Issued: Jul 31, 2023 (1:04pm EDT)

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Belle Fourche and Bridger Pipeline Companies to Pay $12.5 Million in Penalties and Improve Compliance after Pipeline Spills in Montana and North Dakota

Agreement protects public health, safety, and the environment by requiring action to make future spills less likely

WASHINGTON (July 31, 2023) – Belle Fourche Pipeline Company and Bridger Pipeline LLC – affiliated companies that own and operate a network of crude oil pipelines in Montana, North Dakota, and Wyoming – have together agreed to pay a $12.5 million civil penalty to resolve claims under the Clean Water Act and Pipeline Safety Laws relating to oil spills in Montana and North Dakota.  

 

"Oil pipeline spills can cause enormous and long-lasting damage to the environment," said Principal Deputy Assistant Administrator Larry Starfield for EPA's Office of Enforcement and Compliance Assurance. "This settlement holds Belle Fourche and Bridger Pipeline accountable for their significant oil spills and requires them to take meaningful measures to prevent future spills from their oil pipelines."

 

"Today's settlement is the result of federal and state partners working together to comprehensively address oil spills and assess a significant penalty to deter future violations," said Assistant Attorney General Todd Kim for the Justice Department's Environment and Natural Resources Division. "The agreement also protects public health, safety, and the environment by requiring action to make future spills less likely."

 

"All pipeline spills harm our environment and many threaten the safety and well-being of the American public," said Deputy Administrator Tristan Brown for the Pipeline and Hazardous Materials Safety Administration (PHMSA). "PHMSA and our state and federal partners, are sending a strong message that spills will not be tolerated."

 

"As the longest free-flowing river in the Lower 48, the Yellowstone River not only is a national treasure for its historic significance, ecosystems and recreational opportunities, but it also is an important economic resource for communities along its banks and the state of Montana," said U.S. Attorney Jesse Laslovich for the District of Montana. "It is essential for pipeline companies operating in and around our rivers to comply with environmental protection and public safety regulations. This agreement holds these companies accountable for their significant oil spills, and more importantly, will help protect the iconic Yellowstone River from future damage."

 

"Through this settlement, we are furthering North Dakota's twin objectives of safe energy development and protection of our environment," said Attorney General Drew H. Wrigley for the State of North Dakota. "I want to especially thank the North Dakota Department of Environmental Quality staff who spent countless hours investigating and responding to the spill."

 

In 2015, Bridger's Poplar Pipeline ruptured where it crosses under the Yellowstone River near Glendive, Montana. The pipeline crossing had been installed using the "trench-cut" method. The pipeline failed after being exposed due to river scour. Bridger has completed its cleanup of the Montana spill site, and Bridger and the State of Montana separately resolved claims under Montana state law.

 

Belle Fourche's Bicentennial Pipeline ruptured in 2016 in Billings County, North Dakota. The pipeline traversed a steep hillside above an unnamed tributary to Ash Coulee Creek – which feeds into the Little Missouri River – when the slope failed. The size of the North Dakota spill was exacerbated by Belle Fourche's failure to detect the spill until it was reported by a local landowner. Belle Fourche's cleanup of the North Dakota spill site is ongoing with oversight by the North Dakota Department of Environmental Quality. The State of North Dakota is a co-plaintiff in this case, and it has worked closely with the United States; both are signatories to the consent decree.

 

In addition to the $12.5 million civil penalty, the companies are required to implement specified compliance measures including meeting certain control room operation requirements and related employee training, implementing their water crossings and geotechnical evaluation programs and updating their integrity management program. Belle Fourche will also pay the state of North Dakota's past response costs.

 

The case is being litigated by the Environment and Natural Resources Division's Environmental Enforcement Section, in conjunction with the U.S. Attorney's Office for the District of Montana, EPA, PHMSA and the State of North Dakota.

 

The consent decree, lodged in the U.S. District Court for the District of North Dakota, is subject to a 30-day public comment period and final court approval. Under section 7003(d) of RCRA, a commenter may request an opportunity for a public meeting in the affected area. The consent decree will be available for viewing on the Department of Justice website.

 

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Issued: Jul 31, 2023 (11:23am EDT)

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EPA Awards $1.3M in Research Funding to the University of Wisconsin-Madison to Develop Nanosensors to Detect Pesticides and Mitigate Their Harmful Impacts

WASHINGTON (July 31, 2023) — Today, the U.S. Environmental Protection Agency (EPA) announced over $1.3 million in funding to a team of researchers from the University of Wisconsin-Madison, in Madison, Wisconsin, to develop nanosensor technology that can detect, monitor, and degrade commonly used pesticides found in water that can harm human health.

 

"Nanotechnology advances are creating a new future for environmental monitoring," said Chris Frey, Assistant Administrator for EPA's Office of Research and Development. "The cutting-edge nanosensor technology that is being developed by researchers at the University of Wisconsin-Madison will help detect pesticides in water at extremely low levels and mitigate the harmful impacts of these pesticides."

 

Environmental pollutants such as pesticides can adversely affect human health. Simple and reliable sensors to detect pesticides in water sources can help reduce human exposure. The unique properties of nanomaterials have enabled advances in sensor design, such as portability and rapid signal response times, and provided more cost-effective, efficient, and selective detection and monitoring methods.

 

Using funding from this grant, researchers from the University of Wisconsin-Madison will develop an integrated, portable, sensor-controlled water treatment technology that itself generates the chemicals needed for treatment. The researchers will distribute and deploy the treatment technology across rural communities in Alabama that rely on private and/or community wells for drinking water that have been impacted by neonicotinoids, a commonly used type of pesticide.

 

The University of Wisconsin-Madison's Integrated Portable Raman and Electrochemical NanoSystem, or I-PRENS, will be used for rapid onsite detection and degradation of neonicotinoid pesticides in drinking water supplies. The team will develop a small-scale I-PRENS prototype for deployment in Alabama's Black Belt region for long-term monitoring and remediation of neonicotinoid-impacted drinking water supplies. The Black Belt of Central Alabama, known for the region's rich, dark topsoil, faces many factors that make traditional wastewater treatment challenging, including its rural landscape and heavy clay soils. Results from the research are expected to help low income, underrepresented, rural communities in Alabama.

 

Learn more about the funded recipient.  

Learn more about EPA research grants.

 

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Issued: Jul 28, 2023 (7:37pm EDT)

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Biden-Harris Administration Announces $58 million to Reduce Lead in Schools and Childcare Facilities Through Investing in America Agenda

President Biden's Bipartisan Infrastructure Law expanded the eligibility of WIIN funding to include remediating lead in water that children drink, in addition to testing and compliance monitoring

WASHINGTON – (July 24, 2023) At an event in Boston, Massachusetts, U.S. Environmental Protection Agency (EPA) Assistant Administrator for Water Radhika Fox and EPA New England Regional Administrator David W. Cash, along with U.S. Senator Elizabeth Warren and U.S. Representative Katherine Clark, announced $58 million in grant funding from President Biden's Investing in America agenda to protect children from lead in drinking water at schools and childcare facilities across the country. Thanks to the Bipartisan Infrastructure Law, activities that remove sources of lead in drinking water are now, for the first time, eligible to receive funding through the Water Infrastructure Improvements for the Nation Act (WIIN). This grant funding, which is provided to states, territories, and Tribes, advances the Biden-Harris Administration's Lead Pipe and Paint Action Plan and unprecedented commitment to delivering clean water for all communities, especially historically marginalized and low-income communities

"I am excited to join local leaders in Boston to announce $58 million in grant funding that can be used to test for lead in drinking water, identify potential sources, and remove those sources to better protect our nation's children," said EPA Assistant Administrator for Water Radhika Fox. "Reducing lead in drinking water is a top priority for the Biden-Harris Administration and EPA is taking a holistic approach — harmonizing drinking water standards with historic infrastructure investments under the Bipartisan Infrastructure Law while providing technical assistance to disadvantaged communities to protect all our children from lead in drinking water."

EPA is also releasing a revised grant implementation document that outlines new authority provided by the Bipartisan Infrastructure Law to fund activities that remove sources of lead in drinking water. The Voluntary School and Child Care Lead Testing and Reduction Grant Program funds voluntary lead testing, compliance monitoring, and for the first-time, lead in drinking water remediation projects. Lead remediation actions may include but are not limited to the removal, installation, and replacement of internal plumbing, lead pipes or lead connectors, faucets, water fountains, water filler stations, point-of-use devices, and other lead-free apparatus related to drinking water. 

"Thanks to the Bipartisan Infrastructure Law, Massachusetts students and families will rest easier knowing that the water in our schools is safe and free of dangerous toxins like lead," said U.S. Senator Elizabeth Warren (MA). "This investment in our schools and our infrastructure will help support the lasting, resilient water systems our communities deserve."

"Massachusetts is proud of its nation-leading lead pipe testing and remediation programs. With these new funds, Massachusetts can deliver more testing, removal, and peace of mind to our residents," said Governor Maura Healey. "The Biden-Harris Administration has delivered unparalleled investments in our schools and families. I'm grateful to Assistant Administrator Fox for shining a light on our efforts and the EPA's continued partnership with Massachusetts."

"During his first year in office, President Biden announced a bold plan to replace every lead pipe in America. Today's announcement is another step toward making that vision a reality. Schools and child care centers across the country will have the resources to ensure students are safe to learn, play, and grow alongside their friends," said House Democratic Whip Katherine Clark (MA-05). "As this funding is put to work in Massachusetts and across the country, House Democrats remain committed to building on the success of our Investing in America agenda – forging a cleaner, greener, safer, and more prosperous future for every American."

The grant funding announced today is provided to states, territories, and Tribes through the WIIN. The grant program requires the use of guidance from EPA's 3Ts (Training, Testing, and Taking Action) Program to support schools and childcare facilities in making progress on reducing lead in drinking water. Tools and resources from the 3Ts Program help states, territories, and Tribes provide technical assistance and take action to support the health and safety of children in early care and education settings. The program also helps advance President Biden's Justice40 Initiative, which is helping address environmental injustice by ensuring that the benefits of federal investments in clean water, clean energy, and other programs reach communities that are marginalized, underserved, and overburdened by pollution. 

Today's announcement advances the goals of the Biden-Harris Administration's Lead Pipe and Paint Action Plan and EPA's Strategy to Reduce Lead Exposures and Disparities in U.S. Communities. Under these initiatives, EPA is developing the Lead and Copper Rule Improvements to strengthen the Agency's regulatory framework. EPA intends to propose requirements that, along with other actions, would result in the replacement of all lead service lines as quickly as is feasible. EPA is also investing $15 billion in Bipartisan Infrastructure Law funding to remove lead service lines. In addition to the dedicated funding for lead service line removal, the Bipartisan Infrastructure Law provides another $11.7 billion in general funding through the Drinking Water State Revolving Fund that can also be utilized for lead removal projects. 

Learn more about the Biden-Harris Administration's Lead Pipe and Paint Action Plan and EPA's Strategy to Reduce Lead Exposures and Disparities in U.S. Communities.

Background 

President Biden's Bipartisan Infrastructure Law is dedicating an unprecedented $15 billion to removing lead from drinking water. The Voluntary School and Childcare Lead Testing and Reduction Grant Program complements these funds to further reduce lead in drinking water. Under this grant, EPA allocates funds to eligible states and territories based on a formula that includes factors for population, disadvantaged communities, and lead exposure risk. For more information, visit: WIIN Grant: Voluntary School and Child Care Lead Testing and Reduction Grant Program.

For further information: EPA Press Office (press@epa.gov)

 

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Issued: Jul 27, 2023 (2:21pm EDT)

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EPA Posts Pesticide Incident Data Publicly

Data Sets Include 10 Years of Incidents and Planned Monthly Updates

WASHINGTON (July 27, 2023) — Today, the U.S. Environmental Protection Agency (EPA) took a major step to increase transparency by posting 10 years of pesticide incident data on its website. Sharing this information advances EPA's commitment to environmental justice and aligns with EPA's Equity Action Plan by expanding the availability of data and capacity so the public and community organizations can better understand pesticide exposures, including exposures to vulnerable populations.

 

This action also advances the President's transparency goal of ensuring that the public, including members of communities with environmental justice concerns, has adequate access to information on federal activities related to human health or the environment, as charged in Executive Order 14096, Revitalizing Our Nation's Commitment to Environmental Justice for All.

 

The data sets, which pull information from EPA's Incident Data System (IDS), allow users to access raw data on pesticide exposure incidents such as the incident date, the reason for the report (e.g., adverse effect, product defect), and the severity of the incident. It may also provide information on the location of the incident, the pesticide product, and a description of the incident(s). EPA has not verified the raw data for accuracy or completeness, so users should be aware of this limitation before drawing any conclusions from the data.

 

"People have the right to know when accidental pesticide exposures or other incidents are reported to the Agency," said EPA Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhoff. "It is particularly critical to share how pesticides may have impacted our most vulnerable populations, including children and farmworkers."

 

EPA considers a pesticide incident as any exposure or effect from a pesticide's use that is not expected or intended. Pesticide incidents may involve people, domestic animals (e.g., pets or livestock), wildlife, or the environment (e.g., air, soil, water, plants). Reporting a pesticide incident provides EPA with additional information on the effects and consequences of exposures to pesticides affecting people and the environment.

 

EPA receives information about pesticide incidents from a variety of sources. The incident reports contained in IDS include data from:

• pesticide manufacturers (registrants), as they are required to submit reports of unreasonable adverse effects from their products;
• reporting by the public through other entities (including state regulators for pesticide enforcement);
• information submitted when individuals send an email directly to EPA;
• the National Pesticide Information Center (NPIC); and
• the American Association of Poison Control Centers.

 

Prior to today's action, EPA generally only provided incident information to the public when responding to requests under the Freedom of Information Act (FOIA) or as an incident summary as part of EPA's pesticide registration review process. EPA has made these data accessible to expand the public's access and understanding of pesticide incidents and pesticide-related illness. Releasing these data is responsive to many long-standing requests to share incident data with farmworker organizations and public health officials.

 

EPA has made the last 10 years of incident data accessible because incident data older than 10 years may not reflect pesticide product labels currently on the market due to label changes that may occur during registration review. EPA plans to update the data monthly going forward.

 

Background on EPA's Review and Use of Incident Data

 

EPA completes a periodic review of pesticide registrations — including pesticide incidents — at least every 15 years to ensure that, as the ability to assess risk evolves and as policies and practices change, all registered pesticides continue to meet the statutory standard of no unreasonable adverse effects. EPA's analysis may result in label changes to address any identified risks of concern. As mentioned above, this process is known as registration review.

 

During registration review, EPA conducts human health and environmental assessments to ensure that pesticides will not cause unreasonable adverse effects to human health or the environment. Human health risk assessments evaluate the nature and probability of adverse health effects occurring in people who may be exposed to chemicals in their daily activities (e.g., from food and water they consume, air they breathe, contact at work, or other activities). Ecological risk assessments evaluate how a pesticide is expected to move through and break down in the environment, and whether potential exposure to the pesticide will result in unreasonable adverse effects to wildlife and vegetation.

 

In addition, incident reports, both those submitted to the Agency and those available in open literature, can help EPA determine whether pesticides have adequate use directions and restrictions, protective safety equipment requirements for farmworkers and/or pesticide applicators, and any other necessary mitigation measures to reduce risk to humans and the environment.

 

Background on the Incident Data System

 

EPA is making two data sets public. The first data set contains incidents that were submitted to EPA with a description of the incident (e.g., who was involved, how it happened, and where the incident occurred). The second data set contains incidents that were submitted in aggregate to the Agency. Aggregate incidents are submitted in bulk, as outlined in the Agency's PR Notice 98- 3 and only contain information on the product and the severity of the incident, with no narrative description. For either data set, a single submission may contain one or more incidents.

 

EPA is publishing these data sets to increase transparency to the public, but the Agency does not currently have the resources to answer individual questions about its content.

 

It is important to recognize that the data sets contain raw data that have never been reviewed for their validity or modified to facilitate public review. The Agency did not design the incident reporting system to cover only information known to be valid, and as such, cannot guarantee the accuracy, completeness, or adequacy of the contents of the data sets. People who download and use the data should exercise caution in drawing conclusions from the data.

 

For incident reports that contain personally identifiable information, EPA has made every effort to remove this information before making the records public. EPA will continue to redact this information as it updates the data sets each month.

 

To learn more, view the data sets and/or visit our About the Incident Data System (IDS) webpage that explains how to search the data sets.

 

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Issued: Jul 27, 2023 (11:57am EDT)

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EPA Seeks Public Input on Plan to Address Contaminated Soil at the Olean Well Field Superfund Site in Cattaraugus County, New York

Contact: Stephen McBay, (212)-637-3672, McBay.Stephen@epa.gov

NEW YORK (July 27, 2023) – The U.S. Environmental Protection Agency (EPA) is encouraging the public to comment on its proposed cleanup plan to excavate and remove soil contaminated with volatile organic compounds on the former AVX Corporation (AVX) property at the Olean Well Field Superfund site in Olean, New York. A 30-day public comment period for the proposed plan begins July 27, 2023. EPA will host a public meeting at the Cattaraugus County Campus of Jamestown Community College, 305 North Barry Street, Olean, New York, in the TECH Building, Mangano Reception Room, near the Cutco Theater on August 8, 2023, at 6:00 p.m. to explain this cleanup proposal. EPA is proposing to dig up and dispose of contaminated soil at the AVX Property. This method will protect those at risk as well as remove a source of groundwater contamination.

Today's proposed plan will address soil contamination that was not fully resolved by prior cleanup actions. The contamination is under and near the former manufacturing building on the AVX Property. The plan calls for:

• Demolishing and removing the concrete slab floor and foundation supports
• Digging out the polluted soil that is not saturated with water
• Transporting and disposing of the dug-out material off-site
• Restoring the area with clean fill material

The Olean Well Field site is an approximately 1.5 square-mile area in Cattaraugus County that contains various wells, homes, and manufacturing facilities. Earlier industrial operations at the AVX property, as well as at three other facilities that EPA considers sources of site contamination, resulted in the contamination of soil and groundwater with trichloroethylene, 1,4-dioxane, and other volatile organic compounds. As a result of the contamination at all four facilities, EPA added the site to the Superfund list in 1983. Since that time, several investigations have led to cleanup remedies for the four source facilities impacting soil and groundwater, most of which are being carried out by parties responsible for the site.

Written comments on EPA's proposed plan may be mailed or emailed to Maeve Wurtz, Remedial Project Manager, U.S. Environmental Protection Agency, 290 Broadway – 19th Floor, New York, NY 10007, Email: Wurtz.maeve@epa.gov.

Visit the Olean Well Field Superfund site profile page for additional background and to view the proposed plan.

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Issued: Jul 26, 2023 (2:04pm EDT)

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EPA Fines the Ritz-Carlton Resort on St. Thomas, USVI for Violations of the Clean Water Act

Contact: Elias Rodriguez, (212) 637-3664, rodriguez.elias@epa.gov

NEW YORK (July 26, 2023) – The U.S. Environmental Protection Agency (EPA) has settled a case against The Ritz-Carlton Resort on St. Thomas, USVI, for its failure to monitor and report on discharges of treated wastewater coming from the resort, as required by the Clean Water Act. The Ritz-Carlton was late with its monitoring requirements over a period that spanned nearly five years, in violation of its Clean Water Act permit. The company will pay a civil penalty of $30,000 and has already addressed the cause of the violations. Additionally, the company will undertake a supplemental environmental project (SEP) estimated to cost approximately $27,000 to protect a wetland and improve water quality in Turquoise Bay.

"The Ritz Carlton is required to monitor its discharges into the ocean under the conditions of the Clean Water Act permit," said EPA Regional Administrator Lisa F. Garcia. "EPA will hold companies accountable when they violate critical laws that protect public health and the environment."

The Ritz-Carlton's failures to carry out its responsibilities under its permit resulted in significant environmental non-compliance, an important measure that the agency uses to track repeated violations at a facility. When a party applies for and receives a permit to discharge under the Clean Water Act, the person or company is then responsible for monitoring their discharges for specific pollutants and reporting those results. These requirements form the basis of the EPA's ability to ensure compliance with the Clean Water Act. In this case, EPA's review of its national data system found inadequate monitoring of treated wastewater discharges from the Ritz-Carlton's desalination operations, which is a violation of the resort's permit.

Furthermore, Ritz-Carlton will perform a supplemental environmental project consisting of an oil and water separator and sediment trap to abate the discharge of oil and sediment into Turquoise Bay and a second sediment trap to minimize the discharge of sediment into a wetland on the resort's property. These controls will improve the health of those waters and will benefit the people and wildlife that depend on them.

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Issued: Jul 26, 2023 (1:14pm EDT)

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EPA, Justice Department and the Mississippi Department of Environmental Quality Reach Agreement with City of Jackson on Proposal to Address Sewer System Issues

Like the November 2022 Agreement to Address Drinking Water, the Proposal Would Appoint an Interim Third-Party Manager to Oversee the Sewer System

WASHINGTON (July 26, 2023)  – The Environmental Protection Agency (EPA), Justice Department, the Mississippi Department of Environmental Quality (MDEQ), and the City of Jackson, Mississippi, agreed to a proposed stipulated order, lodged today in federal district court, to expedite needed sewer system repairs and to address spills of raw and undertreated sewage into homes, businesses, streets, yards and waterways. Under the terms of the agreement, the federal court would appoint Ted Henifin as interim third-party manager of the city's sewer system. Henifin, who has been serving as interim third-party manager for the city's drinking water system since November 2022, would manage, operate and maintain the city's sewer system.

The proposal is an interim measure until the parties negotiate modifications to a judicially enforceable consent decree to achieve the sewer system's long-term compliance with federal and state regulations. The proposed stipulated order is subject to a public comment period through August 31, 2023, during which public meetings will be held in the City of Jackson.

"In November of last year, the Justice Department filed a proposal to appoint a third-party manager to oversee and implement improvements to Jackson's drinking water system," said Principal Deputy Assistant Administrator Larry Starfield of EPA's Office of Enforcement and Compliance Assurance. "Today, we continue to protect the health and safety of Jackson residents by proposing the oversight and programs needed to restore Jackson's sewer systems."

"Under today's agreement, expedited measures will be taken to address the City of Jackson's deteriorating sewer infrastructure and inadequate operation and maintenance, which have caused residents and businesses to endure sewage discharges that threaten public health and the environment," said Assistant Attorney General Todd Kim of the Justice Department's Environment and Natural Resources Division. "This action shows the continuing commitment of the Justice Department to seek justice, health and safety for the residents of Jackson, Mississippi, and to prioritize enforcement in the communities most burdened by environmental harm."

"This agreement is an appropriate next step in our enforcement efforts to ensure that the City of Jackson lives up to its responsibility, pursuant to the federal Clean Water Act and Mississippi law, to address and correct issues with its sewer system," said Executive Director Chris Wells of the Mississippi Department of Environmental Quality.

The agreement acknowledges that the city failed to achieve significant progress under a 2013 settlement among the parties that was entered by the federal court as a consent decree, and that the sewer system has further deteriorated over the last ten years, resulting in violations of the settlement, the federal Clean Water Act (CWA), the Mississippi Air and Water Pollution Control Law (MAWPCL) and the city's National Pollutant Discharge Elimination System (NPDES) permits associated with the sewer system.

The agreement requires implementation of certain programs and capital projects to improve the sewer system's condition, operations, and maintenance that are anticipated to bring near-term relief to the city's residents and businesses.

The interim third-party manager would have the authority to, among other things:

• Operate and maintain the city's sewer system in compliance with the CWA, MAWPCL, and NPDES permits;
• Implement capital improvements to the city's sewer system. This includes a set of priority projects to investigate and repair certain areas of the sewer system (including 215 areas previously identified by the city as emergency sewer failure locations), and certain repair work associated with the Savanna and Trahon wastewater treatment plants; and
• Implement or continue implementing programs to post signage about sewer overflows for which there is a reasonable expectation of public exposure; keep fats, oils, and grease out of the sewer system; and clean and inspect lines on a recurring schedule.

Under the proposal, the EPA, the Justice Department, the MDEQ, and the City of Jackson will resume negotiations within three years to modify the 2013 settlement to achieve long-term compliance with the CWA, MAWPCL and NPDES permits.

A copy of the proposed stipulated order and instructions for submitting public comments is available at www.justice.gov/enrd/consent-decrees. All comments must be electronically submitted or postmarked by August 31.

Public meetings to receive comments are planned at the Mississippi e-Center, 1230 Raymond Road, Jackson, MS on August 21st, from 6pm – 8 pm.  Additional meetings are being planned and will be announced separately. For information and details on the public meetings, please visit https://www.epa.gov/ms/jackson-ms-sewer-system.

The case is being litigated by the Environment and Natural Resources Division's Environmental Enforcement Section, in conjunction with EPA and the Mississippi Department of Environmental Quality.

Members of the public can help protect our environment by identifying and reporting environmental violations. Learn more

 

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Issued: Jul 26, 2023 (1:16pm EDT)

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Biden-Harris Administration Announces $305 Million in WIFIA Loans for Water Supply Sustainability in Central Florida

When combined with other funding sources, the WIFIA program has supported more than $39 billion for America's water infrastructure

WASHINGTON (July 26, 2023) — Today, the U.S. Environmental Protection Agency (EPA) announced two Water Infrastructure Finance and Innovation Act (WIFIA) loans totaling $305 million to the Polk Regional Water Cooperative in Polk County, Florida. This funding will support projects to sustain the local drinking water supply and alleviate the strain on the Upper Floridan Aquifer.

"In central Florida, strain on local groundwater is threatening the drinking water of 635,000 people. That's why EPA is announcing $305 million in WIFIA funding to help turn millions of gallons of brackish water into safe drinking water every day," said EPA Assistant Administrator Radhika Fox. "Through WIFIA and $50 billion under the Bipartisan Infrastructure Law, EPA is addressing water challenges across the country, strengthening communities, and advancing the Biden-Harris Administration's vision for investing in America."

Polk County relies on the Upper Floridian Aquifer as its primary source of water. This aquifer is projected to be unable to meet drinking water demand by 2035, and the Polk Regional Water Cooperative is proactively securing a sustainable water supply while protecting central Florida's natural water resources through the Alternative Water Supply Program. The Alternative Water Supply Program is a regional solution to help reduce strain on the Upper Floridian Aquifer constructing two new water production facilities that provide treatment for brackish water from the Lower Floridian Aquifer. Both facilities will have extraction and injection wells, as well as standalone reverse osmosis water treatment plants and distribution piping. Once complete, the Polk Regional Water Cooperative will produce 10 million gallons per day of new alternative water supplies with future expansion capability of up to 22.5 million gallons per day.

"Receiving these WIFIA loans is a game-changer for the residents of Polk County," said George Lindsey III, Chairman of the PRWC Board of Directors. "The PRWC alliance formed between the county and its municipalities has strengthened our opportunity to seek federal and state funding that will have tremendous impact on future water supplies in Polk."

EPA committed to this project early in its development and worked closely with the Cooperative to develop a strong financing agreement that will save approximately $178 million. Investing in the region's infrastructure will create approximately 2,000 construction and operation jobs.

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

Background 
Established by the Water Infrastructure Finance and Innovation Act of 2014, the WIFIA program is a federal loan program administered by EPA. The WIFIA program's aim is to accelerate investment in the nation's water infrastructure by providing long-term, low-cost supplemental credit assistance for regionally and nationally significant projects. The WIFIA program has an active pipeline of pending applications for projects that will result in billions of dollars in water infrastructure investment and thousands of jobs.

EPA is currently accepting letters of interest for WIFIA and SWIFIA loans. Learn more about submitting a letter of interest for a WIFIA loan.

In addition to WIFIA loans, there are many federal funding resources available for communities and utilities to improve vital water and wastewater resources. President Biden's Bipartisan Infrastructure Law is a once-in-a-generation investment in our nation's infrastructure and competitiveness. The Bipartisan Infrastructure Law provides a historic $50 billion investment in upgrading critical water, wastewater, and stormwater infrastructure.

 

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Issued: Jul 25, 2023 (1:20pm EDT)

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Globe Metallurgical to Pay $2.6 Million Fine, Implement Extensive Emissions Controls and Limit Sulfur Inputs to Reduce Pollution from Industrial Furnaces in Ohio

WASHINGTON (July 25, 2023) – Globe Metallurgical, Inc. has agreed to a consent decree that would require it to pay a $2.6 million civil penalty, implement an estimated $6.5 million in new and improved air pollution emissions controls and limit the sulfur content of inputs in its metal production process to settle alleged violations of the Clean Air Act (CAA) at a ferroalloy production facility in Beverly, Ohio. Emissions of air pollutants, such as the sulfur dioxide (SO2) and particulate matter (PM) emitted from Globe's operation of five electric arc furnaces, may cause adverse environmental and health impacts, including lung disorders such as asthma and bronchitis.

 

According to the six-count complaint, filed simultaneously with the settlement today in the Southern District of Ohio, Globe allegedly violated CAA requirements following the expansion of one of its furnaces, including a failure to assess best available pollution control technology for the modified furnace and failure to demonstrate compliance with regulations applicable to ferroalloy production plants. The United States also alleged that Globe had a history of excessive emissions of PM from the facility in violation of its existing permits.

 

"This settlement requires Globe to take substantial steps to reduce emissions of harmful air pollutants from industrial furnaces at its Beverly, Ohio facility," said Principal Deputy Assistant Administrator Larry Starfield for EPA's Office of Enforcement and Compliance Assurance. "The result will be cleaner, healthier air for neighboring communities."

 

"The extensive measures required by today's settlement will reduce pollution and help prevent future violations of the Clean Air Act, ensuring that the citizens of Southeast Ohio have cleaner air to breathe," said Assistant Attorney General Todd Kim for the Justice Department's Environment and Natural Resources Division. "This case demonstrates that the Department of Justice will work tenaciously to hold accountable companies that violate federal environmental law."

 

"Compliance with regulations requiring upgrades to aging industrial facilities are critical when protecting health and the environment," said U.S. Attorney Kenneth L. Parker for the Southern District of Ohio. "The Justice Department and the Environmental Protection Agency are vigilantly ensuring compliance with the Clean Air Act and other environmental laws."

 

In addition to paying a penalty, Globe will now be required to utilize coal and other materials with a specified reduced-sulfur content to limit the generation of harmful SO2 emissions. Globe will also take significant steps to reduce emissions of PM, including construction of an additional pollution control baghouse, and implementation of physical improvements to equipment and changes to operational practices to reduce emissions of PM both from stacks and directly to the atmosphere from equipment. Globe will also be conducting extensive testing and implementing significantly enhanced monitoring of air pollutants to ensure ongoing compliance.

 

The consent decree also brings the Globe facility's pollution control obligations up to date with environmental regulations that post-date the plant's construction, including stricter limits on PM and carbon monoxide emissions.

 

The consent decree is subject to a 30-day comment period and final approval by the court. A copy of the consent decree is available on the Justice Department website. 

 

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Issued: Jul 25, 2023 (12:01pm EDT)

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Biden-Harris Administration Proposes to Improve Air Pollution Emissions Data

WASHINGTON (July 25, 2023) – Today, the U.S. Environmental Protection Agency (EPA) announced proposed updates to the Agency's Air Emissions Reporting Requirements rule, including proposing to require reporting of hazardous air pollutants, or "air toxics." Air toxics are known or suspected to cause cancer and other serious health effects. The proposed updates would ensure that EPA has readily available data to identify places where people are exposed to harmful air pollution and to develop solutions, aligning with the Biden-Harris Administration's commitment to advancing environmental justice.

The proposal would revise the Air Emissions Reporting Requirements rule, which currently requires states to report emissions of common air pollutants, such as particulate matter, along with pollutants that contribute to their formation, such as ozone-forming volatile organic compounds (VOCs). While most states voluntarily report some air toxics emissions data to EPA now, that reporting is not consistent nationwide.

"Data and science are the very foundation of the work we do every day at EPA to protect public health and the environment," said EPA Administrator Michael S. Regan. "When we have the most recent, most accurate data on air toxics and other emissions, we can improve our identification of areas where people may be at risk from pollution, develop solutions and help ensure everyone has clean air to breathe."

The data EPA receives under the rule forms the basis for the National Emissions Inventory. EPA uses information in the inventory as it develops and reviews regulations, conducts air quality modeling, and conducts risk assessments to understand how air pollution may affect the health of communities across the country, including those that are marginalized and overburdened by pollution. Other federal agencies, along with state, local, and tribal air agencies also use the data and information the inventory provides.

In addition to ensuring EPA has the data critical to identifying places where people are exposed to harmful air pollution, the proposal also would provide data that communities can use to understand the significant sources of air pollution that may be affecting them – including data on highly toxic chemicals that can cause cancer and other serious health problems. Collecting air toxics data will advance President Biden's Cancer Moonshot, which includes a goal of preventing cancers by reducing environmental exposures to cancer-causing pollution.

The proposed rule would require nearly 130,000 facilities to report air toxics emissions directly to EPA. It would also give states the option to collect the air toxics data from industry and report it to EPA, provided the Agency approves their program. In addition, the proposal includes provisions to limit burden on small businesses, such as allowing certain small businesses to report total emissions of each air toxic instead of providing more detailed information.

EPA's proposal also would improve other emissions data in other areas, by:

• Requiring certain facilities located in Tribal nations to report emissions if Tribes do not report them.
• Increasing reporting of common pollutants known as "criteria pollutants" by using the same emissions thresholds every year.
• Adding to the information that EPA and other federal and state agencies have available to understand the impacts of prescribed fires.

EPA will hold several informational webinars to provide background on the proposed rule and provide an opportunity for attendees to ask questions. The Agency will take written comment on the proposal for 70 days after it is published in the Federal Register. The Agency also will hold a virtual public hearing 21 days after the proposal is published in the Federal Register.

To read the proposal or to sign up to attend a webinar, visit the website for the proposed rule. 

 

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