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LENEXA, KAN. (MAY 14, 2024) – The U.S. Environmental Protection Agency (EPA) announced the availability of $2,883,000 in funding through the Sewer Overflow and Stormwater Reuse Municipal Grant program to help communities address stormwater and sewer infrastructure needs in Region 7. Safely managing stormwater is critical to preventing contaminants, including untreated sewage, from polluting waterways.

EPA’s grant funding is available to states to support projects in cities and towns that will strengthen their stormwater collection systems to be more resilient against increasingly intense rain events made worse by the climate crisis.

Funding allotments available to Region 7 states are as follows:

• Iowa: $326,000
• Kansas: $461,000
• Missouri: $1,567,000
• Nebraska: $529,000

“This funding is an opportunity for small and financially struggling communities to obtain no-cost grants for critical stormwater and sewer system needs,” said EPA Region 7 Administrator Meg McCollister. “No-cost grants help to ensure that upgrade prices do not get passed on to utility customers, and that’s a win for our community members.”

When rain and floodwaters overrun sewer and stormwater systems, they bypass treatment and transport pollution and sewage directly into creeks, streams, and rivers. These untreated discharges threaten human health, economic prosperity, and ecological function.

Stormwater management is a complex challenge for communities across the country. Through changes made by President Biden’s Bipartisan Infrastructure Law, this grant program will prioritize stormwater infrastructure projects in small and/or financially distressed and disadvantaged communities and prevent cost-share requirements from being passed on to these communities.

Additional funding for stormwater and wastewater upgrades is available through President Biden’s Bipartisan Infrastructure Law and EPA’s Water Infrastructure Finance and Innovation Act (WIFIA) program. Through the Bipartisan Infrastructure Law, EPA is providing $11.7 billion to states to upgrade wastewater infrastructure through the Clean Water State Revolving Fund. Additionally, the seventh round of EPA’s WIFIA financing is available – with $6.5 billion through WIFIA and $1 billion through the State infrastructure financing authority WIFIA (SWIFIA) program.

EPA is currently accepting letters of interest for WIFIA and SWIFIA, a loan program exclusively for state infrastructure financing authority borrowers. Learn more about submitting a letter of interest for a WIFIA loan. 

These programs advance President Biden’s Justice40 Initiative, which sets a goal that 40% of the overall benefits of certain federal climate, clean energy, affordable and sustainable housing, and other investments flow to disadvantaged communities that are marginalized by underinvestment and overburdened by pollution.

Learn more about the Sewer Overflow and Stormwater Reuse Municipal Grant program.

Stormwater can be a significant source of water pollution and a public health concern. It can collect various pollutants, including trash, chemicals, oils, and dirt/sediment, and convey them to nearby waterways. When mixed with domestic and industrial wastewater in combined sewers, stormwater can also contribute to combined sewer overflows during heavy storm events.

EPA is working with local and state partners to leverage the resources of the federal government to meet the needs of these communities. In the past, states and communities shared a fixed portion of the costs associated with all projects funded through the Sewer Overflow and Stormwater Reuse Municipal Grant program. The Bipartisan Infrastructure Law changed the program so that 25% of its funds go to available projects in small and/or financially distressed communities; it also limited states’ abilities to pass on the burden of cost sharing to these communities.

To encourage investment in these critical projects, EPA modified the Sewer Overflow and Stormwater Reuse Municipal Grant program so that state grantees are not required to contribute cost-share money for program projects located in small or financially distressed communities. However, grant portions that go to communities other than small or financially distressed ones will include a cost-share requirement.

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WASHINGTON – Yesterday, May 13, the U.S. Environmental Protection Agency transmitted a report to Congress outlining clean water infrastructure investments—including wastewater and stormwater system upgrades—that are needed over the next 20 years. Through the Clean Watersheds Needs Survey, states and U.S. territories report on future capital costs or investment needs to maintain and modernize publicly owned wastewater treatment works, stormwater infrastructure, nonpoint source control, and decentralized wastewater treatment systems like septic tanks. These investments are essential to supporting the Clean Water Act’s goal that our nation’s waters are fishable and swimmable.

 The 2022 survey represents the most recent comprehensive and robust report on wastewater, stormwater, and other clean water infrastructure needs in the U.S., and shows that at least $630 billion will be needed over the next 20 years to protect our nation’s waterbodies. 

“Protecting our nations waterways is vital for healthy communities. They provide sources of drinking water, support farming, power economic opportunity and transport and allow for recreation and fishing,” said Acting Assistant Administrator for Water Bruno Pigott. “This survey is an important estimate of needs that is based on information collected from the communities themselves. President Biden has secured the largest investments in history for water infrastructure, putting America in a strong position to help local systems protect our nation’s water quality.”

EPA has many federal funding resources available for communities and utilities to improve vital drinking water and wastewater infrastructure. President Biden’s Bipartisan Infrastructure Law provides a historic $50 billion investment in upgrading critical water infrastructure – with almost $13 billion going to wastewater and stormwater management. EPA’s Clean Water State Revolving fund has supported over $160 billion in infrastructure since its inception in 1987, and EPA’s Water Infrastructure Finance and Innovation Act (WIFIA) program has issued over $43 billion in financing for water infrastructure projects since 2018.

 Learn more about the survey and access the interactive dashboard.

Background

 This is the 17th survey conducted since the passage of the Clean Water Act over 50 years ago. The last survey was conducted in 2012. Along with the needs data, the survey also collected technical data from all existing treatment facilities (e.g., flow, population served, effluent level, etc.). As of January 2022, there are 17,544 POTWs serving 270.4 million Americans, or 82% of the population. This information can be viewed and downloaded on the CWNS website.

NEW YORK  – Today, the U.S. Environmental Protection Agency announced $28.6 million from President Biden’s Investing in America agenda to help Puerto Rico identify and replace lead service lines to prevent exposure to lead in drinking water. Lead can cause a range of serious health impacts, including irreversible harm to brain development in children. To protect children and families, President Biden has committed to replacing every lead pipe in the country. Today’s announcement, funded by the Bipartisan Infrastructure Law and available through EPA’s successful Drinking Water State Revolving Fund, takes another major step to advance this work and environmental justice, and bolsters the Administration’s Lead Pipe and Paint Action Plan and EPA’s Get the Lead Out Initiative.

Working collaboratively, EPA and the State Revolving Funds are advancing the President’s Justice40 Initiative as lead exposure disproportionately affects communities of color and low-income families. The total funding announced through this program to date is expected to replace up to 1.7 million lead pipes nationwide, securing clean drinking water for countless families.

“The science is clear, there is no safe level of lead exposure, and the primary source of harmful exposure in drinking water is through lead pipes,” said EPA Administrator Michael S. Regan. “President Biden understands it is critical to identify and remove lead pipes as quickly as possible, and he has secured significant resources for states and territories to accelerate the permanent removal of dangerous lead pipes once and for all.”

“Every Puerto Rican family deserves safe drinking water when they turn on their tap and this major injection of funding will further bolster the work to achieve that goal,” said EPA Regional Administrator Lisa F. Garcia. “For too long, the urgent need to improve our drinking water systems has far outweighed the available funding. This crucial Bipartisan Infrastructure Law funding is helping close that gap.”

"The continued exposure to lead in drinking water is a serious health risk to individuals, especially children. I am pleased that Puerto Rico will be receiving $28.6 million in funding for lead water service line replacement under the Bipartisan Infrastructure Law.  This funding through the State Revolving Fund (SRF) helps us to move forward in addressing the pressing issue of aging infrastructure and safeguarding the health of our residents,” said U.S. Representative Jenniffer Gonzalez-Colon. “By replacing these outdated lines, we are improving water quality and protecting our communities' well-being for generations to come. I am proud to have been part of the effort to craft and pass the BIL as a member of the House Transportation and Infrastructure Committee. As we move forward, I remain dedicated to advocating for additional investments in Puerto Rico's infrastructure to address longstanding challenges and build a more resilient future for all."

President Biden’s Bipartisan Infrastructure Law invests a historic $15 billion to identify and replace lead service lines. The law mandates that 49% of funds provided through the DWSRF General Supplemental Funding and DWSRF Lead Service Line Replacement Funding must be provided as grants and forgivable loans to disadvantaged communities, a crucial investment for communities that have been underinvested in for too long. EPA projects a national total of 9 million lead services lines across the country, based on data collected from the updated 7th Drinking Water Infrastructure Needs Survey and Assessment. The funding announced today will be provided specifically for lead service line identification and replacement and will help every state and territory fund projects to remove lead pipes and reduce exposure to lead from drinking water. This Lead Service Line-specific formula allows states to receive financial assistance commensurate with their need as soon as possible, furthering public health protection nationwide. To ensure that funding is used for lead service line related activities, LSLR allotments are based on need — meaning that states with more projected lead service lines receive proportionally more.

Alongside the funding announced today, EPA is also releasing a memorandum that clarifies how states can use this and other funding to most effectively reduce exposure to lead in drinking water. Additionally, EPA has developed new outreach documents to help water systems educate their customers on drinking water issues, health impacts of lead exposure, service line ownership, and how customers can support the identification of potential lead service lines in their homes.

The Biden-Harris Administration’s ambitious initiative to remove lead pipes has already delivered significant results for families across the nation. Today’s latest funding will ensure more Puerto Rican families benefit from these unprecedented resources and support projects like these:

• The Puerto Rico Department of Health’s project will utilize funds to further the health protection objectives of the Safe Drinking Water Act. This agreement will provide funds to replace lead drinking water service lines and help identify the planning, design and replacement of service lines of customer-owned and PRASA-owned service lines. The Department of Health will also use this funding to provide technical assistance to state program managers and small water system administrators.

To view more stories about how the unprecedented investments from the Bipartisan Infrastructure Law are transforming communities across the country, visit EPA’s Investing in America’s Water Infrastructure Story Map. To read more about some additional projects that are underway, see EPA’s recently released Quarterly Report on Bipartisan Infrastructure Law Funded Clean Water and Drinking Water SRF projects and explore the State Revolving Funds Public Portal.  

Today’s allotments are based on EPA’s updated 7th Drinking Water Infrastructure Needs Survey and Assessment including an assessment of the one-time update submissions. To date, this is the best available data collected and assessed on service line materials in the United States. Later this summer, EPA will release an addendum to the 7th DWINSA Report to Congress, which will include the updated lead service line projections. EPA anticipates initiating data collection, which will include information on lead service lines, for the 8th DWINSA in 2025.

For more information, including state-by-state allotment of 2024 funding and a breakdown of EPA’s lead Drinking Water State Revolving Fund, please visit EPA’s Drinking Water website.

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Puerto Rico recibirá $28.6 millones para reemplazar tuberías de plomo para lograr agua potable segura

La EPA anuncia la última ronda de financiamiento del compromiso del presidente Biden para reemplazar todas las tuberías de plomo del país, protegiendo así la salud pública y ayudando a abastecer agua potable segura

Contacto: Iris M. Crawford (Crawford.iris@epa.gov) 347-908-3374

NUEVA YORK – Hoy, la Agencia de Protección Ambiental de Estados Unidos (EPA, por sus siglas en inglés) anunció la asignación de $28.6 millones de la agenda Invertir en Estados Unidos del presidente Biden para ayudar a Puerto Rico a identificar y reemplazar las tuberías de plomo para prevenir la exposición al plomo en el agua potable. El plomo puede causar una serie de graves efectos en la salud, incluido el daño irreversible al desarrollo cerebral de los niños. Para proteger a los niños y las familias, el presidente Biden se ha comprometido a reemplazar todas las tuberías de plomo del país. El anuncio de hoy, financiado por la Ley Bipartidista de Infraestructura y disponible a través del exitoso Fondo Rotatorio Estatal de Agua Potable de la EPA (DWSRF), da otro paso importante para avanzar en este trabajo y la justicia ambiental y refuerza el Plan de Acción de Tuberías y Pinturas de Plomo de la Administración y la Iniciativa Eliminar el Plomo de la EPA.

Trabajando en colaboración, la EPA y los Fondos Rotatorios Estatales están promoviendo la Iniciativa Justice40 del Presidente, ya que la exposición al plomo afecta de manera desproporcionada a las comunidades desventajadas y a las familias de bajos ingresos. Se espera que los fondos totales anunciados a través de este programa hasta la fecha reemplacen hasta 1.7 millones de tuberías de plomo en todo el país, asegurando agua potable limpia para innumerables familias.

“La ciencia lo ha dejado en claro, no existe un nivel seguro de exposición al plomo, y la principal fuente de exposición dañina en el agua potable es a través de las tuberías de plomo”, comentó el administrador de la EPA, Michael S. Regan. “El presidente Biden entiende que es fundamental identificar y eliminar las tuberías de plomo lo más rápido posible, y ha asegurado recursos significativos para que los estados y territorios aceleren la eliminación permanente de las peligrosas tuberías de plomo de una vez por todas”.

“Todas las familias puertorriqueñas merecen agua potable segura cuando abren el grifo y esta importante inyección de fondos reforzará aún más el trabajo para lograr esa meta”, indicó la administradora regional de la EPA, Lisa F. García. “Durante demasiado tiempo, la necesidad urgente de mejorar nuestros sistemas de agua potable ha superado con creces los fondos disponibles. Este financiamiento crucial de la Ley Bipartidista de Infraestructura está ayudando a cerrar esa brecha”.

“La exposición continua al plomo en el agua potable es un grave riesgo para la salud de las personas, especialmente de los niños. Me complace que Puerto Rico recibirá $28.6 millones en fondos para el reemplazo de tuberías de servicio de agua con plomo conforme a la Ley Bipartidista de Infraestructura.  Este financiamiento a través del Fondo Rotatorio Estatal (SRF) nos ayuda a avanzar en abordar el problema apremiante de la infraestructura envejecida y salvaguardar la salud de nuestros residentes”, señaló la representante Jenniffer González-Colón. “Al reemplazar estas tuberías obsoletas, estamos mejorando la calidad del agua y protegiendo el bienestar de nuestras comunidades para las generaciones venideras. Estoy orgullosa de haber sido parte del esfuerzo para elaborar y aprobar la Ley Bipartidista de Infraestructura como miembro del Comité de Transporte e Infraestructura de la Cámara de Representantes. A medida que avanzamos, sigo dedicada a abogar por inversiones adicionales en la infraestructura de Puerto Rico para abordar los desafíos de larga data y construir un futuro más resiliente para todos”.

La Ley Bipartidista de Infraestructura invierte la cifra histórica de $15 mil millones para identificar y reemplazar las tuberías de servicio de plomo. La ley exige que el 49% de los fondos proporcionados a través de la Financiación Suplementaria General del Fondo Rotatorio Estatal para Agua Potable (DWSRF) y la Financiación de Reemplazo de la Línea de Servicio Principal de la DWSRF se proporcionen como subvenciones y préstamos condonables a las comunidades desventajadas, una inversión crucial para las comunidades en las que no se ha invertido lo suficiente durante demasiado tiempo. La EPA proyecta un total nacional de 9 millones de tuberías de servicios de plomo en todo el país, según los datos recopilados de la 7ª Encuesta y Evaluación de Necesidades de Infraestructura de Agua Potable. Los fondos anunciados hoy se proporcionarán específicamente para la identificación y reemplazo de tuberías de servicio de plomo y ayudarán a todos los estados y territorios a financiar proyectos para eliminar las tuberías de plomo y reducir la exposición al plomo del agua potable. Esta fórmula específica de la Línea de Servicio de Plomo permite a los estados recibir asistencia financiera acorde con sus necesidades lo antes posible, promoviendo la protección de la salud pública en todo el país. Para garantizar que los fondos se utilicen para actividades relacionadas con las tuberías de servicio de plomo, las asignaciones de LSLR se basan en la necesidad, lo que significa que los estados con más tuberías de servicio de plomo proyectadas reciben proporcionalmente más.

Junto con el financiamiento anunciado hoy, la EPA también publica un memorándum que aclara la manera en que los estados pueden usar este y otros fondos para reducir más eficazmente la exposición al plomo en el agua potable. Además, la EPA ha desarrollado nuevos documentos de divulgación para ayudar a los sistemas de agua a educar a sus clientes sobre los problemas del agua potable, los impactos en la salud de la exposición al plomo, la propiedad de las tuberías de servicio y cómo los clientes pueden apoyar la identificación de posibles tuberías de servicio de plomo en sus hogares.

La ambiciosa iniciativa de la Administración Biden-Harris para eliminar las tuberías de plomo ya ha dado resultados significativos para las familias de todo el país. Los últimos fondos de hoy asegurarán que más familias puertorriqueñas se beneficien de estos recursos sin precedentes y apoyen proyectos como estos:

• El proyecto del Departamento de Salud de Puerto Rico utilizará fondos para promover los objetivos de protección de la salud de la Ley de Agua Potable Segura. Este acuerdo proporcionará fondos para reemplazar las tuberías de servicio de agua potable con plomo y ayudará a identificar la planificación, el diseño y el reemplazo de las tuberías de servicio de las tuberías de servicio propiedad del cliente y de la Autoridad de Acueductos y Alcantarillados (AAA). El Departamento de Salud también utilizará estos fondos para proporcionar asistencia técnica a los administradores de programas estatales y a los administradores de pequeños sistemas de agua.

Para ver más historias sobre cómo las inversiones sin precedentes de la Ley Bipartidista de Infraestructura están transformando comunidades en todo el país, visite el Esquema Narrativo sobre la Infraestructura de Agua de Invertir en Estados Unidos. Para obtener más información sobre algunos proyectos adicionales que están en marcha, consulte el informe de la EPA publicado recientemente Informe Trimestral sobre proyectos SRF de Agua Limpia y Agua Potable Financiados por la Ley Bipartidista de Infraestructura y explore el Portal Público de Fondos Rotatorios Estatales.  

Las asignaciones de hoy se basan en la 7ª Encuesta y Evaluación de Necesidades de Infraestructura de Agua Potable actualizada de la EPA, que incluye una evaluación de las presentaciones de actualización únicas. Hasta la fecha, estos son los mejores datos disponibles recopilados y evaluados sobre los materiales de las tuberías de servicio en los Estados Unidos. A finales de este verano, la EPA publicará un apéndice al 7º Informe DWINSA al Congreso, que incluirá las proyecciones actualizadas de las tuberías de servicio de plomo. La EPA anticipa el inicio de la recopilación de datos, que incluirá información sobre las tuberías de servicio de plomo, para el 8º DWINSA en 2025.

Para obtener más información, incluida la asignación de fondos para 2024 estado por estado y un desglose del Fondo Rotativo Estatal de Agua Potable de la EPA, visite el sitio web de Agua Potable de la EPA.

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CHICAGO – Today, the U.S. Environmental Protection Agency (EPA) announced a $39 million Water Infrastructure Finance and Innovation Act (WIFIA) loan to Bloomington and Normal Water Reclamation District in central Illinois. This WIFIA loan will help finance the district’s Wastewater System Modernization and Rehabilitation Program, which will provide essential public health and environmental protections while supporting economic growth. 

“Investing in water infrastructure is one of the best bets we can make to help our communities grow and thrive,” said EPA Acting Assistant Administrator for Water Bruno Pigott. “Through our WIFIA program and historic funding delivered by President Biden’s Bipartisan Infrastructure Law, EPA is investing in communities across the country to provide clean and safe water that is essential to residents, schools, and businesses. I’m excited that Bloomington, Illinois, has secured a $39 million WIFIA loan to upgrade wastewater treatment and better protect residents and the local environment.” 

Bloomington and Normal Water Reclamation District’s modernization and rehabilitation program will upgrade the wastewater system that serves over 130,000 residents. The district will rehabilitate its wastewater treatment plant and conveyance systems to comply with environmental regulations, increase system resiliency, and reduce combined sewer overflows. By converting backup generators from diesel fuel to natural gas and generating solar power, the district will also reduce greenhouse gas emissions and energy costs, while improving air quality. Additionally, the district will conduct a study to identify sources of PFAS and recommend strategies to reduce discharges of these “forever chemicals” to local waters.  

“The district’s primary mission is the long-term protection of public health and the environment. Borrowing through the WIFIA program enables the accelerated renovation of aged facilities and construction of new facilities to meet and/or exceed NPDES permit standards,” said Tim Ervin, Executive Director of the Bloomington-Normal Water Reclamation District. “Through the strong support of Senator Duckworth and Senator Durbin of this EPA program, the construction and installation of this infrastructure will preserve and improve the water quality of Sugar and Little Kickapoo Creek for future generations in Central Illinois.”   

With this loan, the district expects to save $10 million and create about 250 jobs. It is the first Water Infrastructure Finance and Innovation Act loan under a Water Infrastructure Finance and Innovation Act master agreement that will commit $157 million accelerate rehabilitating the district’s wastewater system. 

Since its creation, EPA’s Water Infrastructure Finance and Innovation Act program has announced over $20 billion in financing to support over $43 billion in water infrastructure projects that are strengthening drinking water, wastewater, and stormwater infrastructure while creating over 140,000 jobs. 

EPA’s WIFIA loans are an important piece of the Biden-Harris Administration’s work Investing in America this Infrastructure Week. President Biden’s Bipartisan Infrastructure Law, signed in November of 2021, provides $50 billion to invest in water infrastructure. Today, Bipartisan Infrastructure Law-funded projects are breaking ground nationwide while tackling legacy pollution, upgrading drinking water and wastewater infrastructure, and making communities more resilient to the effects of climate change.

Learn more about EPA’s WIFIA Program and water infrastructure investments under the Bipartisan Infrastructure Law. 

Background  

Established by the Water Infrastructure Finance and Innovation Act of 2014, the WIFIA program is a federal loan program administered by EPA. The WIFIA program aims to accelerate investment in the nation’s water infrastructure by providing long-term, low-cost supplemental credit assistance for regionally and nationally significant projects. The WIFIA program has an active pipeline of pending applications for projects that will result in billions of dollars in water infrastructure investment and thousands of jobs. 
 
EPA is currently in its 7th selection round for WIFIA financing. In this round, EPA is offering $6.5 billion through WIFIA, and $1 billion through SWIFIA, which is a loan program exclusively for State infrastructure financing authority borrowers. EPA is currently accepting letters of interest for WIFIA and SWIFIA loans. Learn more about submitting a letter of interest for a WIFIA loan. 
 
In addition to WIFIA loans, there are many federal funding resources available for communities and utilities to improve vital water and wastewater resources. President Biden’s Bipartisan Infrastructure Law is a once-in-a-generation investment in our nation’s infrastructure and competitiveness. The Bipartisan Infrastructure Law provides a historic $50 billion investment in upgrading critical water, wastewater, and stormwater infrastructure. 

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BOSTON (May 9, 2024) The U.S. Environmental Protection Agency (EPA) settled an administrative penalty case with Professional Contract Sterilization, Inc. (PCS) for alleged violations of Clean Air Act reporting requirements at their Ethylene Oxide sterilization facility in Taunton, Massachusetts. 

The case was settled on February 6, 2024, with a Consent Agreement and Final Order with PCS agreeing to pay a settlement penalty of $15,000, an amount determined appropriate by EPA based on its review of the company's financial ability to pay a penalty.

"We need to know if the air we're breathing is safe!" said EPA Regional Administrator David W. Cash. "Tracking emissions and control measures from permitted facilities is one of the many important ways EPA ensures our loved ones are protected from harmful health issues - and our environment remains resilient."

Ethylene oxide is a flammable, colorless and carcinogenic gas. Long-term human exposure to ethylene oxide has been linked to an increased risk of certain types of cancer, including leukemia and breast cancer. While ethylene oxide is primarily used to make other chemicals, such as antifreeze, it is also used as a sterilizing agent. According to the U.S. Food and Drug Administration, approximately 50 percent of sterile medical devices, or roughly 20 billion devices per year, are sterilized with ethylene oxide.

In April 2023, EPA proposed to significantly strengthen and update emissions standards for ethylene oxide emitted into the air from commercial sterilizers like PCS in order to reduce the long-term risks for workers at these sterilization facilities as well as people living in nearby communities.

In March 2024, EPA announced a rule that will reduce lifetime cancer risks for people living near commercial sterilization facilities across the country. The final amendments to the air toxics standards for ethylene oxide commercial sterilization facilities put in place the strongest measures in U.S. history to reduce emissions of EtO, one of the most potent cancer-causing chemicals. Through the installation of proven and achievable air pollution controls, commercial sterilizers will reduce emissions by more than 90%.

Background:

In September 2021, EPA issued an information collection request to commercial Ethylene Oxide sterilization facilities nationwide, including PCS, to determine whether these sterilizers contributed to elevated cancer risk for residents of surrounding communities. After PCS allegedly failed to provide the information, EPA issued a testing requirement in April 2022 directing the company to test its Ethylene Oxide sterilization facility's emissions control system.

Subsequently, EPA filed an administrative complaint against the company in June 2022 alleging that PCS failed to submit information regarding its sterilization operation and to timely submit a plan to test whether its emissions control system was working properly. PCS completed its submission of the information requested in July 2022 after the complaint was filed and tested the performance of its emissions control system in April 2023. EPA staff was present during the performance test, reviewed the test results, and determined that PCS's control systems were meeting the current control efficiency standards.

A copy of the Consent Agreement and Final Order can be provided upon request.

LENEXA, KAN. (MAY 6, 2024) – On April 15 and 16, 2024, the Kansas and Missouri Departments of Agriculture, in partnership with the U.S. Environmental Protection Agency (EPA), ordered 17 grocery stores in the Kansas City area to stop the sale and distribution of certain Fabuloso household disinfectants, as well as other disinfection products.

EPA says that the products were illegally imported into the U.S., are noncompliant with federal law, and may represent a danger to consumers.

 “EPA and our state partners are committed to protecting customers from potentially dangerous pesticide products, especially in areas already overburdened by pollution,” said EPA Region 7 Administrator Meg McCollister. “This includes taking swift action to prevent ongoing sales of illegal disinfectant products.”

According to EPA, the illegal Fabuloso products contain an active ingredient, glutaraldehyde, that is not authorized in the U.S. as a household disinfectant, because of potential health risks, including throat and lung irritation, asthma and difficulty breathing, dermatitis, nasal irritation, sneezing, wheezing, burning eyes, and conjunctivitis.

The joint state and EPA inspections that resulted in the “stop sale” orders revealed illegal Fabuloso products being offered for sale at multiple grocers in the Kansas City area that serve Hispanic communities.

The unauthorized Fabuloso products had labels primarily written in Spanish. A U.S. version of Fabuloso, with labels in English, contain an approved active ingredient that is authorized for sale in the U.S. Some of the stores that were inspected were selling both the authorized and unauthorized products.

Other violative products identified during the inspections and placed under a stop sale order include:

• 48 Horas Prevencion Antibacterial Clorox
• Clorox Ropa
• Royal Pine
• Pinol el Original
• Cloralex El Rendidor
• Axiom Complete
• Golden Essence Multi-Purpose Antibacterial Wipes

The stop sale orders issued to the grocery stores require them to remove the illegal products from store shelves and to cease all further sales and/or distribution.

If you have recently purchased a Fabuloso product that makes disinfectant claims, or any of the other listed disinfectants, check the product label to ensure that it is registered with EPA (all EPA-approved disinfectants have unique registration numbers). If the label does not include an EPA registration number and/or indicates it is not approved for sale in the U.S., contact your waste provider for disposal options. Fabuloso products that do not make anti-viral or anti-bacterial disinfectant claims are not regulated and can be used according to their directions.

Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), producers and distributors of pesticide products must register the products with EPA and must include required labeling on the products. It is illegal to sell any pesticide that is not registered and/or does not contain required label contents. Any products claiming to kill viruses and other pathogens are considered “pesticides” under federal law.

EPA offers a hotline where questions can be answered about pesticides at 1-800-858-7378. A Spanish-speaking version is available at 1-888-919-4372.

Learn more about FIFRA.

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SAN FRANCISCO – The Department of Justice, on behalf of the U.S. Environmental Protection Agency (EPA), and the Attorney General of California, on behalf of the San Francisco Bay Regional Water Quality Control Board, filed a civil complaint in federal court today against the City and County of San Francisco for claims of Clean Water Act violations spanning the last decade. The complaint seeks financial penalties and improvements to remedy San Francisco’s repeated and widespread failures to operate its two combined sewer systems and three sewage treatment plants in compliance with the Clean Water Act and its permits. San Francisco failed to operate its combined sewer systems in a manner that keeps untreated sewage out of San Francisco Bay and its tributaries, streets, beaches and other areas with risk of human contact.

“Protecting San Francisco Bay, the Pacific Ocean and public health are critical priorities for EPA, and this complaint is a major step to improve how the San Francisco sewer system is managed,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “EPA and our partners are committed to ensuring San Francisco comes into compliance with the Clean Water Act to protect clean water and local communities.”

“San Francisco’s aging wastewater system has exposed the public to risks for too long,” said Alexis Strauss, Chair of the San Francisco Bay Regional Water Quality Control Board. “This is the time to commit to an outcome which reduces sewage overflows and builds upgraded wastewater infrastructure. Our goal is to help San Francisco achieve a healthy Bay and coastline, which can be enjoyed by millions of residents and visitors every day."

The United States and the San Francisco Water Board request that the Court order the City of San Francisco to cease further violations of the Clean Water Act and its permits and complete all actions necessary to ensure that the City complies in the future. On average each year since 2016, San Francisco has discharged more than 1.8 billion gallons of untreated sewage from its combined sewer systems into creeks, San Francisco Bay, and the Pacific Ocean, including areas popular for wading, swimming, surfing, kayaking and fishing. San Francisco is served by two combined sewer systems that collect domestic sewage, industrial and commercial wastewater, and stormwater in the same pipes. During heavy rains, when the sewage treatment plants are at maximum capacity, combined sewage is discharged from near-shore outfalls to creeks, the San Francisco Bay, and the Pacific Ocean without receiving disinfection treatment.

San Francisco’s failure to take steps to minimize these discharges or provide disinfection treatment interferes with the state’s designated uses for these water bodies, which include water contact recreation and protection of aquatic life. Untreated sewage contains pathogens such as E. coli, which can cause severe illness if ingested. Children, the elderly, people with weakened immune systems and pregnant women have a higher risk for adverse consequences from such illness than the general population.

In addition, San Francisco’s combined sewer systems are in a state of disrepair, and the City’s failure to properly operate and maintain them has led to additional combined sewage discharges that has put members of the public at risk for unknowingly coming into contact with untreated sewage. San Francisco has also consistently failed to properly notify the public about the presence of untreated sewage at popular water recreation locations, overflows from manholes onto sidewalks and streets and the risks of coming into contact with untreated sewage.

EPA has brought enforcement actions to require municipalities across the country to update their sewer systems and address similar Clean Water Act violations. Nationally, EPA has been working with states, municipalities, and trade organizations to develop tools to help communities work towards compliance with Clean Water Act requirements, including meeting applicable water quality standards.

The State Water Board and nine regional boards administer and enforce the Clean Water Act in California, improving water quality for communities and the environment while working with wastewater systems to help bring them into compliance. In 2023, the Water Boards took 260 wastewater enforcement actions under the Clean Water Act, with over six million dollars in assessed penalties.

San Francisco is one of approximately 750 communities in the country with combined sewer systems but is only one of two such systems in California. San Francisco began planning to address its combined sewer overflows in the 1970s and completed construction of planned controls over 25 years ago. Since completion of those controls, no significant upgrades or updates have been made to the system to reduce combined sewer overflows and currently, the controls are insufficient to meet the requirements in San Francisco’s Clean Water Act permits.

Read the complaint on EPA’s website.

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

In April, U.S. Environmental Protection Agency ordered Gold Eagle Co. and West Marine Products Inc. to stop the sale of “303 2-in-1 Mold & Mildew Cleaner + Blocker” distributed by Chicago company Gold Eagle and sold at West Marine’s retail location in Troy, Michigan. The order will prevent the illegal distribution and sale of this unregistered pesticide product by both companies at their respective retail locations and websites. 

The product, “303 2-in-1 Mold & Mildew Cleaner + Blocker,” is a mold and mildew remover also marketed to prevent mold and mildew from returning. Under the Federal Insecticide, Fungicide and Rodenticide Act, products that claim to kill, destroy, prevent, or repel pests, which include mold and mildew, are pesticides. All pesticides distributed or sold in the United States are required to be registered by the EPA to ensure the products perform as intended and will not harm people, non-target species, or the environment when used as directed. Mold and mildew are pests of public health concern and exposure can lead to health effects like coughs, allergies, or asthma. Consumers who rely on ineffective or unregistered products to remove mold and mildew may face an increased risk of exposure.

The EPA will be in contact with Gold Eagle and West Marine to determine next steps.

For more information on the Federal Insecticide, Fungicide and Rodenticide Act, visit the EPA’s website.

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

PHILADELPHIA (April 29, 2024) - Max Environmental Technologies, Inc. (MAX) has agreed to several actions to ensure compliance with federal and state hazardous waste safeguards at the company’s waste facility in Yukon, PA, the U.S. Environmental Protection Agency (EPA) announced today. 

MAX owns and operates a 160-acre facility, surrounded by agricultural and residential properties, about 30 miles southeast of Pittsburgh, PA in Westmoreland County. According to EPA, this site is an area with potential environmental justice concerns. MAX conducts waste operations under permits issued by the Pennsylvania Department of Environmental Protection (PA DEP) pursuant to the federal Clean Water Act (CWA) and the Resource Conservation Recovery Act (RCRA). RCRA is the principal federal hazardous waste storage and disposal statute.

Among the hazardous wastes at the MAX facility are wastewater treatment sludge, corrosives, arsenic, barium, cadmium, chromium, lead, selenium, silver, electric arc furnace dust, and waste acid/pickle liquor.  Waste management units include five closed impoundments, an active solid waste landfill, waste storage tanks and containers, hazardous waste treatment units, and a leachate management system that generates sludge from wastewater treatment.

EPA officials inspected the facility in March 20-24, 2023, to determine MAX’s compliance with environmental regulations, including the terms of its PA DEP-issued CWA and RCRA permits. According to EPA, its inspectors documented several RCRA permit violations, including but not limited to: (1) unlawful disposal of hazardous waste in the solid waste landfill at the facility, (2) failure to maintain a containment building, and (3) failure to keep the hazardous waste containers closed to prevent hazardous waste release.

The Consent Order announced today addresses RCRA and state hazardous waste requirements.  MAX has agreed to immediate measures to eliminate the potential release of solid and hazardous waste into the environment and to ensure that future ongoing operations do not cause or contribute to releases at the facility.   The RCRA consent order requirements include, but are not limited to:   

• Prohibition of disposal of untreated and treated hazardous waste in the facility’s landfill unless it has been reviewed and analyzed by a third-party auditor and unaffiliated PA DEP-accredited laboratory.  
• Retention of an EPA approved third party Professional Engineer to perform a structural evaluation and recommendations to repair or modify the containment and processing building and containment pads.
• Monitoring and sampling of residential wells adjacent to the facility.
• Monthly progress reports and meetings with EPA project managers to evaluate the compliance actions stated in the Consent Order 

EPA worked closely with PA DEP in investigating conditions and negotiating this consent order that addresses compliance with RCRA and state hazardous waste compliance.  EPA and PA DEP are currently reviewing MAX’s compliance with its CWA permit.  

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