EPA requires seven Kauai cesspools to be closed to protect groundwater, fines Hawai‘i DLNR again

 U.S. EPA News Release:

EPA requires seven Kauai cesspools to be closed to protect groundwater, fines Hawai‘i DLNR again

Four EPA enforcement actions against Hawai‘i DLNR have closed 74 cesspools, collected $407,400 in fines

HONOLULU – The U.S. Environmental Protection Agency (EPA) has taken enforcement action on Kauai to direct the closure of seven large-capacity cesspools (LCCs) and collect $221,670 in fines from the Hawai‘i Department of Land and Natural Resources (DLNR). In 2005 EPA banned LCCs, which can pollute water resources, under the Safe Drinking Water Act.

“EPA has taken several actions against Hawai’i DLNR and encouraged them to conduct an audit of all remaining properties to identify any remaining illegal large capacity cesspools to prevent future fines,” said EPA Pacific Southwest Regional Director of Enforcement and Compliance Assurance Amy Miller. “Large-capacity cesspools can contaminate our groundwater, streams and ocean resources. EPA will continue efforts to identify, fine and close all remaining LCCs in Hawaii.”

EPA is authorized to issue compliance orders and/or assess penalties to violators of the Safe Drinking Water Act’s LCC regulations. EPA’s enforcement action to close LCCs owned by DLNR is based on an August 2019 inspection and additional submitted information. The enforcement action includes the following DLNR properties:

• Camp Hale Koa: Located in the Kokee Mountain State Park, EPA found three LCCs associated with the campgrounds. A non-profit organization leases the property from DLNR and operates the land parcel as a camping property that is available for daily or weekly group camping. These cesspools have been closed.
• Waineke Cabins: Also located in the Kokee Mountain State Park, EPA found two LCCs serving the cabins. The United Church of Christ, under its Hawaii Conference Foundation body, leases the property from DLNR and operates the land parcel as a group camping property. These cesspools have been closed.
• Kukui Street commercial property: Located in the town of Kapaʻa, EPA discovered two LCCs serving 4569 Kukui Street. aFein Holdings, LLC, leases the property from DLNR and operates the land parcel as a multi-tenant commercial property. The Kukui property must close the cesspool by June 30, 2022.

Since the 2005 LCC ban, more than 3,600 LCCs in Hawaii have been closed; however, many hundreds remain in operation. Cesspools collect and release untreated raw sewage into the ground, where disease-causing pathogens and harmful chemicals can contaminate groundwater, streams, and the ocean. Groundwater provides 95% of all local water supply in Hawaii, where cesspools are used more widely than in any other state.

To encourage regulated entities to voluntarily find, promptly disclose, and expeditiously close LCCs, EPA may provide penalty mitigation and other incentives for organizations that disclose, correct, and prevent violations. Information on how to self-disclose potential large-capacity cesspool violations is available at: https://www.epa.gov/compliance/epas-edisclosure.

For more information on the large-capacity cesspool ban and definition of a large-capacity cesspool, please visit: http://www.epa.gov/uic/cesspools-hawaii.

For more information on this agreement visit: https://www.epa.gov/hi/proposed-settlement-safe-drinking-water-act-administrative-penalty-state-hawaii-department-land.

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

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 U.S. EPA News Release:

EPA Announces Availability of Up to $6 Million in Annual Environmental Justice Grants

Contact Information: EPA Press Office (press@epa.gov)

DALLAS (March 3, 2021) - The U.S. Environmental Protection Agency (EPA) has announced the availability of up to $6 million in grant funding under The Environmental Justice Collaborative Problem-Solving (EJCPS) Cooperative Agreement Program and The Environmental Justice Small Grants (EJSG) Program.

"These grants are crucial to supporting vulnerable and overburdened communities disproportionately affected by environmental health risks," said Office of Environmental Justice Director Matthew Tejada. "With renewed leadership to address environmental justice under the Biden-Harris Administration, we are excited to support community efforts to address historically challenging issues."

EPA will be giving special consideration to the following focus areas:

• Addressing COVID-19 concerns faced by low-income communities and communities of color
• Climate Change and Natural Disaster Resiliency outreach and planning
• New applicants to either opportunity
• Ports Initiative to assist people living and working near ports across the country
• Small non-profits

The EJCPS Cooperative Agreement Program's total estimated funding for this opportunity is approximately $3,200,000. EPA anticipates awarding two cooperative agreements of $160,000 each within each of the 10 EPA Regions. To learn more about pre-application assistance calls and how to apply for funding, please visit: https://www.epa.gov/environmental-justice/environmental-justice-collaborative-problem-solving-cooperative-agreement-0.

The EJSG Program estimates approximately $2,800,000 will be awarded to approximately five applications per EPA region in amounts of up to $50,000 per award. This includes the EPA's Ports Initiative program which anticipates funding up to six additional projects that address clean air issues at coastal and inland ports or rail yards. To learn more about pre-application assistance calls and how to apply for funding, please visit: https://www.epa.gov/environmentaljustice/environmental-justice-small-grants-program.

Applicants interested in either opportunity must submit proposal packages on or before May 7, 2021 to be considered for the available funding. Applicants should plan for projects to begin on October 1, 2021.

For more information on environmental justice grants, funding, and technical assistance: https://www.epa.gov/environmentaljustice/environmental-justice-grants-funding-and-technical-assistance.

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Hazardous waste violations at UCT facility in Bristol, Pa. result in $44,880 penalty

 U.S. EPA News Release:

Hazardous waste violations at UCT facility in Bristol, Pa.
result in $44,880 penalty

PHILADELPHIA (March 3, 2021) – Chemical manufacturer UCT will pay a $44,880 penalty to settle hazardous waste violations at its Bristol, Pennsylvania, facility, the U.S. Environmental Protection Agency announced today.

EPA cited the company for violating the Resource Conservation and Recovery Act (RCRA), the federal law governing the treatment, storage, and disposal of hazardous waste. RCRA is designed to protect public health and the environment and avoid long and extensive cleanups, by requiring the safe, environmentally sound storage and disposal of hazardous waste.

UCT manufactures a variety of chemical products at its facility at 2731 Bartram Road in Bristol. These include solid phase extraction products for hospitals, clinical and toxicology labs, food safety testing labs, pharmaceutical and biotech companies, and environmental testing facilities; and silane/silicone products used in the glass and fiber optic industries, medical device, cosmetics, paints and coatings, adhesives and electronics industries.

According to EPA, the company violated RCRA rules including storing hazardous waste for more than 90 days without a permit, failure to properly mark hazardous waste containers, failure to keep hazardous waste containers closed, failure to make waste determinations and failure to provide annual RCRA training.

The settlement reflects the company’s compliance efforts, and its cooperation with EPA in the investigation and resolution of this matter. As part of the settlement, the company has certified its compliance with applicable RCRA requirements.

For more information about EPA’s hazardous waste program, visit https://www.epa.gov/hw

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EPA Announces Availability of Up to $6 Million in Annual Environmental Justice Grants

 U.S. EPA News Release:

EPA Announces Availability of Up to $6 Million in Annual Environmental Justice Grants

WASHINGTON (March 2, 2021) – The U.S. Environmental Protection Agency (EPA) has announced the availability of up to $6 million in grant funding under The Environmental Justice Collaborative Problem-Solving (EJCPS) Cooperative Agreement Program and The Environmental Justice Small Grants (EJSG) Program.

“These grants are crucial to supporting vulnerable and overburdened communities disproportionately affected by environmental health risks,” said Office of Environmental Justice Director Matthew Tejada. “With renewed leadership to address environmental justice under the Biden-Harris Administration, we are excited to support community efforts to address historically challenging issues.”

EPA will be giving special consideration to the following focus areas:

• Addressing COVID-19 concerns faced by low-income communities and communities of color 
• Climate Change and Natural Disaster Resiliency outreach and planning
• New applicants to either opportunity
• Ports Initiative to assist people living and working near ports across the country
• Small non-profits

The EJCPS Cooperative Agreement Program’s total estimated funding for this opportunity is approximately $3,200,000. EPA anticipates awarding two cooperative agreements of $160,000 each within each of the 10 EPA Regions. To learn more about pre-application assistance calls and how to apply for funding, please visit: https://www.epa.gov/environmental-justice/environmental-justice-collaborative-problem-solving-cooperative-agreement-0.

The EJSG Program estimates approximately $2,800,000 will be awarded to approximately five applications per EPA region in amounts of up to $50,000 per award. This includes the EPA’s Ports Initiative program which anticipates funding up to six additional projects that address clean air issues at coastal and inland ports or rail yards. To learn more about pre-application assistance calls and how to apply for funding, please visit: https://www.epa.gov/environmentaljustice/environmental-justice-small-grants-program.

Applicants interested in either opportunity must submit proposal packages on or before May 7, 2021 to be considered for the available funding. Applicants should plan for projects to begin on October 1, 2021.

Major chemical distributor to pay fine, correct violations under settlement with U.S. EPA

 U.S. EPA News Release:

Major chemical distributor to pay fine, correct violations under settlement with U.S. EPA

Brenntag Pacific, Inc. had violated Toxic Substances Control Act

SAN FRANCISCO – Today, the U.S. Environmental Protection Agency announced it has reached a settlement agreement with Brenntag Pacific, Inc. for violations of the Toxic Substances Control Act (TSCA). Brenntag Pacific, Inc. has corrected the violations and will pay a $128,265 fine. 

The violations were discovered following inspections at Brenntag Pacific, Inc. facilities in Fairbanks, Alaska and in Santa Fe Springs, Calif. EPA inspectors found the company failed to submit accurate and timely reports and notification associated with the import and export of nine chemicals. 

“It is essential that chemical importers report the quantity of chemicals they are bringing in to the U.S., so that EPA can properly evaluate the risks of these chemicals to communities and the environment,” said Amy Miller, EPA Pacific Southwest Regional Director of Enforcement and Compliance Assurance. “Companies that do not comply will face significant Toxic Substance Control Act penalties.”

Between 2012 and 2015, Brenntag Pacific, Inc. failed to properly report the import production volumes and uses of five chemicals as required by the 2016 Chemical Data Reporting Rule. In addition, the company failed to produce first-time export notices for four chemicals between 2016 and 2017. Under the Toxic Substances Control Act, chemical importers and manufacturers are required to submit Chemical Data Reporting information to EPA every four years. EPA uses this data to track the chemicals being imported into the country and to assess the potential human health and environmental effects of these chemicals. In addition, EPA makes the non-confidential business information it receives available to the public. 

The quadrennial chemical data reports for 2016 – 2019 were due from industry last month. For information about the Chemical Data Reporting under TSCA, please visit the TSCA Chemical Data Reporting at https://www.epa.gov/chemical-data-reporting

To find out if a specific chemical is on the TSCA chemical substance inventory, please visit the Substance Registry Services at https://sor.epa.gov/sor_internet/registry/substreg/LandingPage.do

For more information on TSCA chemical requirements, please visit www.epa.gov/laws-regulations/summary-toxic-substances-control-act

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EPA issues summary of recent Safe Drinking Water Act compliance orders to protect public health in Region 8 Indian country

 U.S. EPA News Release:

EPA issues summary of recent Safe Drinking Water Act compliance orders to protect public health in Region 8 Indian country

Seven Administrative Compliance Orders issued to tribal water systems since December 2020

DENVER (March 2, 2021) - Today the U.S. Environmental Protection Agency (EPA), Region 8, announced it entered into seven Safe Drinking Water Act (SDWA) Administrative Orders on Consent (AOCs) with its tribal partners between December 1, 2020 – February 12, 2021. Tribally owned or operated drinking water systems agreed to these AOCs to address violations of the National Primary Drinking Water Regulations to ensure public health protection in Indian country.

“Public drinking water systems must meet federal Safe Drinking Water Act requirements that keep drinking water safe,” said EPA Acting Regional Administrator Deb Thomas. “Through these seven orders, EPA is helping ensure that public water systems in Indian country protect the health of their users.”

These AOCs illustrate substantial collaboration between EPA and the Tribes and Tribal utilities.  The consensual agreements memorialize enforceable steps, and specific time frames, for drinking water systems to come into compliance with drinking water regulations.  They demonstrate EPA and the Tribes’ prioritization of safe drinking water in Indian country.

Prior to negotiating the AOCs, EPA provided the systems extensive compliance assistance. EPA’s compliance assistance varies depending on the needs of each system, but often includes support by phone calls and emails, as well as visits from technical assistance providers.

The seven orders address different violations at each facility and include monitoring violations and violations related to addressing significant deficiencies; failure to notify the public of violations; and failure to prepare and distribute a Consumer Confidence Report to the systems’ customers. EPA continues to work with these systems to address violations of drinking water regulations and ensure public health protection.

Safe Drinking Water Act 1414 negotiated orders were finalized for the following systems: 

Bedrock-Babb Water System; Blackfeet Indian Reservation, MT. Order finalized with the Blackfeet Tribe regarding the Bedrock-Babb Water System’s uncorrected significant deficiencies and sanitary defect; failure to certify that an annual Consumer Confidence Report was distributed to its customers; failure to notify the public of certain violations; and failure to monitor for lead, copper, and total coliform bacteria.

Blackfoot Public Water System; Blackfeet Indian Reservation, MT. Order finalized with the Blackfeet Tribe regarding the Blackfoot Public Water System’s uncorrected significant deficiencies and sanitary defect; failure to deliver the consumer notification of the lead sample results to the persons served at each sample site and submit to EPA a sample copy of the notification; failure to certify that an annual Consumer Confidence Report was distributed to its customers; failure to notify the public of certain violations; and failure to monitor for total coliform bacteria.

Starr School Public Water System; Blackfeet Indian Reservation, MT. Order finalized with the Blackfeet Tribe regarding the Starr School Public Water System’s uncorrected significant deficiencies; failure to certify that an annual Consumer Confidence Report was distributed to its customers; failure to notify the public of certain violations; and failure to monitor for lead, copper, and total coliform bacteria.

Heart Butte Public Water System; Blackfeet Indian Reservation, MT. Order finalized with the Blackfeet Tribe regarding the Heart Butte Public Water System’s uncorrected significant deficiencies; failure to certify that an annual Consumer Confidence Report was distributed to its customers; failure to notify the public of certain violations; and failure to monitor for lead, copper, and total coliform bacteria.

Arapahoe Industrial Park Public Water System; within the exterior boundaries of the Wind River Reservation, WY. Order finalized with the Northern Arapaho Utilities Department regarding the Arapahoe Industrial Park Public Water System due to uncorrected significant deficiencies; failure to notify the public of certain violations; and failure to monitor total trihalomethanes, haloacetic acids, total coliform, and nitrate.

Ethete Water System Public Water System; within the exterior boundaries of the Wind River Reservation, WY. Order finalized with Northern Arapaho Utilities Department regarding the Ethete Water System Public Water System due to uncorrected significant deficiencies; failure to meet the treatment technique requirement for Giardia lamblia inactivation; failure to notify the public of certain violations; and failure to monitor lead, copper, total trihalomethanes, haloacetic acids, disinfection byproduct precursors, cyanide, volatile organic contaminants, sodium, total coliform, and nitrate.

Fort Belknap Agency Public Water System (System); Fort Belknap Indian Reservation, MT. Order finalized with the Gros Ventre and Assiniboine Tribes of the Fort Belknap Indian Community (FBIC) and Prairie Mountain Utilities (PMU) on February 1, 2021, to address  the System’s disinfection byproduct (DBP) maximum contaminant level (MCL) exceedances and failure to remove the required percentage of total organic carbon between the System’s source and finished water.

For more information on the administration of the drinking water program in Indian country in Region 8, click here.

EPA has identified the protection of drinking water as priority as part of the National Compliance Initiative (NCI). EPA’s NCI on Reducing Noncompliance with Drinking Water Standards at Community Water Systems supports EPA’s goal of a 25 percent reduction in the number of community water systems that are out of compliance with health-based standards by the end of FY 2022. 

For more information on the NCI visit: click here.

 U.S. EPA News Release:

EPA settles Clean Water Act case with South Bend Products LLC for wastewater discharge violations at SW Washington facility

 

(SEATTLE - March 1, 2021) The U.S. Environmental Protection Agency has settled with South Bend Products, LLC, over federal Clean Water Act violations at the company’s South Bend, Washington, seafood processing facility.

 

South Bend Products, LLC, a seafood preparation and processing facility, specializes in salmon and crab processing, and also periodically processes razor clams, black cod, rockfish and halibut.   

 

EPA inspected the South Bend facility in 2017. After reviewing facility records, EPA identified violations of the South Bend facility’s wastewater discharge permit, including:

 

• Exceeded discharge limits
• Insufficient monitoring frequency
• Incorrect sampling, and
• Incomplete or inadequate reporting

 

As part of the settlement, the company agreed to pay a penalty of $101,630. In addition to paying the penalty, the Company has implemented new processes and technologies to address compliance challenges at its South Bend plant.

 

By improving its effluent treatment South Bend Products has taken steps to reduce the pollutant Total Residual Chlorine in its discharge. The company also established new sampling procedures to adequately monitor for other pollutants such as Total Suspended Solids, Biological Oxygen Demand, and Oil and Grease. Collectively, these measures serve to improve South Bend Products’ discharge to the waters of Willapa River and Bay.

 

This settlement furthers EPA’s national compliance initiative to reduce significant noncompliance and improve surface water quality by assuring dischargers comply with National Pollutant Discharge Elimination System (NPDES) permit requirements.

For more information on this initiative, please visit: https://www.epa.gov/enforcement/national-compliance-initiative-reducing-significant-non-compliance-national-pollutant.

 

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