water Act.
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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