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Environmental Protection Agency, 1650 Arch Street, Philadelphia, PA 19103-2029 United States
EPA News: EPA awards $151,000 to West Virginia University for wetlands project
Environmental Protection Agency, 1650 Arch Street, Philadelphia, PA 19103-2029 United States
EPA News: EPA awards $1.76 million to Virginia to control polluted runoff, restore water quality
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Environmental Protection Agency, 1650 Arch Street, Philadelphia, PA 19103-2029 United States
Administrator Wheeler Wraps Up Southeast Swing with Agriculture, Air Announcements in North Carolina
"This administration continues to show that the country can have both environmental progresses and economic growth at the same time," said EPA Administrator Wheeler. "We will always listen to and be responsive to legitimate stakeholder concerns, whether they be from the agriculture and manufacturer communities or local community groups."
"This action will make it easier for farmers and growers to comply with the Application Exclusion Zone provisions by making them more effective and easier to implement," said EPA Region 4 Administrator Mary S. Walker. "EPA is also showing commitment to the manufacturing sector with an amendment to the 2015 NESHAP to provide needed clarity to the regulated community."
At Overman Farms in Goldsboro, N.C. with U.S. Congressman David Rouzer (NC-07), Administrator Wheeler announced the finalization of improvements to requirements for the pesticide application exclusion zone (AEZ) — the area surrounding pesticide application equipment that exists only during outdoor production pesticide applications.
"Once again this Administration is proving their commitment to adhering to the mission of a clean and safe environment while making common sense reforms to rules and regulations that are unnecessarily onerous," said U.S. Congressman David Rouzer (NC-07). "Administrator Wheeler and his team are a real breath of fresh air for North Carolina's farm families who go above and beyond to protect the very soil and water necessary to produce the food and fiber that helps feed and clothe America and the world."
"Farmers must have clear, effective and enforceable pesticide rules to work responsibly and efficiently, and North Carolina Farm Bureau commends the Administration and EPA for updating the pesticide Application Exclusion Zone requirements to reflect that," said North Carolina Farm Bureau President Shawn Harding. "We appreciate EPA's continued vigilance over the safe use of pesticides critical to agriculture, while giving farmers the flexibility and trust to grow food, fiber and fuel without excessive burden. Once again, the Administration and EPA Administrator Andrew Wheeler have demonstrated their commitment to sensible, science-based regulatory reform that provides practical and workable guidance to farmers feeding our nation and the world."
EPA's targeted changes improve the enforceability and workability of the AEZ requirements, decrease regulatory burdens for farmers, and maintain critical worker protections. These targeted changes include:
- AEZ requirements only apply within the boundaries of the agricultural establishment, removing off-farm responsibilities that were difficult for state regulators to enforce.
- Immediate family members of farm owners are now exempted from all aspects of the AEZ requirements. Farm owners and their immediate family are now able to shelter in place inside closed buildings, giving farm owners and immediate family members flexibility to decide whether to stay on-site during pesticide applications, rather than compelling them to leave even when they feel safe remaining.
- New clarifying language has been added so that pesticide applications that are suspended due to individuals entering an AEZ may be resumed after those individuals have left the AEZ.
- Simplified the existing criteria to help inform decision-making on whether pesticide applications are subject to the 25- or 100-foot AEZ.
No changes were made to the "Do Not Contact" provision that prohibits a handler/applicator and the handler's employer from applying a pesticide in such a way that it contacts workers or other persons directly or through drift.
Today, EPA also finalized an amendment to the 2015 NESHAP for Phosphoric Acid Manufacturing. This amendment, which addresses a petition submitted by PCS Phosphate Company, Inc. (now a subsidiary of Nutrien Ltd.) located in Aurora, North Carolina, draws on newly available data in order to make needed revisions to the 2015 NESHAP. It is not expected to result in an increase in mercury or any other hazardous air pollutant. These changes are not expected to result in an increase in mercury or any other hazardous air pollutant (HAP). It is also expected to save approximately $26 million over the next five years, and protect and preserve hundreds of direct jobs in Eastern North Carolina.
"This amendment to the emissions standard for hazardous air pollutants is a big win for North Carolina and will save hundreds of jobs in eastern North Carolina," said U.S. Senator Thom Tillis. "I want to thank the administration for their continued attention to issues that face our great state and I applaud Administrator Wheeler for putting forth common sense, realistic goals that will ensure jobs stay in North Carolina, while also ensuring our environment is protected for the benefit of future generations."
US EPA, Office of Public Engagement, 1200 Pennsylvania Avenue NW, Washington, DC 20460 United States
EPA Enforcement Actions Help Protect Vulnerable Communities from Lead-Based Paint Health Hazards
"Compliance with federal lead paint laws is essential to protect children across the country and is a priority for EPA," said EPA Assistant Administrator for Enforcement and Compliance Assurance Susan Bodine. "We assure compliance through a variety of ways, including working with communities to increase understanding of lead paint hazards, stopping the proliferation of misinformation by targeting television renovation shows that broadcast violations, and creating deterrence with civil and criminal actions."
EPA has designated the reduction of childhood lead exposures as a high priority as a high priority. The actions announced today support the agency's continuing commitment to implement the Federal Action Plan to Reduce Childhood Lead Exposures and Associated Health Impacts (Action Plan) issued by the Trump Administration in December 2018.
Regulations promulgated under the federal Toxic Substances Control Act (TSCA) and the Residential Lead-Based Paint Hazard Reduction Act (LHRA) apply to most pre-1978 dwellings and child-occupied facilities such as pre-schools and child-care centers. TSCA's Renovation, Repair and Painting (RRP) Rule and Lead-based Paint Activities Rule require contractor certification and lead-safe work practices. LHRA's Section 1018 Lead Disclosure Rule (LDR) requires disclosure of information about lead-based paint before the sale or lease of most housing built before 1978. By ensuring compliance with federal lead-based paint requirements, EPA can address a major source of lead exposure that occurs in communities across the nation.
Since the 1970s, the United States has made tremendous progress in lowering children's blood-lead levels. Lead exposure, however, particularly at higher doses, continues to pose a significant health and safety threat to children, preventing them from reaching their fullest potential for their health, intellect and future development. No safe level of lead exposure has been identified for children, making them particularly vulnerable and underscoring that anything you can do to reduce exposures can improve life outcomes.
Included in the highlighted FY2020 enforcement actions are EPA civil administrative proceedings, and judicial civil and criminal actions prosecuted by the U.S. Department of Justice. Enforcement actions require alleged violators to come into compliance with the law and, in most cases, to pay penalties. In determining the appropriate civil penalty amount, the agency considers a violator's ability to pay, ability to continue to do business, and other factors. In some of the settlements announced today, EPA reduced the penalty because the cases involved minor violations and/or small-scale businesses. Also, in some settlements the alleged violator agreed to perform projects to help prevent lead exposures.
Selected highlights include:
Muhammad Ashraf (Pa.) paid a penalty of $84,000 to settle alleged Lead Disclosure Rule (LDR) violations related to six residential lease agreements. The alleged violations included failure to comply with LDR requirements to provide prospective tenants an EPA-approved lead hazard information pamphlet, a required Lead Warning Statement, and an appropriate statement disclosing knowledge of the presence of lead-based paint and/or lead-based paint hazards. A city referred this case to EPA because a child with a high elevated blood-lead level resided in one of the rental properties.
Walter H. Clews (Md.), owner and principal manager of American Homeowner Services (AHS), pleaded guilty to three TSCA criminal counts for causing his company's staff to certify target housing as "lead-free," when, in fact, the housing contained lead-based paint. AHS is a lead-based paint abatement services operation. The Maryland Department of the Environment (MDE), with EPA financial assistance, re-inspected more than 300 residences certified as lead-free by AHS and found that more than 100 of them contained lead-based paint. These inspections arose out of a complaint from a homeowner with young children who discovered that her property contained lead-based paint despite receiving a certification from AHS that it was lead-free. MDE referred the matter to EPA's Criminal Investigation Division, which found that one of AHS's inspectors routinely failed to properly inspect target housing, and that Clews and a company manager instructed the company's staff to generate and sign false lead-free reports on behalf of the inspector.
Growing Days, LLC (Kan./Mo.), whose owner, Tamara Day, hosts HGTV's Bargain Mansions television show, entered into a settlement to resolve alleged Renovation, Repair and Painting (RRP) Rule violations depicted on the show. After observing violations on the television show, EPA conducted on-site inspections and compliance monitoring activities. The settlement was conditioned upon the company's performance of several projects to promote broader awareness of and compliance with the RRP Rule. The projects included creation of an RRP instructional video, to be posted on the company's website and blog, and linked to its social media platforms, thereby reaching a large audience of potential future home renovators. EPA also obtained settlements with the following contractors associated with the Bargain Mansions show: Homoly and Associates, Inc. Open Door Homes, Inc. (Kan./Mo.); Next Generation Construction, LLC (KS); Remco Demolition, LLC(Kan./Mo.); and KC Demo, Inc. (Mo.). Collectively, the businesses associated with the Bargain Mansions show, including Growing Days LLC, paid $66,287 in penalties to settle alleged violations for improper renovations related to the show.
Collegiate Entrepreneurs, Inc. (Mass.), a home painting company, was sentenced after pleading guilty to one count of violating TSCA and one count of falsification of records. The company performed jobs subject to TSCA's RRP Rule. The Rule required the company to ensure that certified renovators complied with training, supervision, lead-safe work practices, post-renovation cleaning, recordkeeping and other requirements. In response to a federal grand jury subpoena, an employee produced records for 12 jobs, including records purportedly prepared and signed by certified renovators to document compliance. However, records for at least 10 of the jobs were false; signatures had been forged and the records falsely represented that the jobs were compliant. Collegiate Entrepreneurs was sentenced to pay a fine of $50,000; serve five years of probation; abstain from RRP Rule-regulated projects while on probation; and pay $30,000 in restitution to a victim homeowner.
Aaron Wise (Pa.) was sentenced to two years of probation and ordered to pay $1,596 in restitution to four victims for falsely advertising himself as an EPA-certified lead trainer and making false statements to EPA. Wise was charged with making false statements regarding his name and employment qualifications in written correspondence with EPA. Wise gave a false name to EPA and misrepresented the nature of his background and training to make it appear that he was an accredited provider of EPA Lead Certification courses.
Dennis Morgan (Pa.) was indicted by a federal grand jury on three counts of violating TSCA for alleged failure to comply with the Lead Disclosure Rule for property in Sunbury, Pa. The indictment charged that Morgan failed to fulfill disclosure and recordkeeping obligations. The maximum penalty for each violation is one year of imprisonment, one year of supervised release, and a $100,000 fine.
Precision Consulting, Inc., and Wayne Gladney (N.Y.) were found in contempt of court and subject to sanctions, starting at $100 per day, doubling daily up to $1000 per day, for violating the court's preliminary injunction order for alleged lead-based paint violations. Gladney is the company's principal and owner. The Federal District Court in the Eastern District of New York ruled that the defendants failed to comply with its civil preliminary injunction order. That order compelled the defendants to, among other things, abstain from lead-based paint renovations or abatements until they could demonstrate compliance, and to change the company's website to accurately reflect its certifications and capabilities. The case stems from EPA's civil complaint which alleged that the defendants had repeatedly violated lead-based paint requirements when performing lead paint abatements and a renovation in metropolitan New York City. The alleged violations included failure to comply with requirements to obtain EPA certification, assign a certified supervisor to oversee abatements, conduct post-abatement clearance procedures and ensure performance by a certified abatement worker.
To see additional highlights of FY2020 enforcement actions, visit: https://www.epa.gov/enforcement/epas-lead-based-paint-enforcement-helps-protect-children-and-vulnerable-communities-2020
To learn more about EPA's progress implementing the Action Plan and stories of on-the-ground work being conducted nationwide, visit: https://www.epa.gov/leadactionplanimplementation
Members of the public can help protect our environment by identifying and reporting environmental violations. Learn more here: https://www.epa.gov/enforcement/report-environmental-violation-general-information
US EPA, Office of Public Engagement, 1200 Pennsylvania Avenue NW, Washington, DC 20460 United States
EPA Finalizes Improvements to Pesticide Application Exclusion Zone Requirements
"Since day one, the Trump Administration has been committed to protecting the health of all our citizens," said EPA Administrator Wheeler. "The changes to the AEZ requirements make it easier to ensure people near our nation's farms are protected, while simultaneously enhancing the workability of these provisions for farm owners and protecting the environment."
This final action balances the input EPA received from a wide range of stakeholders during the proposed action's 90-day comment period. EPA has clarified and simplified the AEZ requirements based in part on input from state pesticide regulatory agencies and agricultural stakeholders after the adoption of the 2015 WPS rule. Consistent with PRIA, EPA is only implementing changes related to the AEZ requirements in the WPS. These targeted changes include:
- AEZ requirements only apply within the boundaries of the agricultural establishment, removing off-farm responsibilities that were difficult for state regulators to enforce.
- Immediate family members of farm owners are now exempted from all aspects of the AEZ requirements. Farm owners and their immediate family are now able to shelter in place inside closed buildings, giving farm owners and immediate family members flexibility to decide whether to stay on-site during pesticide applications, rather than compelling them to leave even when they feel safe remaining.
- New clarifying language has been added so that pesticide applications that are suspended due to individuals entering an AEZ may be resumed after those individuals have left the AEZ.
- Simplified criteria to determine whether pesticide applications are subject to the 25- or 100-foot AEZ.
No changes were made to the "Do Not Contact" provision that prohibits a handler/applicator and the handler's employer from applying a pesticide in such a way that it contacts workers or other persons directly or through drift.
To read the rule in full, please visit: https://www.epa.gov/pesticide-worker-safety/worker-protection-standard-application-exclusion-zone
Background
The original WPS regulation was enacted in 1992 under EPA's Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorities to protect farm workers from pesticide exposures in production agriculture. The WPS requires owners and employers on agricultural establishments and commercial pesticide-handling establishments to protect employees on farms, forests, nurseries, and greenhouses from occupational exposure to agricultural pesticides.
In 2015, EPA finalized various significant revisions to the 1992 WPS. Among the 2015 revisions was a new provision requiring agricultural employers to keep workers and all other individuals out of an area called the "application exclusion zone" (AEZ) during outdoor pesticide applications. The AEZ is the area surrounding pesticide application equipment that exists only during outdoor production pesticide applications. The AEZ will be 25 feet in all directions for ground pesticide applications when sprayed from a height greater than 12 inches, and 100 feet in all directions for outdoor aerial, air blast, air-propelled, fumigant, smoke, mist and fog pesticide applications.
The initial intent of the AEZ was to supplement existing WPS provisions for farm workers to better protect them and other on-farm persons that could be contacted by pesticides. However, state regulators expressed concerns with enforcing the complex AEZ requirements and farm owners expressed concerns with applying and complying with pesticide regulations.
US EPA, Office of Public Engagement, 1200 Pennsylvania Avenue NW, Washington, DC 20460 United States
EPA News: EPA awards $187,000 to Pennsylvania to support wetlands restoration
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Environmental Protection Agency, 1650 Arch Street, Philadelphia, PA 19103-2029 United States
EPA News: EPA awards $11 million to Delaware for drinking water improvement projects
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Environmental Protection Agency, 1650 Arch Street, Philadelphia, PA 19103-2029 United States
EPA’s Responsible Appliance Disposal Program Honors PPL Electric Utilities
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Environmental Protection Agency, 1650 Arch Street, Philadelphia, PA 19103-2029 United States
