Thursday, August 31, 2023
EPA Extends Public Comment Period on Proposed Cleanup Plan for Battery Recycling Company Superfund Site in Arecibo, Puerto Rico -- Spanish Translation Below
EPA Press Office:
EPA Extends Public Comment Period on Proposed Cleanup Plan for Battery Recycling Company Superfund Site in Arecibo, Puerto Rico -- Spanish Translation Below
Contact: Brenda Reyes (Reyes.Brenda@epa.gov), (787)-977-5869
NEW YORK (August 31, 2023) - The U.S. Environmental Protection Agency (EPA) has extended the public comment period for its proposed cleanup plan to address lead-contaminated soil and groundwater at the Battery Recycling Company Superfund Site in Arecibo, Puerto Rico to October 16, 2023. EPA held a public meeting at Casa Ulanga, Calle Gonzalo Marin #7 on August 29, 2023, to explain the proposed plan to the public.
The cleanup outlined in the proposed plan will address remaining contaminated soil and groundwater on and off the property that is the source of the site contamination. Under the proposed plan, EPA would remove contaminated soil for treatment and containment. Treated soil would be stored in a secure and restricted area at the source property, the former operations of The Battery Recycling Company, Inc. (BRC). EPA would also monitor the groundwater and limit the public’s access to groundwater through existing Puerto Rico laws and regulations as well as notifications to local governments and ensure future land use does not conflict with long-term cleanup goals.
The main property at the site was operated as a secondary lead smelter and battery recycling operation until 2014. Prior to the secondary lead smelting operation, the site was used for the manufacture of organic chemicals to produce fumaric acid and phthalic acid. These activities left behind high levels of lead and other contaminants in the soil and groundwater. The lead in soil presented an immediate risk to human health. In 2011, EPA entered into an order with then-operator, BRC, to clean areas of lead contamination at the source property under EPA oversight. However, when the company failed to finish the work, EPA took over the cleanup and removed lead contamination from employee’s homes, vehicles, and nearby pastures. EPA also decontaminated the source property to limit the further spread of lead. EPA added the site to the Superfund National Priorities List in 2017 and commenced a cleanup investigation of the site. EPA finished its early cleanup activities in 2022. The cleanup investigation along with an analysis of cleanup alternatives, led to the proposed cleanup plan announced today.
Written comments on the proposed plan may be mailed or emailed to Zolymar Luna Díaz, Remedial Project Manager, U.S. Environmental Protection Agency Region 2, Caribbean Environmental Protection Division #48 Rd, PR-165 Km 1.2 Citi View Plaza II, Suite 7000 Guaynabo, P.R. 00968-8069, Email: Luna.Zolymar@epa.gov.
For additional background and to see the proposed cleanup plan, visit the Battery Recycling Company Superfund site profile page.
Follow EPA Region 2 on Twitter and visit our Facebook page. For more information about EPA Region 2, visit our website.
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La EPA extiende el período de comentario público sobre el plan de limpieza propuesto para el Lugar Superfondo The Battery Recycling Company en Arecibo, Puerto Rico
Contacto: Brenda Reyes (Reyes.Brenda@epa.gov), (787)-977-5869
NEW YORK (31 de agosto de 2023) – La Agencia de Protección Ambiental de los Estado Unidos (USEPA, por sus siglas en inglés) extendió el período de comentario público sobre su plan de limpieza propuesto para abordar el suelo contaminado con plomo y el agua subterránea en el Lugar Superfondo The Battery Recycling Company (BRC) en Arecibo, Puerto Rico, hasta el 16 de octubre de 2023. La EPA celebró una reunión pública en Casa Ulanga, Calle Gonzalo Marín #7 el 29 de agosto de 2023, para explicar el plan propuesto al público.
La limpieza descrita en el plan propuesto atenderá el suelo contaminado restante y el agua subterránea dentro y fuera de la propiedad del Lugar. Según el plan propuesto, la EPA eliminará el suelo contaminado que se encuentra fuera y dentro del sitio para su tratamiento y contención. El suelo tratado fuera y dentro del Lugar se almacenaría en un área segura y restringida en la antigua instalación. La EPA también monitoreará las aguas subterráneas y limitará el acceso a éstas a través de leyes y regulaciones existentes en Puerto Rico, al igual que con notificaciones a los gobiernos locales y asegurar que el uso futuro de los terrenos no conflija con las metas de limpieza a largo plazo.
La propiedad principal en el Lugar operaba como una instalación de fundición secundaria de plomo y reciclaje de baterías hasta 2014. Antes de la operación de fundición secundaria de plomo, el Lugar se utilizó para fabricar productos químicos orgánicos para producir ácido fumárico y ácido ftálico. Estas actividades dejaron altos niveles de plomo y otros contaminantes en el suelo y las aguas subterráneas que presentaban un riesgo inmediato para la salud humana. En 2011, la EPA formalizó una orden con BRC. para limpiar las áreas de contaminación por plomo en el Lugar. Sin embargo, cuando la compañía no pudo terminar el trabajo, la EPA se hizo cargo de la limpieza y eliminó la contaminación por plomo de los hogares, vehículos y praderas cerca de los empleados. La EPA también descontaminó la instalación para evitar una mayor propagación del plomo. La EPA agregó el Lugar a la Lista Nacional de Prioridades en 2017 y terminó sus primeras actividades de limpieza en 2022.
Los comentarios escritos sobre el plan propuesto pueden enviarse por correo postal a Zolymar Luna Díaz, gerente de proyectos de recuperación, Agencia de Protección Ambiental de Estados Unidos Región 2, División de Protección Ambiental del Caribe #48 Rd, PR-165 Km 1.2 Citi View Plaza II, Suite 7000 Guaynabo, P.R. 00968-8069, correo electrónico: Luna.Zolymar@epa.gov.
Para obtener información adicional y ver el plan de limpieza propuesto, visite la página de perfil del sitio Superfondo de Battery Recycling Company.
Follow EPA Region 2 on Twitter and visit our Facebook page. For more information about EPA Region 2, visit our website.
23-073 - SP
Wednesday, August 30, 2023
EPA Issues Fuel Waiver to Address Fuel Supply Disruptions in Florida Caused by Hurricane Idalia
EPA Press Office:
EPA Issues Fuel Waiver to Address Fuel Supply Disruptions in Florida Caused by Hurricane Idalia
WASHINGTON (August 29, 2023) –Today, Environmental Protection Agency Administrator Michael Regan issued an emergency fuel waiver to address a fuel supply emergency in Florida caused by Hurricane Idalia.
On August 29, 2023, Governor Ron DeSantis declared a state of emergency in 49 counties to prepare for potentially devastating impacts to multiple population centers throughout the state from Hurricane Idalia. Storm preparations have resulted in the closure of multiple ports in the state that receive fuel and have restricted and interrupted fuel terminal operations, preventing an adequate supply of gasoline. In addition, evacuations—including mandatory evacuations—are straining available supplies. Waiving federal requirements to sell summer gasoline can help address these supply shortages.
The EPA and the Department of Energy (DOE) have been actively monitoring the supply of fuel. The EPA has concluded, with DOE’s concurrence, that it is necessary to waive federal requirements to sell summer gasoline to minimize or prevent the disruption of an adequate supply of gasoline to consumers throughout Florida. This waiver only applies to the federal fuel standards. Regulated parties must continue to comply with any applicable state or local requirements, or restrictions related to this matter, unless waived by the appropriate authorities. The waiver is effective August 30, 2023, and will continue through September 15, 2023.
Federal Clean Air Act regulations require fuel refiners, importers, distributors, resellers, terminal owners and operators, and carriers to switch from selling higher volatility winter gasoline to lower volatility summer gasoline during the summer months to limit the formation of ozone pollution.
To mitigate any impacts on air quality, the Clean Air Act provides strict criteria for when fuel waivers may be granted to help ensure minimal, if any, short term impacts on air quality, including limiting waivers as much as possible in terms of their geographic scope and duration.
As required by law, EPA and DOE evaluated the situation and determined that granting a short-term waiver was consistent with the public interest. EPA and DOE are continuing to actively monitor the fuel supply situation in Florida.
More information: www.epa.gov/enforcement/fuel-waivers
Biden-Harris Administration Announces Availability of $350 Million in Grants to States to Cut Methane Emissions from Oil and Gas Sector
EPA Press Office:
Biden-Harris Administration Announces Availability of $350 Million in Grants to States to Cut Methane Emissions from Oil and Gas Sector
Investment funded by President Biden’s Inflation Reduction Act to help tackle the climate crisis, create good-paying jobs, and cut dangerous air pollution. Financial and technical assistance will support methane emissions reductions and monitoring in cooperation with states
WASHINGTON (Aug. 30, 2023) – In support of President Biden’s Investing in America agenda, the U.S. Environmental Protection Agency (EPA), U.S. Department of Energy (DOE), and DOE’s National Energy Technology Laboratory (NETL) announced today the availability of up to $350 million in formula grant funding to help monitor and reduce methane emissions, one of the biggest drivers of climate change, from the oil and gas sector and for environmental restoration of well sites. The funding, provided by the Inflation Reduction Act, will also help oil and gas well owners, as well as operators of applicable facilities, voluntarily and permanently reduce methane emissions from leaks and daily operations of low-producing conventional wells on non-federal lands. Through the Methane Emissions Reduction Program, EPA and DOE will help reduce inefficiencies of U.S. oil and gas operations, create new jobs in energy communities, and realize near-term emission reductions – helping reach the nation’s ambitious climate and clean air goals.
“Thanks to President Biden’s Investing in America agenda, we now have unprecedented funding to cut methane pollution that is fueling the climate crisis,” said EPA Administrator Michael S. Regan. “This investment will increase competition and help small and medium-sized producers compete on a more level playing field, create new good-paying jobs in energy communities, and support environmental restoration, making clear that strengthening our economy, tackling climate change, and protecting our communities go hand in hand.”
“Methane is a much more potent greenhouse gas than carbon dioxide, so it’s crucial that we work closely with states and industry to develop solutions that will cut emissions at their source,” said U.S. Secretary of Energy Jennifer M. Granholm. “Thanks to President Biden’s Investing in America agenda, DOE’s partnership with EPA will bolster our national efforts to monitor and mitigate methane emissions from the oil and gas sector – our largest source of industrial methane – while helping revitalize energy communities and delivering long-lasting health and environmental benefits across the country.”
This action is the first in a series of funding opportunities through the Inflation Reduction Act that will target monitoring and reduction of methane emissions from the oil and gas sector. EPA and DOE plan to announce competitive funding opportunities following this non-competitive solicitation and have partnered to offer technical assistance to help industry monitor and reduce methane emissions from leaks and daily operations. This combination of technical and financial assistance is expected to help improve efficiency of U.S. oil and gas operations and provide new economic opportunities in energy communities, as well as realize near-term emission reductions.
EPA and DOE are collaborating alongside other members of the new White House Methane Task Force, which is advancing a whole-of-government approach to proactive methane leak detection and data transparency and supporting state and local efforts to mitigate and enforce methane emissions regulations. Today’s actions by EPA and DOE accelerate execution of the U.S. Methane Emissions Reduction Action Plan, building on over 80 Administration actions taken in less than a year since the Plan launched in November 2022.
The deadline for states to apply for this funding opportunity is September 30, 2023 at 5PM ET. For any questions on the application, applicants should submit written questions through the FedConnect portal at FedConnect.net. For any technical issues with grants.gov, please contact grants.gov for assistance at 1-800-518-4726 or support@grants.gov. More information, including applicant eligibility, can be found at grants.gov.
About the Methane Emissions Reduction Program
The Methane Emissions Reduction Program, created by the Inflation Reduction Act, provides $1.55 billion in funding, including financial and technical assistance to improve methane monitoring and reduce methane and other greenhouse gas (GHG) emissions from the oil and gas sector with the co-benefit of reducing non-GHG emissions such as volatile organic compounds and hazardous air pollutants. The program allows financial and technical assistance for a number of activities, including: preparing and submitting greenhouse gas reports, monitoring methane emissions, and reducing methane and other greenhouse gas emissions by improving and deploying equipment, supporting innovation, permanently reducing methane emissions from low-producing conventional wells, mitigating health effects in low-income and disadvantaged communities, improving climate resiliency, supporting environmental restoration, and mitigating legacy air pollution.
Access the funding opportunity.
More information on the Methane Emissions Reduction Program.
Tuesday, August 29, 2023
THURSDAY: EPA, Rep. Jasmine Crockett, City Councilmember Bazaldua to Recognize St. Philip’s School & Community Center Brownfields Grant
USEPA Media Advisory:
THURSDAY: EPA, Rep. Jasmine Crockett, City Councilmember Bazaldua to Recognize St. Philip’s School & Community Center Brownfields Grant
(DALLAS – Aug. 31, 2023) This Thursday, the U.S. Environmental Protection Agency (EPA), Representative Jasmine Crockett (TX-30), and Dallas City Councilmember Adam Bazaldua will announce a Brownfields assessment and cleanup grant for St. Philip’s School and Community Center in South Dallas. Funding for the grant comes from the Bipartisan Infrastructure Law, part of the Biden-Harris Administration’s historic Investing in America agenda.
Members of the media should RSVP to R6Press@epa.gov. Please include your name, media affiliation and contact information.
WHAT: St. Philip’s School and Community Center Grant Presentation
WHERE: The WeCreation Center
3016 Colonial Ave, Dallas, TX
WHEN: Thursday, August 31
3:30 pm
WHO: U.S. EPA Regional Administrator Dr. Earthea Nance
U.S. Rep. Jasmine Crockett (TX-30)
Dallas City Councilmember Adam Bazaldua
Dr. Terry Flowers, Headmaster and Executive Director, St. Philip’s School and Community
Center
# # #
To Conform with Recent Supreme Court Decision, EPA and Army Amend “Waters of the United States” Rule
EPA Press Office:
To Conform with Recent Supreme Court Decision, EPA and Army Amend “Waters of the United States” Rule
WASHINGTON (August 29, 2023) – Today, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) announced a final rule amending the 2023 definition of “waters of the United States” to conform with the recent Supreme Court decision in Sackett v. EPA. The agencies are committed to following the law and implementing the Clean Water Act to deliver the essential protections that safeguard the nation’s waters from pollution and degradation. This action provides the clarity that is needed to advance these goals, while moving forward with infrastructure projects, economic opportunities, and agricultural activities.
“While I am disappointed by the Supreme Court’s decision in the Sackett case, EPA and Army have an obligation to apply this decision alongside our state co-regulators, Tribes, and partners," said EPA Administrator Michael S. Regan. “We’ve moved quickly to finalize amendments to the definition of ‘waters of the United States’ to provide a clear path forward that adheres to the Supreme Court’s ruling. EPA will never waver from our responsibility to ensure clean water for all. Moving forward, we will do everything we can with our existing authorities and resources to help communities, states, and Tribes protect the clean water upon which we all depend.”
“We have worked with EPA to expeditiously develop a rule to incorporate changes required as a result of the Supreme Court’s decision in Sackett,” said Michael L. Connor, Assistant Secretary of the Army for Civil Works. “With this final rule, the Corps can resume issuing approved jurisdictional determinations that were paused in light of the Sackett decision. Moving forward, the Corps will continue to protect and restore the nation’s waters in support of jobs and healthy communities.
While EPA’s and Army’s 2023 rule defining “waters of the United States” was not directly before the Supreme Court, the decision in Sackett made clear that certain aspects of the 2023 rule are invalid. The amendments issued today are limited and change only parts of the 2023 rule that are invalid under the Sackett v. EPA decision. For example, today’s final rule removes the significant nexus test from consideration when identifying tributaries and other waters as federally protected.
The Supreme Court’s Decision in Sackett v. EPA, issued on May 25, 2023, created uncertainty for Clean Water Act implementation. The agencies are issuing this amendment to the 2023 rule expeditiously—three months after the Supreme Court decision—to provide clarity and a path forward consistent with the ruling. With this action, the Army Corps of Engineers will resume issuing all jurisdictional determinations. Because the sole purpose of this rule is to amend specific provisions of the 2023 Rule that are invalid under Sackett, the rule will take effect immediately.
The agencies will work with state, Tribal and local partners to safeguard waters in need of protection following the Sackett v. EPA decision and will continue to use all available tools to protect public health and provide clarity for stakeholders.
The agencies will host a public webinar on September 12, 2023 to provide updates on the definition of “waters of the United States.” For registration information, please visit EPA’s webpage for the amendments rule. The agencies also plan to host listening sessions this fall with co-regulators and stakeholders, focusing on identifying issues that may arise outside this limited rule to conform the definition of “waters of the United States” with the Sackett v. EPA decision.
Learn more about this action on EPA’s “waters of the United States” website.
Background
On January 18, 2023, the agencies published a final rule revising the definition of “waters of the United States”, which became effective on March 20, 2023. On May 25, 2023, the Supreme Court issued a decision in the case of Sackett v. EPA.
The Clean Water Act prohibits the discharge of pollutants from a point source into “navigable waters” unless otherwise authorized under the Act. “Navigable waters” are defined in the Act as “the waters of the United States, including the territorial seas.” Thus, “waters of the United States” is a threshold term establishing the geographic scope of federal jurisdiction under the Clean Water Act. The term “waters of the United States” is not defined by the Act but has been defined by the agencies in regulations since the 1970s and jointly implemented in the agencies’ respective programmatic activities.
Monday, August 28, 2023
Idaho Diesel Parts Companies and Owner Plead Guilty to Selling and Installing Illegal Defeat Devices and Agree to Pay $1 Million
EPA Press Office:
Idaho Diesel Parts Companies and Owner Plead Guilty to Selling and Installing Illegal Defeat Devices and Agree to Pay $1 Million
WASHINGTON (August 24, 2023) – Diesel performance parts retailers GDP Tuning LLC and Custom Auto of Rexburg LLC, dba Gorilla Performance, as well as the companies’ owner Barry Pierce, pleaded guilty to criminal charges today in federal court in Pocatello, Idaho, and agreed to pay a total of $1 million in criminal fines. The companies also agreed to implement compliance programs and to not manufacture, sell or install any device that defeats a vehicle’s emissions controls.
GDP Tuning pleaded guilty to an information charging it with conspiracy to violate the Clean Air Act (CAA). Gorilla Performance and Pierce pleaded guilty to an information charging them with violating the CAA by tampering with the monitoring device of an emissions control system of a diesel truck. Under the plea agreement, the companies and Pierce agree to pay a $1 million criminal fine. Pierce also faces up to two years in prison.
“Nearly a decade after EPA began cracking down on illegal defeat devices that violate the Clean Air Act, there is no excuse for companies to be continuing to cheat on vehicle emissions and putting the health of the environment and our communities at risk,” said Assistant Administrator David M. Uhlmann of the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance. “EPA will continue to pursue criminal charges against companies like Gorilla Performance, which broke the law brazenly and repeatedly, until this egregious criminal activity comes to a stop once and for all.”
“Tampering with vehicles’ on-board diagnostic devices isn’t just a violation of federal law – it’s a major health hazard,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “People are harmed as a direct consequence of the many air pollutants that would be removed by emissions controls systems absent the illegal tampering. We have made progress in curbing harmful emissions, but that progress is undermined by sellers and distributors of defeat devices. We are committed to enforcing the Clean Air Act and holding accountable businesses and individuals that violate federal law.”
“The defendants in this case purposefully violated laws that protect air quality and the overall quality of life for Idahoans, especially vulnerable populations such as children, the elderly and those who suffer from respiratory conditions,” said U.S. Attorney Josh Hurwit for the District of Idaho. “My office will continue to partner with law enforcement agencies to prosecute those who seek illegal profits at the expense the public’s health and our shared environment.”
According to court documents, GDP Tuning conspired with Pierce and others to violate the CAA by purchasing and selling tens of thousands of tuning devices and accompanying software which, when used together, tampered with vehicles’ on-board diagnostic (OBD) systems. OBDs normally detect any removal and malfunction of a vehicle’s emissions control equipment and record a diagnostic trouble code which will illuminate a vehicle’s “check engine light.” If the malfunction is not remedied, some vehicles can go into “limp mode,” where the maximum speed is limited to 5 mph as an incentive to have the vehicle repaired.
GDP Tuning bought and sold devices and software that allowed customers to reprogram or “tune” a vehicle’s OBD. This reprogramming tampers with emissions monitoring built into the diagnostic system and allows removal of the vehicle’s emissions control equipment without detection by the OBD. Removing a vehicle’s emissions controls is typically referred to as a “delete” and is accompanied by a “delete tune.”
In addition to GDP Tuning’s national wholesale operation, Gorilla Performance and Pierce operated a retail shop and auto repair facility in Rexburg, Idaho, where customers’ trucks were deleted and tuned.
Diesel exhaust contains a variety of air pollutants, such as particulate matter (PM), nitrogen oxides (NOx), carbon monoxide and non-methane hydrocarbons, among other hazardous air pollutants. Factory-standard emissions control equipment dramatically reduces these emissions.
Deleting a diesel truck causes its emissions to increase dramatically. For a fully deleted truck with all emissions equipment removed, EPA testing has quantified the increased emissions as follows: NOx increased 310 times, non-methane hydrocarbons increased 1,400 times, carbon monoxide increased 120 times and PM increased 40 times. EPA’s Air Enforcement Division released a report in November 2020 finding that more than 500,000 diesel pickup trucks in the United States – approximately 15% of U.S. diesel trucks that were originally certified with emissions controls – have been illegally deleted.
Diesel emissions contain multiple hazardous compounds that harm human health and the environment. Diesel emissions have been found to cause and worsen respiratory ailments such as asthma and lung cancer. One study found that 21,000 American deaths annually are attributable to diesel particulate matter. Additionally, exposure to polluted air in utero has been associated with a host of problems with lifelong ramifications including low birth weight, preterm birth, autism, asthma and brain and memory disorders.
Sentencing is scheduled for Nov. 8 before U.S. District Court Judge B. Lynn Winmill for the District of Idaho. Though the corporate defendants agreed to pay $1 million in criminal fines under the plea agreements, they face a maximum fine per count of $500,000 or twice the gross pecuniary gain derived from the offense, and Pierce faces up to two years in prison. The defendants’ sentences will be determined at the discretion of the court after application of statutory factors and the Federal Sentencing Guidelines, which consider a number of variables.
The criminal case stemmed from an investigation by the EPA’s Criminal Investigation Division. U.S. Attorney Josh Hurwit for the District of Idaho, Senior Trial Attorney Cassandra Barnum of the Environment and Natural Resources' Environmental Crimes Section and EPA Regional Criminal Enforcement Counsel Karla Perrin are prosecuting the case.
Stopping the manufacture, sale and installation of illegal delete devices is a priority for EPA. To learn more, visit www.epa.gov/enforcement/national-compliance-initiative-stopping-aftermarket-defeat-devices-vehicles-and-engines.
Contact Information: EPA Press Office (press@epa.gov)
EPA Cracks Down on Companies in Washington, Oregon, California, and New Jersey for Selling Illegal Auto Parts that Avoid Pollution Controls
EPA Press Office:
EPA Cracks Down on Companies in Washington, Oregon, California, and New Jersey for Selling Illegal Auto Parts that Avoid Pollution Controls
SAN FRANCISCO – The U.S. Environmental Protection Agency (EPA) announced a series of settlements today with companies based in California, New Jersey, Oregon, and Washington state that had illegally sold “defeat device” products throughout the United States that altered vehicle emissions control systems. These products are designed to “defeat” emissions controls, enabling increased emissions of nitrogen oxides (NOx) and particulate matter, both of which contribute to serious public health issues. Distribution and sale of defeat devices are violations of the Clean Air Act.
“Defeat devices enable more air pollution from vehicles to the detriment of Americans’ health, and EPA is vigilant about holding accountable the entities that sell these illegal products,” said Pacific Southwest Regional Administrator Martha Guzman. “These settlements demonstrate EPA’s commitment to enforcing critical environmental laws that protect clean air and public health.”
Settlement information:
- Diamond Eye Manufacturing, Inc. (Athena, Ore.) sold 33,134 parts between 2017 and 2019 that allowed for the removal of a vehicle’s emission control components. As conditions of a settlement with EPA, Diamond Eye confirmed that it has destroyed its inventory of illegal parts and notified its customers of the settlement and that the company no longer provides technical support or honors warranty claims for the illegal parts. The company will post on its website for eight weeks an announcement of the settlement and pay a $265,000 penalty.
- Competition Specialties, Inc. (Auburn, Wash.) sold 227 parts or components between 2018 and 2020 that allowed for the removal of a vehicle’s emission control components. The company paid a penalty of $225,368.
- Maxon Auto Corp. (Chino, Calif.) sold 867 parts or components between 2018 and 2021 that allowed for the removal of a vehicle’s emission control components. The company paid a penalty of $120,000.
- Maxon Performance Parts Corp. (Pennsauken, N.J.) sold 148 parts or components between 2019 and 2021 that allowed for the removal of a vehicle’s emission control components. The company paid a penalty of $30,000.
- Remus Technology, Inc. (Emeryville, Calif.) sold over 900 aftermarket exhaust systems for motor vehicles from 2017 to 2018 that required the removal of catalytic converters. The company paid a $40,000 penalty.
- SHJY Trading Corp. (Walnut, Calif.) sold 1,547 parts or components between 2018 and 2021 that allowed for the removal of a vehicle’s emission control components. The company paid a penalty of $15,000.
- WX Trading Corp. (Walnut, Calif.) sold 1,391 parts or components between 2018 and 2021 that allowed for the removal of a vehicle’s emission control components. The company paid a penalty of $15,000.
Except for Competition Specialties, Inc., the companies each paid or will pay a reduced penalty because of a demonstrated inability to pay a higher amount.
Stopping the sale of aftermarket defeat devices for vehicles and engines is one of EPA’s National Enforcement and Compliance Initiatives. According to a study by EPA’s Office of Enforcement and Compliance Assurance, known sales of defeat devices for certain diesel trucks after 2009 and before 2020 resulted in more than 570,000 tons of excess NOx and 5,000 tons of excess particulate matter over the lifetime of the trucks.
The Clean Air Act authorizes the EPA to set standards for emissions from a variety of types of vehicles and engines. Required emission controls often include filters and catalysts installed in the vehicles or engines’ exhaust systems, as well as calibrations that manage fueling strategy and other operations in the engines themselves. Federal law prohibits tampering with emissions controls, as well as manufacturing, selling, and installing aftermarket devices intended to defeat those controls.
The EPA has found numerous companies and individuals that have manufactured and sold both hardware and software specifically designed to defeat required emissions controls on vehicles and engines used on public roads as well as on nonroad vehicles and engines. Illegally modified vehicles and engines contribute substantial excess pollution that harms public health and impedes efforts by the EPA, tribes, states, and local agencies to plan for and attain air quality standards.
On August 1, Roseville, Calif.-based Sinister Mfg. Company, Inc., pleaded guilty to criminal charges in federal court in Sacramento, California, and agreed to pay a total of $1 million in criminal fines and civil penalties. The company also agreed to implement a compliance program and to not manufacture, sell or install any device that defeats a vehicle’s emissions controls. Additionally, an official for Fiat Chrysler corporation pled guilty to conspiring to violate the Clean Air Act by misrepresenting information on vehicle emissions, fuel efficiency and compliance with U.S. emission standards.
Read more information about EPA’s work to stop the sale of defeat devices.
Contact Information
Joshua Alexander (alexander.joshua@epa.gov)
415-214-5940
EPA awards Portland State University over $640,000 for research
EPA Press Office:
EPA awards Portland State University over $640,000 for research
SEATTLE (August 24, 2023) — The U.S. Environmental Protection Agency has awarded Portland State University $649,492 to understand the environmental justice impacts of renewable energy storage infrastructure.
“As our energy systems rapidly shift toward renewables, it is critical that we better understand the environmental justice implications of this transition,” said EPA Region 10 Administrator Casey Sixkiller. “Portland State University’s community-engaged research will help fill this knowledge gap and ensure that decision making regarding the energy transition is more attentive to environmental justice and community concerns.”
Energy storage systems for renewable energy, such as batteries and pumped hydropower, have significant impacts at each stage of the systems’ life cycles.
This research takes a community-engaged approach to deepen the understanding of how renewable energy transitions can benefit underserved communities. Specifically, researchers will engage with communities in the western U.S. through interviews, community-engaged workshops, and other forums to explore the environmental justice impacts of renewable energy storage infrastructure across the system's life cycles. The project will also strengthen community capacity.
Portland State University is one of 11 institutions nationwide to receive a total of $11 million in grant funding to address the drivers and environmental impacts of energy transitions in underserved and Tribal communities.
Learn more about Portland State University’s research and the other funded grant recipients.
Contact: EPA Region 10 Public Affairs Office, r10_press_team@epa.gov
EPA and Hershey together commit $2 Million to Land O’Lakes Member Dairy Farms in PA
EPA Press Office:
EPA and Hershey together commit $2 Million to Land O’Lakes Member Dairy Farms in PA
Funds will support clean water, climate, and sustainable farming initiatives
WASHINGTON BORO, PA - August 22, 2023 - The United States Environmental Protection Agency (EPA) and The Hershey Company (Hershey) announced today the joint commitment of $2 million to support local dairy farmers. The Alliance for the Chesapeake Bay (Alliance), in collaboration with Land O’Lakes, Inc., will use funds to promote the adoption of practices that support local and regional environmental goals with dairy farmers in Land O’Lakes’ eastern region milk shed.
The Alliance, Hershey, and Land O’Lakes have been working together since 2021 on an initiative called “Sustainable Dairy PA.” The initiative takes a collaborative, industry-led, and public sector-supported approach to accelerate on-farm conservation efforts for local eastern region dairy farmers.
The $2 million in funding is part of a commitment between the EPA and Hershey. These funds, $1 million of which will be funded by the EPA and a matching $1 million of which will be committed from Hershey, will be used to support the Alliance and Land O’Lakes in implementing agricultural conservation practices on Land O’Lakes member dairy farms. The National Fish and Wildlife Foundation (NFWF) will administer the portion of the funds provided from EPA to the Alliance.
“Dairy farmers are critical to our supply chain and our local communities,” said Leigh Horner, Chief Sustainability Officer, The Hershey Company. “We are proud to support the work of Sustainable Dairy PA and the farmers participating as they drive meaningful impact on clean water and conservation efforts to protect the Chesapeake Bay.”
As a key partner and funder in this work, EPA understands the need to support corporate initiatives like these. The Alliance has been developing agriculture supply chain programs since 2018, leveraging approximately $16M in public and private funding to assist over 150 farmers. Dairy farming is an essential component of the economy and a source of wholesome local food. Supporting farmers with funding and expertise to help them improve water quality and reduce the environmental impacts of dairy farms is essential. These practices also help improve the long-term sustainability of the farms with the goal of improving soil health and the overall efficiency of the operations.
"EPA's funding commitment to Hershey, Land O'Lakes, and the Alliance for the Chesapeake Bay brings $2 million of much-needed support to Pennsylvania dairy farmers to scale up conservation practices that are good for our farms, climate, local streams, and the Bay." said EPA Regional Administrator Adam Ortiz. "With this funding, we are not only investing in the current environment, but into the long term viability of Pennsylvania farmers - our frontline environmentalists."
Thanks to prior funding provided by EPA, NFWF, the Natural Resources Conservation Service (NRCS), and the Pennsylvania Department of Conservation and Natural Resources (DCNR), the Alliance has created a model that local companies are now adopting in an effort to increase sustainability in their dairy supply chain and help bring cleaner water back to their communities.
“American farmers continually rise to the challenge of feeding a growing global population in an increasingly sustainable and efficient manner,” said Tim Leviny, Land O’Lakes Senior Vice President of Global Dairy Ingredients & International. “Collaborative initiatives like Sustainable Dairy PA provide the necessary incentives to drive voluntary practice changes that not only help contribute to the health of the planet, but also help better position farmers for success in a challenging operating environment.”
As a cooperative, and largely enabled by their ag sustainability businesses Truterra, Land O’Lakes has taken a leadership position in on-farm sustainability by helping customers achieve their environmental goals, while keeping farmer profitability at the forefront. The collaboration at the heart of this work brings significant funding, technical support, and incentives to help farmers prioritize conservation while navigating difficult dairy market conditions.
“Hershey’s, EPA’s, and Land O’Lakes’ leadership to support our Pennsylvania dairy farmers and local ecosystems is revolutionary.” said Jenna Mitchell Beckett, Agriculture Program Director at the Alliance for the Chesapeake Bay. “This effort is helping to create a paradigm shift in which an entire supply chain works together to support work on the ground rather than farmers being expected to carry the load alone. We believe this model is the future of how we will overcome the environmental hurdles we face.”
Atlantic Richfield Company Agrees to $2.2 Million Cleanup at ACM Smelter and Refinery Superfund Site in Montana
EPA Press Office:
Atlantic Richfield Company Agrees to $2.2 Million Cleanup at ACM Smelter and Refinery Superfund Site in Montana
Great Falls, Mont. (August 22, 2023) — The Atlantic Richfield Company and ARCO Environmental Remediation, L.L.C. (collectively, Atlantic Richfield) have agreed to the cleanup of community soils—including both residential and non-residential yards and soil affected by the refinery’s operations—at the ACM Smelter and Refinery Superfund Site (Site) in Black Eagle, Montana, the U.S. Environmental Protection Agency (EPA) announced today. Under the proposed consent decree, Atlantic Richfield is required to pay for past response costs and implement a multi-million-dollar cleanup for community soils at the Site.
“This proposed consent decree between EPA and the Atlantic Richfield Company represents a new chapter in the effort to protect human health and the environment in the community of Black Eagle,” said EPA Regional Administrator KC Becker. “I applaud those who worked diligently to obtain this agreement, which will address decades of soil contamination and provide a safer, more healthful environment for generations to come.”
The former copper concentrating and smelting facility, referred to as the Great Falls Refinery, operated for nearly 80 years near the unincorporated community of Black Eagle. The smelter and refinery’s operations produced large quantities of slag, tailings, flue dust and other smelter and refinery wastes containing lead, arsenic and other metals that contaminated soil, groundwater and surface water resources at the Site. EPA placed the Site on the Superfund National Priority List in March 2011.
The proposed consent decree requires Atlantic Richfield to implement remedial design and remedial action in the community soils portion of one of the Site’s three operable units, OU1, at an estimated cost of $2,286,000 and pay $464,475.12 for past response costs incurred by EPA through September 30, 2022.
“I am pleased that the EPA and the Atlantic Richfield Company have reached this agreement to clean up contamination from the decades-long operation of the former smelter and refinery in Black Eagle,” said U.S. Attorney Jesse Laslovich for the District of Montana. “I am hopeful that this consent decree will restore the natural resources and lead to a healthier and safer environment for the people of Great Falls.”
"This is an exciting milestone for the cleanup in Black Eagle," said Amy Steinmetz, waste management and remediation division administrator for the Montana Department of Environmental Quality (MDEQ). "MDEQ looks forward to working with the EPA and Atlantic Richfield, on behalf of Montanans, as the cleanup in Black Eagle and at the former smelter and refinery site move forward."
The consent decree filed today in U.S. District Court in Great Falls, Montana, is subject to a 30-day public comment period and approval by the federal court. A copy of the consent decree is available on the Justice Department’s website
Under Montana state law, the Department of Environmental Quality is separately required to put the proposed consent decree out for public comment, which will be available on DEQ’s website. The state’s public comment period will run concurrently with the federal public comment period.
Information about operable units, past time-critical cleanup efforts, and the Site’s history is available on the EPA Superfund site page.
EPA deletes portion of Eagle Mine Superfund site in Colorado from National Priorities List
EPA Press Office:
EPA deletes portion of Eagle Mine Superfund site in Colorado from National Priorities List
Cleanup milestone reflects Superfund progress in securing healthier communities
Contact: Charles Van Otten, vanotten.charles@epa.gov, 720-245-1486
Minturn, Colo. (August 21, 2023) -- Today, the U.S. Environmental Protection Agency (EPA) announced the deletion of a portion of the Eagle Mine Superfund site in Minturn, Colorado, from the National Priorities List (NPL), benefitting the environment, nearby communities and the people of Colorado. The deleted portion of the site consists of 5.31 acres of soils at what is known as Operable Unit 3 North Property Redevelopment: Trestle Area.
“This partial deletion of the Eagle Mine Superfund site reflects the cooperation between EPA, Colorado, the community and private industry to secure the site and protect human health and the environment,” said EPA Regional Administrator KC Becker. “EPA will conduct five-year reviews at the property to ensure the remedies in place remain protective.”
EPA and the Colorado Department of Public Health and Environment (CDPHE) have determined all appropriate response actions under the Comprehensive Environmental Response, Compensation, and Liability Act, or the Superfund law, have been completed. Institutional controls to prevent activities that could lead to exposure to contamination will remain in place on the property. These site controls and use restrictions are in effect under the State Environmental Covenant Statute and will ensure the long-term protectiveness of cleanup and response actions.
Remaining portions of Operable Unit 3 are not currently eligible for deletion from the NPL. EPA and CDPHE will continue to monitor, evaluate and ensure the protectiveness of completed actions through operations and maintenance activities, including annual inspections and five-year reviews.
For more information about the Eagle Mine Superfund site, visit the EPA Eagle Mine webpage and the Partial Deletion Justification. Additional information about EPA’s NPL deletions and information about these and other NPL sites are available online.
EPA Initiates New Review of the Ozone National Ambient Air Quality Standards to Reflect the Latest Science
EPA Press Office:
EPA Initiates New Review of the Ozone National Ambient Air Quality Standards to Reflect the Latest Science
WASHINGTON (August 21, 2023) – Today, the Environmental Protection Agency (EPA) announced a new review of the Ozone National Ambient Air Quality Standards (NAAQS) to ensure the standards reflect the most current, relevant science and protect people’s health from these harmful pollutants. EPA Administrator Michael Regan reached this decision after carefully considering advice provided by the independent Clean Air Scientific Advisory Committee (CASAC). In October 2021, EPA announced a reconsideration of the previous Administration’s decision to retain the NAAQS for ozone. EPA is incorporating the ongoing reconsideration into the review announced today and will consider the advice and recommendations of the CASAC in that review. The Agency will move swiftly to execute this new review of the underlying science and the standards – prioritizing transparency, scientific integrity, inclusive public engagement, and environmental justice.
“After carefully reviewing the advice of the independent scientific panel, I am convinced that a full and complete review of the ozone NAAQS is warranted to ensure a thorough and transparent assessment of the latest science,” said EPA Administrator Michael S. Regan. “From the start, I committed that EPA will uphold the integrity of independent, robust processes to ensure that air quality standards reflect the latest science in order to best protect people from pollution. As we initiate a new review, EPA will continue to work closely with our partners at the state, tribal and local levels to fully implement the existing standards, consistent with our Clean Air Act obligations.”
Exposure to ground-level ozone can cause respiratory issues, aggravate asthma and other lung diseases, and may lead to missed days of work or school, emergency room visits, and premature deaths. These costly public health impacts can be especially harmful to children and older adults, disproportionately affecting people of color, families with low-incomes, and other vulnerable populations.
Nationally, due in part to strong EPA emission standards that reduce air pollution, ozone air quality is improving. Between 2010 and 2022, national average ozone air quality concentrations have dropped 7 percent. In many of the areas designated as not meeting the current 2015 standards, work remains. To continue progress in reducing ozone, EPA has initiated important regulatory actions including strong new federal emissions standards for cars and trucks and strengthening rules to reduce pollution from the oil and natural gas industry – a leading source of ozone forming volatile organic compounds. Taken together, the projected benefits of these and other actions addressing industrial and power sector emissions, such as with the Good Neighbor Plan, would cut emissions of ozone precursors by hundreds of thousands of tons with estimated health benefits adding up to billions of dollars.
The new review will allow EPA to consider fully the information about the latest ozone science and potential implications for the ozone NAAQS provided by the CASAC and the Ozone Review Panel. EPA will conduct the review according to well-established best practices and processes that embrace scientific integrity and the role of the public to provide input at multiple steps along the way.
Concrete, transparent and public next steps include:
- Issuing a call for information in the Federal Register in the next few days;
- convening a public science and policy workshop in spring 2024 to gather input from the scientific community and the public;
- in summer 2024, EPA will summarize the proceedings of the workshop to consider how the information gathered can be used to inform the next review, including specific areas of science that warrant particular focus and analytic enhancements;
- in fall 2024 the agency plans to release its Integrated Review Plan, Volume 2 to guide CASAC consideration and development of the Integrated Science Assessment.
EPA established the current standards at a level of 70 parts per billion in 2015 and retained them in 2020, after concluding that there was little new information to suggest the need for revision. The CASAC, however, has identified studies published more recently and also recommended that EPA conduct additional risk analyses that might support more stringent standards. EPA has determined that incorporating the ongoing reconsideration into a new review will best ensure full consideration of this new information and advice.
More information about ground-level ozone and the most recent review of the ozone NAAQS