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Thursday, February 17, 2022

President Biden, EPA $1 Billion Investment from the Bipartisan Infrastructure Law Will Accelerate Cleanup Efforts and Benefit Pennsylvania

 U.S. EPA News Release:


President Biden, EPA $1 Billion Investment from the Bipartisan Infrastructure Law
Will Accelerate Cleanup Efforts and Benefit Pennsylvania

EPA Projects Work to Be Completed at 22 of 25 Remaining Great Lakes “Areas of Concern” by 2030

WASHINGTON (Feb. 17, 2021) – Today, President Biden and U.S. Environmental Protection Agency Administrator Michael S. Regan will announce that as a direct result of the Bipartisan Infrastructure Law, EPA will make significant progress in the clean-up and restoration of the Great Lakes’ most environmentally degraded sites, securing clean water and a better environment for millions of Americans in the Great Lakes region. The agency will use the bulk of the $1 billion investment in the Great Lakes from the Bipartisan Infrastructure Law to clean up and restore severely degraded sites, known as “Areas of Concern” or AOCs. This will allow for a major acceleration of progress that will deliver significant environmental, economic, health, and recreational benefits for communities throughout the Great Lakes region.

“The Great Lakes are a vital economic engine and an irreplaceable environmental wonder, supplying drinking water for more than 40 million people, supporting more than 1.3 million jobs, and sustaining life for thousands of species. Through the investments from President Biden’s Bipartisan Infrastructure Law, we will make unprecedented progress in our efforts to restore and protect the waters and the communities of the Great Lakes basin,” said EPA Administrator Michael S. Regan. “Building a better America means investing in our natural resources and the communities they support.”

White House Senior Advisor and Infrastructure Implementation Coordinator Mitch Landrieu said, “With this investment, President Biden is delivering major environmental, public health, and economic wins for the Great Lakes region. Building a better America requires us to confront legacy pollution and clean up the environment – ensuring our kids drink clean water and creating good-paying jobs in the process. We know that cleaning up these waterways and improving the health of the Great Lakes will also create great economic opportunities for communities across the eight-state region and beyond.”

In 2018, an independent economic study from the Great Lakes Commission and the University of Michigan found that every Great Lakes Restoration Initiative dollar spent produces an additional $3.35 of economic activity. For older industrial cities, including AOCs such as Buffalo and Detroit, the study found that there may be more than $4 in additional economic activity for each federal dollar spent. A 2020 analysis of the Great Lakes determined that the region supports more than 1.3 million jobs, generating $82 billion in wages annually.

EPA projects that the Bipartisan Infrastructure Law funding, combined with funds from annual Great Lakes Restoration Initiative appropriations and funding from other sources, will, between now and the end of 2030, enable the Agency and its partners to bring work to completion across 22 of the 25 remaining AOCs, with Bipartisan Infrastructure Law funding directly supporting 11 of these sites. In sum this will leave only three of the original 31 U.S. AOCs with work remaining, with those sites also benefiting from Bipartisan Infrastructure Law funding. In the coming months, EPA will release more detailed information on implementation of the Bipartisan Infrastructure Law funding for the Great Lakes.

EPA will award this funding in accordance with the Biden Administration’s Justice40 Initiative, which promises to deliver at least 40 percent of the overall benefits from key federal investments to underserved communities. The effort also supports President Biden’s America the Beautiful initiative, which includes commitments to honor the nation’s conservation traditions, private property rights, the sovereignty of Tribal Nations, and the values and priorities of local communities.

In addition to support from the Bipartisan Infrastructure Law directed toward cleaning up the AOCs, EPA will continue the agency’s work to address other key issues such as addressing harmful algal blooms, nutrient reduction activities, protecting against invasive species, and monitoring the health of the Great Lakes. EPA anticipates additional resources could be available for these and other priorities because of the infusion of resources from the Bipartisan Infrastructure Law.

“The health of the Great Lakes is critical to protecting the ecosystem and ensuring that they thrive for future generations. The lakes are not only wonderous natural resources but they're also an economic driver and destination for recreational opportunities,” said Gov. Tom Wolf. “I'm pleased that the Biden Administration is committed to investing in critical restoration projects through the Bipartisan Infrastructure Law. Projects like these not only address specific areas of concern but will have a positive long-term impact on our own Lake Erie and all of our Great Lakes."

To see the full list of Areas of Concerns and anticipated work completion and delisting dates please visit: https://www.epa.gov/great-lakes-aocs/list-great-lakes-aocs

Wednesday, February 16, 2022

Chemical Hazard Reporting & Planning Enforcement Actions by EPA Region 10 in 2021

 U.S. EPA News Release:


Chemical Hazard Reporting & Planning Enforcement Actions by EPA Region 10 in 2021

Contact: Bill Dunbar, U.S. EPA Region 10, 206-553-1019, Dunbar.Bill@epa.gov 

Seattle (February 16, 2022) – In 2021 the Region 10 office of the U.S. Environmental Protection Agency – which enforces federal environmental laws in Alaska, Idaho, Oregon, and Washington – completed the following six enforcement cases for violations of Section 312 of the Emergency Planning and Community Right-to-Know Act.

EPCRA provides the public and local governments with information concerning potential chemical hazards present in their communities and supports emergency planning efforts at the state and local levels. Under EPCRA Section 312, a company must submit an annual report for each facility which stores quantities of hazardous substances on site at or above reporting thresholds. EPA initiated the cases below in response to each company’s failure to report the presence of threshold quantities of hazardous substances. These settlements are part of EPA’s nationwide campaign to protect communities by reducing or eliminating accidental releases at industrial and chemical facilities sited in or near neighborhoods disproportionately affected by industrial pollution.

Other, larger cases finalized by the agency have been announced through stand-alone news releases viewable on EPA’s website.

Quote from Ed Kowalski, Director of EPA Region 10’s Enforcement and Compliance Assurance Division: “Facilities that use hazardous chemicals have a special obligation to understand and carefully follow regulations designed to protect people and our communities from potentially catastrophic consequences of accidents.”

 

IDAHO

Northwest Gas Processing of New Plymouth

On June 22, 2021, EPA Region 10 issued a consent agreement and final order to Northwest Gas Processing, managed by Snake River Oil and Gas, for violations of EPCRA at its gas processing facility located in New Plymouth. The facility stores three hazardous substances over the reporting threshold. The company paid a penalty of $12,500. 

 

WASHINGTON

1st Propane of Blaine

On July 8, 2021, EPA Region 10 issued an expedited settlement agreement and final order to 1st Propane of Whatcom County, Inc. dba Economy Propane for violations of EPCRA at its facility in Blaine. The facility stores one hazardous substance over the reporting threshold. The company paid a penalty of $5,000. 

 

Rainier Flight Services of Renton

On May 25, 2021, EPA Region 10 issued an expedited settlement agreement and final order to Rainier Flight Services for violations of EPCRA at its facility located in Renton. The facility stores one hazardous substance over the reporting threshold. The company paid a penalty of $5,000.

 

Pro-Flight Aviation, Inc. of Renton

On September 24, 2021, EPA Region 10 issued an expedited settlement agreement and final order to Pro-Flight Aviation, Inc. for violations of EPCRA at its facility located in Renton. The facility stores two hazardous substances over the reporting threshold. The company paid a penalty of $5,000.

 

Atwood Adhesives, Inc. of Seattle

On May 21, 2021, EPA Region 10 issued an expedited settlement agreement and final order to Atwood Adhesives, Inc. for violations of EPCRA at its facility located in Seattle. The facility stores two hazardous substances over the reporting threshold. The company paid a penalty of $5,000. 

 

Blue Star Gas of Tukwila

On June 3, 2021, EPA Region 10 issued an expedited settlement agreement and final order to Blue Star Gas for violations of EPCRA at its facility located in Tukwila. The facility stores one hazardous substance over the reporting threshold. The company paid a penalty of $5,000. 

 

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Chemical Accident Prevention Enforcement Actions Taken by EPA Region 10 in 2021

 U.S. EPA News Release:


Chemical Accident Prevention Enforcement Actions Taken by EPA Region 10 in 2021

Contact: Bill Dunbar, U.S. EPA Region 10, 206-553-1019, Dunbar.Bill@epa.gov 

Seattle (February 16, 2022) – As part of an EPA national compliance initiative aimed at Reducing Accidental Releases at Industrial and Chemical Facilities, in 2021 the Region 10 office of the U.S. Environmental Protection Agency - which enforces federal environmental laws in Alaska, Idaho, Oregon, and Washington – completed the following 10 enforcement cases for minor, easily correctible violations of the chemical accident prevention provisions of Clean Air Act Section 112r.

These provisions require owners and operators of facilities that manufacture, use, store, or otherwise handle more than a threshold quantity of a listed, regulated chemical to implement a risk management program, and submit a single RMP for all covered processes at the facility. A risk management plan provides important information to emergency responders and planners that includes accurate chemical quantities, emergency contacts, and demonstration of safe operation and maintenance of chemical processes.

Quote from Ed Kowalski, Director of EPA Region 10’s Enforcement and Compliance Assurance Division: “Facilities that store and use hazardous materials have a special obligation to understand and carefully follow regulations designed to protect people, our communities and our environment from potentially catastrophic consequences of accidents.”

Typical 112r violations EPA finds in these types of cases are:

  • failure to update required risk management plans,   
  • failure to conduct compliance audits at least every three years,
  • failure to document employee trainings on safe operating procedures, and
  • failure to address findings and identify new hazards in its process hazard analysis procedures.

Other, larger cases finalized by the agency have been announced through stand-alone news releases viewable on EPA’s website.

 

IDAHO

Grove Warehouse, Inc. of Buhl

On August 27, 2021, EPA Region 10 issued an expedited settlement agreement to Cedar Grove Warehouse, Inc. for the company’s failure to update its risk management plan at least every five years as required. The company paid a penalty of $1,200 and returned to compliance. 

 

OREGON

Ajinomoto Toyo Frozen Noodles, Inc. of Portland

On September 29, 2021, EPA Region 10 issued an expedited settlement agreement to Ajinomoto Toyo Frozen Noodles, Inc. for the company’s failure to update its risk management plan at least every five years as required. The company paid a penalty of $1,200 and returned to compliance.  

 

Forrest Paint Company of Eugene

On July 16, 2021, EPA Region 10 issued an expedited settlement agreement to Forrest Paint Company for the company’s failure to comply with several risk management program requirements including proper documentation and resolution of its process hazard analysis findings and recommendations, updating its PHA to identify new hazards that could result in releases impacting the surrounding community, and conducting a compliance audit at least every three years. The company paid a penalty of $3,840 and returned to compliance. 

 

Kraft Heinz Food Company of Ontario

On May 6, 2021, Region 10 issued an expedited settlement agreement to Kraft Heinz Food Company in Ontario, Oregon for the company’s failure to properly document that its operators are trained in safely operating refrigeration equipment to prevent an anhydrous ammonia release that could impact the surrounding community. The company paid a penalty of $8,900 and returned to compliance. 

 

WASHINGTON

American Freeze Dry Inc. of Ferndale

On April 20, 2021, EPA Region 10 issued an expedited settlement agreement to American Freeze Dry, Inc. for the company’s failure to update its risk management plan at least every five years as required. The company paid a penalty of $1,200 and returned to compliance.

 

AmeriGas Propane, L.P. in Yakima

On June 16, 2021, EPA Region 10 issued an expedited settlement agreement to AmeriGas Propane, L.P. for the company’s failure to update its risk management plan at least every five years as required. The company paid a penalty of $1,600 and returned to compliance. 

 

Apple House Warehouse & Storage, Inc. of Pateros

On June 9, 2021, EPA Region 10 issued an expedited settlement agreement to Apple House Warehouse & Storage, Inc. for the company’s failure to document that its employees are trained in the hazards and procedures to prevent an anhydrous ammonia release. The company paid a penalty of $8,800 and returned to compliance. 

 

Columbia Fruit Packers, Inc. of Wenatchee

On April 28, 2021, EPA Region 10 issued an expedited settlement agreement to Columbia Fruit Packers, Inc. for the company’s failure to update its required risk management plan at least every five years.The company paid a penalty of $2,000 and returned to compliance. 

 

Legacy Fruit Packers, LLC of Wapato

On May 26, 2021, EPA Region 10 issued an expedited settlement agreement to Legacy Fruit Packers, LLC for the company’s failure to update its required risk management plan at least every five years.  The company paid a penalty of $2,000 and returned to compliance. 

 

Royal Ridge Fruit and Cold Storage, LLC of Royal City

On May 17, 2021, EPA Region 10 issued an expedited settlement to Royal Ridge Fruit and Cold Storage LLC for the company's failure to update its risk management plan at least every five years as required. The company paid a penalty of $2,000 and returned to compliance.

 

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EPA honors Nisqually Tribe and partners with national award for innovative watershed collaboration

 U.S. EPA News Release:


EPA honors Nisqually Tribe and partners with national award for innovative watershed collaboration

Contact: Suzanne Skadowski, U.S. EPA Region 10, 206-553-2160, Skadowski.Suzanne@epa.gov
 

SEATTLE (Feb. 16, 2022) – The U.S. Environmental Protection Agency is presenting the 2021 George F. Ames Performance and Innovation in the SRF Creating Environmental Success (PISCES) Award for Excellence in Community Engagement to the Nisqually Indian Tribe. The tribe created an innovative partnership and used funding from the Clean Water State Revolving Fund (SRF) program to acquire and manage lands to protect the Mashel River, the main tributary to the Nisqually River, near Mt. Rainier in Washington. The project will improve water quality and quantity in the Mashel River watershed, protect surrounding shoreline and timberlands, and benefit steelhead and chinook salmon.

 

“Today we celebrate projects that center innovation and partnership while upgrading drinking water infrastructure and wastewater systems to meet the needs of communities,” said Assistant Administrator for EPA’s Office of Water Radhika Fox. “These projects embody the win-win benefits of investing in water infrastructure through the State Revolving Funds—benefits that will come to more communities across the country thanks to the historic investment coming through the Bipartisan Infrastructure Law.”

 

“We have to do whatever we can to protect our watershed and we can’t do it alone,” said Willie Frank III, Chairman of the Nisqually Tribe. “Projects like these where we are working with state, federal and local non-profit partners show what can be done when we work together.”

 

The Nisqually Tribe and partners Nisqually Land Trust, Nisqually Community Forest, and Nisqually River Council are using a CWSRF loan to acquire land for permanent ecological forestry management in the Mashel River watershed. The tribe and its partners are working collaboratively with the Washington Department of Ecology to purchase and manage properties, pooling each group’s areas of expertise and funding sources. The project aims to build a community owned and managed forest that improves and protects fish and wildlife habitat, promotes local jobs through sustainable timber management, and provides recreational and educational opportunities. So far, the project has acquired about 4,000 acres managed by the Nisqually Community Forest. The project uses a watershed-based landscape approach, applying a new model by EPA’s Office of Research and Development, Visualizing Ecosystems for Land Management Assessment (VELMA), to identify best forest management practices for protecting water quality and restoring degraded stream habitat.

 

EPA’s PISCES program celebrates excellence and innovation demonstrated by Clean Water SRF programs and funding recipients. Twenty-seven projects by state or local governments, public utilities, and private entities were honored nationwide. These exemplary projects demonstrate leadership in innovative financing, partnership, and problem solving while improving water quality and public health protection.

 

The SRFs are EPA-state partnerships that provide communities with a permanent, independent source of low-cost financing for a wide range of water quality and drinking water infrastructure projects. Since their inception, EPA’s SRFs have provided more than $189 billion in financial assistance to nearly 43,000 water quality infrastructure projects and 16,300 drinking water projects across the country. To see the full list of recognized projects and learn more about the PISCES Program, visit: https://www.epa.gov/cwsrf/pisces.

 

The Bipartisan Infrastructure Law, signed in November of 2021, provides the largest single investment in water in U.S. history, with 43 billion in funding to the State Revolving Fund Programs over five years. For 2022, EPA will allocate $7.4 billion to the SRFs for states, Tribes, and territories, with nearly half of this funding available as grants or fully forgiveness loans. For more information about the Bipartisan Infrastructure Law, visit: https://www.epa.gov/infrastructure.

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Tuesday, February 15, 2022

EPA finds Williams Creek Hatchery Violated Clean Water Act, Threatening Fort Apache Indian Waters

 U.S. EPA News Release:


EPA finds Williams Creek Hatchery Violated Clean Water Act, Threatening Fort Apache Indian Waters

U.S. Fish & Wildlife Service-owned hatchery exceeded phosphorous limit, resulting in violations

February 15, 2022

Contact Information

Joshua Alexander (alexander.joshua@epa.gov)

415-214-5940

ARIZONA - The U.S. Environmental Protection Agency (EPA) found the U.S. Fish and Wildlife Service (USFWS) violated the Clean Water Act-related permit issued for its Williams Creek National Fish Hatchery Complex. The hatchery is located on the Fort Apache Indian Reservation. The facility in question generates wastewater from fish and fish food waste, which passes through a series of sediment ponds before being discharged to Williams Creek.

The hatchery exceeded the phosphorous limit in its National Pollutant Discharge Elimination System (NPDES) permit for ten quarters over several years (2017 to present), causing it to be in significant non-compliance. The permit violations resulted in additional nutrients in Williams Creek, degrading its water quality. In addition, the facility’s failure to remove sediments from the ponds decreases the ponds’ holding capacity and risks the discharge of sediment to Williams Creek.

“EPA reached an agreement with the U.S. Fish and Wildlife Service to improve operations at its Williams Creek Fish Hatchery and reduce the amount of phosphorus discharged to Williams Creek,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “Ensuring federal facilities like this Hatchery comply with the Clean Water Act is essential to protecting surface waters in Indian country.”

USFWS has agreed to complete work to address the hatchery’s phosphorous violations, as well as operations and maintenance problems, via a Federal Facility Compliance Agreement with EPA. The Agreement requires the USFWS to acquire and use a portable vacuum to remove solids from ponds used to raise fish; reduce fish density at the facility; remove excess sediment and vegetation from the sediment ponds; and conduct monthly sampling for phosphorous over the next two years.

The Williams Creek National Fish Hatchery Complex was established in 1930. There are four species of trout raised at the complex and it is the lead facility for production of Apache trout. The National Fish Hatchery System is comprised of a network of 71 hatcheries which propagate imperiled species for restoration and recovery programs, provide emergency refugia for species whose habitat is threatened, and provide fish to benefit Tribes.

This settlement furthers EPA’s National Compliance Initiative to reduce the number of U.S. facilities that are in significant non-compliance, and to improve surface water quality by ensuring dischargers comply with permit requirements.

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

Learn more about the National Pollutant Discharge Elimination System at: https://www.epa.gov/npdes

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

Monday, February 14, 2022

EPA reaches settlement with GB Group for lead-based paint violations in Oakland and San Francisco

 U.S. EPA News Release:


EPA reaches settlement with GB Group for lead-based paint violations in Oakland and San Francisco

SAN FRANCISCO (Feb. 14, 2022) – The U.S. Environmental Protection Agency (EPA) announced a settlement with the GB Group, Inc., for failing to comply with regulations that protect the public from exposure to lead while residential remodeling is being performed. The firm, based in Gilroy, Calif., will pay a $137,804 civil penalty.

Renovating older homes can expose residents and workers to hazardous lead-based paint and dust,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “Lead exposure has been a longstanding obstacle to advancing environmental justice, as many people of color and low-income residents live in communities that are overburdened by lead-based paint. EPA expects all renovation companies to ensure their contractors are trained, certified and follow lead-safe work practices to protect public health.” 

EPA found that during renovation work at residential properties in Oakland and San Francisco, the GB Group failed to conduct pre-renovation education by not providing the Renovate Right pamphlet to homeowners and adult occupants. The GB Group also failed to assign a certified renovator to each renovation, did not follow work-site lead-safe practices, and failed to develop and maintain required records.

The enforcement action being announced today reinforces EPA’s commitment to addressing childhood lead exposure. Lead exposure can cause behavioral and learning problems, slowed growth, hearing problems and diminished IQ. Although the federal government banned residential use of lead-based paint in 1978, it is still present in millions of older homes, sometimes under layers of new paint.

The Renovation, Repair, and Painting Rule was created to protect the public (especially children under the age of 6) from lead-based paint hazards that occur during repair or remodeling activities in homes and child-occupied facilities built before 1978. The rule requires individuals performing residential renovations be properly trained, certified and follow lead-safe work practices.

Learn about the Renovation, Repair and Painting Rule and program: https://www.epa.gov/lead/renovation-repair-and-painting-program

Report a lead-based paint violation: https://www.epa.gov/lead/pacific-southwest-lead-based-paint-tips-complaints

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

Thursday, February 10, 2022

EPA Awards Maryland Environmental Service $1.8 million to Reduce Diesel Emissions at Port of Baltimore

 U.S. EPA News Release:


EPA Awards Maryland Environmental Service $1.8 million
to Reduce Diesel Emissions at Port of Baltimore

BALTIMORE (Feb. 10, 2022) — The U.S. Environmental Protection Agency congratulated Maryland Environmental Service (MES) today on their Diesel Emission Reduction Act (DERA) grant award of $1.8 million to replace diesel powered yard trucks, forklifts, and cargo handling equipment with less polluting equipment, and replace three drayage trucks with electric vehicles at the Port of Baltimore.

The EPA award along with $3.3 million in project partner matching funds will enable MES to replace the equipment with electric vehicles at the Port of Baltimore, which borders the neighboring Turner Station community, a community with environmental justice concerns.

“These cleaner trucks, and heavy equipment help deliver protections for those that need it most, such as the people living and working near ports, ” said EPA Mid-Atlantic Regional Administrator Adam Ortiz. “Thanks to the Diesel Emissions Reduction Act Grant Program, we are making historic investments into communities that are overburdened by pollution to address legacies of environmental injustice.”

The grant funding will assist MES, on behalf of Maryland Department of Transportation (MDOT), and Maryland Port Administration by replacing diesel trucks and other equipment serving the port with new, cleaner models.  These new units will reduce emissions of diesel particulate matter and other pollutants such as nitrogen oxides, carbon monoxide and hydrocarbons – pollutants that contribute to adverse health impacts such as respiratory and cardiovascular disease.  The beneficiaries of this project are the citizens of Baltimore and especially the Turner Station community.

“Tackling the climate crisis isn’t just necessary to improve our environment and public health – it’s also an opportunity to create jobs and greater prosperity in our state,” said Senator Chris Van Hollen, a member of the Appropriations Subcommittee on Interior, Environment, and Related Agencies. “This latest federal investment in the Port of Baltimore will both strengthen one of Maryland’s major economic engines while promoting cleaner air and advancing environmental justice throughout the region. I will continue fighting in the Senate to bring resources to Maryland to grow our economy, protect our environment, and combat climate change.”

EPA awarded $53 million through the 2021 Diesel Emission Reduction Act (DERA) National Grant program, and an additional $24 million was awarded to 49 states through the State DERA Grant program, for a total of $77 million to reduce diesel pollution in local communities.

“These funds are a big boost for clean air and climate progress and that’s great news for Baltimore communities and Maryland economies,” Maryland Environment Secretary Ben Grumbles said. “We thank EPA, MPA and all the partners of Maryland’s green port who are advancing the state’s climate and environmental justice goals by investing in our clean energy economy.”

 In selecting projects for awards, priority was given to projects that:

  • are in areas designated as having poor air quality
  • reduce emissions from ports and other goods movement facilities
  • benefit local communities
  • incorporate local communities in project planning
  • demonstrate an ability to continue efforts to reduce emissions after the project has ended

Since the start of the DERA program in 2008, EPA has awarded over $1 billion in grants and rebates to modernize the nation’s diesel fleet and speed the turnover to cleaner on- and off-road heavy-duty trucks and equipment.

In addition to DERA, following the passage of the historic Bipartisan Infrastructure Law, EPA will be making significant investments in the health, equity, and resilience of American communities. EPA will offer a total of $5 billion between fiscal years 2022 and 2026 to fund the replacement of dirtier school buses with low-or no-carbon school buses.

For more information on DERA national grants:  https://www.epa.gov/dera/national-dera-awarded-grants

More information on DERA state grants:  https://www.epa.gov/dera/state-allocations